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HomeMy WebLinkAbout04-20-2004 CCMLAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 1 MINUTES APPROVED: May 4, 2004 LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 1. AGENDA 2. MINUTES: April 6, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Audit Report: Steve McDonald, Abdo, Eick and Meyers 4. CONSENT AGENDA: A. Resolution No. 2004-031: Approving Claims B. Resolution No. 2004-035: Approve Claim 5. FINANCE: A. Monthly Operations Report 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept. – MN Orienteering Club: Informational B. Building Dept. Update: Jim McNamara C. Fire Dept.: Grass Rig Tires D. Building Permit at 5699 Keats Avenue 8. CITY ENGINEER’S REPORT: A. Update on VFW Ball Field Lights B. Resolution No. 2004-032: Accept Bids for 2004 Overlay Project 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-027: Zoning Variance, 11094 35th Street, Eisele B. Resolution No. 2004-033, OP Development Stage Plan/CUP/Preliminary Plat: Whistling Valley 2nd Addition C. Resolution No. 2004-034: PUD Final Plan Amendment: United Properties Directional Sign D. Interpretation and Process – Accessory Building Exterior Color 10. CITY ATTORNEY’S REPORT: A. West Lakeland Township Joint Resolution for Orderly Annexation: Resolution No. 2004-036 11. CTIY ADMINISTRATOR’S REPORT: A. Lake Jane Landfill – Groundwater B. Comprehensive Plan – Metropolitan Council C. City Council E-mail Boxes D. Human Resource Committee Workshop 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7 p.m. in the Council chambers. PRESENT: Siedow, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official Jim McNamara, Acting Finance Director Tom Bouthilet and Acting Administrator/City Planner Dillerud. ABSENT: Council member Dunn LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 2 1. AGENDA M/S/P Johnston/Siedow - to approve the April 20, 2004 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: April 6, 2004 M/S/P Johnston/DeLapp - to approve the April 6, 2004 City Council minutes, as amended. (Motion passed 5-0). 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Audit Report: Steve McDonald, Abdo, Eick and Meyers Steve McDonald, Abdo, Eick and Meyers presented the 2003 Annual Financial Report and responded to Council inquiries. Council thanked Mr. McDonald for his assistance and congratulated Tom Bouthilet and Chuck Dillerud on a successful audit. M/S/P Johnston/DeLapp - to accept the 2003 Annual Financial Report submitted by Steve McDonald, Abdo, Eick and Meyers. (Motion passed 4-0). 4. CONSENT AGENDA: A. Resolution No. 2004-031 and 2004-035: Approving Claims M/S/P Johnston/Siedow - to adopt Resolution No. 2004-031, approving claim numbers 198, 199, DD139 through DD147, 25434 through 25468 that were used for staff payroll dated April 15, 2004 and Claim Numbers 25469 through 25504 dated April 20, 2004 in the total amount of $99.759.60. (Motion passed 4-0). M/S/P Johnston/Siedow – to adopt Resolution No. 2004-035, approving claim number 25505 that was used for testing services for firefighter class II training in the total amount of $1150.00. (Motion passed 4-0). 5. FINANCE: A. Monthly Operations Report The Council received the Monthly Operating Review as of April 15, 2004. 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept. – MN Orienteering Club: Informational B. Building Dept. Update: Jim McNamara The Building Official reported there was one new residential building permit issued and no new commercial building permits in March, 2004. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 3 C. Fire Dept: Grass Rig Tires Fire Chief Malmquist has reported that the new grass rig chassis was delivered under the State Contact with tires that are not suitable for the off-road use this vehicle will encounter. He recommended that more off–road suited tires be installed, which will increase the cost to the City for the vehicle over that which has been approved by the Council. Two options were available: 1.) Trade the tires with a local tire dealer at a net cost of $703.92 or 2.) Purchase another set of tires under the State Contract at an estimated cost of $550 (and keep the tires now on the chassis as spare inventory). It was unclear as to what load range tire will be required and if that load range will be available under the State Contact. Staff recommended authorizing an increase in the total cost of the grass rig by not to exceed $702.92, with the understanding that if the State Contract tires can be purchased at the proper load range at a lower cost, that is the option the Fire Chief will use instead. Council member Siedow didn’t think we should have spare tires to store if we go with Option 2. M/S/P Siedow/Johnston - to authorize an increase in the total cost of the grass rig by not to exceed $750, with the understanding that if the State Contract tires can be purchased as the proper load range at a lower cost, that is the option of the Fire Chief will use instead. (Motion passed 4-0). D. Building Permit at 5699 Keats Avenue: Council member Johnston reported he had gone out and looked at the fence being built at the above address. He noted there are no current materials stated in the code for a fence and if the fence is over 6’ in height it requires a building permit. Council member Siedow said it looks like a building is going up and not a fence. He said the property owner, who is a planning commission member, was working on the fence Monday night and has not gotten a permit. The Building Official said the property owner bermed around the area to be fenced. He said the maximum height from grade is 8’, not roofed, not solid, and could be fabric material. Mayor Hunt said the direction of the Council has been to enforce our codes as best as can be defined. He asked the Building Official to make a list on what the code doesn’t address. Council member Siedow asked the Building Official to get photographic proof that the fence is being worked on and then red tag it. 8. CITY ENGINEER’S REPORT: A. Update on VFW Ball Field Lights The City Engineer reported that he had contacted the vendors, received revised costs which were listed in his memo dated April 14, 2004. The Engineer requested authorization to enter into a purchase agreement with MUSCO lighting for installation of the poles; and, authorize City staff to acquire an easement from the Hagbergs for a utility easement. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 4 Council member Siedow said he thought the city was going to make a mistake by installing these lights since the neighborhood thinks that the lights would be similar to the lights located in Lions Park. The Council asked if the City Engineer could get a list of another ball field with similar lights so the council gets an idea of how bright the lights will be. Siedow said that there might not be many houses located near the VFW field now, but there will be in the old village plan. Johnston said the last discussion included the observation that lighted fields would be bringing more people to the downtown a positive consideration. He noted, however, that if there are neighborhood concerns, we should take a look at that. Mayor Hunt said he was a supporter of the lights. M/S/P DeLapp/Siedow – to direct the staff to locate an existing ball field with the same lights as proposed for the VFW ball field that would be available for Council and neighborhood residents visit and determine the impact. The City would pay any fees that may be required to light the field for only Lake Elmo purposes. (Motion passed 4-0.) This will be added to the May 4th council agenda to consider the lighting impact on surrounding properties. B. Resolution No. 2004-032 – Award Bid for the 2004 Overlay Project In his memo dated April 14, 2004, Tom Prew recommended awarding the contract to the lowest bidder, Tower Asphalt, Inc., for their base bid of $62,800. He asked the Council to make a decision if it wished to include the landscape cul-de-sac islands at a cost pf $11,475. The council decided to award the base bid and see if the neighbors want the landscape berm. M/S/P DeLapp/Siedow – to adopt resolution 2004-032 award the bid for the 2004 overlay project at a base bid of $62,800 to Tower Asphalt. (Motion passed 4-0. M/S/P Siedow/Johnston – to invite the neighbors around the cul-de-sac to the May 4 Council meeting to advise the City Council of their input regarding the landscaped cul- de-sac project alternative. (Motion passed 4-0). 9. PLANNING, LAND USE & ZONING: A. Zoning Variance – 11094 35th Street The Planner reported that at its April 6th meeting, the Council tabled this application for side and front yard variance to enable the construction of a garage. The Council asked to have the applicant secures a new survey of the site depicting the proposed garage re- oriented to line up with the south wall of the house rather than setting the garage at an angle to reduce the amount of set back variance. The purpose of the request is to determine exactly what the resulting set back would be; and, to be able to specify the actual amount of the set back variance being considered. Jon Eisele submitted a revised survey depicting the proposed garage reduced in width from 32 feet to 28 feet; reduced in length from 24/26 feet to 22/24 feet; and, with the rear of the garage in line with the south wall of the house. The side set back (south) becomes LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 5 a minimum of 3 feet. The front set back (east) becomes a minimum of 18 feet. A modified resolution reflecting this survey was provided for Council consideration. The fence did not appear on the survey, but the driveway configuration was changed. M/S/P DeLapp/Johnson - to adopt Resolution No. 2004-027 approving side and front set back variances for construction of a garage at 1109 35th street per plans staff dated April 6, 2004. (Motion passed 4-0). B. OP Development Stage Plan/CUP and Preliminary Plat – Whistling Valley 2nd Addition The City Planner reported the Planning Commission recommended approval of the Development Stage/CUP and Preliminary Plat of this OP project to crate 18 building lots on a site of 45 acres. The approval recommendation is subject to the condition of compliance with Engineer and Attorney requirements and those recommendations of outside agencies found by the City to be necessary and reasonable; and, second condition requires a slight enlargement of one of the lots to meet the 3.4 minimum lot area requirement. The Commission recommended the preliminary plat move forward, but that the rail access location is worked out with Washington County prior to Final Plat submission. The County staff had indicated to City staff that a resolution of the issue should be attainable once their Parks and Transportation people come to an internal agreement. Jerry Marah, Oakdale Gun Club, asked to place covenants on their abstracts that there is an active firing range in the neighborhood, such as was added to the Stonegate development. M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-033 approving the OP Development Stage Plan, Conditional Use Permit, and Preliminary Plat of Whistling Valley 2nd Addition per plans Staff dated April 6, 2004, based on the Findings and the added condition that the applicant shall include a clause in the Covenants notifying prospective purchasers that pre-existing Conditional Use Permits (CUP) exist in the vicinity of Whistling Valley 2nd Addition, including, but not limited to Hammes Mining, Linder’s Greenhouse, Oakdale Gun Club, and an airstrip for small aircraft. (Motion passed 4-0). C. PUD Final Plan Amendment – United Properties The City Planner reported Nordquist Sign Company has applied for a permit to install a permanent “directional sign” along Hudson Blvd. to replace the High Pointe Health temporary sign that has been located there for several years. The replacement sign would be sided to accommodate four directional messages. The sign design would be in keeping with the other Eagle Pointe Business Park signage. Since this sign was not a component of the Eagle Pointe PUD Master Sign Plan, and would otherwise not be a permitted sign, United Properties has requested an amendment to the Eagle Pointe PUD Final Plan (the Master Sign Plan portion) to include this sign. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 6 Staff recommended approval of the requested PUD Final Plan amendment because it would both constitute an improvement in appearance (over the old temporary High Pointe directional), and, provide a measure of traffic safety be advising the motorists of who is where along a busy stretch of roadway. M/S/P DeLapp/Siedow - to approve Resolution No. 2004-034, approving a Final PUD Plan amendment of the Eagle Pointe Business Park to permit a directional sign per plans staff dated April 20, 2004; subject to the conditions that the sign be set back not less than 15 feet from any property line and pubic street right-of-way. (Motion passed 4-0). D. Interpretation and Process – Accessory Building Exterior Color The City Planner reported a resident approached staff regarding the exterior color of an accessory building that has been completed, but is not as yet painted. The accessory structure has some of the architectural features of a barn and the resident desires to paint the accessory s structure red to complete the barn theme. The Zoning Ordinance requires non-farm accessory structures to be of a similar color or match that of the principal structure on the site, or the exterior color is of an earthen tone. A light gray principal structure with a red accessory structure does not meet that standard. Staff advised that relief from this code provision could only be provided by either an amendment to the zoning ordinance, or a zoning ordinance variance. Both processes would require a Hearing by the Planning Commission, and approved by the City Council. The City would need to address the hardship in the case of a variance and the variance process requires a $620 application fee. If the Council originates the request for such an amendment to be considered on the basis of potential applicability to more than this case, no application fee would be chargeable. M/S/P DeLapp/Siedow – that the Council determines that an amendment to the zoning ordinance may be appropriate to deal with the color of “Rural Character” styled accessory structures and to direct the staff to bring a Zoning Ordinance the amendment proposal regarding the color of accessory building of an agricultural appearance to the Planning Commission for a Public Hearing and recommendation for the May 18th City Council meeting. (Motion passed 4-0.) 10. CITY ATTORNEY’S REPORT: A. West Lakeland Township Joint Resolution for Orderly Annexation. M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-036, A Joint Resolution for Orderly Annexation in the matter of the Joint Resolution of the City of Lake Elmo and the Township of West Lakeland Designating an Unincorporated Area as in Need of Orderly Annexation and Conferring Jurisdiction Over Said Area to the Department of Administration Pursuant to M.S. 414.0325. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 7 11. CIY ADMNISTRATOR’S REPORT: A. Lake Jane Landfill – Ground Water The Acting City Administrator reported that he had conversed with the “Closed Landfill” staff person at MPCA regarding the comments of Gloria Knoblauch as to potential Lake Jane Landfill groundwater contamination. He reported that although MCPA had no knowledge of any recent Lake Jane Landfill “evaluation”, the MPCA staff will draw ground water samples from their monitoring wells south of the landfill within a week and conduct a full spectrum test on those samples. If suspicious findings result from the tests, MPCA will conduct the same tests on private wells immediately south of the landfill site at MPCA expense. Gloria Knoblauch presented a memo received from other MPCA staff. The memo advised her of testing firms that the residents south of landfill could contract with, and the probably costs for such testing. B. Comprehensive Plan – Metropolitan Council Council member Johnston observed that the Met Council has an incentive to negotiate with the City now that the Supreme Court has agreed to hear the City’s appeal regarding the Met Council’s rejection of the Lake Elmo Comprehensive Plan. He suggested that the City shouldn’t close off that avenue and that the City continue talking with the Met Council to obtain a better definition of what they may be prepared to entertain as a compromise solution. He added that by that strategy the City at least hasn’t walked away from that opportunity. Johnston also said that in order to prevail the City needs to assemble as many allies as possible supporting our cause. He suggested that it seems that it is bad practice that the City is not at last talking to the Met Council. The Acting Administrator reported that during the council’s discussion in the executive meeting, there were some hints that the Met Council may want to settle out of court, but he had nothing in writing. Council Member DeLapp said he was concerned that the Met Council might think that the City wants to meet them half way, which, in his opinion, would destroy the City as we know it today because of the population shift that would result in urban development throughout the City in any undeveloped land that could potentially have access to sewer. Mayor Hunt stated that, officially, there is nothing new on the table from the Met Council. Council member Siedow said that the City just can’t go with how one person thinks on this issue. He stated that he believes the City could meet the Met Council at some point. The City Planner volunteered to work with the city’s attorneys to contact the Met Council and find out for certain if there was a settlement offer. LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 8 M/S/P Siedow/DeLapp to direct the City Planner go through the City’s attorneys inquire as to if there is a new settlement offer by the Met Council as has been communicated to the City by a third party and have them place it in writing and communicated to the Council. (Motion passed 4-0). C. City Council E-mail Boxes The Acting Administrator reported a resident recently criticized the City for no longer publishing on the City web site the personal Email addresses of City Council Members. A solution is to set up individual City Hall E-Mail Boxes for each City Council member. Those are the only addresses made available to the Public. The cost of doing this is $65 per member for the software license and $50 of labor to install. M/S/P Johnston/Siedow approve – to direct the staff to check with Council member Dunn of her desires on this matter because she was not in attendance at the meeting and to set up City Hall E-Mail Boxes for those Council Members that desire them. (Motion passed 4-0.) D. Human Resource Committee Workshop Council member Johnston stated that he detects a problem with code and interpretation, but he doesn’t know exactly if the problem is with code enforcement or interpretation. Johnston suggested that he City Human Resources Committee be requested to address the problems with Code enforcement that he perceives. It was the consensus of the Council that this matter be placed on the agenda of the May 18th Council meeting to gain the perspective of the new City Administrator on the issue. 12. CITY COUNCIL REPORTS: Mayor Hunt reported that City Planner Dillerud had not received an evaluation or Pay Plan Step consideration at his employment anniversary date as City Planner/Assistant Administrator on June 15, 2003, since he was also serving as “Acting” in the position that would have otherwise performed that evaluation, and would have also directed the appropriate salary action. Hunt also observed that another employment anniversary date for Dillerud would occur on June 15, 2004. He suggested that it was proper the City Council’s task to perform Performance Review and direct any base salary adjustments for Dillerud covering his job as City Planner/Assistant Administrator during two full employment years. Hunt reported that he had sent each Council Member a Performance Evaluation form and the Position Description for Planner/Administrator and City Administrator since Dillerud will have served in both positions for 16 months of the 24 months to be evaluated. Hunt said he would coordinate the individual evaluations of the Council for Council action for the May 18th Council meeting. Mayor Hunt reported that he will attend a May 11th forum for east side mayors where they will discuss tax policy, budget, housing, and population. On Saturday, May 29, there is a memorial service to the Veterans of World War II will be dedicated in Washington D.C. honoring the 16 million American servicepersons who served and died to preserve democracy. In tribute to their sacrifice and service, Bayport American Legion, Stillwater American Legion, Stillwater Veterans of Foreign Wars and Lake Elmo Veterans of LAKE ELMO CITY COUNCIL MINUTES APRIL 20, 2004 9 Foreign Wars are joining together to conduct a community celebration to honor the World War II Veterans in our area in a manner similar to the recognition at the Stillwater VFW. Mayor Hunt and Council member Dunn attended the Tri-Chamber luncheon where there was discussion on development issues on I94 and Highway 36. The next Tri-Chamber meeting will be at noon on June 8th. Council member DeLapp reported that he and Gloria Knoblauch had attended the Washington County recognition banquet for all the volunteers and County officials. Council member Siedow inquired as to the progress toward purchase of a speed trailer purchase. Acting Administrator Dillerud reported that there had been no progress to date, but staff will proceed with this acquisition as time permits. Council member DeLapp and Mayor Hunt suggested the City investigate an alternative vehicle speed advisory measure currently employed by 3M in its parking lots. M/S/P DeLapp/Siedow – to direct the Community Improvement Committee to look into using the vehicular speed advisory signs that Hunt and DeLapp noted. (Motion passed 4- 0). Council Adjourn the meeting at 9:10 p.m. --------------- Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2004-027 Zoning Variance, 11094 35th Street, Eisele Resolution No. 2004-031 Approve Claims Resolution No. 2004-032 Accept Bids for 2004 Overlay Project Resolution No. 2004-033 OP Development Stage Plan/CUP Preliminary Plat:Whistling Valley 2nd Addition Resolution No. 2004-034 PUD Final Plan Amendment:United Properties Directional Sign Resolution No. 2004-035 Approve Claim Resolution No. 2004-036 West Lakeland Township Joint Resolution for Orderly Annexation