HomeMy WebLinkAbout05-04-2004 CCMLAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 1
MINUTES APPROVED: May 18, 2004
LAKE ELMO CITY COUNCIL MINUTES
MAY 4, 2004
1. AGENDA
2. MINUTES: APRIL 20, 2004
3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 4. CONSENT AGENDA:
A. Water Ski Show: Joe Kiesling
B. Resolution No. 2004-037: Approve claims
5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING:
A. VFW Ball Field Lights
B. Update on Fire Dept. Activities: Chief Malmquist
8. CITY ENGINEER’S REPORT: A. Resolution No. 2004-:Landscape Cul-de-Sacs:Invitation to residents NOT APPROVED
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2004-038:Section 520 Site Plan, 11343 39th Street N.
B. Resolution No. 2004-039: Conditional Use Permit Amendment/Site Plan Amendment – Country Sun Farm
C. Resolution No: 2004-040:OP Ordinance Setback Variance: Whistling
Valley
10. CITY ATTORNEY’S REPORT:
11. CI:TY ADMINSITRATOR’S REPORT: A. Countywide Assessment Services
B. Resignation of Council Member:Resolution No. 2004-041
12. CITY COUNCIL REPORTS
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla,
Acting Finance Director Tom Bouthilet.
1. AGENDA
M/S/P Johnston/DeLapp - to approve the May 4, 2004 City Council agenda, as amended.
(Motion passed 4-0).
2. MINUTES: APRIL 20, 2004
M/S/P Johnston/DeLapp - to approve the April 20, 2004 City Council minutes, as
amended. (Motion passed 3-0-1Abstain:Dunn).
LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 2
3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries
Mark Kimball, Lake Elmo resident, introduced himself and noted he is running for state legislature in District 56A, which covers Lake Elmo. He thanked the Council for standing up for this community with the Met Council.
4. CONSENT AGENDA:
A. Water Ski Show: Joe Kiesling
Joe Kiesling, Tri-Lakes Assoc., requested Council approval of a Water Surface Use
Permit for the Annual Water Ski Show on Lake Jane, August 14, from 1-4:30 p.m. The
Tri-Lakes Association has secured the appropriate insurance coverage, and the Sheriff’s
Department will sign off on the permit pending Council approval. The Fire Department will provide an emergency vehicle.
M/S/P DeLapp/Johnston – to approve the permit request of Joe Kiesling, on behalf of the
Tri-Lakes Association, to hold a Water Ski show on Lake Jane, August 14, 2004, from 1-
4:30 p.m., based on the submittal of the appropriate information and on past favorable request. (Motion passed 4-0).
B. Resolution No. 2004-037: Approve Claims
M/S/P DeLapp/Johnston – to adopt Resolution No. 2004-037 approving claim numbers 200, 201, DD148 through DD153 15506 through 25518 that were used for staff payroll
dated April 29, 2004 and claim numbers 25519 through 25557 dated May 4, 2004 in the
total amount of $118,663.94. (Motion passed 4-0).
5. FINANCE: 6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. VFW Ball Field Lights
The staff mailed out invitations to the neighborhood around the VFW ball field to visit
the Bielenberg Sports Center in Woodbury, which has the same model of lights on its ball
field that Lake Elmo is contemplating installation at the VFW field. The letter noticed the
neighbors that this matter will be placed on the City Council agenda for May 4th.
Bob Schumacher, Parks Commission Chair, reported the Commission looked at cost
efficiency of the lights, weighed the facts, and recommended approval. Council member
DeLapp visited Bielenberg Sports Center in Woodbury and used a light meter to measure
the amount of light generated and was concerned that there would be lighter than the manufacturer estimated.
LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 3
Council member Johnston said he also visited the Woodbury Sports Center and made the
observation that it was too dark to drive through the parking lot and was amazed how
quickly the lighting fell off a short distance from the field. Council member Dunn said
she was concerned with the containment of the lights and wanted to make sure they were controlled to one area.
Council member DeLapp stated he will vote for approval because no one from the
neighborhood came forth with objections, and it will take sometime for the old village
plan to be completed. Mayor Hunt stated the residents had a chance to advise the Council of their concerns and no one came. He supported the ball field light proposal.
Council member DeLapp asked that a condition be added that MUSCO lighting test and
meet the foot candles shown on the drawings and have the lights turned off as soon as
they are no longer necessary on the field and replaced with lower level lights for people to leave the field and get to their vehicles.
Mr. Schumacher said that placing some exit lighting in the area would be an extra cost.
He said he would check if exit lighting is necessary.
M/S/P DeLapp/Dunn – to authorize City Staff to enter into a purchase agreement with MUSCO Lighting for installation of the poles for VFW Ball Field Lights Project as
detailed by the City Engineer’s letter of April 14, 2004, to accept the quote from Arcade
Electric for the electrical wiring and cabinet work, and including the alternative for
additional light spill control provided that the lights meet the performance specifications provided by MUSCO lighting before final payment is made, and to add alternate lighting for safe exit when lights are turned off and to acquire an easement from the Hagbergs for
a utility easement. (Motion passed 4-0.)
B. Update on Fire Dept. Activities: Chief Malmquist
Chief Malmquist and the Lake Elmo Fire Department were in attendance to demonstrate
the airpacks and masks bought with grants for each fire fighter and the new helmets
purchased with raffle proceeds. The Chief announced that each firefighter has taken and
passed the Firefighter II exam. Firefighters Durrow, Somner, Tremain have passed the hazardous waste materials class funded through Washington County.
Fire Fighter Bruce Cohen reported the Fire Department is forming a Fire Explorer Scout
Post. Post membership is open to youths who live, work, or attend school in Lake Elmo.
Those interested in learning more about the Fire Explorer Scout Program are invited to an open house from 7 p.m. to 9 p.m. on Sunday, May 16 at Lake Elmo Station One.
Chief Malmquist asked for Council approval to remove as probationary members and
place as Fire Fighters, Brian Hauser, Lee Olson, Dan Lavasseur, Steve Rutowski.
LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 4
M/S/P Dunn/Johnston – to take off probation and promote to Fire Fighter status: Brian
Hauser as Fire Fighter #77, Lee Olson as Fire Fighter #78, Dan Lavasseur as Firefighter
#79, and Steve Rutowski as Fire Fighter #80. (Motion passed 4-0).
8. CITY ENGINEER’S REPORT: A. Resolution No. 2004-038:Landscape Cul-de-Sacs:Invitation to residents
At the April 20th meeting, the Council awarded the contract for the 2004 Overlay Project
to the lowest bidder, Tower Asphalt for their base bid of $62,800. The Engineer advised the Council will have to make a decision if its wishes to include the landscape cul-de-sacs islands bid alternative. The Council directed staff to contact the property owners
involved; invite them to view the cul-de-sac landscaping plans; and solicit their options
as to whether that cul-de-sac project alternate should be undertaken by the City.
Tom Prew gave a brief presentation of examples of landscaped islands. Council member Johnston noted that it would be the homeowner’s responsibility for maintaining the
islands.
Jim Trevis, 4850 Jerome Avenue N., said he loves the look of the landscape cul-de-sacs, but was opposed to the idea because of potential problems with snow removal. People play ball in this area. They don’t have a homeowner’s association so it would be him and
his wife maintaining the plantings.
Joan Porcher, 4990 Jasper Avenue N., voiced her concern on the width of the street for not being wide enough for vehicles, such as a recycling truck, to get through. Also, children ride their bikes and play basketball in this area.
Monique Kolb, 9387 Jane Circle N., had a concern on the safety issue for children
playing and it would make it difficult for them to backup their boat. The landscaping would be difficult to maintain and there must be other things to spend the money on.
Paula Wood, 9389 Jane Circle N., said there are only two houses on the cul-de-sac and
the landscape island would obstruct the view. She said it would be up to her and her
neighbor to maintain the plantings, which did not interest them. She also had a concern on ease for snowplowing.
M/S/P Dunn/Johnston – that the Council will not adopt the draft resolution awarding the
cul-de-sac asphalt removal bid alternate for the 2004 Overlay Project based on the
objections of the property owners involved. (Motion passed 4-0). 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-038:Section 520 Site Plan, 11343 39th Street N.
George Middleton, Excel Partners (Retail Construction) has made application for a Section 520 Site Plan for a 4,000 square foot addition to the existing structure at 11343
39th Street N. The addition will be to the east side of the existing building and be of the
LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 5
same architecture and exterior materials as the existing structure. The Planning
Commission recommended that the proposal to construct on the north side of the site only
4 of the 20 off street parking spaces that the Zoning Ordinance requires for 4,000 square
feet of office use. The remaining 16 parking spaces are shown as “proof of parking” on the west side of eh site. The applicant was asked to move the secondary drain field location a few feet east to assure a full 20 foot setback to the structure addition, assuming
suitable soils.
M/S/P DeLapp/Johnston – to adopt Resolution No. 2004-038, approving the Section 520 Site Plan for an addition to the structure at 11343 39th Street North per plans staff dated
April 22, 2004, and subject to a condition that the secondary drain field be modified as to
location to be not less than 20 feet from the structure. (Motion passed 4-0.)
B. Resolution No. 2004-039: Conditional Use Permit Amendment/Site Plan Amendment – Country Sun Farms
Richard Berman, Country Sun Farm Greenhouses, at 11211 60th Street North, has made
application to amend its Conditional Use Permit to add green house structures of 1,920
square feet (each) to either end (east and west) of the existing retail structure. At its April 26 meeting, the Planning Commission recommended approval of this application. There was some objection to the east setback and with the nature of the use that may result fro
the structural expansion as proposed.
Council member DeLapp indicated the lighting is not shielded and the signage is 6’ feet and does not meet the code and asked that conditions be added for signage, lighting, berms for screening, parking be added to the Resolution.
Mayor Hunt said there were no objections from the neighbors, the business is of a
seasonal nature, and the new signal light at the intersection of CSAH17 and Hwy 16 will help.
Council member DeLapp responded that the neighbors have no effect in this. The
Bergmans are great people who have lived in the City and had their agricultural business
for a long time, but the Conditional Use Permit should stand on its own merits. M/S/P Dunn/Johnston – to adopt Resolution No. 2004-039, Approving an Amended
Conditional Use Permit and Site Plan for two additions to the retail sales building of
approximately 2,000 square feet each, per plans staff dated April 22, 2004, and based on
the Findings recommended by the Planning Commission. (Motion 4-0.)
C. OP Ordinance Setback Variance: Whistling Valley
When the City Council approved Whistling Valley (First Addition) in 2003, a 100 foot
buffer setback to the east was permitted since OP development of the land to the east was possible due to parcel size. Bald Eagle Development provided a landscape plan for his east property line as is require where a 100 foot buffer is substituted for a 200 foot buffer.
LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 6
The land to the east is being developed as a OP-Whistling Valley 2nd Addition which
features a sizeable outlot of Preserved Open Space abutting the eastern-most lots of
Whistling Valley (side yard of Lot 4, Block 5, and rear yards of Lot 1-3 Block 6,
Whistling Valley).
Bald Eagle Development has required a four-fifths OP variance to eliminate the 100 foot
east buffer of Whistling Valley since the approved design of Whistling Valley 2nd
Addition will result in no homes in proximity to those side/rear yards which will enable
additional flexibility as to house location on the 4 lots in Whistling Valley.
M/S/P DeLapp/Johnston – to adopt Resolution No. 2004-040, Approving an OP 4/5th
variance for Whistling Valley to eliminate the 100 foot buffer requirement on Lot 4,
Block 5; and Lots 1-3, Block 6. (Motion passed 4-0.)
10. CITY ATTORNEY’S REPORT:
Hill Trail Property
Council member Johnston explained a resident on Hill Trail, who received Council
approval for a variance to build a garage, has removed trees and vegetation. He noted the Building Official inspected the property on Sunday (5/2) and the silt fence was not
installed and still not installed as of this meeting. Johnston added that this resident told
council members that he would preserve the trees and vegetation. A submittal of a
landscape plan was not a condition of the variance approval because they took the
resident’s word. In order to prevent this situation from happening again, the Council said it would have to be very careful to add all conditions for approval. A landscape plan and
performance bond should be required.
Discussion on the process of variance performance will be added as an agenda item under
Planning, Land Use and Zoning for the May 18th Council agenda. Fence on Marquess
Attorney Filla reported he talked to Chad Simich who agreed to get a quote to bring the
segment on the street side into City compliance. Midwest Fence provided an estimate
which includes cost of replacing the existing 72” high fence section along the street (including the existing double drive gate) and full cost recovery for the 72” fence running
perpendicular from the street to the rear of the house which will be torn down. Mr.
Simich wanted to be assured that craftmanship and materials will be of consistent quality
and design standard with the rest of the fence.
Council member Johnston said this is a shared responsibility on both sides and would be
amenable to pay up to half the cost of the fence replacement. Chad Simich responded a
simple telephone call from the City would have prevented this situation. He said the
design change he made to the fence was made because of the input of the City and that
this input affected not only him, but was repeated to his neighbor and the Homeowner’s Association. He said the Building Official visited his property and had walked the fence
line.
LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 7
Mayor Hunt said he would be willing to cover the cost because the City should share in
the cost because of the confusion of the interpretation of the ordinance.
M/S/P Johnston/Dunn – to approve the replacement of the fence segment for Chad Simich, 12167Marquess Lane Cove N., per the quote from Midwest Fence, per quote received by Attorney Filla, not to exceed $2,280 with submittal of the paperwork to the
City. (Motion passed 4-0).
Council member DeLapp asked if Mr. Simich’s homeowner’s insurance would cover issues like this. Mr. Simich said at this point it is a voluntary action on his part, and he would not file a claim against his insurance. Mr. Simich added we have a current
interpretation of the solid fence so he was making the assumption he was done with the
fence issue and will not be before this council again. Attorney Filla said this is no doubt
the least expensive solution in this matter. 11. CITY ADMINISTRATOR’S REPORT: A. Countywide Assessment Services
The City has received letters to Washington County from 5 of the 9 local government
units that now contract locally for assessment services. All 5 local units have expressed opposition to the countywide assessment services concept proposed by the County. The
County is expecting the Council to take a position on this County concept.
Council member Dunn said she did not like the Countywide assessment services because
it reduced the level of services to our residents, not beneficial to the City, and it would end up costing the taxpayers more. The remainder of the Council agreed with Council
member Dunn’s reasons and was opposed to the countywide assessment services.
M/S/P Dunn/DeLapp - to direct the Acting City Administrator to write a letter, consistent
with examples of letters received and expressing Council member’s Dunn reasons that the position of Lake Elmo was not in favor of the concept of countywide assessment
services. (Motion passed 4-0.)
B. Resignation of Council Member:Resolution No. 2004-041
The Council received a letter of resignation from the Lake Elmo City Council from Chuck Siedow because he has purchased a home in Wisconsin and will be moving there
soon. A resolution of the City Council accepting Mr. Siedow’s resignation and declaring
the vacancy of the Council seat was provided for Council approval.
The Council discussed the options of either appointing a person to serve out the rest of Siedow’s term, which expires at the end of the year, leave the seat open, or hold a special
election. Council member Johnston suggested that they chose someone who wouldn’t be
running for City Council this November since it might give them an unfair advantage.
Former Council member Wyn John was a possibility. Other Council members disagreed
with that suggestion. They agreed that they wanted to appoint an experienced person or someone who was up to speed on city issues.
LAKE ELMO CITY COUNCIL MINUTES MAY 4, 2004 8
Council member DeLapp said they should choose someone who was in support of the
City’s Comprehensive Plan.
Mayor Hunt said anyone interested in the position can e-mail him. Council members will also submit names of possible candidates. These names will be brought to the May 18th
Council meeting when they will decide if they will hold interviews with each of the
candidates before appointing someone.
M/S/P Johnston/Dunn – to adopt Resolution No. 2004-041, Accepting the resignation of Charles Siedow and Lake Elmo City Council Member and declaring a vacancy for the
Council seat formerly held by Charles Siedow. (Motion passed 4-0).
Fence Moratorium
Attorney Filla provided a draft moratorium ordinance on fences which the Council will add to the May 18th Council agenda.
12. CITY COUNCIL REPORTS
Mayor Hunt reported he, Council members Johnston and Dunn attended the Fire
Department workshop and decided to wait until the City Administrator came on board. On Tuesday, May 11, he will attend the East Metro mayor’s Forum. He received, and
will not be able to attend, a regional policy conference on Wednesday, May 16, convened
by the Met Council, the University of MN and the McKnight Foundation. Deadline is
May 12. Peter Bell, Chair of the Met Council will be the moderator for many of the
conference items. The Council indicated that it definitely needed someone to attend and then would ask the Acting City Administrator to coordinate attendance.
Council member Dunn announced that City Pages, the On-Line News & Arts Weekly of
the Twin Cities, announced Lake Elmo Mayor Lee Hunt as the best mayor.
Council member Johnston reported that AMM has chosen a council member from Hugo
to serve on the Board of Directors.
The City of Afton will have a forum on June 3rd on development. Mayor Hunt will give
20 minutes of remarks on Open Space developments in harmony with the environment.
Council Adjourn meeting at 9:10 p.m.
--------------------------
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2004-037 Approve Claims
Resolution No. 2004-038 Section 520 Site Plan, Retail Construction
Resolution No. 2004-039 CUP/Site Plan Amendment-Country Sun Farms
Resolution No. 2004-040 Approve an OP 4/5ths variances for Whistling Valley
Resolution No. 2004-041 Accept resignation of Charles Siedow as City Council Member