HomeMy WebLinkAbout05-15-2004 CCMLAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 1
MINUTES APPROVED: June 1, 2004
LAKE ELMO CITY COUNCIL MINUTES
MAY 18, 2004 1. AGENDA
2. MINUTES: May 4, 2004
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Informational 4. CONSENT AGENDA: A. Resolution No. 2004-042: Approve Claims
B. Resignation of Planning Commission Member
C. Resolution No. 2004-044:Authorizing Signature for Payments of Funds
from the Lake Elmo Bank 5. FINANCE: A. Monthly Operations Report: Informational
6. NEW BUSINESS:
A. Single Sort Residential Recycling: Ordinance No. 97-127
7. MAINTENANCE/PARK/FIRE/BUILDING: A. Carriage Station Play Set B. Update on Building Dept. Activities: Building Official
8. CITY ENGINEER’S REPORT:
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2004-043:Drainfield Setback Variance:Gary Webster, 3604 Layton Avenue B. Zoning Ordinance Amendment: Accessory Structures
C. Consultant election Trail System Plan
D. Fence Moratorium
E. Variance Performance Process 10. CITY ATTORNEY’S REPORT: 11. CITY ADMINISTRATOR’S REPORT:
A. City Council Appointment- Mayor Hunt
B. Strategic Planning Session-Mayor Hunt
12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7 p.m. in the Council chambers.
PRESENT: Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building
Official Jim McNamara, Acting Finance Director Tom Bouthilet, City Planner Dillerud,
and Administrator Rafferty. ABSENT: Council member Dunn 1. AGENDA
M/S/P Johnston/DeLapp - to approve the May 18, 2004 City Council agenda, as
amended. (Motion passed 3-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 2
2. MINUTES: May 4, 2004
M/S/P Johnston/DeLapp - to approve the May 4, 2004 City Council minutes, as amended. (Motion passed 3-0).
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Informational
State Senator Brian LeClair introduced himself to the new city administrator and reported
the 2004 session has ended and there was not much to report. The Council thanked him
for his efforts on our bill.
Washington County Deputy Harrell introduced Deputy Angela Hansen, who is a new
deputy to the Lake Elmo contract.
Carol Banister, member of Friends of the Library, explained this organization is officially
a 501C3, where people can donate to the library fund. She said she was delighted to read the various articles about the Lake Elmo Library in the Lake Elmo Leader. Carol gave
credit to the young people, who came in to say what they want for a library. She asked
that the City place timely updates in the Lake Elmo Leader to keep the residents
informed. If they have to wait another year for a library location, she asked that the City
help them find someone to get a lease.
Mayor Hunt said staff continues to talk to landowners in the area about acquisitions and
will have something soon to report.
Wyn John, Friends of the Library, requested council approval for $170, plus insurance coverage, to permit an 8 x 8 booth for the Washington County Fair.
M/S/P Johnston/DeLapp – to approve the Friends of The Library request for placement of
a booth at the Washington County Fair at a cost not to exceed $300 for the booth and
insurance coverage. (Motion passed 3-0).
4. CONSENT AGENDA: A. Resolution No. 2004-042: Approve Claims
M/S/P Johnston/DeLapp - to adopt Resolution No. 2004-042, approving claim numbers 202, 203, DD154 through DD163 25558 through 25590 that were used for Fire/Staff,
payroll dated May 13, 2004, claim numbers 25591 through 25640 dated May 18, 2004 in
the total amount of $116,333.38 are hereby approved. (Motion passed 3-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 3
B. Resignation of Planning Commission Member
Planning Commissioner Julie Bunn resigned her commission on May 13, 2004. Ms. Bunn
became a Full Voting Member of the Planning Commission on June 3, 2002.
M/S/P Johnston/DeLapp - to accept the resignation of Planning Commissioner Julie Bunn
and to send a letter of appreciation for her contributions to the residents of the City of
Lake Elmo. (Motion passed 3-0).
The Planning Commission has eight Full Voting members and two alternates. First
Alternate Planning Commissioner Jim Van Pelt should be appointed as a full voting
member to finish the term of Julie Bunn that expires on December 31, 2006.
M/S/P Johnston/DeLapp - to appoint Jim VanPelt as a Full Voting Member of the Planning Commission to finish a term that expires on December 31, 2006. (Motion
passed 3-0).
Second Alternate Planning Commissioner Elizabeth Johnson should be appointed as First
Alternate.
M/S/P Johnston/DeLapp - to appoint Elizabeth Johnson as first alternate of the Planning
Commission. (Motion passed 3-0).
M/S/P DeLapp/Hunt - to appoint Charles Schneider as Second Alternate to the Lake Elmo Planning Commission. (Motion passed 2-1: Johnston said he voted against the
appointment because of the appointment procedure based on dates of application and did
not vote against the person. Council member DeLapp stated he voted for the applicant
solely on qualifications. Mayor Hunt said he consistently supported appointments based
on dates of application and likes the diversity.
Planner Dillerud said Commissioner Bunn will be missed because she was a good
commissioner.
C. Resolution No. 2004-044:Authorizing Signature for Payments of Funds from the Lake Elmo Bank
M/S/P Johnston/DeLapp - to adopt Resolution No. 2004-044, A Resolution Authorizing
Martin Rafferty Signatory for Payments of Funds from the Lake Elmo Bank. (Motion
passed 3-0). 5. FINANCE: A. Monthly Operations Report: Informational
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 4
6. NEW BUSINESS: A. Single Sort Residential Recycling
Gary Boyum, Waste Management, Inc., presented a program that his firm offers for
single sort residential recycling. Residents would simply put all their recyclable materials into a container similar to the one provided by Waste Management for regular refuse collection. Waste Management will do the separating at their Minneapolis
processing facility. This service will be offered to Lake Elmo customers only if the City
code is amended to allow bi-weekly pick up of recycling rather than the weekly pickup
requirement. Staff reported they favored the single sort process as it would likely encourage an increase in recycling activity for those that did not participate due to the time and trouble of sorting. A code amendment was provided for Council consideration.
M/S/P Johnston/Hunt - to approve the single sort residential recycling program provided
by Waste Management, Inc. (Motion passed 2-0-1Abstain: Council member DeLapp declared he had a financial interest in Waste Management.).
M/S/P Johnston/Hunt - to adopt Ordinance No. 97-128, Amending Section 800.02, Subd,
relates to Frequency of Collection. (Motion passed 3-0).
7. MAINTENANCE/PARK/FIRE/BUILDING: A. Carriage Station Play Set
At its April 19, 2004 meeting, the Parks Commission reviewed play set proposals for the
park at Carriage Station. Six plans from manufactures pre-approved by the Parks Supervisor were evaluated. The consensus of the Commission was to purchase a play set (B) from Landscape Structures, but they asked for the Park Supervisor to request a
modification. If the modification, the addition of the Thunder Climber, could not be
added, the recommendation was to purchase play set (A) for $13,751.00. The
Administrator supported the recommendation the Parks Commission and the Park’s Superintendent for the new play equipment at Carriage Station. The project as proposed meets budget expectation. The Parks staff will install the play set and the timetable will
be six weeks.
M/S/P DeLapp/Johnston - to approve the Park Commission recommendation to purchase the selected play equipment, Landscape Structures, from Earl F. Anderson for the Carriage Station Park in the amount of $13,751.00, plus tax, as recommended by the
Parks Commission and the project proposed meets budget expectation. (Motion passed
3-0).
Mike Bouthilet reported the Lake Elmo Regional Park wants a deer hunt this year and is requesting the City have a deer hunt in Sunfish Park. The deer hunt in the Regional Park
is open to a limited number of hunters from the state of Minnesota, but hunting in Sunfish
Park is limited to participation by the Council to Lake Elmo residents.
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 5
B. Update on Building Dept. Activities: Building Official
The Building Official reported there were new no residential building permits and two
new commercial building permits issues in the month of April, 2004. He said Prairie Ridge Office Park has started construction on their first office building. The Building
Official advised that a lawn sprinkler system requires an installation permit and can be
dangerous if not installed correctly so Gopher One should be called for locates.
8. CITY ENGINEER’S REPORT:NONE 9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2004-043:Drainfield Setback Variance:Gary Webster,
3604 Layton Avenue
The City Planner reported that at its May 10th meeting, the Planning Commission
conducted a public hearing and recommended denial of Gary Webster’s application, at
3604 Layton Avenue, to place a new septic drain field within 5 feet of a property line (10
feet required), and within 12 feet of a structure (20 feet required). Planner Dillerud reported the variance application is responsive to a 2003 amendment to Section 700 of
the City Code that establishes a variance procedure for septic standards that is identical to
the Zoning Ordinance variance procedure, including required Findings.
Dillerud noted that those Planning Commissioners opposed primarily observed that the denial will not preserve a backup drain field site. A garage could be constructed where
the new drainfield is proposed – thereby using up the secondary site – without a variance.
Mr. Webster said the 2-10 year plan for sewering the Old Village does not do him any
good. If there is a 30-year life span of a septic system, then why should there be a problem. The layout of the house would not allow for a garage to the north side.
Council members indicated it would be a bad precedent to move a functioning drain field
system.
M/S/P Johnston/DeLapp - to approve Resolution No. 2004-043, A Resolution denying
the septic setback variances at 3604 Layton Avenue based on Findings and the
recommendation of the Planning Commission. (Motion passed 3-0).
B. Zoning Ordinance Amendment: Accessory Structures
Planner Dillerud reported the Council referred the issue of existing accessory structure
exterior surfacing provisions of the Zoning Ordinance to the Planning Commission for a
public hearing and recommendation. A resident has voiced concern regarding provisions
of the Zoning Ordinance that precludes the option of red surfacing of an accessory structure since the principal structure (house) is light gray. The Code provides that all
accessory structures must be of color similar to the principal structure or earth tone.
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 6
At its May 10, 2004 meeting, the Planning Commission adopted a recommendation to not
amend the present Zoning Ordinance provisions regarding the exterior surfacing of
accessory structures. Council member Johnston had some concerns. While he was supportive of the residents’
efforts to create a barn-like building, he was not willing to invalidate that section of the
code.
Council member DeLapp said he was tired of seeing metal sheds from Menards that look like houses all over the city and applauded the resident’s efforts to construct something
true to Lake Elmo’s roots as a rural community. DeLapp said the city could amend the
ordinance to allow barn-like accessory structure based on the type of roof. For instance a
rounded, barn-like roof might be allowed to be painted red. Mayor Hunt said that DeLapp, who is an architect, may be able to differentiate between
different roofs, but there should be an easier way. The Mayor said the building screams
to be painted red, and we need to let then have the flexibility to have that happen.
Teri Most said they used barn wood, installed wooden doors and windows in the accessory building to make it appear very barn-like, and they had wanted to use red paint.
Mrs. Most presented a color palette and pointed out a brownish red color that they would
like to use.
Attorney Filla explained that there is a procedure for appealing administrative decisions and the City should try to follow that process.
Planner Dillerud agreed and suggested that the Council direct him and the building
official look at the color palette and determine themselves if the rusty red color is an earth tone. This way the Council would not have to take a vote or make a decision on it. The Council agreed by consensus.
C. Consultant Selection - Trail System Plan
Planner Dillerud reported that the Park Commission recommended the Short, Elliot,
Hendrickson firm as the contractor to prepare the City’s Trails System Plan update and
expansion. The SEH proposal includes a lump sum fee of $16,600 to complete the Plan
per the “Scope of Services” presented by their proposal of April 2, 2004. The 2004
Capital Improvements Program appropriated up to $20,000 for this task.
Council member DeLapp said he had spoken with County Park officials about access to
the Lake Elmo Regional Park. Those County officials suggested that access to the park
by City trails would be positively considered by the County – contrary to their historic
position – if the City prepares and presents a Trail System Plan to demonstrate appropriate and logical points of access.
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 7
M/S/P DeLapp/Johnston – to approve the firm Short, Elliot, Hendrickson to prepare the
City Trails System Plan per their proposal dated April 2, 2004, as recommended by the
Parks Commission. Further, that the Mayor and City Administrator are authorized and
directed to enter into a contract with SEH for Trails Plan preparation services. (Motion passed 3-0).
D. Fence Moratorium
Planner Dillerud reported at the May 10, 2004 workshop, the City Council discussed modifications to the existing fence regulations of the Zoning Ordinance. Dillerud provided a summary of what he believed to be general direction of the Council to staff
and the Planning Commission from the discussion notes, and the graphics placed on the
board during the Workshop. The Council concurred with the summary responses.
Don Gustafson, Tablyn Park resident, said he doesn’t like fences, but is surrounded by fences. He never worried about the property line and the homeowner saying you cannot
play there. He suggested the City require a survey if a fence is being built.
M/S/P Johnston/DeLapp – to direct the city planner to take the information contained in staff memo dated May 13, 2004 to the Planning Commission for a public hearing on a draft zoning ordinance amendment. (Motion passed 3-0).
The Council discussed adopting a Fence Moratorium for fence construction in the City
until the council can determine what it wants its new fence ordinance to state. M/S/P Johnston/DeLapp – to modify Ordinance No. 97-129, Item D. Add “except for
those fences required by the State Building Code for safety purposes.” (Motion passed 3-
0).
M/S/P Johnston/DeLapp – to adopt Ordinance No. 97-129, as modified, An Ordinance Adopting a Development Moratorium Relating to the Construction of Fences. (Motion
passed 3-0).
E. Variance Performance Process
Planner Dillerud reported State Statute (MSA 462.257, Subd. 1) provides “The governing
body…may impose conditions in granting of variances to insure compliance and to
protect adjacent properties”. He suggested that this means that the City can mandate
landscape improvements, prohibit existing landscape removal, and insure those mandates are accomplished by requiring financial security, as long as those conditions are
responsive to insuring compliance, and protecting adjacent properties. Dillerud added it
would be wise to review any proposed variance conditions against those criteria before
attaching them to an approval resolution.
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 8
Attorney Filla stated at the time of the application, the applicant can be required to submit
a landscape plan of the existing site and post construction plan. He said all conditions
should be listed in the resolution.
10. CITY ATTORNEY’S REPORT: 11. CITY ADMINISTRATOR’S REPORT:
A. City Council Appointment- Mayor Hunt
Mayor Hunt presented names after they submitted their own names for consideration for Council appointment. The candidate included John Bergstrom, Ann Smith, Bob Helwig,
Rod Sessing, Liz Johnston, Jeff Reed and Wyn John. Council member DeLapp added
Tom Armstrong and Jim VanPelt and proposed that the Council compare the candidates
at the June 1st meeting. He thought the person selected for the appointment supported the City’s comprehensive plan and its cluster development. Council member Johnston said he was new to the Council and it took him six months to get up to speed. He thought it was
important the Council chose a candidate with as much experience as possible.
M/No Second DeLapp/ - to consider Jeff Berg as the City Council appointment Mayor Hunt and Council member Johnston stated they were ready to make a decision on
the appointment.
M/S/P Johnston/Hunt – to appoint Wyn John to serve out the remainder of former Council Member Charles Siedow’s term, which expires on December 31, 2004? (Motion passed 3-0). Council member DeLapp said he voted for Wyn John, but he was not
pleased with the City’s method in selecting him. The City’s process is absurdly shallow.
B. Strategic Planning Session-Mayor Hunt
Mayor Hunt explained Mr. Rafferty is now on staff and suggested that he be requested to
pull together a strategic planning session to get Council ideas and goals and make a
determination if they want to invite a facilitator.
M/S/P Johnston/DeLapp – to direct the city administrator to set up a strategic planning
meeting with the Council and any staff members he deems necessary. (Motion passed 3-
0).
12. CITY COUNCIL REPORTS: Council member DeLapp asked for a 6-month follow up on the storm water utility.
Council member DeLapp asked if something could be done with the Lake Jane Landfill.
He said it’s not an eyesore unless you know what it stands for. The Council
acknowledges the request and suggested the Parks or CIC commission could review
possibilities.
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2004 9
Council member Johnston said he did not vote against Charles Schneider, but against the
procedure of appointment based on dates of applications.
OLD BUSINESS LIST was provided to the City Council. Council adjourned the meeting at 9:00 p.m.
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Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2004-042 Approve Claims Resolution No. 2004-043 Denial of Drain field Setback Variance for Gary Webster
Resolution No. 2004-044 Authorizing Martin Rafferty Signature for Payment of Funds
Ordinance No. 97-128 Amend Section 800.02, Single Sort Residential Recycling
Ordinance No. 97-129 Fence Moratorium