Loading...
HomeMy WebLinkAbout06-15-2004 CCMLAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 1 LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 1. AGENDA 2. MINUTES: June 1, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Informational 4. CONSENT AGENDA: A. Parks and Planning Commission Appointments B. Resolution No. 2004-048: Approve Claims 5. FINANCE: A. Monthly Operations Report: Informational B. Reimbursement Resolution 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dept. Activities:Building Official 8. CITY ENGINEER’S REPORT: A. Release of Gorman’s Restaurant 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-046:Zoning Setback Variances, 8017 50th Street N. (Isaacson) B. Public Hearing: Vacation of unimproved portion of Highlands Trail: Resolution No. 2004-049 C. Rezoning – MFC Properties:Ordinance No. 97-132 D. Fence Moratorium Amendment:Ordinance No. 97-133 10. CITY ATTORNEY’S REPORT: 11. CITY ADMINISTRATOR’S REPORT: A. Council Committee Reorganization B. Highway 5 and 31st Street Traffic Issue 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7 p.m. in the Council chambers. PRESENT: John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official McNamara, Finance Director Tom Bouthilet, Planner Dillerud and Administrator Rafferty. 1. AGENDA Finance:Delete, City Tax Forfeit Lands, Update on 37th Street property, M/S/P Johnston/Dunn -to approve the June 15, 2004 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: June 1, 2004 LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 2 M/S/P Johnston/John - to approve the June 1, 2004 City Council minutes, as amended. (Motion passed 5-0). 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Informational Carl Abrahamson, explained his screened porch project was red tagged by the building official even though he had a building permit fro the city. Mr. Abrahamson is constructing a screen porch over 160 square feet and he already had another structure over 160 square feet. The City’s regulations allow for Administrator Rafferty had hope that Mr. Abrahamson would agree to reduce the size of the original structure, which is a detached garage and then the screened porch would be his only structure over 160 square feet. Mr. Abrahamson declined and opted to proceed through the variance process. Mr. Abrahamson contented since the City approved his building permit, and then the city may have some liability and would forgive the variance application fee of $625. The City Council waived the ^25 variance application fee, but cautioned Mr. Abrahamson that there is no guarantee the variance will be approved. Council member Johnston stated he thought the City should share some of the responsibility, but thought it was overstated. Administrator Rafferty stated that when he and Planner Dillerud met with Mr. Abrahamson, he never offered a promise that a variance allowing him to have two structures over 160 square feet each would be approved. e received a go thru variance procedure, city has some liability in this, try to faciliat4e bring his forward the variance process so he could continue thru the process, has the bldg permit, half way thru, now red tag it, ask to forgive the variance application form, screen house finished off because of the bug problems. 160 sq ft as being built and there was another detached bldg on the site. Red tagged it; Abrahamson was somehow misled in the process. It’s in excess M/S/P Dunn/DeLapp to waive the $625 variance fee and accelerate the variance public hearing for June 28th. (Motion passed 5-0.) Marty - agreement that some point in time that the structure be reduced in the future because it does not have a concrete slab, this was his recommendation, he has no problem with this waiving. DEAN overly stated shared the responsibility, Marty and chuck gave him no guarantees that this variances would be approved, Hunt grounds for hardship cannot be an economic hardship. Frank Orsello, President of Oakdale Le Historical Society, summarized the history of the District 12 one room school. Mayor Hunt presented him with a $1000 check. A teacher 105 years old was there at the open house. LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 3 4. CONSENT AGENDA: A. Parks and Planning Commission Appointments DeLapp/Johnston Motion passed 5-0. Parks Commission The City has received a resignation letter from Mike Tate, who has served on the Parks Commission since September 5, 2000. M/S/P to accept the resignation of Mike Tate from the Parks Commission and to direct the administrator or send a letter of gratitude for this service to the City. (Motion passed 5-0). There are two vacancies on the Park Commission. These vacancies are advertised in the newsletter and the website. Planning Commission Commissioner Thomas Meldahl has a temporary scheduling conflict this summer between his work and Planning Commission meetings. He has expressed a desire to remain on the Commission and requested to be appointed as First Alternate Member of the Commission. M/S/P to accept the request of Thomas Meldahl to be removed as a Full Voting Member of the Planning Commission and be given the appointment of First Alternate Member of the Planning Commission. (Motion passed 5-0). Elizabeth Johnson currently serves as the First Alternate Member on the Planning Commission. Since the previous action was taken, Commissioner Johnson should be made Full Voting Member of the Planning Commission to finish the term of Thomas Meldahl which expires on December 31, 2005. M/S/P to appoint Elizabeth Johnson as a Full Voting Member of the Planning Commission to finish the term of Thomas Meldahl which expires on December 31, 2005. (Motion passed 5-0). B. Resolution No. 2004-048: Approve Claims M/S/P to adopt Resolution No. 2004-048, approving claim numbers 206, 207, DD172 through DD182, 25694 through 25732 that were used for Council/Fire/Staff payroll dated June 10, 2004, Claim Numbers 25733 through 25782 dated June 15, 2004 in the total amount of $236,004.18. (Motion passed 5-0). 5. FINANCE: A. Monthly Operations Report: Informational Johnston – total cost of met council litigation and have we been build for the supreme court appearance, attorney fees 58,141 for 2004 total 303,110 and does not include the most recent appearance. B. Reimbursement Resolution LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 4 Removed 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dept. Activities: Building Official The Building Official reported there were three new residential building permits and no new Commercial building permits for the month of May, 2004. Rust fall apart, what are they using. Stainless steel fasteners Trim trees, seal driveways, warn residents these people are licensed by the city and are permitted for dw. Tip off if the deal is great, it probably is too good to be true. 8. CITY ENGINEER’S REPORT: A. Release of Gorman’s Restaurant By his letter of May 26, 2004, Ed Gorman, Gorman’s Restaurant, has requested release of the development and landscape security required by the Section 520 Site Plan approval for he restaurant remodeling and expansion. The City Engineer recommends release based on turf establishment; and, the Public Works Superintendent has advised that the landscaping has survived two growing seasons. M/S/P delapp/dunn - to release the $5,000 letter of landscape security by Liberty State Bank on the Gorman’s Section 520 Site plan, as recommended by the City Engineer and City Public Works Director. (Motion passed 5-0). Update ON 50TH SGTREET PROBEJECT. Grass seed …..vbwd commente4d make a larger wier skimming structure between the and lake, cost estimate of 1000. DeLapp asked if this wier can catch the cups and garbage, sediment, tom said it will be caught in the catch basin and the city will clean it out. Shouldn’t we being doing that on the top of the hill. To approve the skimmer up to 1,0000 M/S/P delapp/dunn. There was not a skimming structure designed for this and vbwd recommended approval. Motion passed 5-0. Vegetation would cost 1000 and asked the city if they are inte3rested. Get an update for the Fall and then decide if needed. Calls on 50th street pond, authorize study and passed out a memo. Hunt – wih all the rain how are the dirt roads holding up? Dust complaints per marty 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-046:Zoning Setback Variances, 8017 50th Street N. (Isaacson) LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 5 DeLapp/John - to remove off the table for discussion. Moiton passed 5-0. At the June 1st meeting, the Council tabled this application for a side and front setback variances to accommodate construction of a 2-car garage with direction to staff to advise the Council regarding secondary septic drain field locations on the site. The Planner explained the issue appears to be whether construction of the garage in the location proposed would “use up” a potential site for replacement drain field should the stem installed in 1997 fall in the future. This was an issue with an earlier variance denial. The Building Official advised that the proposed site of the new garage has been historically used as the driveway access/vehicle parking area for this and the previous residence on this lot. Planner indicated that it is highly improbable that the proposed garage location could qualify as a future drain field site due to the compacted soils that have resulted from years of vehicle use. The Building Official advised that the 1997 drain field extends across that portion of the front yard that was not used as driveway; and, that no secondary drain field site has been previously identified on the site. Approximately 165 feet of lot depth remains between the house and the Olson Lake OHW. That area could be a probable candidate for a secondary drain field while still maintaining a 75 foot setback to the Olson Lake OHW. The 50th Street North surface is nearly 100 feet from the front of the house. There remains additional room for drain field replacement adjacent to the existing 197 drain field. Johnston we had denial of drain field site. If we deny this we are placing strict regulations DeLapp evaluate every new project as rules apply. There are 50’ that could be vacated and added to the property. John if this alternate site fails, will there be a constructed wetland area. Dillerud said that is an option and there are other systems that require less area. Hunt it has clearly shown that there are other drain field location, not deprived a site of….. M/S/P Johnston/DeLapp - to adopt Resolution No. 2004-046, A Resolution Approving a Variance for William Isaacson, located at 8017 50th Street N., to construct an attached two stall garage. (Motion passed 5-0). B. Public Hearing: Vacation of Unimproved Portion of Highlands Trail North: Resolution No. 2004-049: PUBLIC HEARING: opened the ph at 7:47 p.m There was no one to speak against the vacation. Closed at 7:48. Dunn asked if this is large enough. Dillerud said he did at first think of 10 feet for a trail system. LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 6 Johnston – there are no other consequences are there. No. they are not creating a buildable lot. Filla – You do not own fee title, full title going back legals refer to the cross hatched area desorbed Added on Now therefore… As illustrate as exhibit A attached, Lonnie and Denise Proeschel, 5420 Hilltop Avenue North, and Mike and Liz Eggert, 5350 Hilltop Avenue North, have petitioned the City for vacation of the portion of Highlands Trail between their properties (a total of approximately 27, 000 square feet.) This proposed street could not be logically extended due to the platting/street arrangement in adjoining Oakdale. Since the intersecting north/south street are also a gas line route, no vacation is proposed there. The City Engineer recommends that the vacation be approved; subject to the adjoining property owners (equal recipients of the vacated property between their existing lots) each providing the City with 5 foot drainage, utility, and public trail easement along the former centerline of the vacated street right-of-way. M/S/P Dunn/John - to adopt Resolution No. 2004-049, as amended, A Resolution vacating a portion of Highlands Trail North subject to easements. (Motion passed 5-0). C. Rezoning – MFC Properties:Ordinance No. 97-132 Bruce Miller, MFC Properties, has inquired as to the disposition of the 2002 proposal by the City to rezone a 6.9 acre parcel owned by MFC at Keats/Hudson Blvd. to bring the zoning into compliance with the Land use Plan (Limited Business). Mr. Miller noted that both the real estate taxation and the Surface Water Utility fees on that site reflect commercial zoning, but that the actual rezoning of the site was never completed. On February 19, 2002, the Council postponed action on this rezoning that has been recommended for approval by the Planning Commission to permit the completion by the Commission of amendments to the Permitted/Conditional use standards of the LB zone. The Council adopted the amendments recommended by the Planning Commission September 16, 2003. The reconsideration of Mr. Miller’s rezoning was never brought for Council action thereafter. M/S/P DeLapp/John - to adopt Ordinance No. 97-132 Approving rezoning fro RR (Rural Residential) to LB (Limited Business) for MFC Properties based on conformity with the Comprehensive Plan. (Motion passed 5-0). Bruce Miller would like to start the process of the other parcel. D. Fence Moratorium Amendment: Ordinance No. 97-133 The prospective purchaser, Chris Addington, of the residence at 975 Jewel Avenue North has requested an amendment to the Fence Moratorium that would permit the City to issue LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 7 a permit for a fence at that location based on extenuating medical circumstances. The fence proposed is a 5 or 6 foot chain link, black in color. The City Planner indicated based on that description, it appears that the fence would comply with the new fence standards that the Council has prescribed, and which will be considered by the Planning Commission at Hearting later in June. The Council received a draft Ordinance amending Ordinance No. 97-129 to specifi8cally remove the property at 975 Jewel Avenue from the Fence Moratorium, but only with respect to a fence permit that would be issued to Ms. Addington as owner of the property and for a fence as described in Ms. Addington’s letter dated June 4, 2004. M/S/P delapp/dunn - to adopt Ordinance No. 97-133 Amending Ordinance No. 97-129 regarding 975 Jewel Avenue North. (Motion passed 5-0). City purchase of tax forfeits lands. Johnston/dunn to pursue purchase of aforementioned parcel. Motion passed 5-0. 10. CITY ATTORNEY’S REPORT: 37th street order of the court to verify, one is a resident and one is not, serve as a notice will publish, will get a judge to proceed, first priority on the property. Simich fence agreement to complete that item may 19th, have not heard from him and Filla and Marty has tried to contact him. Do not have a legally bonding contract if it is oral. 11. CITY ADMINISTRATOR’S REPORT: A. Council Committee Reorganization Recommendation: PW can be a time intensive, Johnston chair the finance committee, John public health and safety Wyn is Chair, Dunn will participate, Johnston would like to work with the CIC PW: Chair Steve, Dunn Responsibility is clearly defined. John/Dunn Motion passed 5-0. Set dates as proposing. Communicate to adhoc committees to work on assignments. B. Highway 5 and 31st Street Traffic Issue 12. CITY COUNCIL REPORTS: Hunt – contacted by assoc producer by summerhall 300 group. Intend to have only 25 small communities to live in. Perform a community profile on cnn news. Would also be Forbes magazine. Interested in the Op developments. Get our message out nationally explaining the unique characteristic we are trying to build. LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 8 Provide a point person to work with the video. Ask for $28000. He contacted business, United properties if they would be interested DeLapp did check out the website to see what they have done; the involvement is important, but we should get the message out of the comp plan. Timeline of two weeks before we have full approval. www.indusreview. John, Dunn, Johnston said they would be interested and even more so if they had the last 20000. DeLapp take out of defense fund. Money is a concern Send to business community a letter per Hunt will work wit h Mart Regional meetings LMC handed out. Give Marty a list who will attend. August 5th. AMM Community awareness message for highway 36 plan that will meet the business needs in OPH and Stillwater area. Show and tell meetings on the bridge. DeLapp – why we can’t compromise with the met council. Extensive info in the newsletter or public informational meetings. Get the message out. Article on Demise of Corcoran and Medina in the tribune. Sean and Youngdahl having an open house meeting for the Morris property. Marty said he would go to the met council to talk about what you have plan for the city. John suggested this item. Dillerud - Lee and I met with the met council and they were told exactly what they had planned. This could be added as an agenda item to the next meeting. Dunn has something in the newsletter that wills bullet things out…after Rafferty has met. ST bridge at Hudson and one at the. She talked to Rick Arnebeck on 15 and 5 have a green arrow so there is not such a backup. See what changes they are proposing. Charles Dennis gave tem a letter on comments against the fence ordinance. John Dresler, chamber contact re video Crossings on highway 5 to discuss with Rick Arnebeck. 80000 additional people in this area went to the meeting where Peter Bell spoke, was cty got ranked…6 or 8 now in the country but we were number 1. Thanked staff for getting the flags out. MnDOT – highwy 36 plan. Business needed to relocate, 32 businesses lost or need to be relocated. Johnston review the metro communities sign u p process. Asked for a roll call vote, AMM local govt are responsible for zoning…period. We have zoning authority in the confies dictated by the met council. Totally misled by the interpretation. Cities that benefit have people in mass on these committees . applications need to be in by July 1st. each city is eligible to have 2 voting members. Encouraged LE to have as many reps on these committees as possible. Maybe council committees can set up a plan to get this out. LAKE ELMO CITY COUNCIL MINUTES JUNE 15, 2004 9 Marty contact AMM if PZ members can apply to sit on one of these committees and if so let them know. Adjourn 8:55 pm