HomeMy WebLinkAbout07-06-2004 CCMLAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 1
MINUTES APPROVED: July 20, 2004 LAKE ELMO CITY COUNCIL MINUTES
JULY 6, 2004 1. AGENDA
2. MINUTES: June 15, 2004 Postponed
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries B. Huff’N Puff Liquor License
C. Vivian Perry, Washington County Library-Summer Reading Program
4. CONSENT AGENDA:
A. Resolution No. 2004-050: Approve Claims
B. Finance Specialist - POSTPONED C. Final Payment to Tower Asphalt: Street Overlay Project:Resolution No.
2004-051
D. Partial Payment to Schifsky:Hill Trail Reconstruction Project:Resolution
No. 2004-052
E. Liquidation of Equipment 5. FINANCE:
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Dept. Activities: Chief Malmquist: (Not In Attendance)
8. CITY ENGINEER’S REPORT: A. Effectiveness of Storm Water Drains on Hill Trail N.
9. PLANNING, LAND USE & ZONING:
A. Zoning Ordinance Amendment – Uses in Limited Business Zone (LB):
Ordinance 97-134 and 97-135
B. Comprehensive Plan Amendment & Rezoning – Olinger:Resolution No. 2004-053 and Ordinance 97-136
C. Zoning Variance – 8061 Hill Trail North/Abrahamson:Resoluiton No.
2004-054
D. OP Concept Plan – Deer Glen (Lakewood Church):Resolution No. 2004-
055 E. Front Yard Garage Waiver:William Deeb, 2333 Legion
Avenue:Resolution No. 2004-056
F. Front Yard Garage Waiver:Link Lavey, 8510 Hidden Bay
Trail:Resolution No. 2004-057
10. CITY ATTORNEY’S REPORT: 11. CITY ADMINISTRATOR’S REPORT:
A. Alternative City Hall Sites
B. Met Council Meeting
12. CITY COUNCIL REPORTS:
A. Mayor Hunt – Champion of Industry
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 2
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council Chambers.
PRESENT: John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney
Filla, Finance Director Tom Bouthilet, City Planner Dillerud, and City Administrator
Rafferty. 1. AGENDA ADD:8A. Storm Drain on Hill Trail, 11A. Authority to proceed with alternatives for
public facilities, DELETE: 4B. Finance Specialist
M/S/P John/Johnston – to approve the July 6, 2004 City Council agenda, as amended.
(Motion passed 5-0).
2. MINUTES: June 15, 2004 (Postpone until July 20, 2004)
3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES
Tom McCormick, 12276 Marquess Way N., (Carriage Station), asked for consideration
for a fence permit exception from the fence moratorium for himself and two neighbors. He borders 55th Street and looks across a commercial area.
M/S/P Dunn/John - to accept and pass on the request from Tom McCormick for an
exception from the fence moratorium for a fence permit to the Legislative Council
Committee meeting on July 14th for a possible recommendation. (Motion passed 5-0). Rod Reimanns stated he and Mr. Sobczaks have issues concerning the drainage easement
on the back of the lot and have a less intrusive remedy than is being proposed. He said
Tom Prew had recommended a retaining wall and there are five residents in favor of this
resolution and one against. Administrator Rafferty said this request would go to the Public Works Council Committee on Tuesday, 7 p.m. Council member DeLapp brought up his concern with loosing the Tamarack swamp.
Margaret Carlson, Environmental Commission Chair., was in attendance for Single Sort
Recycling. She said the ordinance amending the Solid Waste ordinance permitting bi-weekly single sort recycling pickup was made without input from the Environmental Commission. She said a 14-month study showed single sort recycling had less
participation than the two-stream. At the Council Committee meeting it was
recommended to rescind the motion subject to the review by the city attorney. A joint
workshop of the Council and Environmental Commission will be scheduled for July 21 to tour the single sort operation of Waste Management and waste haulers/ recyclers will be invited to participate in the discussion after the tour.
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 3
B. Huff ‘N Puff Liquor License
MAYOR HUNT PROCLAIMED AUGUST 12-15, 2004 AS HUFF’N PUFF DAYS.
M/S/P DeLapp/Dunn – to proclaim August 12-15, 2004 as Huff’N Puff Days, to approve an on-sale non-intoxicating malt liquor license for this annual festival and to waive the
fees for the liquor license and for all the ball field lights. (Motion passed 5-0).
C. Washington County Library – Summer Reading Program
Pat Conley, Washington County Library, indicated the Library is looking for sponsors for a 5-week summer reading program:The Communities & Libraries in Partnership:Make
Every Child a Reader project will provide materials and support needed to help keep
children develop their literacy skills during the summer months, Council member
DeLapp suggested contacting the Tubman Family Alliance. Council member John will bring this program up to the Friends of the Library at Friday’s (July 8) meeting.
4. CONSENT AGENDA:
A. Resolution No. 2004-050 Approve claims
M/S/P DeLapp/Johnston – to adopt Resolution No. 2004-050, approving claim numbers DD183 through DD191, 25783 through 25797 that were used for staff payroll dated June
24, 2004, claim numbers 25798 through 25855 dated July 6, 2004 in the total amount of
$184,489.96. (Motion passed 5-0).
B. Finance Specialist:- Postponed until the July 20, 2004 Council
Meeting
C. Final Payment to Tower Asphalt: Street Overlay Project
Resolution No. 2004-051
Tom Prew reported in his memo dated July 1, 2004 that the 2004 Overlay Project is
$6,300.00 over the bid price due to more patching than was estimated and for additional
catch basin reconstruction work. He recommended approval of Compensating Change
Order Number No. 1 in the amount of $6,279.55 and approval of Final Payment to Tower Asphalt in the amount of $69,079.55.
M/S/P DeLapp/Johnston – to adopt Resolution No. 2004-051, A Resolution Approving
Change Order No.1 in the amount of $6,300.00 and Final Payment of $69,079.55 to
Tower Asphalt for the 2004 Overlay Project, as recommended by the City Engineer in his memo dated July 1, 2004. (Motion passed 5-0).
D. Partial Payment to Schifsky: Hill Trail Reconstruction Project:
Resolution No. 2004-052
Tom Prew reported in his memo dated July 1, 2004 that T.A. Schifsky and Sons has
completed the wear course paving and turf establishment. Prew met with the contractor
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 4
on the remaining punch list items. He recommended approval of Partial Payment No. 3
to T.A. Schifsky and Sons in the amount of $62,278.41.
M/S/P Johnston/Dunn – A Resolution Approving Partial Payment No. 3 in the amount of $62,278.41 to T.A. Schifsky and Sons for the Hill Trail North and 50th Street N., Street
Reconstruction, as recommended by the City Engineer in his memo dated July 1, 2004.
(Motion passed 4-0-1: Council member DeLapp stepped out of the meeting for this vote.)
E. Liquidation of Equipment The Finance Director recommended the street sweeper, Grass Rig and the 1995 Ford
Crown Victoria be advertised for sale through the seal bid process with a minimum price.
5. FINANCE:
6. NEW BUSINESS:
7. MAINTENANCE/PARK/ZFIRE/BUILDING:
A. Update on Fire Dept.: Chief Malmquist – NOT IN
ATTENDANCE
8. CITY ENGINEER’S REPORT: A. Effectiveness of storm water drains on Hill Trail North:
Council member Johnston stated the three storm water drains are not taking water. Tom
Prew responded these water drains were not constructed correctly, and he would be
meeting the contractor on Wednesday, July 7th. 9. PLANNING, LAND USE & ZONING: A. Zoning Ordinance Amendment – Uses in Limited Business Zone
(LB):Ordinance 97-134 and 97-135
The City Planner reported a prospective Lake Elmo business has inquired regarding the ability to locate a Beauty Salon/Day Spa in the Limited Business zoning district. The
business owner was notified that neither the proposed use is defined by the City Code nor
listed as either permitted or Conditional in the LB zone.
On June 28, 2004, the Planning Commission recommended approval of the staff prepared drafts of amendments to the LB zoning district list of Allowable Uses to include Beauty
Salons as a Conditional use and Day Spas as an Accessory Use only to Beauty Salons.
The Commission recommended adding the definitions of “Beauty Salon” and “Day Spa”
to Section 150 of the City Code. Council member DeLapp encouraged the Council to hold off until the Old Village Plan
was completed because the Comp Plan has laid out the criteria for uses that should only
be located in the Old Village commercial area. Other council members said they were
willing to support the additional use since prospective businesses would still have to obtain a conditional use permit from the City before they could open in a Limited Business district.
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 5
M/S/P John/Johnston – to adopt Ordinance No. 97-134, An Ordinance adding “Beauty
Salon” as an allowed Conditional Use in the Limited Business Zone; and adding “Day
Spa” as an allowed Accessory Use in the Limited Business Zone, as recommended by the Planning Commission. (Motion passed 4-1: DeLapp couldn’t see that a beauty salon belongs in a residential area and didn’t think the City should be continually adding more
uses to LB.)
M/S/P John/Johnston - Ordinance No. 97-135, An Ordinance amending Section 150 of the City Code (Definitions) to include a definition for “Beauty Salon” and a definition for “Day Spa”, as recommended by the Planning Commission. (Motion passed 5-0).
Council member DeLapp questioned why motorcycle sales were included as an
acceptable business in a Limited Business area. Planner Dillerud responded this item was added because it apparently already existed at some point when the LB district uses were initially adopted.
B. Comprehensive Plan Amendment & Rezoning – Olinger:
Resolution No. 2004-053 and Ordinance 97-136 The City Planner reported that the Planning Commission recommended to amend the
Comprehensive Plan Land Use Map from RAD to SRD; and, to rezone from RR to R-1 a
4.5 acre portion of a 14.5 acre site that is proposed by Jean and Dan Olinger for those
Plan and Zoning Map actions in total. He stated that the majority of the Commission
determined that the 10 acre remainder of the applicant’s site should continue to be classified as RAD and zoned as RR. The Planner noted that there was an application
years ago for platting of this area into multiple R1 lots. The history was unclear as to
why this parcel is guided and was zoned RAD.
Tim Freeman, Land Surveyor and Land Planer with FFE, stated Jean and Dan Olinger wanted to keep this parcel open and accommodate the Olinger’s short term plan to
accommodate a parcel for their daughter to build a house. Freeman noted that the
applicant did agree with what the Planning Commission recommended. Council
member Dunn voiced concern with the close proximity of the landfill. Council member
DeLapp asked for consideration of rezoning to OP. Dillerud responded he didn’t sense the applicant wanted to do this.
M/S/P Johnston/John - to table until Mayor Hunt returns. Lee Hunt left the meeting at
8:27 p.m. (This agenda item requires 4 votes to pass.) (Motion passed 4-0).
M/S/P Johnston/John – to take off the table the agenda item for discussion now that
Mayor Hunt had returned. (Motion passed 5-0).
M/S/P Johnston/John - to adopt Resolution No. 2004-053, A Resolution amending the
Comprehensive Plan to reclassify a portion of the Jean and Dan Olinger property in Section 10 from RAD to SRD based on the recommendation of the Planning Commission
(Motion passed 4-1: DeLapp)
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 6
M/S/P John/Johnston - to adopt Ordinance No. 97-136, an ordinance rezoning a portion
of the Olinger property in Section 10 from RR to R-1 based on the recommendation of
the Planning Commission. (Motion passed 4-1: DeLapp’s recommendation is to go with
OP along the lake and have open space in the back which would be more compatible.) C. Zoning Variance – 8061 Hill Trail North/
Abrahamson:Resolution No. 2004-054
The City Planner reported that the Planning Commission recommended approval of a
zoning variance at 8061 Hill Trail N. to allow an existing Tool Shed of approximately 210 square feet to be retained. The Zoning Ordinance provides that Tool Sheds may not exceed 160 square feet of building area. Structures in excess of 160 square feet are
considered Accessory Structures. Only a single accessory structure is permitted in the
R-1 zoning district. The screen porch now under construction on this property would
become a second accessory structure if the existing 210 square feet structure remains on site without a variance from the 160 square foot maximum “Tool Shed” area requirement.
M/S/P Johnston/Dunn - to approve Resolution No. 2004-054, A Resolution approving a
variance from Section 300.13 Subd 3.A.1. of the City Code for Carl Abrahamson, 8061
Hill Trail to permit a “Tool Shed” of 210 square feet where the Zoning Ordinance specifies a 160 square foot maximum area for tool sheds, based on the recommendation of the Planning Commission. (Motion passed 5-0).
D. OP Concept Plan- Deer Glen (Lakewood Church):Resolution
No. 2004-055 The City Planner reported the Planning Commission held a public hearing on June 14
regarding this application to develop a 48 acre site (a portion of the applicants’ 108 acre
site) as an OP development of 18 single family detached lots and 25 acres of Preserved
Open Space. The property is located at the southwest corner of Highway 36 and Keats
Avenue.
Council member Dunn noted the City is very sensitive about the water that goes into
Goetschel pond. Dillerud said the City relies on both the City Engineer and the Valley
Branch Watershed District to be our advisories regarding flood plain. John Hanson
(VBWD) had stated a concern about flood plain mitigation that would be required by the Concept, but had recently conceded that the applicant’s mitigation would likely meet
District Policy. That determination would be subject to actual grading plans and a Valley
Branch Permit.
Council member Johnston said that the Concept Plan is not consistent with the Lake Elmo Comprehensive Plan or the Open Space Preservation Ordinance due to the proposal
to significantly alter the natural grades of the site to overcome natural drainage features to
create home sites.
M/S/P DeLapp/John - to adopt Resolution No. 2004-055, A Resolution Denying the Open Space Concept plan, dated June 23, 2004, for Deer Glen (Lakewood Evangelical
Free Church), as presented based on the following findings:
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 7
1. The Concept Plan is inconsistent with the Lake Elmo Comprehensive Plan
Environmental Protection policies regarding residential developments conforming
to the limitations presented by natural features, including natural drainage systems, by proposing significant modifications of natural grades and existing flood plain on the site.
2. The Concept Plan is inconsistent with the purpose of the Lake Elmo Open Space
Preservation Ordinance by proposing to significantly alter the natural drainage features of the site.
(Motion passed 4-0: Mayor Hunt was absent for the vote.)
Grant Nelson, representative of the Lakewood Church, explained he had extensive discussion with the staff, who tried their best to put together a plan that responded to the city’s open space values. He said he was a bit baffled that the Plan was not in
compliance. Nelson stated it was their desire to keep the north 40 acres of the church’s
108 acre site open as it is their front yard.
E. Front Yard Garage Waiver:William Deeb, 2333 Legion
Avenue:Resolution No. 2004-056
The Planner reported that William Deeb, 2333 Legion Avenue North, has requested
approval to place a 26 foot by 34 foot detached garage structure nearer the front property line than the principal structure, in accordance with sketch plan staff dated July 1, 2004. The proposed garage would be situated above Legion Lane and somewhat screened from
the street by existing tees. The property is located on Downs Lake, but the Planner
reported that it does not appear that the proposed garage would be visible from Downs
Lake. Staff recommended approval of this waiver due to the lake front location of this property and the substantial set back of the proposed garage from the front property line.
M/S/P Johnston/DeLapp- to adopt Resolution No. 2004-056, A Resolution approving the
location of a 26 foot by 34 foot detached garage structure nearer the front property line
than the principal structure for William Deeb at 2333 Legion Lane, per sketch plan staff dated July 1, 2004. (Motion passed 5-0).
F. Front Yard Garage Waiver:Link Lavey, 8510 Hidden Bay Trail,
Resolution No. 2004-057
The Planner reported Link Lavey, 8510 Hidden Bay Trail, has applied for a waiver by Resolution to locate a 31 foot by 32 foot garage structure nearer the front lot line than the
principal structure (house) on the lot. The garage would be located 10 feet from the north
property line (side) and must be 30 feet from the front property line (right-of-way line of
Hidden Bay Trail). He reported that the proposed garage would be situated such that existing trees would screen it from Hidden Bay Trail and Lake Demontreville.
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 8
Due to the lake front location of this property and the substantial mature tree coverage
between the proposed structure location on Hidden Bay Trail, staff recommended
adoption of the Resolution to approve the garage location. The City Planner noted since
the applicant’s sketch appears to identify the proposed location to be 30 feet from the approved surface of Hidden Bay Trail rather than the right-of-way property line. He recommended a condition of approval that specifies that the front property line be located
in the field, and the structure be no less than 30 feet from that line. The Planner stated
that based on aerial photos, it appeared that the street surface of Hidden Bay Trail was
skewed to the north edge of the right of way, so the garage location should not change more than a few feet from that depicted by the sketch to meet the proper 30 foot set back.
M/S/P Johnston/DeLapp - to adopt Resolution No. 2004-057, A Resolution Approving
the location of a 31 foot by 32 foot detached garage structure nearer the front property
line than the principal structure for Link Lavey at 8510 Hidden Bay Trail, per sketch plan staff dated July 1, 2004, subject to the following conditions.
1. The property line and right-of-way line for Hidden Bay Trail must be located and
staked. A building permit shall not be issued until the Building Official verifies
that the garage will be located 30 feet from the front property line as identified. 2. No trees or vegetation shall be removed within the 30 foot street set back area to Hidden Bay Trail.
3. Prior to issuance of a building permit for the garage structure, the property owner
shall submit a scaled drawing depicting the exact location of the proposed garage
structure in relation to the Hidden Bay Trail right-of-way line and any other structures on the site. The drawing shall also provide the location, approximate size and types of foliage and trees existing within 30 feet of the proposed garage
structure, together with an indication of which trees and foliage will be removed
during garage construction. (Motion passed 5-0)
9. CITY ATTORNEY’S REPORT:
10. CITY ADMINISTRATOR’S REPORT
A. Alternative City Hall Sites
Administrator Rafferty reported negotiations will continue with the owners of the
Brookfield II building, but asked the Council to give him the permission to authorize
professional services to pursue two other potential options.
M/S/P DeLapp/Dunn – to direct the City Administrator to continue developing the proposal for alternative sites for new facilities. (Motion passed 5-0.)
B. Met Council Meeting
Administrator Rafferty reported he, Planner Dillerud, Council member John met with Regional Administrator Tom Weaver, Metro Council Chair Peter Bell and METC
Environmental Services Director Bill Moore to review the background of the Lake
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 9
Elmo/Met Council Comprehensive Plan issue; and, to determine if the Met Council had
actually proposed any other potential settlement – as had been reported to the City by
third parties.
Administrator Rafferty reported that the majority of the meeting involved reviewing the June, 2003 proposal for settlement that had been suggested by Chair Bell, and thereafter
found to be unacceptable to the City Council. He also noted that Council Member John
then briefed Bell and Weaver as to the history of the Regional Sewer discussions during
the late 1990’s. He then reported that Council Member John advised the METC representatives that he
distinctly recalled the lake Elmo Council telling METC representatives at a meeting in
the Lake Elmo City Hall that the City would only consider a small WONE interceptor
capacity increase to support Business Park service as far west as Keats Avenue. The Met Council engineers had said that such a capacity increase could be accomplished by a short stretch of parallel piping at a cost of around $400,000. John continued that the $10
million dollar Lake Elmo Interceptor was never discussed with the City before appearing
in the Met Council amended Sewer Plans in 2000.
Administrator Rafferty summarized the Met Council position regarding Lake Elmo’s Comprehensive Plan as unchanged, with no new Met Council proposals “on the table”,
and no compromise proposal so far forthcoming from Lake Elmo.
The City Planner then reminded the Council of his June 18, 2003 Memo to them which quantitatively described the “Bell Proposal” as less of a departure from the adopted Lake Elmo Plan, but which would still result in double the housing units and population in the
City by 2003 than the Lake Elmo Plans specifies – most of which would be located in the
area of the City between 10th Street and I-94.
11. CITY COUNCIL REPORTS: A. Mayor Hunt – Champion of Industry
Mayor Hunt reported the City could use its annual donation from the Lake Elmo Jaycees
to help defray the costs, and he has been talking with local businesses to see if they would be willing to help cover some of the costs. About 45 percent of the costs are covered.
Mayor Hunt and Council Member John indicated they wanted to talk about the City’s
good planning and thought this was a tremendous way to have the City come together.
Council member Johnston stated that people like Lake Elmo being a well kept secret and it was a terrible waste of money. He questioned the validity and usefulness of the award
that was given to cities that paid the $28,000 fee.
M/S/F Hunt/DeLapp – to proceed ahead with accepting the Champions of Industry 300
award for “best small town” from Pat Summerall Productions. (Motion failed:Dunn:The remaining funding was too high for the City, Johnston:He could come up with a dozen
LAKE ELMO CITY COUNCIL MINUTES JULY 6, 2004 10
projects that would be better use of the City’s money, DeLapp:His heart said yes, but his
pocketbook said no.)
Council member DeLapp asked staff to deal with the Buberl CUP because of the numerous violations. He said the County and Planners haven’t given up on this. DeLapp noted there was a monster garage, painted yellow and did not match the color of the
house, which was built in his neighborhood that could fit two truck tractors.
Council adjourned the meeting at 9:50 p.m. ---------- Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2004-050 Approve Claims
Resolution No. 2004-051 Final Payment to Tower Asphalt for Street Overlay Project Resolution No. 2004-52 Partial Payment to Schifsky & Sons for Hill Trail Reconstruction Resolution No. 2004-053 Comprehensive Plan Amendment for Dan & Jean Olinger
Resolution No. 2004-054 Zoning Variance for 8061 Hill Trail N. Abrahamson
Resolution No. 2004-055 Deny OP Concept Plan Deer Glen (Lakewood Church)
Resolution No. 2004-056 Front yard Garage Waiver, William Deeb, 2333 Legion Ave. Resolution No. 2004-057 Front yard Garage Waiver, Link Lavey, 810 Hidden Bay Trail
Ordinance No. 97-134 & Ordinance 97-135 Zoning Ordinance Amendment – Uses in
Limited Business Zone for Beauty Salons and Day Spas
Ordinance No. 97-136 Rezoning for Dan and Jean Olinger