HomeMy WebLinkAbout03-06-07 CCMLake Elmo City Council
Tuesday,
March 6, 2007
Please read: Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council" form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
6:00-8:00 p.m. Workshop
PRESENTATION OF THE FINAL DRAFT OF THE VILLAGE MASTER PLAN
BY THE VILLAGE PLANNING TEAM
Regular City Council Meeting Convenes 8:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
February 20, 2007
3. PUBLIC INQUIRIESANFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to bring the
Council's attention any items not currently on the agenda. In addressing the
A. PUBLIC INFORMATIONAL:
Council, please state your name and address for the record, and a brief summary
of the specific item being addressed to the Council. To allow adequate time for
B. Public Inquiries
each person wishing to address the Council, we ask that individuals limit their
comments to three (3) minutes, Written documents may be distributed to the
Council prior to the meeting or as bench copies, to allow a more timely
presentation,
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to be routine by
the City Council and will be enacted by one motion under a Consent Calendar
A. Resolution No. 2007-019:Approving
format. There will be no separate discussion of these items unless a Council
member so requests, in which event, the item will be removed from the general
Claims
order of business mid considered separately in its normal sequence on the
B. Village Trunk Sanitary Sewer—
agenda.
Authorization For Preliminary Design
Professional Services
C. Payment to CB&I Constructors, Inc. for
Elevated Water Storage Tank No. 2; Resolution
No. 2007-020
D. Payment to Kimmes-Bauer for Tablyn
Park/Lake Elmo Heights Well Sealing Projects
A and B; Resolution No. 2007-021A, 2007-021B
E. Sand Creek Employee Assistant
Program
5. FINANCE:
Lake Elmo City Council Agenda
March 6, 2006
D--- I
6. PROJECT DIRECTOR:
A. Next Steps in Master Plan Process
(Verbal)
7. MAINTENANCE/PARK/FIRE/BUILDING:
8. CITY ENGINEER'S REPORT:
Jack Griffin/Ryan Stempski
A.
9. PLANNING. LAND USE & ZONING:
K.Matzek/B.Gozola
A. Minor subdivision with a variance at
3200 Lake Elmo Avenue N.
B. Review of the Commercial Outdoor
Social Events Ordinance
C. Comprehensive Plan Timeline Update
Ben Gozola
D. Proposed Oakdale Comprehensive Plan
Amendment
E. 2007 Work Plan
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A.
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member DeLapp
C. Council Member Johnson
D. Council Member Park
E. Council Member Smith
'l
Date:
Please, PRINT:
Name:
Address:
Agenda
Subject:
Represent
Co./Individ
PLEASE N(
City of Lake Elmo
REQUEST TO APPEAR
City Council or foe the � Planning Commission
FW
7• Speaking time will be limited to 3
minutes.
2• "Request to Appear" must be completedOf b
3. Content . Y speaker. There will be no
must be civil. Yielding
4. Presentations will be made from the
Provided on paper submitted to the councilphone. Su
pplementary information is to be
/K3
Date:
Please, PRINT:
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Address:
Agenda Item/
Subject:
Representing
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PLEASE NOTE:
City of Lake Elmo
REQUEST TO APPEAR
Before the
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7V
-11e,
T• Speaking time will be li
2• "Request to q mited to 3 minutes.
sear" must be completed
. peakers. will be no
3. Content pleted by speaker. There must be civil, yielding
Of time to other
4. Presentations will be made from the
Micro
Provided on paper submitted to the councilhone. Supplementary information is to be
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Date: City of Lake Elmo
REQUEST TO APPEAR
Before the
City Council or Planning Commission
Please, PRINT:
Name: r(%
Address:
Agenda Item/
Subject: _ JV/
Representing
Co./Individual
PLEASE NOTE:
1. Speaking time will be limited to 3 minutes.
2. "Request to Appear" must be completed by speaker. There will be no yielding
of time to other speakers.
3. Content must be civil.
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provided on paper submitted to the council.
Date: 3-- 6 O 7 City of Lake Elmo
REQUEST TO APPEAR 1 14
Before the
City Council or Planning Commission
Please, PRINT:
Name: /� A IT /V d KT 1-1 W. uP
Address: l d ? �,f 3 Q& )J IT A% .
Agenda Item/
Subject: O 1< L/tiC) /�=} C/l;
Representing
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PLEASE NOTE:
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2. "Request to Appear" must be completed by speaker. There will be no yielding
of time to other speakers.
3. Content must be civil.
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provided on paper submitted to the council.
Date: City of Lake Elmo
REQUEST TO APPEAR
Before the
City Council or Planning Commission
Please, PRINT:
Name:
Address
Agenda Item/
Subject: L()0V ESL 7C I c C�C,z�TC�c✓ i �� (.� X '
Representing
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PLEASE NOTE:
1. Speaking time will be limited to 3 minutes.
2. "Request to Appear" must be completed by speaker. There will be no yielding
of time to other speakers.
3. Content must be civil.
4. Presentations will be made from the microphone. Supplementary information is to be
provided on paper submitted to the council.
016
Date: --07 City of Lake Elmo ql�
REQUEST TO APPEAR
Before the
City Council or Planning Commission
Please, PRINT:
Name: Sco 5v ��Soh
Address: 2/f Mgo*- w.<S Lg v. e 6,, e N
Agenda Item/ f
Subject: �trc� 19&4, oEt "Itc ye, s
Representing
Co./Individual
PLEASE NOTE:
1. Speaking time will be limited to 3 minutes.
2. "Request to Appear" must be completed by speaker. There will be no yielding
of time to other speakers.
3. Content must be civil.
4. Presentations will be made from the microphone. Supplementary information is to be
provided on paper submitted to the council.
Date:
Please, PRINT:
Name: ` r L
Address: (Z
Agenda Item/
Subject: lei;4�►,,
Representing
Co./Individual
PLEASE NOTE:
City of Lake Elmo
REQUEST TO APPEAR
Before the
City Council or Planning Commission
1. Speaking time will be limited to 3 minutes.
2. "Request to Appear" must be completed by speaker. There will be no yielding
of time to other speakers.
3. Content must be civil.
4. Presentations will be made from the microphone. Supplementary information is to be
provided on paper submitted to the council.
Date: (p / 07 City of Lake Elmo
REQUEST TO APPEAR �g
Before the
City Council or Planning Commission
Please, PRINT:
Name:
Address: U ZI 6, .'s)-
Agenda Item/ �n ,
Subject: lwhvt me rC.� n c
Representing
Co./Individual
PLEASE NOTE:
1. Speaking time will be limited to 3 minutes.
2. "Request to Appear" must be completed by speaker. There will be no yielding
of time to other speakers.
3. Content must be civil.
4. Presentations will be made from the microphone. Supplementary information is to be
provided on paper submitted to the council.
AMEN LLIAPPROVED: 03/20107
CITY OF LAKE ELMO
CITY COUNCIL MEETING
MARCH 6, 2007
L AGENDA
2. MINUTES: February 20, 2007 (moved to Item 13)
3. PUBLIC INQUIRIESANFORMATIONAL:
A. Public Inquiries
B. Public Informational
4. CONSENT AGENDA:
A. Resolution No. 2007-019: Approve Claims
B. Village Trunk Sanitary Sewer — Authorization for Preliminary Design Professional
Services
C. Resolution No. 2007-020: Payment to CB & I Constructors, Inc. for Elevated
Water Storage Tank No. 2
D. Resolution No. 2007-021A: Kimmes-Bauer for Tablyn Park/Lake Elmo Heights
Well Sealing Project; Resolution No. 2007-021B: Kimmes-Bauer for Tablyn Park/Lake
Elmo Heights Well Sealing Project
E. Sand Creek Employee Assistance Program
F. Resolution No. 2007-022: Approve Claims (addition)
5. FINANCE:
6. PROJECT DIRECTOR:
A. Next Steps in Master Plan Process (verbal)
7. MAINTENANCE/PARK/FIREBUILDING:
8. CITY ENGINEER'S REPORT:
9. PLANNING, LAND USE & ZONING:
A. Minor Subdivision with a Variance at 3200 Lake Elmo Avenue North
B. Review of the Commercial Outdoor Social Events Ordinance
C. Comprehensive Plan Timeline — Update
D. Proposed Oakdale Comprehensive Plan Amendment
E. 2007 Work Plan
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
t2. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member DeLapp
C. Council Member Johnson
D. Council Member Park
E. Council Member Smith
LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007
AMENLIAPPROVED: 03120107
Mayor Johnston called the meeting to order at 8:12 p.m. in the Council Chambers.
COUNCIL MEMBERS PRESENT: DeLapp, Johnson, Park, Smith.
STAFF PRESENT: Interim City Administrator/Finance Director Bouthilet, Project
Director Hoyt, Consulting Planner Gozola (Schoell Madson), Assistant Planner Matzek,
City Attorney Filla (Peterson, Fram, Bergman), City Engineer Griffin and Stempski
(TKDA), City Clerk Lumby, and Recording Secretary Luczak.
Pledge of Allegiance:
L AGENDA
Additions: Item 417-Resolution No. 2007-022: Approve Claims
M/S/P Johnson/Smith — to approve the March 6, 2007, City Council Agenda as amended.
(Motion passed 5-0)
2. MINUTES (moved to Item 13)
M/S (no vote) Johnson/Park — to approve the minutes as presented.
M/S/P Johnson/Smith — to table the Minutes and move to Item 13 for discussions.
(Motion passed 5-0)
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Informational — None
B. Public Inquiries
Susan Dunn, 11018 Upper 33`d Street, requested clarification of where the proposed
sewer pipe along Lake Elmo Avenue will be located: the lake side or right—of-way
(resident) side, and costs involved in the project. She asked that the City Council
consider Mr. Todd Williams comments expressed during the Village Plan discussion.
4. CONSENT AGENDA
A. Resolution No. 2007-019: Approve Claims
M/S/P Johnson/Smith — to adopt Resolution No. 2007-019, approving Claim Numbers
380, 381, DD1104 through DD1117, 30534 through 3 054 1, were used for Staff Payroll
dated March I", 2007; 30542 through 30578, in the total amount of $444,501.76 are
hereby approved. (Motion passed 5-0)
B. Village Trunk Sanitary Sewer — Authorization for Preliminary Design Professional
Services
Council Member DeLapp questioned if the Sewer Trunk project would extend up Lake
Elmo Avenue north of 30th Street to serve the Old Village at this time.
The City Engineer stated at this time, we are only constructing the first phase of the
sanitary sewer trunk. This will provide the capability to provide sewer service to the
existing Old Village and New Village in the future. An exact phasing plan for providing
sewer to the entire Village has not yet been determined.
LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007
AMENDLu/APPROVED: 03/20/07
M/S/P Johnson/Smith — to authorize TKDA to conduct preliminary design for the
approved trunk sanitary sewer route from the MCES connection to Reid Park located on
30t" Street (Option B) as determined at the City Council meeting on February 6, 2007.
(Motion passed 5-0)
C. Resolution No. 2007-020: Payment to CB & I Constructors, Inc. for Elevated
Water Storage Tank No. 2
M/S/P Johnson/Smith — to adopt Resolution No. 2007-020, approving Partial Payment
No. 10 to CB & I Constructors, Inc. for the Elevated Water Storage Tank No. 2 in the
amount of $37,326.45, verified by the City Engineer. (Motion passed 5-0)
D. Resolution No. 2007-021A: Kimmes-Bauer for Tablyn Park/Lake Elmo Heights
Well Sealing Project; Resolution No. 2007-021B: Kimmes-Bauer for Tablyn Park/Lake
Elmo Heights Well Sealing Project
M/S/P Johnson/Smith — to adopt Resolution No. 2007-21A, approving Partial Payment
No. 2 to Kimmes-Bauer, Inc. for the Tablyn Park/Lake Elmo Heights Well Sealing
Project in the amount of $11,685,00, verified by the City Engineer; and Resolution No.
2007-2 1B, approving Partial Payment No. 2 to Kimmes-Bauer, Inc. for the Tablyn
Park/Lake Elmo Heights Well Sealing Project in the amount of $12,825.00, verified by
the City Engineer. (Motion passed 5-0)
E. Sand Creek Employee Assistance Program
M/S/P Johnson/Smith — to approve the Employee Assistance Agreement with The Sand
Creek Group, Ltd., for one year ending February 14, 2008. (Motion passed 5-0)
F. Approve Claims (addition)
M/S/P Johnson/Smith — to adopt Resolution No. 2007-022, approving Claim Numbers
30579 and 30580, in the total amount of $277,573.00. (Motion passed 5-0)
5. FINANCE: None
6. PROJECT DIRECTOR
A. Next Steps in Master Plan Process (verbal)
Project Director updated the Council about the upcoming meetings with the Parks
Commission scheduled for March 12, 2007, and the Planning Commission on March 14,
2007, with those meetings held at 7:00 p.m. at Lake Elmo City Hall,
The Village Area Plan Open House will be held on March 21, 2007, at Oak -Land .Tumor
High School at 6:30 p.m., presentation at 7:00, then discussion at 7:45 p.m.
7. MAINTENANCE/PARK/FIREBUILDING: None
8, CITY ENGINEER'S REPORT: None
LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007
AMENDLIAPPROVED: 03/20107
9. PLANNING, LAND USE & ZONING
A. Minor Subdivision with a Variance at 3200 Lake Elmo Avenue North
The Senior Planner reviewed his staff report of March 6, 2007, to the Council regarding
the applications for a minor subdivision and lot width variance. He advised the Council
that staff is recommending approval of a minor subdivision as the request is reasonable
given the parcel has nearly enough acreage to create three lots; that subdivision is a
mechanism for the City to remove the existing driveway from its current location on Lake
Elmo Avenue; and the pie shape of the lot and its location on lakeshore create the need
for a variance. The Senior Planner also recommended that the nine conditions of
approval as listed in the staff report. With regards to the proposed relocation of the
existing driveway, he reminded City Council of the future traffic forecasts spelled out in
the Comprehensive Plan for Lake Elmo Avenue and the impacts existing driveways could
have on that corridor if nothing is done. The Senior Planner also noted that code calls for
the existing residence to hook up to the City water system. For the existing residence,
staff would recommend the City require the water hook up within 12 months.
The Senior Planner then reviewed the subdivision variance criteria and advised the City
Council that it was Staff s determination that they have been met, and the variance for lot
width at the shore land setback should be approved.
The Senior Planner reported that the Planning Commission action regarding the variance
and minor subdivision resulted in a 4-4 vote on a motion to approve. He reported that the
primary issues resulting in the 4-4 vote were that of the existing driveway relocation and
the requirement for City water hookup for the existing residence. He observed that the
Planning Commission did not appear to have objection to the minor subdivision in
general, but only with the driveway and water connection issues. The Council does have
time to consider the variance requests, as the application does not expire until
April 13, 2007.
Some Councilmembers stated that the driveway location needs to follow the City Code,
questioned the lake shore protection codes, and reviewed the DNR communication.
The City Attorney confirmed that the variance standards presented by the Senior Planner
are correct for a minor subdivision.
Matt Northrup, 11075 32nd Street North, spoke against the proposed variance as it will
increase the water runoff onto the east side of his property, 10 feet off the lot line. He
requested that the City Engineer and City Planner review the plans and increase the
setback to avoid runoff. Mr. Northrup also provided a copy of a letter from the DNR,
which recommended denial of the variance.
The Senior Planner stated he could add a condition to the approval of the application that
the drainage from Parcel F could be reviewed by the City Engineer in conjunction with a
future building permit application. He also confirmed the DNB's recommendation for
denial.
LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007
AMEND !APPROVED: 03120107
Anthony Dorland, Moss & Barnett (attorney), Minneapolis, provided a handout to the
Council outlining the applicants' position brought forth in the Staff report.
Carolyn Hortter, 1959 North Park Drive, St. Paul, stated this was her childhood home and
her mother still resides there. The current driveway and the two pillars marking their
driveway have been there almost a hundred years, and are at least 8 feet before the curb.
The County approved the proposed second driveway in the event the property was ever
split. To move the current driveway will involve trees and vegetation being cut down.
The existing well is 952 feet deep, not contaminated and gets tested yearly. Hooking up
to City water should continue to be the residents' choice.
The Council stated that as the Old Village develops, traffic on Lake Elmo Avenue will
continue to increase as the City grows. General consensus was that additional time was
needed to consider the minor subdivision and variance applications before making an
informed decision.
M/S/P Smith/DeLapp — to table for further discussion at the March 13, 2007, Council
Workshop and return to the March 20, 2007, Council meeting for a decision.
(Motion passed 5-0)
The City Attorney requested legal descriptions of the side yard easements before
returning to the Council
Council Members also requested that all City Code issues discussed at tonight's meeting
be interpreted by the City Attorney prior to the March 13, 2007, Council Workshop
meeting.
B. Review of the Commercial Outdoor Social Events Ordinance 97-167
The Senior Planner presented to the Council a review of the Outdoor Social Events
ordinance and the various options to consider which included: No action; Ordinance
Amendments; Repeal of the Ordinance; and/or a Moratorium on Outdoor Social Events
pending further review of the ordinance.
The City Council supported outdoor social events and believes a good faith effort was
made to create a supportive ordinance. Iowever, several concerns have been brought to
the City's attention and Council is requesting the Ordinance be reviewed and/or repealed.
Donna Sloan, 12208 Marquess Lane North, stated that noise limits are hard to enforce
and would like the Ordinance repealed.
Kathleen Haggard, 12154 Marquess Lane North, stated the Commercial Outdoor Event
Ordinance is confusing, and it needs to be repealed. She thinks commercial activity
should not abut residential areas so closely.
Scott Johnson, 12211 Marquess Lane Cove North, emailed and phoned the City regarding
the CUP and stated the ordinance wording is too vague, and expressed his concerns about
LAKE ELMO CITY COUNCIL MINUTES MARCH 6; 2007
AMENDLAPPROVED: 03/20/07
safety, alcohol, and enforcement. He wants Lake Elmo to be responsible and the
ordinance repealed.
Charles Cadenhead, 12190 Marquess Lane North, stated that two events per week is
excessive and wants the ordinance repealed.
M/S/P Smith/Park — to direct Staff to send Ordinance No. 97-167, Commercial Outdoor
Social Events, back to the Planning Commission for review and return with a
recommendation at the March 20, 2007, Council meeting. (Motion passed 5-0)
C. Comprehensive Plan Timeline Update
The Senior Planner summarized that the City's sector representative at the Metropolitan
Council agreed with the City's determination that interim zoning districts are appropriate
for both the I-94 corridor and the Village area. The interim districts will maintain the
existing properties in their current configurations and uses until such time that
development is guided or sewer becomes available. Such districts will be in conformance
with the current comprehensive plan as the planned development cannot yet occur.
Creation of such districts also carries the added benefit of providing the City with
additional time to craft the final zoning language that will govern these areas. The
revised timeline is through May 18, 2007.
D. Proposed Oakdale Comprehensive Plan Amendment
The Senior Planner reported that the City of Oakdale is seeking to amend their
comprehensive plan to re -designate 3.86 acres from Low Density Residential to
Commercial. The property in question is near Lake Elmo on the southeast corner of
Helmo Avenue and 1 Oil' Street. Staff does not foresee any negative impacts to the City
of Lake Elmo as a result of this change.
E. 2007 Work Plan
The Senior Planner presented the priority work items for 2007, which were established by
the joint Planning Commission and City Council meeting on February 13, 2007.
The priority items recommended by the Planning Commission were:
1. Creation and adoption of zoning codes in the village area and I-94 corridor that
conform to the approved comprehensive plan (due by July).
2. Zoning map update to ensure the City's official map reflects all ordinances approved
since 1995.
3. Interim use ordinance to allow for such permits and to define what constitutes an
interim use.
4. Revisions to the NC zoning district to address multiple problems which result in too
many variances.
5. Billboard sign ordinance to study and possibly adopt regulations governing the use of
LCD billboard signs. A year long moratorium on this matter was recently approved by
the City Council, so action must be taken on this topic within the year.
6. Sexually oriented businesses ordinance to regulate where such facilities could
potentially locate within the City of Lake Elmo. A year long moratorium on this matter
LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007
AMENLWAPPROVED: 03120107
was recently approved by the City Council so action must be taken on this topic within
the year.
7. Other non -comprehensive plan related zoning district updates (by priority)
8. Zoning Code recodification to incorporate all text changes adopted by ordinance since
the last recodification.
9. Conditional Use Permit ordinance to update current regulations to establish specific
criteria for difference conditionally permitted uses.
10. Sign Code ordinance to examine all other sign issues beyond LCD billboards.
11. Outdoor Lighting Standards ordinance to review and address what types and levels of
lighting are appropriate for different uses in Lake Elmo.
12. Street Design Standards ordinance to update the City's requirements for new
roadways being constructed within the City.
13, Home Occupations ordinance to address what is appropriate in the different areas of
the City.
14. 2007 to 2011 Capital Improvement Plan will be part of the work plan every year
during the budget process.
Council determined that outdoor social events should also be a priority item for the City.
M/S/P Johnson/Smith — to adopt the 2007 City Work Plan Timeline, as amended:
1. Creation and adoption of zoning codes in the village.
2. Commercial Outdoor social events.
3. Zoning map update.
4. Interim use ordinance.
5. Revisions to the NC zoning district.
6. Billboard sign ordinance.
7. Sexually oriented business ordinance.
8. Other non -comprehensive plan related zoning district updates (by priority).
9. Zoning Code recodification.
10. Conditional Use Permit ordinance.
11. Sign Code ordinance.
12. Outdoor Lighting Standards ordinance.
13. Street Design Standards ordinance.
14. Home Occupations.
15. 2007 to 2011 Capital Improvement Plan.
(Motion passed 5-0)
10. CITY ATTORNEY'S REPORT —None
11. CITY ADMINISTRATOR'S REPORT — None
12. CITY COUNCIL REPORTS
A. Mayor Johnston -None
B. Council Member DeLapp - None
LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007
AMEND'LuIAPPROVED: 03/20/07
C. Council Member Johnson - None
D. Council Member Park - None
E. Council Member Smith - None
13. MINUTES (Moved from 2A)
Council requested the Staff to review the tape for clarification.
Council consensus was to postpone approval of the February 20, 2007, Council Minutes
until the March 20, 2007, City Council meeting.
Meeting adjourned at 10:10 p.m.
Resolution No. 2007-019: Approved Claims
Resolution No. 2007-020: Partial Payment No. 10 to CB & I Constructors, Inc. for the
Elevated Water Storage Tank
Resolution No. 2007-21A: Partial Payment No. 2 to Kimmes-Bauer, Inc. for the Tablyn
Park/Lake Elmo Heights Well Sealing
Resolution No. 2007-21B: Partial Payment No. 2 to Kimmes-Bauer, Inc. for the Tablyn
Park/Lake Elmo Heights Well Sealing Project
Resolution No. 2007-022: Approved Claims
LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007