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Home My WebLink About05-01-07 CCMCITY OF LAKE ELMO CITY COUNCIL MEETING MAY 1, 2007 AGENDA 6: 45 P.M. INTERVIEW FOR COMMUNITY IMPROVEMENT COMMISSION — Bob Schumacher 7:00 P.M. REGULAR CITY COUNCIL MEETING A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ATTENDANCE: Mayor Johnston _, Council Members DeLapp _Johnson _, Park_, Smith_ D. APPROVAL OF AGENDA: E. APPROVAL OF MINUTES: 1. Consider approval of minutes from meeting of April 17, 2007 F. PUBLIC COMMENTS/INQUIRIES: Meeting attendees wishing to address the city council on an item NOT on the regular agenda may speak for up to three minutes. G. CONSENT AGENDA: Items are on the consent agenda because they are routine business and are not for discussion. 2. Approve resolution no. 2007-036 for claim numbers 391, 392, DD 1180 through DD 1192, 30795 through 30805 and 393, 30806 through 30861 in the total amount of $499,720.14. 3. Approve contract payments: a. Tablyn Park/Lake Elmo Heights water main extension payment certificate No. 7 in the amount of $182,963.11 b. Tablyn Park/Lake Elmo Heights Plumbing Connections Contract A, Payment No. 5 in the amount of $28,253.47 and Contract B, Payment No. 5 in the amount of $134,670.92 c. Tablyn Park/Lake Elmo Heights Watermain Extension Change Order No. 6 in the amount of $46,504,69. H. PUBLIC HEARING(S) AND RELATED ACTION: None 1. REGULAR AGENDA: Attendees may comment for up to three minutes on an item on the regular agenda. 4. Consider removal of recently posted "No Parking" signs on 15'h Street from Ivy Avenue N. to the eastern terminus (but not the hammerhead) 5. Consider a stipulation agreement with the Sunfish Lake Homeowners Associations (HOA) related to wastewater 6. Consider an amendment to the conditional use permit regarding side yard setback for Discover Crossing; Resolution No. 2007-037 7. Receive update on the process and progress of the interim zoning ordinances — South of 10°i Street and Village Area 8. Receive information on the Washington County Land and Water Legacy Program 9. Consider appointment of Bob Schumacher to the Community Improvement Commission CITY OF LAKE ELMO CITY COUNCIL MEETING MAY 1, 2007 AGENDA (Page 2) J. REPORTS AND ANNOUNCEMENTS: Mayor and Council Members Administrator Staff Announcements: • Update on Keats Avenue/Hwy 36 intersection changes (Assistant City Engineer— Ryan Stempski) • May 2, 4-6 p.m. Board of Review • May 9, 5 p.m. Council Workshop • May 9, 7 p.m. I-94 Open House Rezoning Presentation — OakLand Jr. H.S. • May 10, 6 p.m. Village Area Open House Rezoning Presentation — Lake Elmo Elementary School K. ADJOURN ems• ! '_ - r r � . -1 _()7 Lake Elmo City Council Meeting WELCOME f you wish to address the city council, please fill in the form and give it to :he city clerk or the city administrator. (ou may address the city council for up to 3 minutes. the mayor will call upon you when it is time for you to speak during the Jme designated for public comments on each agenda item. Aame o ,address What item # and topic If your topic is not a numbered on the agenda, it will be heard at the I)eginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME f you wish to address the city council, please fill in the form and give it to :he city clerk or the city administrator. (ou may address the city council for up to 3 minutes. the mayor will call upon you when it is time youtspeak during the each agenda Jme designated for public comments on Dame ,address LI2 What item # and topic i if your topic is not a numbered on the agenda, it will be heard at the I)eginning of the meeting under public comments and inquiries). _ake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and give it to 1 he city clerk or the city administrator. You may address the city council for up to 3 minutes. 'Fhe mayor will call upon you when it is time for you to speak during the lime designated for public comments on each agenda item. Name Address is and to � f� � � JC ' uti�S What item # p (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). _ake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and give it to the city clerk or the city administrator. You may address the city council for up to 3 minutes. 'the mayor will call upon you when it is time for you to speak during the lime designated for public comments on each agenda item. (Jame � M9 � Address ai1-70 %�� q. /!" What item #and topicc_�lsii�'/u�? (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). A. ?ROVED MAY 15, 2007 City of Lake Elmo City Council Meeting Minutes May 1, 2007 Mayor Johnston called the meeting to order at 7 PM. Everyone joined in the Pledge of Allegiance. Present: Mayor Johnston, Council Members DeLapp, Johnson, Park, Smith. Also Present: City Administrator Hoyt, Finance Director Bouthilet, Planner Matzek, City Attorney Filla, City Engineer Griffin, Assistant City Engineer Stempski, City Clerk Lumby, Recording Secretary Luczak. Approval of Agenda Motion: Council Member Johnson moved approval of the May 1, 2007, agenda. Council Member Smith seconded the motion. The motion passed unanimously. Approval of the April 17 2007 minutes Motion: Council member DeLapp moved to amend the April 17, 2007 minutes to include changes as presented. Council member Smith seconded the motion. The motion passed with Council members DeLapp, Park and Smith voting in favor; Mayor Johnston and Council member Johnson voting against. Motion: Council Member Johnson moved to approve the April 17, 2007 minutes as amended. Council Member Smith seconded the motion. The motion passed with Mayor Johnston, Council members DeLapp, Park and Smith voting in favor; Council member Johnson voting against. PUBLIC COMMENTSANQUIRIES Bob Schumacher, 9155 28t" Street, informed the council that since the water main installation project, 28t" Street which is a dirt road with its steep grade, is eroding. He requested the road be upgraded while maintaining its narrower width. Administrator Hoyt explained that a meeting was being scheduled with Jim Peterson, Bob Schumacher, City Engineer Griffin and others to discuss these improvements. Lake Elmo City Council Minutes May 1, 2007 A, -ROVED MAY 15, 2007 CONSENT AGENDA Motion: Council Member Johnson moved to approve the consent agenda as identified. Council Member Smith seconded the motion. The motion passed unanimously. • Approve resolution No. 2007-036: Claims in the amount of $499,720.14. • Approve contract payments for Tablyn Park/Lake Elmo Heights: water main extension payment certificate No.7 in the amount of $182,963.11; plumbing connections contract A, payment No. 5 in the amount of $28,253.47, and contract B, payment No. 5 in the amount of $134,670.92; water main extension change order No. 6 in the amount of $46,504.69. PUBLIC HEARING (S) AND RELATED ACTION No hearings were held. REGULAR AGENDA Consider removal of recently posted "no parking" signs on 15th Street and Ivy Avenue North to the eastern terminus (but not the hammerhead) City Administrator Hoyt explained that the city council had approved the posting of `no parking' signs along 15th Street to Ivy Avenue in the fall of 2006. When the signs were posted in March 2007, several residents along 15th Street asked the city council to remove them at the April 3, 2007 city council meeting. Administrator Hoyt explained that the signs were in response to a complaint from a property owner who was concerned about parking in front of his home because it might be a public safety issue. The area is adjacent to the Lake Elmo Regional Park Reserve. Property owners along 15th Street were notified of the city's pending decision to remove the signs at this meeting. City Engineer Griffin explained the staff's recommendation that the `no parking' signs be removed because there was not a threat to public health and safety from parking on this 24 foot wide road. He said the street width and shoulders were sufficient for vehicles to pass each other with parking on either side. Brad Sahr, 9170 15th Street, expressed a desire to have the signs remain, although he said he spoke with several neighbors who did not like them due to aesthetic reasons. He suggested that the city and county work on parking issues related to the Lake Elmo Regional Park. Don Jeske, 8996 15th Street, had spoken with his neighbors, who have lived their 10+ years, didn't see any safety issues that warranted installation of the signs. The city council discussed the topic, noting this was not a public health and safety threat and that many residents throughout Lake Elmo have cars parked in front of their homes from time to time. Lake Elmo City Council Minutes May 1, 2007 i . PROVED MAY 15, 2007 Motion: Council member Johnson moved to revoke Ordinance No. 97-181 that prohibits parking on 15`h Street to Ivy Avenue and direct the staff to remove the " no parking" signs in this area, but to leave the already existing no parking signs in the hammerhead area. Council member Park seconded the motion. The motion passed unanimously. Consider a stipulation agreement with the Hamlet on Sunfish Lake Homeowners Association (HOA) related to wastewater City Attorney Filla requested the council to consider a proposed negotiated stipulation agreement between the Hamlet on Sunfish Lake Homeowners Association (HOA) and the city to address the handling of wastewater. Attorney Filla indicated the two parties came to an agreement on how to resolve the wastewater treatment issues resulting from failing waste systems in the Hamlet. Council member DeLapp asked to have the city staff require Hamlet on Sunfish Lake trails be part of the public trail system. Attorney Filla will contact the HOA about this. Motion: Council member Johnson moved to approve the stipulation agreement between the Hamlet on Sunfish Lake and the city of Lake Elmo. Council member Park seconded the motion. The motion passed with Mayor Johnston, Council members Johnson, Park and Smith voting in favor. Council member DeLapp voting against. Consider amendment to the conditional use permit (CUP) regardingside ide yard setback for Discover Crossing Planner Matzek explained that Bob Clark, Discover Crossing Investments, LLC, was requesting an amendment to the conditional use permit (CUP) for the open space (OP) to allow for 10 foot setbacks on interior lot lines and 5 foot on exterior lot lines rather than the 15 foot required by the OP ordinance. The approval of an amendment to an OP CUP requires a 4/5 vote. She also explained that an amendment to the CUP must satisfy the general conditions for a CUP in the city code. She explained the request was being made to provide more flexibility on site to preserve trees that might need to be removed without the additional flexibility. She said the staff recommended approval of the amendment to the CUP because it met the conditions set forth in the city code. The planning commission recommended denial of the CUP because it did not conform to the OP condition of the 15 foot setback and it may pose a threat to public safety due to fire. Tim Freeman, representing the applicant, explained the request was for flexibility for preserving trees, not to build larger homes or cover more of the lot. He also referred to three prior OP CUP amendments that the city council had approved. Mr. Freeman said that the applicant would be willing to have a 10 foot setback on the exterior lot lines rather than the 5 foot. The city council discussed the application including the need for the CUP amendment, the possible positive and negative impacts from approving the amendment as requested and the process for handling the request should it fail on a 3 (favor) to 2 (against) vote since it required a 4/5 vote. Lake Elmo City Council Minutes May 1, 2007 �, PROVED MAY 15, 2007 Motion: Council member Smith moved to approve resolution no. 2007-037, approving the Discover Crossing CUP amendment to reduce the side yard setbacks to 10 feet on interior lot lines and 5 feet on exterior lot lines as shown on the site plan. Council member Park seconded the motion. Mayor Johnston, and Council members Park and Smith voting in favor; Council members DeLapp and Johnson voting against. Motion failed 3-2, due to 415 vote required. Administrator Hoyt reported on the rezoning process that was mandated to bring the city's zoning code into compliance with the city's comprehensive plan. The Metropolitan Council's deadline for the city to update the process is July 12, 2007. Open houses are scheduled for May 9th and 10th to provide the public the opportunity for staff to illustrate the proposed zoning district changes. The Planning Commission plans to hold public hearings on May 30th and 31st. Information letters to the property owners alerting them to the upcoming public meetings were mailed out May Ist, announcing the dates, locations and time. Council member DeLapp pointed out the developments of"Stonegate, The Forest, and Midland Meadows" are established neighborhoods and should not be included in the rezoning. Receive information on the Washington County Land and Water Legacy Information received about the Washington County Land and Water Legacy Grant program. Consider appointment of Bob Schumacher to the Community Improvement Commission The city received an application from Bob Schumacher, 9155 28th Street, to serve on the Community Improvement Commission. Motion: Council member DeLapp moved to appoint Bob Schumacher to the Lake Elmo Community Improvement Commission. Council member Johnson seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS Mayor Johnston reported that he had attended the Mahtomedi School District Strategic Planning discussions as a representative from one of six cities in the District. Council member Park welcomed Bob Schumacher to the CIC. Assistant City Engineer Stempski informed residents that fire hydrants would be flushed next week. Lake Elmo City Council Minutes May 1, 2007 A. PROVED MAY 15, 2007 Updated Keats Avenue/Highway 36 intersection changes City Engineer Griffin gave an update on Trunk Highway 36 and Keats Avenue north'/a intersection improvements that started Monday, April 30th. This is part of the MnDOT Highway 36 Corridor Study. Council Member DeLapp shared a brief history of Lake Elmo's Highway 36 Corridor Study, Robert Anderson, 9800 55th Street North, stated it was short notice on the construction and it was creating safety hazard. He requested that solutions be explored including a possible service road. ADJOURN Mayor Johnston adjourned the meeting at 9:25 pm DOCUMENT NOTE: Resolution No. 2007-036: Approved Claims Resolution No. 2007-037: Denied Amendment for Conditional Use Permit for Discover Crossing Lake Elmo City Council Minutes May 1, 2007