HomeMy WebLinkAbout06-19-07 CCMLake 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.
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
Jme designated for public comments on each, agenda item.
Name
Add
,C
What item # and topic
If your topic is not a numbered on the aqenda, it will be heard at the
beginning 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.
'rhe mayor will call upon you when it is time for you to speak during the
Jme designated for public comments on each agenda item.
Name
,address
What item # and topic
(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
i he city clerk or the city administrator.
'you may address the city council for up to 3 minutes.
'"he mayor will call upon you when it is time for you to speak during the
lime designated Qr public comments on each agenda item.
Address '7 3j A![ -
What item # and topic W
(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).
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.
Name �� ;on ��ti� 1C,_ i
,address
What item # and topic
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).
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.
'rhe mayor will call upon you when it is time for you to speak during the
Jme designated for public comments on each agenda item.
Name , i"wi A
,address ���a ����� �i•, /((
What item # and topic T ., I j
i 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).
City of Lake Elmo
City Hall
3800 Laverne Avenue North
June 19, 2007
7 PM REGULAR CITY COUNCIL MEETING
AGENDA
A. CALL TO ORDER:
B. PLEDGE OF ALLEGIANCE:
C. ATTENDANCE:
D. APPROVAL OF AGENDA:
E. APPROVE MINUTES (motion not required)
1. Consider approval of minutes from meeting of June 5, 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. 2007-042 for claim numbers 399, 400, DD1229 through
DD 1251, 31006 through 31025, and 401, 31026 through 31083, In the total amount of
$206,090.00.
3. Considering hiring a seasonal employee for public works
4. Approve Tablyn Park/Lake Elmo Heights Well Sealing Contracts A&B Payment
Certificate No. 5
H. PUBLIC HEARING(S) AND RELATED ACTION:
5. Annual Report for 2006 Municipal Separate Storm Sewer Systems (MS4s)
REGULAR AGENDA: Attendees may comment for up to three minutes on an Item on the
regular agenda.
6. Adopt ground rules and meeting order of business for city council; Resolution no.
2007-043
7. Zoning Code Text Amendment — South of 10th Street and Village Area Holding
Districts; Ordinance no. 97-192
8. Zoning Code Map Amendment — South of 101h Street and Village Holding Districts;
Ordinance no. 97-193
9. Consider Open Space Development Stage Plan, Preliminary Plat, and Conditional
Use Permit called Whistling Valley III; Resolution no. 2007-044
10. Consider a variance to allow construction of a home on a parcel which does not meet
the 1.5 acre minimum lot size requirement at 8961 37th Street, Tom DuFresne;
Resolution no. 2007-045
11, Consider variances to allow construction of three additions at 8186 Hill Trail N., Paul
Frederick; Resolution no. 2007-046
12. Consider Manning Avenue construction project from TH36 north to 2100' North of
CSAH 23 (751h Street N.); Resolution no. 2007-047
CAM w
WE DO NOT WANT CITY SEWER RUN DOWN LAKE fi .
ELMO AVENUE BETWEEN 20TH AND 30TH
STREETS ......................
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City of Lake Elmo
City Council Meeting Minutes
June 19, 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
Absent: Smith
Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla,
Senior Planner Gozola, City Planner Matzek, City Engineer Griffin, Assistant City
Engineer Stempski, and City Clerk Lumby.
Approval of Agenda
Motion: Council Member Johnson moved approval of the June 19, 2007 agenda, as
amended. Council Member DeLapp seconded the motion. The motion passed
unanimously.
Approval of the June 5, 2007 minutes
The June 5, 2007 minutes will stand with two corrections.
PUBLIC COMENTS/INQUIRMS:
Judy Wadsworth, 2119 Lake Elmo Avenue, stated she had attended the meeting on the
proposed I-94 to 30" Street Infrastructure Project at Oakland Jr. H.S. and left the meeting
with questions and concerns on how this project, the trail and parking spaces would affect
them along Lake Elmo Avenue. Ms. Wadsworth submitted a list of names along Lake
Elmo Avenue who are opposed to a bike path and are concerned on how the financial
costs for the sewer/water installation would affect those residents living on Lake Elmo
Avenue,
CONSENT AGENDA:
Motion: Council Member Johnson moved to approve the consent agenda as identified
Council Member DeLapp seconded the motion. The motion passed unanimously.
• Approve Resolution no 2007-042 for claim numbers 399, 400, DD1229
through DD1251, 31006 through 31025, and 401, 31026 through 31083,
in the total amount of $206,0901.00
• Considering hiring a seasonal employee for public works
• Approve Tablyn Park;/Lake Elmo Heights Well Sealing Contracts A&B
Payment Certificate No. 5
Lake Elmo City Council Minutes June 19, 2007
PUBLIC HEARING(S) and RELATED ACTION:
Annual Report for 2006 Municipal Separate Storm Sewer Systems (MS4s)
Jack Griffin, city engineer, asked the city council to accept the Municipal Separate Storm
Sewer System (MS4) Annual Report for 2006 and authorize staff to submit this report to
the MPCA by June 30, 2007. The Council received an agreement with Washington
County Conservation District which would require the city to contribute $2,000 per year
to the East Metro Water Resource Education Program. The City Engineer noted that the
city cannot meet these requirements at this cost on its own staff time.
Council Member DeLapp said he would like to know what the city is not doing and what
is the $2,000 worth of issues that the city needs to be addressing.
Motion: Council member Johnson moved to accept the Municipal Separate Storm Sewer
System (MS4) Annual Report for 2006, and authorize staff to submit this report to the
MPCA by June 30, 2007 and to enter into an agreement with the Washington County
Conservation District to contribute to the East Metro Water Resource Education
Program at $Z 000 per year, from July 1, 2007 to May 1, 2009, at which time the
agreement may be considered for renewal. Council member Park seconded the motion.
Council members Johnston, Johnson, Park voted in favor of the motion. Council Member
DeLapp voting against.
REGULAR AGENDA:
Adopt ground rules and meeting order of business for city council; Resolution no. 2007-
043
Council discussed the need for the city to officially adopt ground rules and meeting
procedures, with the purpose of those actions to have respectful, efficient and effective
council meetings.
Motion: Council member Johnson moved to adopt Resolution no. 2007-043, A
Resolution Adopting City Council Ground Rules and Order of Business. Council member
DeLapp seconded the motion. The motion passed unanimously.
Zoning Code Text Amendment — South of 10t" Street and Village Area Holding Districts;
Ordinance no. 97-192
Senior Planner Gozola reviewed the proposed zoning code language that will govern the
holding districts being established for properties surrounding the old Village and south of
10"' street. Establishing the proposed holding districts will provide the city with the time
necessary to craft the final zoning regulations governing development in the Village and
I-94 corridor.
Lake Elmo City Council Minutes June 19, 2007
Motion: Council member Johnson moved to adopt Ordinance no. 97-192, An Ordinance
Creating Holding Zones and Adopting Use Regulations for Holding Zones Along the 1-94
Corridor and Within the Village Area. Council member DeLapp seconded the motion.
The motion passed unanimously.
Motion: Council member Johnson moved to approve Resolution no. 2007-044
authorizing publication of Ordinance no. 97-192 by title and summary. Council member
Park seconded the motion. The motion passed unanimously.
Council member DeLapp pointed out that only the commercial properties north of 39°i
Street were proposed for rezoning into a holding district. He questioned why the
commercial properties along and south of 39th Street were not included.
Senior Planner Gozola stated that the current zoning for those commercial properties are
currently in compliance with the future land use as identified in the comprehensive plan.
Administrator Hoyt stated that the city has received a number of recurring questions that
are important to address, but will be discussed at future meetings.
Tim Montgomery, 9120 Hudson Blvd, indicated that the future use of the property as
residential is inconsistent with the neighboring properties zoned General Business. The
residential use adjacent to existing businesses has created little interest in the property
and therefore, it will be difficult to pay for the infrastructure improvements when the time
comes.
Zoning Code Map amendment — South of l0u' Street and Village Holding Districts,
Ordinance no.97-193
Senior Planner Gozola reviewed the proposed zoning map changes that would establish
the holding districts for properties near the old Village area and to the south of 101h Street.
The rules governing each of the proposed holding districts are recommended for
approval.
Motion: Council member DeLapp moved to adopt Ordinance no. 97-193, An Ordinance
to Amend the Lake Elmo City Code by Amending the Official Zoning Map of the City of
Lake Elmo. Council member Johnson seconded the motion. The motion passed
unanimously.
Motion: Council member Johnson moved to adopt Resolution no. 2007-045 authorizing
publication of Ordinance no. 97-193 by Title and Summary. Council Member Park
seconded the motion. The motion passed unanimously.
Lake Elmo City Council Minutes June 19, 2007
Consider Open Space Development Stage Plan, Preliminary Plat and Conditional Use
Permit called Whistling Valle
Senior Planner Gozola and staff recommended approval of the preliminary plan for the
open space (OP) development, preliminary plat and conditional use permit (CUP) for the
Whistling Valley P Addition Open Space development.
Council member DeLapp indicated there was no reasonable basis to continue the road to
the west and should remain a cul-de-sac based on the work of previous councils and of
the applicant.
Motion: Council member DeLapp moved to approve the Open Space Development Stage
Plan, Preliminary Plat and Conditional Use Permit for Whistling Valley 111 and the five
deviations from OP development standards based on the applicant's submission,
including the number 36 requirement but excluding the right -of- way in the number 11
requirement, the contents of the June 19`h planning report, public testimony and other
evidence available to the Council. Council member Park seconded the motion. The
motion passed unanimously.
2007-046
City Planner Matzek and staff requested the City Council approval of the three requested
variances to allow construction of a home at 8961 37th Street North. The home did not
meet the 1.5 acre minimum lot size requirement or comply with the 60% of the district's
minimum requirements as outlined by City Code 300.09 and construction of an on -site
septic system within an acre or less than one acre.
Motion: Council member Johnson moved to approve Resolution no. 2007-046 approving
the requested three variances by Tom DuFresne for 8961 37`h Street North, based on the
findings listed in the staff report; subject to the conditions recommended by staff. Mayor
Johnston seconded the motion. The motion passed unanimously.
Consider variances to allow construction of the additions at 8186 Hill Trail N, Paul
Frederick; Resolution no. 2007-047
The City Planner and staff recommended approval of three variances, reviewed
individually, for 8186 Hill Trail North. The applicant requested the proposed additions to
be in concurrence with the rebuilding of the home.
Motion: Council member Park moved to approve Resolution no. 2007-047 approving the
variances for the forward extension of the garage toward the street at 8186 Hill Trail
North based on the findings listed in the staff report; subject to the State DNR and Lake
Elmo shoreland regulations regarding vegetation and conditions recommended by staff.
Council member DeLapp seconded the motion. The motion passed unanimously.
Lake Elmo City Council Minutes June 19, 2007 4
Motion: Council member DeLapp moved to approve Resolution no. 2007-047 approving
the setback variance for the creation of a screened porch in place of a portion of the
former deck at 8186 Hill Trail North based on the findings listed in the staffreport and
subject to the conditions recommended by staff'. Council member Johnson seconded the
motion. The motion passed unanimously.
Motion: Council member DeLapp moved to approve Resolution no. 2007-047 approving
the expansion of the master bathroom at 8186 Hill Trail North based on the findings
listed in the staff report and subject to the conditions recommended by staff. Council
member Johnson seconded the motion. The motion passed unanimously.
City Engineer Griffin requested the council to consider providing municipal consent for
the Washington County CSAH 15 (Manning Avenue) Construction Project from TH 36
north to 2100'north of CSAH 12 (750' Street North). Joe Lux, Washington County
Transportation, gave a slide presentation on the Maiming Avenue -safety and mobility
project
Motion: Council member DeLapp moved to adopt Resolution no. 2007-048 approving
Washington County CSAH 15 (Manning Avenue) Construction Project, from TH 36 north
to 2100' north of CSAH 12 (75`h Street North). Council member Johnson seconded the
motion. The motion passed unanimously.
Accept the retirement of Jim McNamara, Building Official, effective August 3, 2007
City Administrator Hoyt requested the council to accept the resignation of Jim
McNamara, Building Official, who is retiring August 3, 2007 after 25 years of city
service.
Motion: Council member Johnson moved to accept Jim McNamara's retirement as the
city's building official effective August 3, 2007 and thank him for his 25 years ofservice.
Council member Park seconded the motion. Council members Johnston, Johnson and
Park voted for the motion, Council member DeLapp voted against.
Consider four year mayoral term
Mayor Johnston explained he believed changing to a four year mayoral term from the
current two year term was in the best interest of the city. I Ie said that expanding the
number of years in office for the mayor would lend consistency and continuity to the
council's actions, especially those concerning development and long term planning for
the city. He also cited the commitment required just to run for office takes a considerable
amount of time compared to the time in office.
Lake Elmo City Council Minutes .Tune 19, 2007
Council member DeLapp said he waned to put off discussing the idea during the
council's June 19`h regular meeting because Council member Smith was not at the
meeting and he thought the decision of whether to extend the term should be one made by
the full five member council. He also wanted to put off a vote so the city could poll the
public to determine the residents' opinions of whether the term should be put to four
years.
Council members Johnson and Park stated they were in favor of a four year mayor's
term because it would lend consistency and continuity to the council's actions.
Motion: Council member Johnson moved the approval of the four year mayor's term.
Council member Park seconded the motion. The motion passed unanimously,
REPORTS AND ANNOUNCEMENTS:
Mayor Johnston received a letter requesting financial contribution from those cities that
use the Lucy Winton Bell Athletic Fields in Lakeland.
Council member Johnson noted that she has a new email address as of the end of April
which will be published on the city website. She thanked the planning commission and
city staff for their time working on the zoning text amendment and making it such a
smooth transition.
Council member Park would like to discuss the definition of reasons for a hardship
needed for a variance request at a future workshop.
Administrator Hoyt asked for input from the council on date and suggestions for the
aimual volunteer recognition event. She asked the council to let her know if they would
be available for a July 1, 6:30, workshop with Roger Knutson who specializes in land use
development fees.
City Engineer Griffin said he has contacted Rockpoint Church to discuss traffic
management and how this could be facilitated for their operations.
Finance director Bouthilet announced the new city website is up, but there is much more
work ahead for staff for the website to become a main communicating tool to our
residents. He also pointed out the city is having difficulties keeping up with the water
system which cannot maintain levels in the water tower and there is a sprinkling
ordinance in place which will be enforced to control water conservation.
ADJOURN: 10:50 p.m.
Lake Elmo City Council Minutes June 19, 2007