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Home My WebLink About11-05-07 CCMCity of Lake Elmo 3800 Laverne Avenue North November 5, 2007, Monday (The date has been changed because of the school election) 7 PM REGULAR CITY COUNCIL MEETING AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ATTENDANCE: —Johnston, _DeLapp, Johnson, _Park, _Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS (This is the way that the city council runs its meetings so everyone attending the meeting or watching the meeting understands how the city council does its public business.) F. GROUND RULES: (These are the rules of behavior that the city council adopted for doing its public business.) G. APPROVE MINUTES 1. Consider approval of October 11, 2007 minutes Consider approval of October 16, 2007 minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak, to the city council is treated the same way, meeting attendees wishing to address the city council on any items NOT on the regular agenda may speak for up to three minutes. I. CONSENT AGENDA: Items are on the on the consent agenda because they are routine business and are not for discussion. 2. Approve Resolution no. 2007-081 for claims 3. Water System Interconnect Phase IV a. Change Order No. 2 b. Compensating Change Order No. 3 and Payment Certificate No. 4 (Final) Resolution No. 2007-082 c. Accepting Work 4. Resolution No. 2007-083 adopting assessments for City water connection system interconnect Project Phase I and II 5. Approve the Fire Relief Association By -Laws 6. Approve purchase of a replacement merry-go-round (whirl ride) for Lions Park J. REGULAR AGENDA 7. Review of Ground Rules 8. Consider approving force main only option for the I-94 to 30`h Street Infrastructure Project as presented at the October 16, 2007 city council meeting 9. Consider variance application from Frederick Paul for a Lakeshore setback variance to permit the construction of a new on -site septic system at 8186 Hill Trail N.; Resolution No. 2007-084 10. Consider an application from Common Grounds Church to permit the keeping of horses as a component of an existing special use permit for a "place of worship" 11. Consider ordinance no. 97-199 amending the allowable impervious surface in The coverage in all Open Space Developments 12. Consider an ordinance no. 97-200 amending the zoning code for minor modifications/corrections to zone properties 13. Consider purchase of an annex space for city hall at 3800 Laverne Avenue N. and a corresponding amendment to the 2007 CIP. 14. Consider ordinance no. 97-201 amending the date of appointment and termination of planning commissioners to be consistent with other city commissions. 15. Consider proposed methodology to study options for addressing temporary off -site advertising signage 16. Request the city attorney to provide an opinion on the number of new housing units required in the Village under the Comprehensive Plan L. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be added to the agenda.) • Mayor and Council Members • Administrator Finance Verbal Update on surface water billing M. ADJOURN MINUTES APPROVED: December 4, 2007 CITY OF LAKE ELMO LAKE ELMO CITY COUNCIL MEETING NOVEMBER 5, 2007 (The meeting date was changed because of the #834 School District Election) Mayor Johnston called the meeting to order a 7 p.m. Everyone joined in the Pledge of Allegiance Present: Mayor Johnston, Council Members DeLapp, Johnson, Park and Smith. Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla, Senior Planner Gozola, Planner Kelli Matzek, City Engineer Griffin, Ryan Stempski and City Clerk Lumby Approval of Agenda: Motion: Council Member Johnson moved approval of the November 5, 2007 agenda as amended with an addendum for hiring of a planning director. Council Member Smith seconded the motion. The motion passed unanimously. Order of business: Mayor reviewed the order of business. APPROVE MINUTES: October 11, 2007 The Council approved the October 11, 2007 minutes by consensus. APPROVE MINUTES: October 16, 2007 The Council approved the October 16, 2007 minutes by consensus. PUBLIC COMMENTS/INQUIRIES: CONSENT AGENDA: Motion: Council Member Johnson moved to approve the consent agenda as presented. Council Member Smith seconded the motion. The motion passed unanimously. • Approve Resolution No. 2007-081 for claims in the amount of $741,636.51 • Approve water system interconnect phase IV project a. Approve change order no. 2 increasing the contract in the amount of $4,816.50 to the revised contract amount of $441,085.23 b. Approve compensating change order no. 3 decreasing the contract amount by $2,145.50 to a total contract amount of $438,930.73 and Payment certificate no. 4 (Final) in the amount of $28,945.66 to be paid from the water system interconnection project fund c, Accepting work for the water system Interconnect Phase IV project; Resolution no. 2007-082 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 2007 Approve Resolution no. 2007-083 adopting assessments for City water connection system interconnect project phase I and II Approve the revised Lake Elmo Firefighter's Fire Relief Association By -Laws as presented Approve purchase of a replacement merry-go-round (whirl ride) for Lions Park in the amount of $3,620.08 (tax & shipping included in price) REGULAR MEETING: Review of Ground Rules The City Council is being asked to review the ground rules that were adopted by the city Council in June, 2007. Mayor Johnston reported the ground rules have been in effect for one year now but at the last Council meeting people heard threats, calling of names and vulgar language which confirmed it has gotten worse not better. He suggested City Council procedures be amended to reflect these. MOTION: Mayor Johnston moved to direct the City Attorney to come back with a proposed ordinance relating to City Council procedures. Council Member Smith seconded the motion. Mayor Johnston and Council Members Johnston, Park and Smith voted in favor. Council Member DeLapp voted against the motion. MOTION: Mayor Johnston moved to ask stafffor recommendation for updating our audio and video system. Council Member Park seconded the motion. Mayor Johnston and Council Members Johnson, Park and Smith voted in favor. Council Member DeLapp voted against the motion Consider approving forced main only ption for the I-94 to 30a' Street Infrastructure Project as presented at the October 16, 2007 city council meeting. Council Member Johnson recused herself from the item because she said there may be a perceived conflict of interest since she owned property on the proposed gravity sewer section along Lake Elmo Avenue and didn't want this perceived conflict to interfere with the City Council's work. Jack Griffin, City Engineer, had presented an in-depth engineering update of the I-94 to 301" Street Infrastructure Project at the October 16, 2007 City Council meeting. He reported that the City Council is being asked to authorize a change in the design of the project to be a forcemain only sewer rather than forecemain/gravity configuration. He explained that the City had already authorized the design for the I-94 to 30t" Street trunk sewer. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 2007 Council Member DeLapp voiced his concerns with the City's plan to run sanitary sewer to the Village in preparation for higher density development he says few residents want. He thought it was foolish for the City to set aside up to $296,000 for detailed design work when so many fundamental decisions about the future of the Old Village, including how many total housing units it will include, have yet to be made. MOTION, Mayor Johnston moved to direct staff to process a change order which would modify the design application on May 15 to a forcemain only option for providing sanitary sewer to the Village, as presented at the October 16, 2007 City Council meeting. Council Member Park seconded the motion. Mayor Johnston and Council Members Parr Smith voted in favor. Council Member DeLapp voted against the motion. Consider a variance application from Frederick Paul for a lakeshore setback variance to permit the construction of a new onsite septic system at 8166 Hill Trail North — RI Zoning City Planner Kelli Matzek reported the City Council is being asked to consider a 20-foot lakeshore variance to permit the construction of a new on -site septic system at 8186 Hill Trail North. This applicant received variances for minor additions to this home which was destroyed by a fire in January of 2007. At that time, it was understood that the septic upgrade could be accommodated in a conforming location on the property. However, it was discovered that the location of the northern property line along with topographical difficulties presented the desired site from being utilized. Neither the DNR nor the Valley Branch Watershed District had any concerns with the application. Motion: Council Member DeLapp moved to approve the requested variance because the applicant meets all related code criteria. This will require findings supporting the hardship on the property which are attached in Resolution no. 2007-084, Council Member Johnson seconded the motion with the staff recommended conditions. The motion passed unanimously. Consider an application from Common Grounds Church to permit the keeping of horses as a component of an existing special use permit for a "place of workshop" Ben Gozola, Senior Planner reported the City Council is being asked to consider a request from Common Grounds Church (10240 Stillwater Blvd. N.) to allow the keeping of horses as a component of an existing special use permit which authorizes a church on this property. The zoning of the property is Public Facilities which allows churches as a conditionally permitted use. Stables or horses are not listed as either permitted or conditionally permitted; and staff recommended denial of the proposed CUP amendment. use. The Council asked staff to consider an interim horse operation as part of the City's pending interim use ordinance. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 2007 MOTION: Mayor Johnston moved to deny the requested CUP amendment as the keeping of horses is not a conditionally permitted use in the PF zoning district and to direct staff to review as quickly as possible an interim use option change to code. Council Member Park seconded the motion. The motion passed unanimously. Consider an ordinance to amend the allowable impervious surface coverage in all OP developments Ben Gozola, Senior Planner reported the City Council is being asked to consider an ordinance to amend the allowable impervious surface coverage in all OP developments. Staff is requesting this change as it has come to its attention that nearly all lots containing a home in this zoning district are nonconforming to the 10 percent impervious surface requirement. Staff provided two options in balancing the purpose of OP developments with the existing nonconforming lots. Staff recommended amending code to clarify that allowable impervious surfaces are calculated based on the gross size of the lot (typical); not the buildable land area and define the terms to clarify enforcement. MOTION: Council Member DeLapp moved to approve Ordinance no. 97-199 which allows impervious surfaces for primary structures and driveways up to 1 S% of the lot area and allow up to 17% of the lot area when factoring in additional impervious surfaces created by accessory uses. Council Member Smith seconded the motion. Mayor Johnston and Council Members Johnson, DeLapp, Smith voted in favor. Council Member Park voted against the motion. Take action to rezone four parcels in accordance with past land use decisions and the comprehensive plan Ben Gozola, Senior Planner, reported the City Council is being asked to consider an ordinance to rezone four parcels in accordance with past land use decisions. The four parcels are: Rockpoint Church currently zoned RR and proposed zoning to PF, City owned land currently zoned RI and proposed zoning to PF and E&E Properties currently zoned A and proposed zoning to Agricultural Business Park Holding District (HD -A -BP) Council Member Smith noted her concern that the drainfield is an illegal use and should not be located there without the final plat and development. This concern was separate and apart from the rezoning. Motion: Council Member DeLapp moved to table the rezonings of these three parcels until the first meeting in January, 2008. Council Member Smith seconded the motion. The motion passed unanimously. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 2007 4 Consider the purchase and installation of a city hall annex and an amendment to the 2007 CIP to cover the costs of the annex and other city hall improvements. Carol Kriegler, Assistant Project Director, reported the City Council is being asked to consider the purchase and installation of an annex to city hall using portable modular space. This would eliminate the current trailer that is leased and provide substantial additional space for city hall users. MOTION: Council Member DeLapp moved to approve the purchase of a city hall annex in the amount of $49, 850 from Modspace and expenditures related to the site preparation, utility work, furniture, and related miscellaneous items in the amount of $10, 975.00; including applicable taxes with the understanding the city complies with the ADA Act. Council Member Johnson seconded the motion. The motion passed unanimously. MOTION: Council Member DeLapp moved to amend the 2007 CIP to eliminate the new city hall project and to replace it with a city hall annex and related city equipment and improvements as follows: - City hall annex structure $49, 850.00 - Annex utility extensions $ 2,475,00 - Annex site preparation $ 3,500.00 - Construction trailer return/ - mise costs $ 3,000.00 - Annex furniture/equipment $10,000.00 - City hall IT upgrades $20,000.00 (All applicable taxes are additional) TOTAL $88, 825.00 Council Member Johnson seconded the motion. The motion passed unanimously. Consider an ordinance amending the date of appointment and termination of planning commissioners to be consistent with other city commissions Sharon Lumby, City Cleric, reported the City Council is being asked to amend the planning commission appointment process to the same process used by other commissions and to assure clarity in the commission appointing process and staggered terms. MOTION: Council Member Johnson moved to adopt Ordinance no. 97-200, An ordinance relating to composition of the Planning Commission. Council Member Smith seconded the motion. Mayor Johnston and Council Members Johnson, Park and Smith voted in favor. Council Member DeLapp voted against the motion. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 2007 Proposed methodology to study options for addressing temporary off -site advertising signage Ben Gozola, Senior Planner reported the City Council identified off -site advertising signage as a matter to study which was in response to seasonal business seeking temporary signage along major roadway and developer/realtors seeing opportunities to direct motorists to their properties. The Council was asked to provide direction on how to handle this issue. Council Members Smith and Johnson questioned how temporary holiday related business signage got included because holiday is a temporary event. Ag grown on your own property could be more long term with business related signage. Council Member DeLapp asked the Council to consider the quality of life uses and consider what is to be attractive along highways. MOTION.' Council Member Johnson moved to craft a mechanism to allow temporary holiday related off -site business signage and agricultural related offsite business signage under certain conditions. Council Member Smith seconded the motion. Mayor Johnston and Council Members Johnson, Park, Smith voted in favor. Council Member DeLapp voted against the motion. Request the city attorneyprovide an opinion on the number of new housing units required in the village under the comprehensive plan City Administrator Susan Hoyt reported the city's adopted comprehensive plan references a required number of new housing units in the Village. A legal opinion on the number of required new housing units by 2030 would clarify this. This number is required for the comprehensive plan development scenario in the AUAR. Mayor Johnston read a statement from Todd Williams, 3025 Lake Elmo Avenue, supporting asking attorney Filla for an opinion as to the number of new homes allowed in the Old Village according to the Comp Pan and the MOU. MOTION: Council Member Johnson moved to ask the city attorney to provide a legal opinion on the number of new housing units required by the city's comprehensive plan and any related legal questions that he might identify as relevant to this topic in the comprehensive plan. Mayor Johnston seconded the motion. Mayor Johnston and Council Members Johnston, Park and Smith voting for the motion and Council Member DeLapp voting against. Iiring of Planning Director City Administrator Susan Hoyt reported she is asking the City Council to hire Kyle Klatt to supervise planning and building dept. at a salary of $75,000 with a starting date on December 10th, 2007. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 2007 MOTION: Council Member Johnson moved to hire Kyle Klatt to supervise the planner and the acting building official at a salary of $75, 000 with starting date of December 10`h. Council Member Park seconded the motion. The motion passed unanimously, REPORTS AND ANNOUNCEMENTS: Finance — reported that surface water billing will go out the first week of December. Mayor Johnston adjourned the meeting at 10:23p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution no. 2007-081 claims Resolution no. 2007-082 accept work for water system Interconnect Phase IV project Resolution no. 2007-083 adopt assessments for city water connection system interconnect project phase I and lI Resolution no. 2007-084 approve variance for Frederick Paul, 816 Hill Trail N. Ordinance no. 97-199 Impervious surface coverage in all OP developments Ordinance no. 97-200 relating to composition of the Planning Commission LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 5, 2007