HomeMy WebLinkAbout06-06-00 CCMMINUTES APPROVED: NNE 20, 2000
LAKE ELMO CITY COUNCIL MINUTES
June 6, 2000
1. AGENDA
2. Minutes: May 2, 2000
Minutes: May 16, 2000
3. CLAIMS
4, PUBLIC INOUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Continuation of petition for vacation of unimproved right-of-way (Lisbon 25'h St.) (MOVED
FROM 4B to 8B).
B. Thank you letter to the Maintenance Department (ADDED)
5. CONSENT AGENDA:
6. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Department Activities: Chief Malmquist (ADDED)
B. Arbor Day (ADDED)
7. CITY ENGINEER'S REPORT:
A. Dead trees on 30i' Street (ADDED)
8. PLANNING, LAND USE & ZONING:
A. Waiver from the Public Facility Moratorium to build a Two Stall Garage & Security Wall:
Carmelite Sisters
B. Continuation of Public Hearing for Vacation of Unimproved Portion of 251° Street within Eden
Park
C. 2000-2020 Comprehensive Plan Update (Old Village Planning Area)
D. Amendment to Conditional Use Permit: Animal Inn (Tauer)
E. Amendments to Tower Ordinance
F. Request for Extension;Leslie's Floor Ddcor
G. Cennex Service Station (ADDED)
9. CITY ATTORNEY'S REPORT:
A. Update on Creative Office Gardens (ADDED)
10. CITY COUNCIL REPORTS:
11. UNFINISHED BUSINESS:
k. Letter asking for extension to June 20 Council meeting by D&T Development/Tjosvold Open Space
Concept Plan
12. NEW BUSINESS:
A. Enforcement
13. CITY ADMINISTRATOR'S REPORT:
A. CSAH13 Plans, Agreement for Maintenance,
B. Hill Trail N. Improvements
C. Amendment to VBWD 1995 Water Management Plan
D. School Speed Limit
E. Letter on Tax Abatement (ADDED)
Mayor Hunt called the Council meeting to order at 7:00 pan. in the Council chambers. PRESENT: Hunt,
Dunn, Armstrong, DeLapp, Administrator Kueffner, City Attorney Filla, City Engineer Prow and City
Planner Dillerud. ABSENT: Council member Siedow
1. AGENDA
M/S/P Dunn/Armstrong — to approve the June 6, 2000 City Council agenda, as amended. (Motion passed
4-0.)
2. MINUTES: May 16, 2000
M/S/P DeLapp/Dunn — to approve the May 16, 2000 City Council minutes, as amended. (Motion passed 4-
0)
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 2000
MINUTES: May 2, 2000
M/S/P DeLapp/Armstrong — to approve the May 2, 2000 City Council minutes, as amended. (Motion
passed 4-0).
3. CLAIMS
M/S/P Dunn/Armstrong — to approve the June 6, 2000 Claims (31 checks) in the amount of $13,076.06, as
presented. (Motion passed 4-0).
4. PUBLIC INOUIRIESANFORMATIONAL:
A. Public Inquiries
Michele Bachmann introduced herself as the newly endorsed candidate for Senate (56C) and extended an
invitation to meet with the Council.
Deterioration of 15'h Street:
Corryl Jeske, 8996 15'" Street N., explained 15'h Street is deteriorating. There are only eight residents
living on this road. Traffic is generated by Linder's Greenhouse from 6 a.m. to midnight with belly
dumpers, cement trucks, 18-wheelers. Trucks leave refrigerator unit running while parked. She asked the
Council to require Linder's to follow the conditions stated in its Conditional Use Permit
Administrator Kueffner responded that Maintenance Foreman Dan Olinger has asked the County to grade
the road more often and is looking at the feasibility of a chip seal overlay project for 15`h Street. The City
needs an assessment of the road to determine if it is beyond repair. This paragraph will be copied to Dan
and the City Engineer and ask them to inspect the street and compare to regulations within Linder's CUP
and to do a traffic count. Linder's will be notified that it is illegal to park semi -trailers and let them run.
This issue will be added to the next Council agenda
John Nicholson, 8975 15" Street, asked if the hours of Linder's Greenhouse operation could be reviewed.
The Administrator will copy the CUP and notify the eight residents of council meeting date.
Fire Department Study Committee:
Doug Pepin, 9571 , Street, stated in February issues were raised for the Fire Dept. Advisory committee
to address. The committee has only met once because three meetings have been cancelled and will not meet
the report deadline of June 1. He recommended heat be placed on this committee or abolish the committee
and ask the Fire Department officers to deal with issues.
Administrator Kueffner has worked with Fire Chief Greg Malmquist on a draft policy document, which has
been sent to the Chief and Assistant Chiefs for their comments. Fire Dept. Study Committee meetings are
scheduled for June loth and 17'".
M/S/P DeLapp/Dunn - Due to circumstances, the Council postpone receipt of Fire Dept. Study
Committee's requirement of June I to sending the Policy document for a July Council meeting. (Motion
passed 4-0.)
B. Thank Your Letter to Maintenance Department
Administrator Kueffner received a letter and donation from resident thanking Lake Elmo Public Works for
the fine effort in picking up brush and to use the funds for an employee picnic.
5. CONSENT AGENDA: none
6. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Department Activities: Chief Malmquist
Fire Chief Greg Malmquist voiced his frustration on timing by the Fire Dept. Study Committee. There is
no citizen from Lake Elmo serving on the committee, which Greg thought was included in the Council's
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 2000 2
motion. Mayor Hunt thought perhaps a member of the public could serve, but wanted to see what the
feeling is of the committee if it needs more people. All meetings are open to the public and the agenda is
published on website and on cable.
Chief Malmquist gave his update on Fire Dept, activities
B. Arbor Day
Mayor Hunt asked that Mike Bouthilet be reminded of Arbor Day, with a possible June Arbor Day
Proclamation.
C. Planning Commission Application
Council member DeLapp stated the Council has not acted on Diane Taylor's application to the Planning
Commission.
7. CITY ENGINEER'S REPORT:
A. Dead trees on 30 Street
Tom Prew stated the 29 dead trees along 30°i Street are under warranty so they will be replaced.
8. PLANNING, LAND USE & ZONING:
A. Carmelite Sisters — Request for waiver of the Public Facility Moratorium
Leo McGough, on behalf of the Carmelite Sisters, requested a waiver of the PF Moratorium to permit
construction of storage and fencing on the monastery site at 8251 DeMontreville Trail. In his letter Mr.
McGough cited safety and security issues related to both proposed site improvements. By approval of the
waiver, no specific building and zoning approvals for the actual construction are implied. When complete
plans for the improvements are submitted to the City, they will be reviewed for compliance with the
applicable Building and Zoning Code requirements of the City.
M/S/P DeLapp/Dunn - to approve waiver of the PF moratorium for construction of a garage and fence at
the Carmelite Monastery, 8251 DeMontreville Trail, based on a Finding that such waiver is exclusively
responsive to safety and security requirements of the existing use, with no increase in that use to result.
(Motion passed 4-0.)
B. Continuation of Public Hearing for Vacation of Unimproved Portion of 25°i Street within Eden
Park
As directed by the City Council, the City Administrator completed a comprehensive review of the Eden
Park Development, specifically as it relates to the unimproved portion of Lisbon Avenue. Gay Van Pelt
sent the City a memo outlining the events that have led up to this point. Administrator Kueffner clarified a
few issues in her review.
Gary Johnson stated he would have piece of mind if the access was left there so he could have options
when, and if, he should develop. He is concerned about the safety of future residents of Lake Elmo.
He would like to have lots for his two sons, but don't know if they want to live there. An option could be to
ran loops for roads with each development.
Wyn John stated the right-of-way in a city is considered an asset and do not lightly give away until you
consider long term planning.
Scott McDonald, representing Dorothy Augustine, stated there is no pressure from Mrs. Augustine as a
developer. She doesn't want to be deprived access, but would like to keep options open. Vacating the street
would be going against staff recommendations.
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 2000 3
Tim Freeman, developer representative for Heritage Farm, talked to Bruce Folz who helped develop Eden
Park and there were no ulterior plans other than for future roadway. The topography has a high area and
then low making it difficult to get through to Manning, compounded with buildings. Even with the
buildings gone, it's too narrow to make a roadway. This location is a difficult one because of the site
distance. Would not get approval by Washington County for a road. Have to look at how would this
property be reasonably developed. No one is proposing to build a road. Have options if you don't vacate.
Tim Mandel stated there is a process in code for vacating easements. If the road easements make no sense,
then get rid of them. Placing a road would ruin the neighborhood. He wants to keep strong property values.
Tracy Little, Heritage Farm resident, concerned on an outlet off the north side. The outlet would spoil the
rural setting, open space, and quality of life. He was not aware this was a consideration at this time. A road
would endanger the children playing because the roads are narrow.
Administrator Kueffner stated the road easement is already there. The Council did discuss posting this road
for future extension, but did not make this a requirement. There is no proposal by Mr. Johnson to develop.
He wants to keep fanning, but at the same time keep access to his property.
Brian Billingsly, Heritage Farm resident, did not know about the proposed road extension. The residents
should be informed and is not in favor of connecting the streets.
Mayor Hunt closed the public hearing at 8:30 p.m.
Council member Dunn stated she is a proponent of vacating this street and the children's safety in Heritage
Farm and Eden Park. Even with the street vacation, an access still can be maintained for the area.
Council member Armstrong stated Augustine's farm is a beautiful piece of land. The City should not
assume other people would want to attach to neighbor's land. There is adequate roadway from Legion
Avenue from the Henning property and would favor vacating this road.
Council member DeLapp pointed out the comp plan is not done. The zoning now allows two houses on the
property and they already have two houses. By ghost platting, we can make better developments.
Attorney Filla suggested surveying the portion of Lisbon being vacated so the Council can accurately
describe it in a resolution for approval. The City may find that the paved area in the right-of-way could be
encroaching on other property, which could be attached to additional property owners.
M/S/P DeLapp/Dunn — to survey the portion of Lisbon Avenue south of 25"' street easement section and
25"' street to the east to be vacated, create a resolution that accurately describes unimproved portion of
Lisbon and 25"' Street, and the cul-de-sac, and bring back to the June 201h meeting or the July 18"' meeting
based on these street easements have not been exercised in 3 years, there was not a demonstrated need to
serve as a public service, and the Johnson adjoining property could be adequately served by alternate
accesses. (Motion passed 4-0.)
The City will pay for the cost of the survey because if the roads are not in place, the City should have to
pay for the correction. Tom Prew thought there might be enough markings so a survey may not be needed.
C. 2000-2010 Comprehensive Plan Update (old village planning area)
Council member Dunn did not want to double or triple the Old Village and was cautious when the City
talks high densities. The Old Village should be looked at as it exists, review variances needed for people to
expand, and then decide how should City handle them. The Council should look at the MN design team
video. The thought was not to double population in the Old Village proper and wasn't putting 1200 people
in this area to make the Met Council happy. Wants to stay a freestanding community.
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 2000 4
Council member Armstrong had a problem with it being too dense. She remembered there were water
problems and septic problems and needed assurance that these concerns were taken of. We are not saying
that we are self-sustaining here in Lake Elmo. This should be called a concept and look at the MN Design
tape because this was the impetus that started all of this.
Mayor Hunt stated the PZ actually generated more housing units than VC plan. We want to retain the core
of the City and are closer with the Village Commission plan.
Council member DeLapp suggested we take plans and move density inside and see how it can be split up
between residential and commercial.
M/S/P DeLapp/Dunn — to call a workshop for Monday, June 12, 5 p.m. invite VC, PZ to view MN Design
Team video and discuss direction and have the video broadcast earlier on cable. (Motion passed 4-0.)
D. Amendment to Conditional Use Permit - Tauer (Animal Inn)
Planner Dillerud reported the Planning Commission recommended to approve an amendment to the
Conditional Use Permit for the present owners (Tauer) of the boarding and (former) crematorium facilities
of the Animal Inn complex to allow an increase in the dog boarding capacity from the current 117 to a total
of 150 in two separate facilities. The existing boarding facility would remain permitted at 117 dogs, and
the new (indoors only) facility would house 33 dogs at capacity. The former crematorium facility has been
converted to equipment storage shed on the site of the proposed new boarding facility. One condition of
the CUP amendment is that the CUP for the crematorium is considered void with the right of use
extinguished.
Council Armstrong brought up her concern on the barking complaint. Mr. Tauer explained the new
building and the evergreens should cut the noise down.
M/S/P Dunn/Armstrong — to adopt Resolution No. 2000-020 amending Resolution Nos. 84-66, 85-6
Granting a Conditional Use Permit to Donald and Joan Tauer for the operation of the Animal Inn, as
amended (correct spelling and submit legal description.) (Motion passed 4-0.)
E. Amendments to Tower Ordinance
At its May 22, 2000 meeting, the Planning Commission adopted a recommendation to approve a
Commission initiated amendment to the Zoning Code to allow and regulate amateur radio towers and
similar private structures.
M/S/P Dunn/Armstrong - to approve deleting 3c. Television antennas and satellite dish receivers based
upon the City does not want to require a CUP for every television antenna or satellite dish installed.,
(Motion passed 4-0.)
Attorney Filla pointed out there is nothing in the zoning district that identifies towers as an accessory use.
Design is not out of the ordinary as a feature. You are creating a use category, not in the section of height.
Filla will fax over ordinance from other cities, which will be given to Chairman Tom Armstrong.
M/S/P Dunn/Armstrong — to ask the Planning Commission to take into consider comments made by
Attorney Filla and review tower ordinances submitted, and bring back to council when it is ready. (Motion
passed 4-0.)
F. Request for extension Leslie Floor Ddcor
M/S/P DeLapp/Armstrong — to approve the request by Richard Kosman, Leslie Floor Ddcor for an
extension of his appeal to the June 20 City Council meeting. (Motion passed 4-0.)
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 2000 5
G. Cenex Service Station
Council member DeLapp referred to Section 300-97F, Business activities not listed in the definition of
service station in this section are not permitted on the premise of a service station unless a permit is
obtained specifically for the business. Th activities include (1) automatic card and truck wash, (b) rental of
vehicles, equipment or trailers and (c) general retail sales. Cenex doesn't have a permit and this is a
polluted site.
Planner Dillerud pointed out the Council approved the site plan with a car wash on it. DeLapp responded if
you have an existing station, you cannot add car wash or a convenience store without a permit. Council
member Dunn had concern on noise of the dryers in the car wash. There is a need to look at Noise
standards.
Attorney Filla explained, if you look at their permit, what they are doing is permitted or permitted as an
accessory use. The City can clean up definition 300-97F and allowed uses within HB.
M/S/P DeLapp/Armstrong - to review uses allowed in various zoning districts. (Motion passed 4-0).
9. CITY ATTORNEY'S REPORT:
A. Update on Creative Office Gardens
Attorney Filla had a meeting with Building Official Jim McNamara, Administrator Kueffner and Steve
Erban, who indicated he would extend the wall as submitted in plans to the Council, or come back with a
more landscape plan at the next meeting. Erban would extend the wall and put a door in it. He would also
take care of the chiropractor sign. Dunn called the City regarding the cars travelling westerly on Highway
5 creating at night a row of lights that hit the windows creating a glare and making it look like an
intersecting road. Mr. Erban would build a wall to connect the corners of the bldg. or the alternative of a
treatment that is more pleasing.
10. CITY COUNCIL REPORTS:
Mayor Hunt received calls on the uneven sidewalks in the Old Village. The city needs a policy to enforce
sidewalk maintenance. When you walk the Old Village, we need policy for trash bins in the village plan.
The LE Business Assoc. is working on a brochure to be given out to new residents with listing of business
and services within the City. Advertising supports cost of the brochure. Distribution will be through City
Hall, schools, and businesses. The City has an opportunity to submit welcome packet information to be
included.
Regarding the May 16 Council minutes, Council member Dunn asked if there was any follow up done on
Mr. May's request for a bike trail. Administrator Kueffner had the following questions: Do we want to
provide or maintain an access. Is there only one place to connect. Do we have an easement.
The Lake Elmo Horse Emporium has been sold to a Heating and Air Conditioning Company.
Lake Elmo Minnhealth Clinic will be closed July I't.
Media One has installed cable TV along 150' Street. Lake Elmo resident, Eric Lipman, was selected as the
Republican Party's endorsed candidate to succeed Peg Larsen in the MN House of Representatives.
11. UNFINISHED BUSINESS:
k. D&T Development/Tjosvold-Zehrer Open Space Concept P1an:Letter asking for extension to June
20 meeting
M/S/P Dunn/Armstrong - to postpone request by Cardinal Homes for D.T. Development/Tjosvold/Zerhrer
Open Space Concept Plan until the June 20"' Council meeting. (Motion passed 4-0.)
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 2000 6
12.
A. Enforcement:
Council member DeLapp indicated there is between 700-800 trucks a day coming in and out of the Shafer
Mining site. Washington County doesn't allow work on Saturdays. Lake Elmo's code does not permit for
heavy equipment work on Saturdays. Administrator Kueffner explained under Mining in the code it states
they can operate on Saturday and the CUP states they have to comply with section 900 Mining. Attorney
Filla indicated the City could limit mining activity based on health, safety and welfare.
M/S/P DeLapp/Armstrong — to send to PZ to change the hours of operation in Section 900 Mining and
reference Washington County's Mining ordinance. The City staff will investigate any limitations, hours,
noise, safety, can or should be placed on the two existing mining operations in the City. (Motion passed 4-
0)
Under NEW BUSINESS add the following items: How do we deal with minor issues of enforcement?
Noise standards for service station dryers and limit hours of operation.
13. CITY ADMINISTRATOR'S REPORT:
A. County Road 13: (1) Signal Justification
(2) Maintenance Agreement
(3) Approval of Plans and Specifications
Tom Prew had a concern if the County's plan was in accordance with our code on lighting. We did not ask
for this 4-lane road. Washington County came in and said this is the road they are going to put in.
M/S/P Dunn/Armstrong — that the Council does not agree with the signal justification because the
justification does not exist and the Council believes that the existing road design is flawed, there are
potions to work the majority of the traffic which goes from Oakdale to Woodbury to other roads in the area
(divert traffic over 4t' Street and Hehno), the proposed Bielenburg bridge that both Oakdale and Woodbury
indicate would greatly relieve the issues, would take the traffic away from Lake Elmo. (Motion passed 4-0.)
B. Hill Trail North Improvement
On May 5, 1998, the Council approved the 1998 Overlay projects with the exception of Hill Trail North.
The Council wanted the City Engineer to visit with residents (Dean, Isaacson, and Purrington) all of whom
raise concerns with drainage problems. Administrator Kueffner asked for Council direction to proceed as
previously directed, which is to solicit estimates for a survey, and talk with the residents that had expressed
concern over drainage problems, and landscaping issue.
M S/P Dunn/DeLapp — to direct the staff to reactivate the Hill Trail North improvement, and invite the
residents to discuss results and request a legal survey of the right-of-way determined by staff based on the
identified needs. (overlay out all the way to the island).(Motion passed 4-0.)
C. Amendment to VBWD 1995 Water Management Plan
The Council received a copy of the above referenced amendment. Dave Buchek, VBWD Manager, will
attend the June 20 Council meeting to discuss the proposed amendments.
D. School Speed Limit
The City received a letter on the proposed changes to existing TH5 crosswalk signing at Lake Elmo
Elementary School from Ed Brown MnDot. What was determined at the meeting between representative
of ISD 834 and Jolene Servatius, MnDOT traffic analyst, was that a school speed limit is no longer
warranted. Factors in this determination include the lack of daily crosswalk use, students are no longer in
the immediate vicinity of traffic while waiting for crossing guards and Minnesota's statute requiring traffic
to stop for pedestrian in crosswalks. Therefore, they plan to remove the school speed limit signing and
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 2000 7
flashers. Removal of the school speed limit signs greatly improve the visibility of other crosswalk related
signing, especially for eastbound traffic by allowing better spacing of the signs.
The Council concurred with MnDOTs action because it appeared to be a substantial improvement to the
area.
E. Tax Abatement Memo — INFORMATIONAL
The City Administrator submitted a Tax Abatement memo and if we are going to do something we have to
get on it. The Council should get its comments to the Administrator to put on next agenda.
Council Adjourn the meeting at 11:55 p.m.
Respectfully Submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2000-020 Approving CUP to Donald and Joan Tuner for the operation of the Animal Inn
LAKE ELMO CITY COUNCIL MINUTES JUNE 6, 2000 8
Mayor:
Lee Hunt
Lake Elmo City Council
Councilmembers:
3800 Laverne A*enue No.
Steve DeLapp
Tuesday
Lake Elmo, MN 55042
Susan Dunn
777-5510 777-9615 (fax)
Rosemary Armstrong
June 6, 20O0
LakeElmoMK@aol.com
Chuck Siedow
E-Mail
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 infonnation 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 infonnation 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.
Agenda
City Council Meeting Convenes 7:00 PM '
Pledge of Allegiance
1. Agenda
2. Minutes
May 2, 2000
May 16, 2000
3. Claims
4. PUBLIC INQUIRIES/INFORMATIONAL-
A. Public Inquiries
B. Continuation of petition for vacation of
unimproved right-of-way (Lisbon & 251"
St.)
5. CONSENT AGENDA:
6. MAINTENANCE/PARK/FIRE/BUILDING
7. CITY ENGINEER'S REPORT:
Tom Prew
8. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Waiver from the Public Facility
Moratorium to build aTwo Stall Garage
& Security Wall: Carmelite Sisters
B. 2000-2020 Comprehensive Plan Update
(Old Village Planning Area)
C. Amendment to Conditional Use
Permit:Animal Inn (Tauer)
D. Amendments to Tower Ordinance
E. Request for Extension: Leslie's Floor
Decor
Lake Elmo City Council Agenda
June 6, 2000
Page 2
9. CITY ATTORNEY'S REPORT:
10. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Armstrong
E. Council Member Siedow
11. UNFINISHED BUSINESS:
A. Trail Maintenance Policy
B. Contract for Building Inspection
Services (1-5-99)
C. Lake Elmo Diary:Add to Work Plan
D. Upgrade of City Hall
E. Street Names (3-8-2000)
F. Set up retreat workshop (3-8-2000)
G. Open Space Zoning Ordinance
Amendments
H. Animal Control Ordinance (4-4-2000)
I. Policy on reimbursement for city
business calls on personal cell phones
(4-4-2000)
J. Fire Dept. By -Law changes
K. D&T Development/Tjosvold-Zehrer
Open Space Concept Plan:Letter asking
for extension to June 201" CC meeting
12. NEW BUSINESS:
13. CITY ADMINISTRATOR'S REPORT
A. CSAH13 Plans, Agreement for
Maintenance,
B. Hill Trail N. Improvements
C. Amendment to VBWD 1995 Water
Management Plan
D. School Speed Limit
July 4rh Council Meeting has been
cancelled