HomeMy WebLinkAbout09-05-00 CCMMINUTES APPROVED: September 19, 2000
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 5, 2000
1. AGENDA
2. MINUTES: August 15, 2000
3. CLAIMS
4. PUBLIC INOUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES
B. Resolution adopting 2001 Budtlet
C. 4-Way Stop Sign request at 15� St. and Inwood Ave.
D. VBWD Vacancy
E. "Children at Play Sign" requests at Tamarack Farm Estates and Homestead
Request from Heritage Farm to close Lisbon Avenue for a one -day block party
5. NEW BUSINESS:
6. CONSENT AGENDA:
A. Appointment to Parks Commission
B. Appointment to Planning Commission
C. Reschedule November 7 Council Meeting
7. MAINTENANCE/PARK/FIRE/BUILDING: None
8. CITY ENGINEER'S REPORT:
A. Prairie Hamlet Escrow Reduction
9. PLANNING, LAND USE & ZONING:
A. Rezone RR to AG (G. Peltier)
B. OP Development Stage Plan, Preliminary Plat and Conditional Use Permit:
D&T Development (Cardinal Ridge)
C. PF Ordinance
D. Conditional Use Permit: Non Ag Use Low Impact: Tom Armstrong
E. Subdivision Waiver (Simple Lot Division) Richard Hesse
F. Wildflower Shores — Drainage/Infrastructure Issues
10. CITY ATTORNEY'S REPORT:
11. CITY COUNCIL REPORTS:
12. UNFINISHED BUSINESS:
13. CITY ADMINISTRATOR'S REPORT:
A. Brown's Creek Watershed District Second Generation Plan
B. Resolution of City's Participation in `Building Better Communities" Program
C. Update on problem at Parkview Estates
Mayor Hunt called the meeting to order at 7:00 p.m. in the Council Chambers.
PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp (arrived at 8:20 p.m.), Finance
Director Banister, City Attorney Filla, City Engineer Prew, City Planner Dillerud and
Administrator Kueffner
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000
1. AGENDA
M/S/P Siedow/Armstrong — to approve the September 5, 2000 City Council agenda, as
amended. (Motion passed 4-0)
2. MINUTES: August 15, 2000
M/S/P Armstrong/Dunn — to approve the August 15, 2000 City Council minutes, as
amended. (Motion passed 4-0)
3. CLAIMS
M/S/P Dunn/Armstrong — to adopt Resolution No 2000-037, approving September 5,
2000 Claims #17964 through 418006 in the amount of $162,395.14, (Motion passed 4-0.)
4. PUBLIC INOUIRIES/INFORMATIONAL:
A. Public Inquiries
Gloria Knoblauch asked that the total general fund levy be announced to Lake Elmo
residents. This information will be published in the City's newsletter.
Mayor Hunt read the card from Rae Kuperschmidt, Legion Ave., thanking the
maintenance crew and City for cleaning up storm damage. The Council thanked Dan
Olinger and Greg Malmquist for their work and time spent clearing storm damage.
B. Resolution adopting 2001 budget
M/S/P Dunn/Siedow - to adopt Resolution 2000-038, A Resolution approving the
proposed 2000 tax levy, collectible in 2001 and called a public hearing for Thursday,
November 30, 5:30 p.m. for proposed budget. (Motion passed 4-0).
M/S/P Siedow/Armstrong — to adopt Resolution No. 2000-039, A Resolution relating to
the City of Lake Elmo's tax rate authorization for the Year 2001. (Motion passed 4-0).
C. 4-Way Stop Sign Request at 15th Street and Inwood Avenue (CR13)
Lil Linder, a resident on the unimproved portion of 15th St., requested that we consider a
4-way stop sign at this intersection and gave her reasons for this request. The staff will
contact the County Highway Dept. regarding the possibility of making this intersection a
4-way stop.
M/S/P Armstrong/Dunn — to direct the City Engineer to do a traffic and sight distance
study and come back with a course of action for the September 19th Council meeting.
(Motion passed 4-0).
D. VBWD Vacancy
The term of Dale Borash, West Lakeland Township, on the VBWD expires on November
13, 2000.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000
Any Lake Elmo resident who wishes further information on the nature of duties involved
or obtaining an application, can contact City Hall or President Dave Bucheck.
E. "Children at Play Sign" request in Tamarack Farm Estates, Homestead
development.
Request from Heritage Farm to close Lisbon Avenue for a one -day block party
M/S/P Dunn/Armstrong — to direct the Maintenance Foreman and City Engineer to
review requests, visit the sites, and determine if a temporary sign is necessary and placed
prior to the Parade of Homes. (Motion passed 4-0.)
5. NEW BUSINESS
6. CONSENT AGENDA
A. Appointment to Planning Commission
M/S/P Armstrong/Siedow — to appoint Mark Deziel, 8036 501h St., as Second Alternate to
the Planning Commission. (Motion passed 4-0).
B. Appointment to Parks Commission
M/S/P Armstrong/Siedow - to appoint Mike Tate, 11588 200i St. N., to the Lake Elmo
Parks Commission. (Motion passed 4-0.)
D. Reschedule November 7 City Council Meeting
M/S/P Armstrong/Siedow — due to the General Election on November 7, the City Council
reschedule the November 7 Council meeting to Wednesday, November 8, 7 p.m. to
canvass election results. (Motion passed 4-0).
7. MAINTENANCE/PARK/FIRE/BUILDING: None
8. CITY ENGINEER'S REPORT:
A. Prairie Hamlet Escrow Reduction
Tom Prew reported that although the improvements are complete, there are still problems
with the landscaping not matching the plan. Also, there is a problem with the trail system
being incomplete.
M/S/P Dunn/Siedow — to recommend no escrow reduction for Prairie Hamlet because the
landscape and specific items the Council requested were not done per plan. (Motion
passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000
9. PLANNING, LAND USE & ZONING:
A. Rezone RR to AG (G. Peltier)
Gene Peltier is requesting a rezone for approximately 120 acres in the northwest quadrant
of Lake Elmo Avenue and I-94 from RR (Rural Residential) to AG (Agricultural). At its
August 28 meeting, the Planning Commission recommended approval of the application
based on a Finding that the AG zoning is more restrictive than RR; and, that AG zoning
is equally consistent with the RAD land use designation of the Comprehensive Plan.
M/S/P Dunn/Armstrong — to adopt Ordinance 9760, amending the Lake Elmo Zoning
Map to change the classification from RR (Rural Residential) to AG (Agricultural) of the
described 120 acres in the Northwest quadrant of Lake Elmo Avenue and I-94 based on
compliance of the rezoning with the Comprehensive Plan. (Motion passed 4-0).
B. OP Development Stage Plan, Preliminary Plat and CUP: D&T development
(Cardinal Ridge)
This is an OP project for a 40 acre site east of Parkview Estates and North of 15th Street
resulting in 16 new single family detached building lots and the one existing residence.
Existing accessory structures would be relocated onto one of the Preserved Open Space
outlots. The Planning Commission recommended approval based on findings of
compliance with the standards of the OP section of the Zoning Ordinance and the
findings required for a Conditional Use Permit. The OP Development Stage Plan reflects
the approved OP Concept Stage Plan, including the conditions.
Tim Freeman reported 16th Street would be 18' wide and the applicant was in favor of
putting money up front for paving of 15th Street N. The ponds would be maintained by
the Homeowners Assoc.
M/S/P Siedow/Hunt — to adopt Resolution No. 2000-040 approving the OP Development
Stage Plan, Preliminary Plat, and Conditional Use Permit for Cardinal Ridge, based on
the recommendation of the Planning Commission. (Motion passed 3-1:Armstrong:The
applicant got 2 bonuses for the Village Green, didn't like the proposed Village Green or
the divided streets.)
C. PF ordinance
Peter Beck, Gray, Plant, Mooty, provided a letter on behalf of the Churches which own
property in the City indicating their continuing concerns with respect to the proposed PF
ordinance. Beck pointed out the primary concern with the ordinance continues to be the
maximum lot size and overly restrictive impervious surface and buffer yard requirements.
In his opinion, the ordinance will keep all new churches out of the City and prevent
existing churches from expanding to meet the needs of the community. He reminded the
City that the PF Ordinance would affect them when it wants to build a maintenance
building or City Hall.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000
There was council consensus to use the Impact Zoning as a potential alternative.
M/S/P Siedow/Armstrong — to adopt Ordinance No. 9762, amending Section 300 of the
City Code (Zoning) regarding standards of the PF (Public Facilities) Zoning District,
based on the recommendation of the Planning Commission. There was Council
consensus to use Impact Zoning as a potential overlay. (Motion passed 5-0).
M/S/P Siedow/Armstrong — to adopt Ordinance No. 9761, amending Section 150 of the
City Code (Definition of Place of Worship) (Motion passed 5-0.)
D. Conditional Use permit: Non Ag use low impact: Tom Armstrong
Thomas G., Thomas P. and Jodi M. Armstrong, feeowners of approximately 264.6 acres
of land, have requested a Conditional Use Permit, which would specifically apply to
approximately 10 acres of the applicant's property (the CUP area) as illustrated in Exhibit
13, to utilize the CUP area for certain Non-Ag Low Impact Uses, subject to the city's
regulations. A portion of the specified site (6.26 acres with 47,800 sq.ft. of existing
structures) exists as a legal non -conforming use responsive to an ordinance of similar
intent and purpose that was repealed in 1987. This application is responsive to the new
Ordinance No. 9757, adopted by the Council on July 18, 2000.
At its August 28 meeting, the Planning Commission recommended approving this
application for a Conditional Use Permit for a Non -Agricultural Low Impact Use
(Commercial Storage) on a specified site of 10 acres within a committed total site of
264.6 acres. At the 1.5% impervious surface coverage allowable by the ordinance, as
much as 172,500 sq.ft. of structure would be possible, but the applicants have shown a
total of 95,500 sq.ft. of existing/future structures on their plan.
M/S/P Dunn/Siedow — to adopt Resolution No 2000-041, as amended, approving a
Conditional Use Permit for Non -Agricultural Low Impact Use for Thomas G., Thomas P.
and Jodi Armstrong, subject to Conditions and based on the recommendation of the
Planning Commission. (Motion passed 4-0:Armstrong:abstain.)
E. Sudivision waiver (Simple Lot Division) Richard Hesse
Richard Hesse is requesting to divide 5 acres from a 27 % acre parcel; and combine that 5
acres with an existing 5 acre parcel located on the opposite side of 50a' St. N. At its
August 28, 2000 meeting, the Planning Commission adopted a recommendation to
approve this application indicating one of the advantages of the proposal was reducing
non -conformity of the existing 5 acre parcel south of 50t" St. (where there are accessory
structures, but no principal structure) by combining it with the 5 acre portion north of
50th, which does have a residence. The City Attorney, in his letter dated August 11,
advised against the action acknowledging the unusual nature of the proposal. The City
Planner suggested that a Covenant recorded on each of the 5-acre tax parcels could
preclude the sale of either without the other, thus preserving the 10-acre zoning parcel
status over time.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000
M/S/P DeLapp/Siedow - to adopt Resolution 2000-042, approving the subdivision
waiver for Richad Hesse creating a 10 acre parcel, upon the condition that a Covenant be
recorded on each 5 acre tax parcel precluding sale of either parcel separately. (Motion
passed 5-0).
F.Wildflower Shores - Drainage/Infrastructure Issues
Planner Dillerud reported this matter appeared in the Council's August 15 agenda packet.
The administrator requested removal of the item from that agenda, as was requested by
Rehbein representatives prior to the meeting. Rehbein requested the City Administrator,
City Attorney, and City Planner met with Mr. McCully and Mr. Vargo of Rehbein on
August 21, 2000.
At that meeting Rehbein presented documentation to staff that they continue to maintain
is the historic basis for the Rehbein claim for a reimbursement of $37,687 for storm water
infrastructure improvements they have constructed within the Wildflower Shores Plat.
Staff advised the Rehbein representative that the City staff position, as reflected in
August 15 memo to the Council, has not changed. This matter would be placed on the
September 5 Council agenda at which time Rehbein would discuss the issues directly
with the Council.
City staff recommended disposition of this issue in the manner outlined by the Memo to
the Council of August 15. There has been no specific approval of the storm water
improvement made by Rehbein to be reimbursable by the City, either within or outside of
the Joint Powers Agreement. Rehbein made a decision to proceed with that improvement
with full knowledge of the term of the Joint Powers Agreement. The claim that the City
staff took so long to address the Rehbein proposal is void in the context of a development
that has taken 4 years and still not complete. Delayed response is not the same as
approval
M/S/P Armstrong/Siedow - To initiate the process to amend the Joint Powers Agreement
with Valley Branch Watershed District and Oakdale regarding stormwater drainage to
include portion of the Wildflower Shores plat. (Motion passed 5-0.)
M/S/P Armstrong/Siedow - To accept a City drainage easement over Outlot E, with the
nurp pond on it, of Wildflower Shores. (Motion passed 4-0).
M/S/P Siedow/DeLapp — to confirm staff s position on the request to not approve
reimbursement for stormwater improvements within Wildflower Shores. (Motion passed
5-0.)
10. CITY ATTORNEY'S REPORT: None
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000
11. CITY COUNCIL REPORTS:
Council member Dunn attended the VBWD meeting and gave the City a copy of the
management plan. She thanked staff for alerting residents of the public hearing on the
website and cable. Dunn asked that the issue of less density -1 per 4, be referred back to
the Planning Commission.
The Council thanked the person offering service with the grapple truck and our
maintenance crew and fire dept. in clearing storm damage. If Sam's Club wants to do
something for the City, they could sponsor a tree -planting program.
Council member Armstrong talked to County Commissioner Bill Pulkrabek about the
roundabout proposal. The City staff has a meeting with County on Thursday to discuss
street improvements.
Administrator Kueffner will send the VBWD a letter indicating the City would cooperate
with cablecasting their meetings.
12.
13. CITY ADMINISTRATOR'S REPORT:
A. Brown's Creek Watershed District Second Generating Plan
The Administrator asked if the City Engineer or Council had any comments on the above
plan.
B. Resolution of City's participation in "Building Better Communities Program"
Building Quality Communities was the theme of the League of Minnesota Cities new
education campaign launched in June at its Annual Conference. Its focus is to enhance
the image of cities and City officials; to reinvigorate and increase citizen participation in
their City government; and to instill a sense of pride in public service, inspiring young
people to see careers in City government. Administrator Kueffner recommended adoption
of the resolution which commits Lake Elmo to join in the "Minnesota Cities" Building
Quality Communities" statewide education effort in cooperation with fellow members of
the League of Minnesota Cities.
The Council asked to look at volunteers, such as a residents' group, families, student
participation, to spearhead this program, which could be advertised in the newsletter.
M/S/P Dunn/Siedow — to adopt resolution 2000-043, A Resolution supporting Minnesota
Cities Building Quality Communities and declaring October 8 through October 14 as
Minnesota Cities Week in the City of Lake Elmo. (Motion passed 5-0.)
C. Update on problem at Parkview Estates
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000
Planner Dillerud reported there is water running down backyards, flooding out septic
systems, and there is a need to dig out a swale over the garden plot at a cost of $1500.
Tom Prew indicated this might be transferring the problem from one area to another. He
could look at pending on the garden site, but we don't own it.
The Council commented that it approved the Parkview Estates plat and should ask the
City Engineer to look at why did this occur and what is the solution and look at finances
after the fact.
The Council Adjourn at 10:20 p.m.
Resolution No. 2000-037 approving claims in the amount of $162,395.14
Resolution No. 2000-038 approving the proposed 2000 tax levy, collectible in 2001 and
call a public hearing for November 30
Resolution No. 2000-039 City's tax rate authorization for the Year 2001
Resolution No. 2000-040 Approving OP Development Stage Plan, Preliminary Plat, and
CUP for Cardinal Ridge
Resolution No. 2000-041 Approve a CUP for Non-Ag Low Impact Use for Thomas G.,
Thomas P. and Jodi Armstrong
Resolution No. 2000-042 Approve subdivision waiver for Richard Hesse
Resolution No. 2000-043 Supporting Minnesota Cities Building Quality Communities
Ordinance No. 9760 Rezone from RR to AG 120 Acres for Gene Peltier
Ordinance No. 9761 Amend Section 150 Definitions of Place of Worship
Ordinance No. 9762 Adopt Public Facilities Zoning District
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 2000
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Rosemary Armstrong
Chuck Siedow
Lake Elmo City Council
Tuesday
September 5, 2000
3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
LakeElmoMK@.aol.com
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 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.
5:30 p.m. Budget Workshop
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
August 15, 2000
3. Claims
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES
B. Resolution adopting 2001 Budget
C. Stop Signs at 15`h St. and Inwood
D. VBWD Vacancy
E. Children at Play Sign request at
Tamarack Farm Estates
5. NEW BUSINESS:
6. CONSENT AGENDA
A. Appointment to Parks Commission
Appointment to Planning Commission
1
B. Reschedule November 7 Council
Meeting
7. MAINTENANCE/PARK/FIRE/BUILDING:
8. CITY ENGINEER'S REPORT:
A. Prairie Hamlet Escrow Reduction
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Rezone RR to AG (G. Peltier)
Lake Elmo City Council Agenda
September 5, 2000
Page 2
B. OP Development Stage Plan,
Preliminary Plat and Conditional use
Permit: D&T Development (Cardinal
Ridge)
C. PF Ordinance
D. Conditional Use Permit: Non Ag Use
Low Impact:Tom Armstrong
E. Subdivision Waiver (Simple Lot
Division) Richard Hesse
F. Wildflower Shores —
Drainage/Infrastructure Issues
10. CITY ATTORNEY'S REPORT:
11. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn:Refer density of
plats to Planning Commission
D. Council Member Armstrong
E. Council Member Siedow
12. UNFINISHED BUSINESS:
13. CITY ADMINISTRATOR'S REPORT
A. Brown's Creek Watershed District
Second Generation Plan
B. Resolution of City's Participation in
"Building Better Communities
Program"
C.
LAKE ELMO CITY COUNCIL UNFINISHED BUSINESS
A. Trail Maintenance Policy
B. Contract for Building Inspections Services (1-5-99)
C. Lake E1moDiary:Add toWork 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. Policy on reimbursement for city business calls on personal cell phones (4-4-
2000)
I. Fire Dept. By -Law Changes
J. Hill Trail N. Improvement (6-6-2000)
K. Review uses in various zoning districts; noise, enforcement on mining and signs
(6-6-2000)
L. Policy on sidewalk maintenance and trash bins in Old Village (6-6-2000)
M. Tower Ordinance
N. 15th Street Improvement (6-20-2000)
O. Comprehensive Plan Workshop Dates (7-18-2000)
P. Proposal for Emergency Situations (7-18-2000)
Q. Set meeting with Chair Armstrong, Frost, Council, staff, to discuss City goals (7-
18-2000)
R. Eliminate HB, rezone 3HB to GB and move uses into GB
S. Zoning Ordinance Amendment — Livestock
T. Set Open House for 501h St. Improvements