HomeMy WebLinkAbout11-08-00 CCMMINUTES APPROVED: November 21, 2000
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 8, 2000
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2. MINUTES: October 3, 2000
3. CLAIMS
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Canvass returns of General and Municipal Election
5. NEW BUSINESS:
6. CONSENT AGENDA
A. Application for Annual Off -Site Gambling:Maplewood-Oakdale
Lions
B. Request for placement of accessory building in front of principal
building: Wayne Olson, 8135 15th Street
C. Resignation of Bill Hagberg from Village Commission
7. MAINTENANCE/PARK/FIREBUILDING:
A. Update on Maintenance Dept. Activities, Engine Repair: Dan
Olinger
B. Update on Fire Dept. Monthly Activities: Greg Malmquist, Light for
Flag at Station 2 & Public Works (Continued)
C. Update on Building Activities: Jim McNamara (Postponed)
D. Update on Parks Dept. — Recommendation on Park in Tana Ridge
8. CITY ENGINEER'S REPORT:
A. Brown Creek Watershed Plan
B. Drainage Problems on 55th Street
C. Escrow Reduction for Wildflower Shores
9. PLANNING. LAND USE & ZONING:
A. Appeal of Administrative Determination: Dean Johnston
B. Minor Subdivision (Waiver of Platting): Dan, Jean & Carl Olinger
C. Livable Communities Act -Continuation Participation
D. Comprehensive Plan Amendment — Definition of SRD (Suburban
Residential District)
E. Structure Move-In:St. Johns Evangelical Lutheran Church
F. Renewal of Expired CUP: Arbor Hill Farm
G. Comprehensive Plan Update
H. Comprehensive Plan- TKDA Proposed for Transportation, Water and
Sewer Elements
I. Wildflower Shores — Site Value Appraisal/Park Dedication Fee
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000
J. Strategic Planning Discussion: Lee Hunt
10. CITY ATTORNEY'S REPORT:
11. CITY COUNCIL REPORTS:
12. UNFINISIHED BUSINESS
13. CITY ADMINISTRATOR'S REPORT:
A. VBWD — Amendment to 1995 Water Management Plan
B. Environmental Review Process: Metropolitan Airports Commission,
MAC Capital Improvement Program 2001-2007
C. Administrative Policy 2000-1 Reimbursement
D. Meeting with Washington County Board
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City
Attorney Filla, City Engineer Prew, City Planner Dillerud and Administrator
Kueffner.
L AGENDA
M/S/P Dunn/Siedow — to approve the November 8, 2000 City Council
agenda, as amended. (Motion passed 5-0).
2. MINUTES: October 3, 2000
M/S/P Dunn/Armstrong — to approve the October 3, 2000 City Council
minutes, as amended. (Motion passed 5-0).
3. CLAIMS
M/S/P DeLapp/Siedow — to adopt Resolution No. 2000-051, A Resolution
Approving Claim Number 18075 through 18209 in the amount of
$319,571.45. (Motion passed 5-0).
4. PUBLIC INOUIRIESANFORMATIONAL:
A. Public Inquires - None
B. Canvass Returns of General and Municipal Elections
M/S/P DeLapp/Armstrong — to adopt Resolution No. 2000-052, A
Resolution Canvassing the Returns and Declaring the Winners of the 2000
Local Elections. (Motion passed 5-0).
5. NEW BUSINESS:
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000
6. CONSENT AGENDA:
A. Application for Annual Off -site Gambling Maplewood -Oakdale
Lions
M/S/P Dunn/Siedow — to adopt Resolution No. 2000-053, A Resolution
approving the issuance of a charitable gambling license by the State of
Minnesota to the Maplewood/Oakdale Lions Club. (Motion passed 5-0).
B. Request for Placement of Accessory Building In Front of Principal
Building: Wayne Olson, 8135 15th Street
M/S/P Dunn/Siedow — to adopt Resolution No. 2000-054, A Resolution
approving the placement of an accessory structure in front of the primary
structure for Wayne Olson at 8135 151h Street N. (Motion passed 5-0).
C. Resignation of Bill Hagberg from Village Commission
M/S/P Dunn/Siedow — to accept, with regrets, the resignation of Bill
Hagberg from the Lake Elmo Village Commission and to direct staff to send
Mr. Hagberg a letter of thanks and appreciation. (Motion passed 5-0).
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Maintenance Dept. Activities, Engine Repair: Dan Olinger
M/S/P DeLapp/Dunn — to approve the replacement of the motor in the 1986
Ford Truck in the amount of $8,375 as bid by Lakeland Ford. (Motion
passed 5-0.)
Dan Olinger reported the Maintenance crew started the last brush -chipping
segment with 121 homes requesting pickup. He will bring in the grapple
truck again because they are very large piles with large size trees in Eden
Park. Dan will have a year-end report and would like to setup a workshop to
discuss storm cleanup and tighten up reigns on monthly brush pickup.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 3
B. Update on Fire Dept. Monthly Activities: Greg Mamlquist
Fire Chief, Greg Mamlquist, reported on fire calls and reported that Fire
Prevention Night was taped and will be shown on Channel 16.
Light for Flag at Station 2 & Public Works:
The Fire Chief provided a list of residents that signed indicating their
approval of the proposed light, flag, landscaping at Station 2. Council
member DeLapp thought the flagpole seemed awfully high in a residential
neighborhood, and Council member Dunn asked that the height be minimal
and light efficient.
M/S/P DeLapp/Armstrong — to modify Specs for minimizing flagpole light
and height to be made as close as possible as the one existing at City Hall.
(Motion passed 3-2:Hunt, Siedow)
M/S/P Dunn/Siedow - to approve the purchase of the flag proposal with the
general recommendation of a setup closer to the flagpole existing at City
Hall. (Motion passed 5-0.)
Fire Advisory Committee: Fire Chief Malmquist asked the status of this
committee because there will be election of officers coming up in January.
Administrator Kueffner will have a final document for committee review.
C. Update on Building Activities:Jim McNamara (Postpone until
November 21 Council meeting)
D. Update on Parks Dept. Recommendation on Park in Tana Ridge
M/S/P DeLapp/Siedow - to accept recommendation of the Parks
Commission, as stated in its October 10, 2000 minutes, for the Tana Ridge
Park. (Motion passed 5-0)
8. CITY ENGINEER'S REPORT:
A. Browns Creek Watershed Plan
The Council reviewed the City Engineer's comments on this plan and voted
to pass along these comments to the watershed district administrator without
any changes.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000
M/S/P Dunn/DeLapp — to direct the staff to submit the City Engineer's
comments to Emmons and Oliver (Change "Should" to "Must" suggested by
Council member Dunn.) (Motion passed 5-0.)
B. Drainage problem on 55th Street
Administrator Kueffner reported that a resident called about a drainage
problem with water diverted across his yard and washing the dirt into the
pond. The City Engineer suggested an extra catch basin be installed at a cost
of $5,900. There was a drainage way there before and the water is not
being directed the way its suppose to. In this circumstance there is no
escrow remaining so the City cannot make the developer responsible. The
Council decided to treat this situation similar to drainage problem with Ray
Boche on 37th Street.
M/S/P Dunn/DeLapp — to address the drainage problem near the intersection
of 55th Street and 59th Street by accepting a quote from Meyer Contracting
for $5,900 to add an extra catch basin and remove silt from the pond, as
recommended by the City Engineer. (Motion passed 5-0.)
C. Escrow Reduction for Wildflower Shores
Planner Dillerud reported that Rehbein has completed many of the
infrastructure improvements required under the, yet to be executed,
Developers Agreement.
City Engineer Prew advised that the Wetland Treatment System is not as yet
completed. With the recent changes in handling the Administrative Fee (flat
percentage of work, rather than "pass through"), this line item will be
included in all Developers Agreements in the future. The resulting escrow
that is proposed is $238.125. The administrative fee reflected in the ' ,
agreement, and to be paid prior to plat release, remains $9,700.
M/S/P Dunn/Armstrong — to reduce the required Escrow for Wildflower
Shores from $606,250 to $238,125 per the recommendation of the City
Engineer and City Planner. (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 5
9. PLANNING, LAND USE & ZONING:
A. Appeal of Administrative Determination: Dean Johnston
Dean and Karen Johnston, 8200 Hill Trail N., made application for a
building permit to construct an addition to their home located in the
Shoreland district of Lake Olson/Demontreville. The 2000 permit
application proposed a vertical addition to the house, no enlargement of the
house footprint on the lot; and as a result, no further setback encroachment
on the OHW.
The Zoning Administrator, along with the City Attorney, determined that the
proposed addition would constitute an expansion to the house dimension of
the existing non -conforming structure; and the City Planner advised the
Johnstons by a letter of October 13, 2000 that a building permit could not be
issued based on that determination. Mr. Johnston appealed that
determination by his letter of October 19, 2000.
Mayor Hunt opened up the Public Hearing at 7:40 p.m.
Dean Johnston indicated a vertical addition, where the existing house
footprint is not enlarged, does not constitute expansion of outside dimension
within the intent of the Shoreland Ordinance standards. It is an unnecessary
burden on the homeowner and creates problems in terms of a hardship. How
do you authorize even a dormer without asking for a variance and remain
with the old interpretation.
Jim Dillion, 8190 Hill Trail N,. has made application for framing in an
entryway. Dillion stated, "the ordinance discourages people from investing
in their property and encourages the City to streamline the ordinance".
Mayor Hunt closed the Public Hearing at 7:43 p.m.
Council discussion followed:
Council member Dunn stated that 18 years ago the drainfield was sized for a
two -bedroom house. We should not continue to interpret the code as staff
has in the past.
Council member Armstrong did not agree and felt the Shoreland code
protects fragile pieces of shoreland. A previous Council told the Johnstons
that they needed to size the septic for a two BR house even though they
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000
wanted only to build one BR. The Shoreland district and nonconforming
structures are the two keys. She can understand a house causing a viewshed
problem. She would vote against this because other residents will come in
with requests.
Attorney Filla was under the assumption this was a request to go from 2 to 3
bedrooms until he was provided a copy of the 1982 agreement which
indicates adding a second bedroom was allowed with variances with a
review by City.
M/S/P Dunn/Siedow — to overturn the determination of the Zoning
Administrator based on the City attorney's interpretation of the November 7,
1982 agreement between the City and Dean Johnston. (Motion passed 4-
1:Armstrong.)
Administrator Kueffner explained staff would have to do a full review of
Mr. Dillion's proposal, and he should contact staff. Planner Dillerud
repeated his understanding that there is extenuating circumstances for Dean
Johnston, but staff is to continue to interpret the code as we have all along.
Total volume would be defined as footprint and height, but Mayor Hunt
thought he would be more interested in footprint and let the height be
controlled by the ordinance as it already exists. Council member Dunn
stated, if we change the code, we could change it to footprint and viewshed.
Council member Siedow recommended that only the footprint be
considered. Council member Armstrong indicated the City cannot deal with
situations with just one phrase in the code, but needs a more detail
explanation than what is written in this section. The Staff will examine the
section and determine how complicated this can be to protect viewsheds.
The Council decided that the Ordinance and staff s interpretation stays the
same for now.
B. Minor Subdivision (Waiver of Plating): Dan, Jean & Carl Olinger
The Planning Commission unanimously recommended approval of this
application to divide a parcel of approximately 1.5 acres (gross) from an
existing 15-acre parcel; and, combine an existing parcel of approximately
1.5 acres (gross) with the former 15-acre parcel. This is a trade of side -by -
side home site between family members to place a different home on the
larger parcel. While a lot that is non -conforming by area will be created (1.5
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 7
acres in the RR Zone), an existing non-comforming lot of equal size will be
eliminated concurrently. The Commission recommended a condition if the
Minor Subdivision is approved, the applicant must either record the existing
easement (if there is one); or provide the City with an easement covering the
entire Lake Jane Trail frontage.
M/S/P DeLapp/Dunn — to adopt Resolution No. 2000-055, A Resolution
Approving the Minor Subdivision for Dan, Jean and Carl Olinger, subject to
a condition requiring dedication of an easement for Lake Jane Trail over all
parcels, if none is determined to now exist. (Motion passed 5-0.)
C. Livable Communities Act -Continuation Participation
The Metropolitan Council has recently inquired as to whether Lake Elmo
desires to continue participation in the Livable Communities Act (LCA).
The City did not act to renew LCA participation for calendar 1999, nor
calendar 2000. The Metropolitan Council, assumed Lake Elmo's continued
participation. The City Planner did not believe there is any strategic reason
for Lake Elmo to continue LCA participation.
M/S/P DeLapp/Dunn - to not continue participation in the Livable
Communities Act based on the fact that the City provides a wide variety of
housing. (Motion passed 5-0.)
D. Comprehensive Plan Amendment -Definition of SRD (Suburban
Residential District)
M/S/P Armstrong/Dunn — to adopt resolution no 2000-056 amending the
definition of SRD (Suburban Residential Development) in the
Comprehensive Plan, as recommended by the Planning Commission, subject
to review and comment by the Metropolitan Council as required by Statute.
(Motion passed 5-0.)
E. Structure Move In;St. Johns Evangelical Lutheran Church
The Planning Commission adopted a recommendation to approve the
application by St. John's to move a 24' x 26' garage structure on to their site
from Anoka. The garage proposed to be moved in is to replace the existing
garage attached to the parsonage, and will also result in the demolition of
another accessory structure on the site as well. The only condition proposed
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 8
by the Planning Commission was that the exterior surfacing of the garage be
similar to that of the parsonage. The applicant advised that this was their
intent, stucco resurfacing of the garage.
M/S/P Dunn/DeLapp - to approve the move -in of a 24' x 26' garage
structure to the site of St. John's Church, consistent with the application
documentation, and subject to compliance with all requirements of Section
2/505.05 of the City Code, including exterior surfacing to appear similar to
the existing parsonage, and based on the recommendation of the Planning
Commission. (Motion passed 5-0.)
F.Renewal of Expired CUP: Arbor Hill Farm
Bill Meyer, representing, the applicants, has requested a renewal of the CUP
for the Arbor Hill Facility. No changes to the proposed
operation/improvements approved in 1997 are proposed. The last name of
the applicant has changed (formerly Minor, now Lampert), she remains the
same applicant. Staff recommended renewal of the expired CUP, as
requested.
M/S/P Dunn/Armstrong — to renew the Conditional Use Permit for the Arbor
Hill Farm Facility based on compliance with the terms and conditions of
Resolution No. 97-5. (Motion passed 5- 0.)
G.Comprehensive Plan Update
M/S/P Dunn/Armstrong — to set up a Comprehensive Plan Workshop for
Tuesday, November 14° from 5 to 6:30. (Motion passed 5-0.)
H. Comprehensive Plan — TKDA Proposal for Transportation: Water
and Sewer Elements
Planner Dillerud requested TKDA present the proposal for preparation of the
"Civil Engineering" elements of the 2000-2020 Comprehensive Plan, which
are required element (per the Metropolitan Land Use Planning Act) that
could not be started until we had settled on a Land Use Map. Staff
recommended approval of the TKDA proposal. Sufficient budget amounts
are available in both the Planning Department budget, and the separate
consulting planner account, both in 2000 and 2001.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 9
M/S/P DeLapp/Dunn - to approve the proposal by TKDA dated October 12,
2000 to provide professional services for the completion of the
Transportation, Water and Sewer Elements of the 2000-2020
Comprehensive Plan at a cost of $15,000. (Motion passed 5-0.)
I. Wildflower Shores —Site Value Appraisal/Park Dedication Fee
The staff contracted with a Fee Appraiser to establish the pre -development
Market Value of the Rehbein site, for purpose of determining the Park
Dedication Fee payable at 7% of Market Value. Rehbein challenged the
appraised value of $15,000 per acre certified by the City's contract Fee
Appraiser, Scott Renne. Rehbein's contract appraiser argued that this
analysis of Comparables suggested a value of $12,000 to $13,000 per acre.
The discrepancy between the two appraisals is related to the weight accorded
to the Stillwater Investment sale of earlier this year.
Mr. Renee was asked to consider the comparable sales issues raised by
Rehbein's appraiser's report, and he agreed that use of the Stillwater
Investment sale numbers in his list of comparables is not reasonable. His
Fair Market Value for the Wildflower 56 acre site is $15,000 per acre. The
difference between the present two values per acre amount to $168,000 Fair
Market Value for the predevelopment site - $11,760 in Park Dedication Fees
payable by the developer are disputed by the developer.
Planner Dillerud did not believe that Chapter 400 provides latitude for staff
to adjust values certified the City contracted professional appraiser for park
dedication purposes. The Fair Market Value determination for the appraiser
shall be conclusive. The developer requested City Council review of the
matter.
M/S/P Dunn/Siedow — to postpone a decision on Fair Market Value in
determining the Park Dedication Fee for Wildflower Shores until staff meets
with appropriate parities and makes a recommendation to Council. (Motion
passed 4-1:DeLapp: He agreed with the City Planner and City Attorney and
supported the formal appraisal of $15,000 per acre.)
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 10
J. Strategic Planning Discussion: Lee Hunt
The City Administrator was asked to check with the League of Minnesota
and into companies, such as Cincinnatis in Minneapolis, that performs this
service. An approximate cost for this planning would be $25,000.
10. CITY ATTORNEY'S REPORT: None
11. CITY COUNCIL REPORTS:
Mayor Hunt indicated he received a reorganization letter from Richard
Stehr, Customer Service Mn/Dot metro division. There will be a meeting on
November 28 and 29 Holiday Inn Metrodome, U.S. Dept. of Transportation,
on Congestion in the twin cities who's paying the price?
Council member DeLapp received letters re:Shaefer Mining which were
submitted to the City Administrator.
Council member Dunn asked that the announcement of the tree order from
the Soil and Water Conservation District be placed in newsletter and
website.
Policies from the League of MN Cities
M/S/P Dunn/Armstrong - to pass onto the City Administrator comments on
proposed MN League policies and incorporate with Administrator's
comments. (Motion passed 5-0.)
Council members Dunn and Armstrong will be attending a Girl Scout
breakfast. The City's code on Hunting will be placed in the Newsletter and
website.
12. UNFINISHED BUSINESS:
13. CITY ADMINISTRATOR'S REPORT:
A. VBWD Amendment to 1995 Water Management Plan
Jim Palecek never reported any water problems on his Jamaca Avenue
property until the 509 Plan went through. He has lost trees because of the
standing water. Administrator Kueffner will find Larry Bohrer's comments
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 11
regarding this issue and find out when they can be on the VBWD meeting
agenda.
NUS/P Dunn/Armstrong - to appoint Mayor Hunt to attend a VBWD
meeting with Jim Paleeck and the city engineer (Motion passed 5-0).
B. Environmental Review Process, Metropolitan Airports Commission,
MAC Capital Improvement Program 2001-2007
M/S/P Dunn/DeLapp — to direct the City Administrator to advise MAC that
Lake Elmo supports their effort to perform necessary maintenance to the
existing runway at the Lake Elmo Airport, but will continue to oppose any
and all plans for expansion of the runways at the airport. (Motion passed 5-
0.)
C. Administrative Policy 2000-1 Reimbursement
M/S/P DeLapp/Dunn — to approve Administrative Policy 2000-01 setting for
the City's policy for reimbursement for use of personal cell phones or
similar devises while performing work -related duties with a onetime 6-
month review. (Motion passed 5-0.)
D. Meeting with County Board on CSAH13 and CSAH 10
M/S/P Dunn/Armstrong - to request a meeting with the Washington County
Board of Commissioners for Tuesday, November 28t", between 10:30 and
11:00, and, further direct the Mayor, City Administrator, City Engineer meet
prior to put together presentation to discuss the possibility of constructing a
roundabout at CSAH13 and CSAH 10 intersection. (Motion passed 5-0.)
Adjourn meeting at 9:20 p.m.
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2000-051 Approving Claims 18075-18209, $319,571.45
Resolution No. 2000-052 Canvassing the returns and declaring the Winners
of the 2000 Local Elections
Resolution No. 2000-053 Approving the issuance of a charitable gambling
license by the State of MN to Maplewood/Oakdale Lions Club
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 12
Resolution No. 2000-054 Approving the placement of an accessory structure
in front of the primary structure for Wayne Olson 8135 15th St.
Resolution No. 2000-055 Approving the Minor Subdivision for Dan, Jean
and Carl Olinger
Resolution No. 2000-056 Comp Plan Amendment -Definition of SRD
Administrative Policy 2000-01 Setting reimbursement for use of personal
cell phones while performing work -related duties with a onetime 6-month
review
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 8, 2000 13
Mayor:
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Rosemary Armstrong
Chuck Siedow
Lake Elmo City Council
Wednesday
November 8, 2000
(NOTE: Change in Meeting date due to the November 71h
General Election)
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
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
October 3, 2000
3. Claims
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Canvass returns of General and
Municipal Election
5. NEW BUSINESS:
6. CONSENT AGENDA
A. Application for Annual Off -Site
Gambling:Maplewood-Oakdale Lions
B. Request for placement of accessory
building in front of principal building:
Wayne Olson, 8135 151h Street
C. Resignation of Bill Hagberg from Village
Commission
7. MAINTENANCE/PARK/FIREBUILDING:
A. Update on Maintenance Dept. Activities,
Engine Repair :Dan Olinger
B. Update on Fire Dept. Monthly Activities:
Greg Malmquist, Light for Flag at
Station 2& Public Works (Continued)
C. Update on Building Activities:Jim
McNamara
Lake Elmo City Council Agenda
November 8, 2000
Page 3
B. Environmental Review
Process:Metropolitan Airports
Commission, MAC Capital
Improvement Program 2001-2007
C. Administrative Policy 2000-1
Reimbursement
D. Meeting with Washington County
Board