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HomeMy WebLinkAbout04-17-01 CCMMINUTES APPROVED: MAY 1, 2001 LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 6:30 Lake Elmo Jaycees: Charitable Gambling 1. AGENDA 2. MINUTES: April 3, 2001 3. CLAIMS 4. PUBLIC INQUIRIES/INFORMATIONAL: None 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Accept resignation from Greta Gauthier from Environmental Management -Special Projects 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update of Maintenance Activities: Dan Olinger B. Update of Fire Dept. Activities: Chief Malmquist C. Update of Building Dept. Activities: Jim McNamara 8. CITY ENGINEER'S REPORT: A. 501h Street Improvement B. 151h Street Roadway Improvement 9. PLANNING, LAND USE & ZONING: A. Planned Unit Development Concept Plan: Hiner Development B. Zoning Variance Appeal Hearing: Thomas Wiener Cardinal Homebuilders C. Planning Commission Request —Old 10. CITY ATTORNEY' S REPORT: 11.CITY COUNCIL REPORTS: 12.UNFINISHED BUSINESS 13.CITY ADMINISTRATOR'S REPORT: A. Lodging Tax B. League Conference Village Special Projects 6:30 p.m. Charitable Gambling: Lake Elmo Jaycees: Per City Administrator, Attorney Filla stated our code is correct requesting copies of all records and reports required to file with the Minnesota Lawful Gambling Control Board pursuant to Minnesota Statutes Chapter 349. John Hughes, Lake Elmo Jaycees, stated it was a month ago that he saw our charitable gambling ordinance for the first time when it was included in the LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 Administrator's letter. He said the Jaycees have not been following City code and know they should follow state law. If they did, the Jaycees would not be able to give donations to Stillwater H.S. because the law states only to bordering cities in trade area and Stillwater is not included. The City ordinance is more restrictive than state law, which would eliminate many groups. The Administrator, John Hughes, and Rand Wagner will meet to go over state laws and City code regarding charitable gambling. Vice -Mayor Dunn called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Armstrong, DeLapp, Administrator Kueffner, City Planner Dillerud, City Attorney Filla, City Engineer Prew, Fire Chief Malmquist, Maintenance Foreman Dan Olinger, and Building Official Jim McNamara. ABSENT: Mayor Hunt L AGENDA M/S/P Siedow/DeLapp — to approve the April 17, 2001 City Council agenda, as amended. (Motion passed 4-0.) 2. MINUTES: APRIL 3, 2001 M/S/P Armstrong/DeLapp — to approve the April 3, 2001 City Council minutes, as amended. (Motion passed 4-0.) 3. CLAIMS M/S/P Armstrong/DeLapp — to adopt Resolution No. 2001-024, approving claim number 18660 through 18695 in the amount of $44,976.23. (Motion passed 4-0.) 4. PUBLIC INQUIRIES/INFORMATIONAL: None 5. NEW BUSINESS 6. CONSENT AGENDA A. Letter of Resignation: Greta Gauthier M/S/P Armstrong/Dunn - to accept Greta Gauthier's resignation from the Environmental Management -Special Projects Group of the Lake Elmo Planning Commission and direct staff to write a letter of appreciation for her service on this committee. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 2 7. MAINTENANCFE/PARK/FIREBUILDING A. Update of Maintenance Dept. Activities: Dan Olinger Dan Olinger reported that the crew would be street sweeping for about one month. The watermain break on 33rd Street and Kraft Circle was repaired. Another possible watermain break on Laverne Court is being investigated. The crew has been trying to keep up with the continuous grading 15`h Street requires. B. Update of Fire Dept. Activities: Chief Greg Malmquist Chief Malmquist reported that 9 members were sent to Stillwater for RET teams to learn how to save firefighters. There is a burning restriction in the 7 County Metro area. Mamlquist will notify the City if a burning ban goes into effect. The new truck will be delivered in 1-'/2 weeks and there might be a small additional charge for putting in the box. Malmquist asked for clarification on the purchasing process for the emergency sirens and a new grass rig. The Council responded the process hasn't changed, equipment requests should be brought to the Administrator and then will be brought before the Planning Commission -Maintenance Advisory Special Project members. The Council asked that the Fire Chief and Administrator get together to discuss the Chief s request for a part time clerical employee and decide what Saturday the Fire Dept. Committee would meet. C. Update of Building Dept: Jim McNamara Jim McNamara presented a summary building report for March with 15 new residential permits, 28 other residential permits and 3 other commercial permits. M/S/P DeLapp/Armstrong - to request Jim McNamara bring update on code violations and corrective actions to the May I't Council meeting. (Motion passed 4-0.) LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 3 8. CITY ENGINEER'S REPORT A. 50th Street Improvement Tom Prow presented the Feasibility Report for 501h Street Construction from CSAH 17 to Highway 5. Council member Armstrong stated the proposed plan was a good compromise, but $990,289 is too much money to spend on a country road. The fees paid by the developers from the new developments along the street were $23,384, which is only 2.5% of the total cost. She did not think this was an efficient use of State money. Council member DeLapp added that 501h Street didn't need to be paved until the people from the new developments complained about the poor condition of the road. Under the new assessment policy under discussion, everyone would pay for using the road. M/S/P DeLapp/Armstrong — to adopt Resolution No. 2001-025, A Resolution Receiving the Feasibility Report for the 50th Street Improvement and calling a public Hearing. (Motion passed 4-0.) B. 15th Street N. Roadway Improvement Tom Prow reported bids were received on the project and the low bid from Tower Asphalt in the amount of $214,657.25 is in line with the Feasibility Report. This project is scheduled to begin after July 15, 2001. The City has received a number of complaints this Spring about the conditions. Jonnie Foster, 15th Street resident, asked if the road construction could be started before July 15". Dan Olinger, Maintenance Foreman, has been trying to keep the road graded and improved as best as possible. The Council asked that the City Engineer contact Tower Asphalt to see if they could start the project earlier than July 15t". M/S/P Armstrong/Siedow - to adopt Resolution No. 2001-026, A Resolution awarding the bid for the 15" Street North Roadway Improvements (CSAH13 to Lake Elmo Park Reserve) to Tower Asphalt in the amount of $214,657.25. (Motion passed 4-0). Council member Armstrong noted this project cost $32/linear foot whereas the 50th Street Project cost is $151 /linear foot. Tom Prow reported that Tower Asphalt is working on the subdivision next door and that is the reason for the low bid. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 4 9. PLANNING, LAND USE & ZONING: A. Planned Unit Development Concept Plan: Hiner Development The Council tabled the application and directed clarification as to the land use classification of the North 2/3 of the site as it appears on the 1997 Land Use Plan. It is confirmed that the classification on the 1997 plan is RE, not RAD as first reported. The 2000 Land Use Plan reclassifies the North 2/3 of the site from RED to RAD. Planner Dillerud advised that the concept plan where the office portion is consistent with the 1997 Plan, but the golf practice facility would not be consistent with the 1997 RED. The reverse is true with reference to the adopted, but not "in effect" 2000 land use Plan. The golf practice facility would be consistent, but the office portion would not. Mr. Hiner understood the confusion and said he was willing to adapt to whatever is necessary. Council member Armstrong stated she would deny this application based on non-compliance with the comprehensive plan. She thought the golf course is a good use for that location, but the small office buildings were not appreciated Council member Siedow thought the concept for both commercial and residential was a good idea and lilted the offering of small office buildings. Council member Dunn stated we are bound by our comprehensive plan, and what is proposed in not in compliance. She liked the idea of the golf course, but had a concern on amount of impervious surface for the individual office concept. Marilyn Durrow explained her family bought the property in 1910. We were forced out because the freeway took our building site. Her children went to school in Lake Elmo. The site was originally 80 acres and now it is 56 acres. She asked the City to be open minded to land use proposals. M/S/P Armstrong/DeLapp - to deny this concept plan presented by Rich Hiner based on the concept plan is inconsistent with either the 1997 and the 2000 Comprehensive Plans as stated. (Motion passed 3-1: Siedow lilted the concept, didn't agree with comp plan for this reason, and this proposal is a good example. People wanting to develop every piece of land is a lie. Council member DeLapp responded that there is a process those proposals LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 5 have to go through in order to keep us out of litigation. Planner Dillerud will advise the Planning Commission of Council action. B.Zoning Variance Appeal Hearing: Thomas Wiener/Cardinal Homebuilders Thomas Wiener/Cardinal Homebuilder has appealed the denial decision of the Planning Commission. The notice of the hearing on the appeal before the Board of Adjustments and Appeals has been provided. Attorney Filla explained the Open Space Development Ordinance "buffer" requirements that specify a 100 foot minimum structure setback to peripheral plat property lines where topography and/or vegetation provide appropriate screening; and, 200 feet where no such screening does not exist. The footings, lower level and capping of the house were complete at the time the developer discovered the error. He explained that Cardinal Homebuilders applied for, and the City issued a building permit that resulted in a 29-foot setback where a 100-foot buffer should have been required. Council member Siedow stated the other homes in this development had different setbacks so he could understand how the mistake was made. The homebuilder did bring the problem forward. The abutting property owner, Mr. Forletti, is satisfied with planting additional trees. Tom Wiener, Cardinal Homes, apologized for being in front of the Council with this variance request. He had met with the Tjosvolds to discuss the best location for the house. Tim Freeman drew up the survey, and the City approved the building permit application. A problem was brought up on possible wrong setbacks with their houses in the project. The builder found the problem with the setback on the west side, and the builder brought this mistake to the attention of the City. Cardinal Home Builders have worked out a plan with Mr. Forletti to plant three rows of trees to buffer the lot to keep their privacy. M/S/P Armstrong/Dunn — to approve the zoning variance request by Thomas Wiener/Cardinal Homebuilders based on the following reasons: 1. The project is too advanced to request removal, 2. The developer, Cardinal Homes, brought forward the sideyard setback mistake, 3. The City failed to catch the error, 4. Planting of trees is a small remedial action compared to moving the house, and 5. This was an honest mistake. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 6 Subject to the following conditions of approval: Submission of a landscape plan, 2. Submission of an estimate cost of implementing the landscape plan, 3. Submission of a timetable for completion of landscape plan, 4. Submission of a performance bond approved by the City Attorney for completion of the landscape plan on or before July 1, 2001, 5. Submission of all above for approval by thb City Council prior to the issuance of a certificate of occupancy. And the Council finds that by granting this variance: 1. A single family home is a reasonable use of the property, 2. The hardship was not totally self-created because the City granted the building permit, 3. The proposed location of the home on the lot will not change the character of the neighborhood. (Motion passed 4-0). The Council noted that the ordinance requiring the 100' setback might need to be changed. C. Planning Commission Request —Old Village Special Projects Planner Dillerud advised the Council that the former Village Commission Members had developed a Work Program for the Village Commission in late 2000. That Work Program carried the adopted Old Village Plan into implementation, on the assumption that Tax Abatement funds would soon become available to fund Plan implementation. The Old Village Special Projects Planning Commission members suggested to the Commission that carrying forth with that Work Plan should continue to be a priority. The Planning Commission adopted a motion requesting the Council approve establishment of an ad hoc Old Village subcommittee to meet separately from the Planning Commission to complete the groundwork on Old Village related items; to open the membership to all Planning Commission members and staff need not be present. Council member Dunn stated there is no reason why the Village Commission cannot work on their own and not as an adhoc committee. What did they want to specifically work on? Planner Dillerud responded the work program entailed programming of what will go on in the OV and executes OV Plan with projects. They are concerned the broad view of projects might get lost. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 7 Council member DeLapp stated they don't need staff help so what is the issue. Administrator Kueffner advised if the Commission is formally recognized they have to follow all the rules. Planner Dillerud responded the VC special projects can purview under the Planning Commission. The Council has not approved the workplan. It died with the commission. The Council did not want to change the Village Commission Special Projects into an adhoc committee, but did want to see their workplan. 10.CITY ATTORNEY'S REPORT: I LCITY COUNCIL REPORTS: Council member Dunn received telephone complaints on airport noise and filed the complaint with the City. Council member Siedow was at the Lake Elmo airport at the time and saw the prop plane malting touch and go. This is a plane that was based in So. St. Paul and is not allowed there anymore because of noise complaints. Planner Dillerud contacted the Airport Manager, who said he would take care of the problem. M/S/P Armstrong/DeLapp — to direct the Administrator to follow through with the noise complaints by notifying Washington County, Baytown Township, and MAC, because it's in their jurisdiction. (Motion passed 4-0). 12. UNFINISHED BUSINESS: 13.CITY ADMINISTRATOR'S REPORT: A. Local Lodging Tax Administrator Kueffner provided the section of the State Statute that regulates Local Lodging Tax. The Council was not interested in pursuing funds, but staff could ask our legislatures for special legislation that would allow us to impose such a tax for a period of maybe 10-20 years. B. League Conference The Council members that are interested in attending the League conference in Jime will contact the City Administrator. The Council adjourn the meeting 8:45 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 8 Resolution No. 2001-024 Approve Claims #18660-18695 in amount of $44,976.23 Resolution No. 2001-025 Receiving the Feasibility Report for the 501h Street Improvement and calling a Public Hearing Resolution No. 2001-026 Awarding the Bid for the 15t11 Street Roadway Improvements LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2001 9 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday APRIL 17, 2001 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. 6:30 Lake Elmo Jaycees: Charitable Gambling Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance I.Agenda 2. Minutes April 3, 2001 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Accept resignation from Greta Gauthier from Enviromental Management - Special Projects 7. MAINTENANCE/PARK/FIREBUILDING A. Update of Maintenance Activities: Dan Olinger B. Update of Fire Dept. Activities: Chief Greg Malmquist C. Update of Building Dept: Jim McNamara 8. CITY ENGINEER'S REPORT Tom Prew A. 501h Street Improvement B. 151h Street N. Roadway Improvement 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Planned Unit Development Concept Plan: Hiner Development Lake Elmo City Council Agenda April 17, 2001 Paoe 2 B. Zoning Variance Appeal Hearing: Thomas Wiener Cardinal Homebuilders C. Planning Commission Request - Old Village Special Projects 10. CITY ATTORNEY'S REPORT: 11. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow A. 12. UNFINISHED BUSINESS: 13. CITY ADMINISTRATOR'S REPORT A. Lodging Tax CLEAN UP DAY, SATURDAY,MAY 5T"' BOARD OF REVIEW, a TO NOON, Wednesday, May9 , WASHINGTON COUNTY FAIRGROUNDS 4-6 p.m.