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HomeMy WebLinkAbout05-01-01 CCMMINUTES APPI,OVED: MAY 159 2001 LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2001 1. AGENDA 2. MINUTES: APRIL 17, 2001 3. CLAIMS 4. PUBLIC INQUIRIES/INFORMATIONAL• A. Public Inquiries: NONE 5. NEW BUSINESS: NONE 6. CONSENT AGENDA: A. Rental Space for Parks Dept. B. Ordinance amending Section 810 of Lake Elmo Municipal Code relating to Open Burning C. Resolution approving the plans for the Overlay of CSAH35 (5`h St.) POSTPONED D. Resolution awarding bid for crack sealing. 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Code Violations: Jim McNamara 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 501' Street Roadway Improvement 9. PLANNING, LAND USE & ZONING: A. Site Plan & Landscape Plan: E&H Earthmovers B. OP Ordinance Amendment —Continued Discussion IO.CITY ATTORNEY'S REPORT: 1 LCITY COUNCIL REPORTS: 12.UNFINISHED BUSINESS: 13.CITY ADMINISTRATOR'S REPORT: A. Update on Hudson Blvd. Turn -Back, Blvd. and at Ramp Update on Signalization at CR13 & Hudson Mayor Hunt called the meeting to order at 7:00 p.m. in the Council Chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong (arrived 7:05 p.m.), DeLapp, Attorney Filla, City Engineer Prew, and Administrator Kueffner, ABSENT: City Planner Dillerud. L AGENDA: Removed 6C. The City Engineer did not receive plans to review M/S/P Dunn/DeLapp — to approve the May 1, 2001 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: April 17, 2001 M/S/P Dunn/Siedow — to approve the April (Motion passed 4-0-I :Abstain:Mayor Hunt) 17, 2001 City Council minutes, as amended. LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2001 3. CLAIMS 1 M/S/P Dunn/Armstrong — to remove claim #24 $109.29 Greg Malmquist cell phone reimbursement for 2001,#25 $441.78 Greg Malmquist cell phone reimbursement for 2000 until the May 15th Council meeting.The Cell Phone Reimbursement policy was adopted on November 81 2000 and was not made retroactive to first of the year.(Motion passed 5-0). M/S/P Dunn/Armstrong - to remove Claim #36 $3,438 Washington County Waste Mgmt Fee/Tax Parcels for clarification from the Finance Director. (Motion passed 5-0). M/S/P Armstrong/DeLapp — to adopt Resolution No. 2001-027, approving claims number 18696 through 18713 and 18715 through 18728 in the amount of $23,788.06. (Motion passed 5-0). 4. PUBLIC INOUIRIESANFORMATIONAL• A. Public Inquiries: NONE 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Rental Space for Parks Dept. In his memo, Mike Bouthilet lists the equipment he would like to store in two units in the Johnson rental building across from the parks building. Equipment would seasonally rotate into storage depending on need and type. Priority would be placed on mechanical or motor driven items. The cost for storing this equipment is $180 a month for the two units needed. Council member Dunn pointed out there was no cost benefit analysis done. Previously, Dan Olinger had provided a plan for a non -heated storage facility. The Council asked that this cold storage proposal out at the maintenance garage be looked into. M/S/P Dunn/Armstrong — to not approve the request of Mike Bouthilet to store equipment in two units in the Steve Johnson building, but to look into the previous proposal by Dan Olinger for a cold storage facility attached to the pole shed located at the Maintenance Dept. (Motion passed 5-0). Council member Armstrong stated there is an inconsistency of the present use to what use was approved when the Council approved building reconstruction. Council member DeLapp added that the relocation of the nonconforming structure was reconstructed from scratch. M/S/P Armstrong/DeLapp — to direct the staff for a clarification for the next meeting of what the approved allowed use was based on granting of the reconstruction of the two buildings owned by Steve Johnson and are these uses being enforced. (Motion passed 5- 0). LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2001 2 B. Ordinance amending SLion 810 of Lake Elmo Municipal _;ode relating to Open Burning. The City is bringing its "Open Burning" regulations into compliance with State Law. The City Attorney has approved the Ordinance. Attorney Filla explained that a permit is not needed for a "campfire" or when the ground is snow-covered. Snow-covered means that the ground has a cover of snow, to a depth of three inches or more, surrounding the area of the fire, sufficient to keep the fire from spreading. A permit is required for burning of materials such as, grass, leaves, brush and untreated lumber. M/S/P Armstrong/Dunn - to adopt Ordinance 9780 amending Sections 810, 810.01, 810.02, 810.03, and 810.04, and repealing Section 810.05 of the Lake Elmo Municipal Code relating to Open Burning. (Motion passed 5-0). C. Resolution Approving the Plans for the Overlay of CSAH35 (50th St.)POSTPONED D. Resolution Awarding Bid for Crack Sealing Tom Prew reported two quotes were received for our annual crack -sealing program. A list of streets to be worked on was provided. These quotes were based on 25,000 pounds of crack sealant. Northwest Asphalt Maintenance, Inc. $14,725.00 Asphalt Surface Technology Corp. $18,900.00 Bergman Companies, Inc. $22,750.00 Prew recommended awarding the 2001 Crack Sealing Project to Northwest Asphalt Maintenance, Inc. M/S/P Dunn/Armstrong - to adopt Resolution No. 2001-028 awarding the contract for 2001 Crack Filling to Northwest Asphalt Maintenance, Inc. for $14,725.00. (Motion passed 5-0). 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Code Violations: Jim McNamara The Council received a list of outstanding complaints, some of which were turned over to the prosecuting attorney, Kevin Shoeberg. Administrator Kueffner asked if the Council wanted her to seek approval of any code violation that is turned over to the civil attorney. The Council gave Administrator Kueffner the directive it was at her discretion whether issues should be pursued civil or criminally. Administrator Kueffner will write a memo on this. LAKE ELMO CITY COUNCIL MINUTES MAY L 2001 Mayor Hunt received a complaint that there is no silt fencing erected for home construction in Prairie Hamlet, along 59 h Street and a wetland is being filled in. The Council asked staff to inform the developer silt fencing is needed and to red tag the home construction. 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 50th Street Roadway Improvement This is a public hearing to receive public comments on the proposed improvement to 50th Street and the affected propertyowners were notified of the hearing. Notice of the hearing was published in the Stillwater Gazette on April 19 and April 26, 2001. City Engineer Tom Prew presented the plan for the improvement of 50th Street from State Highway 5 to CSAH17 (Lake Elmo Avenue). Mayor Hunt opened up the public hearing at 7:50 p.m. Jim Hansen asked why there is curb and gutter. Rebecca Tenpas asked if they could petition to remove the curb and gutter. She wants to deter people from cutting through as more signal lights go up on Highway 5. She asked if the City could lower the speed limit and what could be done for safety at the intersection at Tana Ridge. The letter from Will Zind, 11255 50th Street, in favor of paving of this street was read into record Mayor Hunt closed the Public Hearing at 8:05 p.m. Administrator Kueffner pointed out there are two parcels that exceed 40 acres and will be assessed as previous propertyowners that could develop OP in the future. Council member DeLapp responded that the Council has an assessment ordinance on the table that would deal this. M/S/P DeLapp/Siedow - to adopt Resolution No. 2001-029, A Resolution Ordering Improvement and Preparation of Plans for the Improvement of 50th Street from State Highway 5 to CSAH17 (Lake Elmo Avenue) and direct City Engineer to include a trail extension on the North side of Tana Ride and East of the trail. (Motion passed 4- 1:Armstrong). LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2001 9. PLANNING, LAND US� & ZONING: A. Site Plan & Landscape Plan: E&H Earthmovers At its April 9, 2001 meeting, the Planning Commission recommended approval of the Site Plan and Landscape Plan submitted by E&H Earthmovers in compliance with the conditions of CUP approval. The Commission's action is subject to compliance with the City Engineer's recommendations and provisions by the applicant of development security, as required by Section 520. Council member DeLapp asked if the applicant understands this building requires a sprinkling system. When he had spoken to the City Planner, the Planner had noted it was a commercial building and taxed as a Cl bldg. Tim Freeman responded it's an Ag building and does not require sprinkling. Administrator Kueffner stated the use is commercial, but the building is an Ag building as the storage business down the road are farm buildings, but are taxed commercially. Dan Johnson of Anderson Johnson, provided a landscape fly -by. Council member DeLapp asked if Mr. Emerson would fill in with seedlings around the pond on the East side. He requested a drawing showing what people will see when they drive by because he could not believe one row of trees, 9' berm with 5' trees on top, would cover 14' high rigs making them totally invisible from the road. Adjacent property is interpreted as 4 lines, North, South, East and West. M/S/F DeLapp/Armstrong — to table site plan review until the applicant can provide elevation drawings showing you cannot see any vehicles because of screening. (Motion failed 2-3:Siedow, Hunt, Dunn). M/S/P Dunn/DeLapp - to approve the Section 520 Site Plan and Landscape Plan for E&H Earthmovers for the Non -Agricultural Low Impact CUP Site in the Southwest Quadrant of Manning Avenue and Hudson Blvd. subject to the following conditions: 1. Compliance with landscape security requirements of City code. 2. Determination if building needs to be sprinkled before building permit is issued. 3. Future right to re-evaluate, after two years, if landscaping and berm still effectively hides the equipment. (Motion passed 4-1:DeLapp) B. OP Ordinance Amendment — Continued Discussion City Planner Dillerud provided the Planning Commission's January 22 Draft, with the Council's February 27 changes. Bob Engstrom and Tim Freeman made a number of suggestions during the February 27 Workshop, but none of those suggestions resulted in Council direction to Staff for inclusion in the draft ordinance. The OP amendments are set up as a new section to the City Code on the recommendation of the City Attorney. LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2001 5 The following motion was made in response to Administrator Kueffner's question "Was your intention to have Open Space in RE Zoning?" M/S/P Dunn/DeLapp — under Subd. 2 Intent: Remove Rural Estate and replace (,) with the word "and". (Motion passed 5-0). Councilmembers Dunn and Armstrong indicated the OP Ordinance before them was made better. Armstrong thought the 200' buffer was too large, but could be worked on at a later time. Siedow thought the density was low for incentives. Dunn stated the buffer sections are appropriate next to RE zoning because we have a responsibility to protect our homeowners. The 200' setback was a hindrance, and the 4/5ths variation should be included. Mayor Hunt stated the ordinance as drafted would shutdown OP developments. There was no incentives for what the City wanted. Once the ordinance is passed, changing density is negligible to none. DeLapp liked the less number of lots, but the ordinance reduced the number of lots by 25% which is enormous. He would like the density to go from 15 to 16 and take out wetlands as not being part of the Open Space. The following motion was made after all Council members made concessions. M/S/P Dunn/Armstrong — to adopt Ordinance 9779, as amended, An Ordinance Repealing Section 300.07 Subd. 4. O "Open Space Preservation District" as adopted by the Lake Elmo City Council on February 18, 1997, and Replacing it with Chapter 301 "Open Space Preservation" ADD: 4/5ths supermajority rule CHANGE: density from 15 to 16 CHANGE: wording for Item 2. Preserve of Open Space Standards CHANGE: C. Spell out "sixty days" REMOVE: wetland, steepslopes, and other protective areas from the prohibited list, may be included as part of the Open Space. REMOVE: Section E. Buffer zones and insert existing Buffer Zones wording from the one inforce. (Motion passed 5-0 Council member Armstrong stated she voted for the OP ordinance with the assumption that the minimum lot size would be 3/4 of an acre). 10.CITY ATTORNEY'S REPORT: 1 LCITY COUNCIL REPORTS: Mayor Hunt provided a Draft copy of the TH36 Corridor Management Plan, April 2001 and expressed his opposition to the Plan. Mayor Hunt and Council Members Armstrong attended a meeting on Severe Weather Preparedness presented by the Cimarron Coalition working with United Way. LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2001 Council members Siedow any. Junn, Fire Dept. Committee members, will be meeting on a Saturday to discuss issues. After this meeting occurs, the Council will schedule a workshop, draft an agenda, with the Fire Dept., City Administrator and Mayor Hunt. Councilmember Dunn received a letter from Gregory Fries, Manager, St. Paul Downtown, Lake Elmo Airport, indicating the Metropolitan Airports Commission staff has contacted the pilot of the T-6, WWII training aircraft and has discussed with him the Lake Elmo Airport Noise Abatement Plan. MAC has strongly recommended to the owners and operators of the aircraft that they use an airport outside the metro area to practice. He did not believe this aircraft would be a problem in the future. Councilmember Dunn asked that a formal request be made to Mn/DOT asking they review the speed limits along Highway 5. The 50 - 55-mph speed limit is a safety concern in getting out onto Highway 5 from Hagbergs, Lake Elmo Bank and City Hall and the Klondike area. 12.UNFINISHED BUSINESS: 13.CITY ADMINISTRATOR'S REPORT: A. Update on Hudson Blvd. Turn -Back, Update on Signalization at CR13 & Hudson Blvd. and at Ramp Administrator Kueffner reported that the Council gave her direction to pursue the turn back of Hudson Blvd. to the City. This issue came up when MN/DOT was requiring building six lanes to accommodate The Machine Shed Restaurant and Hotel. She met with representatives from MN/DOT and the County reading the turnback and the configuration of the road when the lights are installed. Kueffner said she related to MN/DOT and the County the Councils dislike of massive freeways being constructed for City Streets, and asked that the road plan that they approved for the United Properties PUT) remain in effect. They agreed to do this and to provide her with drawing of the road configuration on both sides. The drawings were not available for this meeting. This will be on the next meeting agenda. The Council asked that they try to synchronize the lights on Highway 13 into Woodbury. The Council adjourned the meeting at 10:00 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2001-027 approving claims #18696-18713 and 18715-18728 in the amount of $23,788.06 Resolution No. 2001-028 awarding contract for 2001 Crack Filling to Northwest Asphalt Maintenance, Inc. Resolution No. 2001-029 Ordering Improvement & Preparation of Plans for the 50" St. Improvement LAKE ELMO CITY COUNCIL MINUTES MAY 1, 2001 7 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday MAY 19 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. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes April 17, 2001 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 5. NEW BUSINESS: 6. CONSENT AGENDA: t. A. Rental Space For Parks Dept. B. Ordinance amending Section 810 of Lake ElmqXqnicipat Cod"elating to Open '&_tf *j ;Vj 0 C. Resolution Approving the Plans for the Overlay of CSAH35 (501" St.) D. Resolution Awarding Bid for Crack Sealing 7. MAINTENANCE/PARK/FIRE/BUILDING A. Update on Code Violations: Jim McNamara 8. CITY ENGINEER'S REPORT Tom Prew A. PUBLIC HEARING: 50" Street Roadway Improvement 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Site Plan & Landscape Plan: E&H Earthmovers Lake Elmo City Council Agenda May 1, 2001 Page 2 B. OP Ordinance Amendment -Continued Discussion 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 12. UNFINISHED BUSINESS: 13. CITY ADMINISTRATOR'S REPORT A. Update on Hudson Blvd. Turn -Back, Update on Signalization at CR13 &Hudson Blvd. and at Ramp CLEAN UP DAY, SATURDAY,MAY 5m' BOARD OF REVIEW, 8 TO NOON, Wednesday, May9 , WASHINGTON COUNTY FAIRGROUNDS 4-6 p.m.