HomeMy WebLinkAbout06-19-01 CCMMINUTES APPROVED: JULY 17, 2001
LAKE ELMO CITY COUNCIL MINUTES
June 19, 2001
1. AGENDA
2. MINUTES: June 5, 2001
3. CLAIMS
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Proclamation for Huff N Puff Days, Liquor License and Request to
waive fees: Lake Elmo Jaycees
B. MnDOT: Highway 36 Corridor Management Plan
C. Proposed change to location of cul-de-sacs on 55`h Street
D. Brush Chipping Notice
5. NEW BUSINESS:
6. CONSENT AGENDA:
A. Confirming Resolution of Denial — Kiesling Shoreland Variance
(MOVED to 9F)
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update of Maintenance Activities: Dan Olinger —DELETED
B. Update of Fire Dept. Activities: Chief Greg Malmquist — DELETED
C. Update of Building Dept: Jim McNamara
8. CITY ENGINEER'S REPORT:
A. Partial Payment Well No. 2
9. PLANNING, LAND USE & ZONING:
A. PUD Development Stage Plan/Preliminary Plat/Site Plan — Carriage
Station
B. CDBG Request for Proposal
C. Erosion Control and Street Cleaning Ordinance
D. Planning Commission Old Village Special Projects — Work Plan
Priorities
E. Ordinance Repealing Sprinkling Requirement in non-commercial
zoning districts or where sufficient municipal water is not available
F. Confirming Resolution of Denial — Kiesling Shoreland Variance
10.CITY ATTORNEY'S REPORT:
I LCITY COUNCIL REPORTS:
12.UNFINISHED BUSINESS:
13.CITY ADMINISTRATOR'S REPORT:
A. Ordinance banning Parking on 50`h St.
B. Ordinance banning Parking in Heritage Farms
LAKE ELMO CITY COUNCIL MINUTES JUKE 19, 2001
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Siedow, Hunt, Dunn (arrived 7:05), Armstrong,
DeLapp, City Attorney Filla, City Engineer Prew, Building Official Jim
McNamara, City Planner Dillerud, and City Administrator Kueffner.
L AGENDA:
M/S/P Siedow/Armstrong — to approve the June 19, 2001 City Council
agenda, as amended. (Motion passed 3-0:Council member DeLapp stepped
away for the vote).
2. MINUTES: June 5, 2001
M/S/P Siedow/Armstrong — to approve the June 5, 2001 City Council
minutes, as amended. (Motion passed 5-0)
3. CLAIMS:
M/S/P DeLapp/Dunn — to approve Resolution No. 2001-041, approving
claims number 18822 through 18876 in the amount of $71,359.03. (Motion
passed 5-0.)
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Huff N Puff Proclamation, Non -Intoxicating Liquor License: Lake
Elmo Jaycees
MAYOR HUNT PROCLAIMED AUGUST 9, 10, 11 & 12, 2001 TO BE
HUFF'N PUFF DAYS
M/S/P DeLapp/Dunn — to proclaim August 9-12, 2001 as Huff N Puff Days
and to approve an on -sale non -intoxicating malt liquor license this annual
festival and to waive the fees for the liquor license and for the ballfield
lights. (Motion passed 5-0.)
B. Highway 36 Corridor Management Plan
Doug Fisher, Washington County, Representatives from MnDOT, and
S.E.H. (consultant to MnDOT) presented the final Report and Plan regarding
proposed future improvements to Highway 36. The Council was asked to
adopt a Resolution that states Lake Elmo agrees with the Plan, and, pledges
the City's cooperation and efforts toward the execution of the Plan
components.
LAKE ELMO CITY COUNCIL MINUTES DUNE 19, 2001 2
The Council reiterated the concerns that were stated in the City Planner's
memo, dated June 19, 2001. Council member Dunn asked that the County
receive comments from the Washington County Sheriff's Dept. for
emergency vehicles. It was interested in the response from other cities
because every city has unique issues.
Council member Dunn asked the County to reactivate the City's request for
a signal light at Lake Elmo Avenue.
Council member Armstrong favored the 36 Overpass because of the
extremely dangerous intersections along the road. Her concern was focused
more on how the improvements would be funded.
Administrator Kueffner stated she had counted at least ten references by
Mn/DOT for their concern for safety along Highway 36. However, when
she called MN/DOT to ask that the speed limit be returned to 55 mph, she
was told that 65 mph was a safe speed for the road, that accidents did not
warrant reducing the speed limit to 55 mph, but they would monitor the
accidents that did occur.
Kueffner also referenced the map showing no access from County Road 17
to Highway 36. She questioned if this was the first step needed to make the
North/South route through the County since previous efforts to make County
Road 15 a North/South route were unsuccessful.
Kueffner also commented on the scrutiny that our Lake Elmo's
Comprehensive Plan goes through when it is reviewed by the Metropolitan
Council. She wondered why the same scrutiny was apparently not given to
Stillwater when the Metropolitan Council reviewed its annexation
amendment for approximately 1500 acres from Stillwater Township. One of
the four systems they are required to review is transportation. Why was
there no plan or solution to the horrendous impact on the transportation
systein settled before the annexation amendment was approved, rather than
burden other communities with the negative impact of their development.
M/S/P DeLapp/Dunn — that the City of Lake Elmo has reviewed the
Highway 36 Corridor Management Plan, dated May 2001, and is in
fundamental disagreement and request participating parties, sponsoring
agencies get the city's jurisdictional authorities together to get a common
LAKE ELMO CITY COUNCIL MINUTES DUNE 19, 2001
vision we can support by coming up with a proposal we can all be in an
agreement. (Motion passed 4-1 Armstrong stated she did not miss the point
of the vision, she liked the overpass over Highway 36 and felt we are going
to benefit from a safer road. It is a good idea to get together with the other
communities.)
C. Propose Change to Location of Cul-de-sac on 55th Street
Administrator Kueffner reported when Maintenance Supervisor Dan Olinger
reviewed the plans for the cul-de-sac, he suggested that placement be
changed for quick access to the well and provided a rough sketch. The
rationale in making this recommendation is premised on the cost of
maintaining that portion of Manning that lies within a lakebed. The two
wetlands were at one time a single body of water. This road has been a
maintenance problem according to the Maintenance Foreman. If the City
were to move the cul-de-sacs as proposed, with DNR permission, they
would remove the culvert and roadbed that separates the two wetlands and
allow them to become one large wetland.
Chip Longacre, 12058 55th Street N, provided pies and asked that another
plan be looked at because this plan would deprive him of access to the rear
of his property, plus would change his driving patterns. Previously they
would have entered their property off Manning as the cul-de-sac was
originally proposed to be a little west of the entrance to Carriage Homes. Mr.
Longacre stated that one of the selling points of the home was the drive from
Highway 36 to their driveway on 55th Street. When asked by a Council
member, if he could move his driveway, Mr. Longacre said it would be too
expensive.
Vincent Eilers, resident on 55th Street, endorsed the road closure, as their
main concern being that 55th Street is not a through street. He said kids
come down there now, and it gets wild on a Friday and Saturday night.
Mayor Hunt reported he talked to Oak Park Heights Mayor about Lake Elmo
and Oak Park Heights staff to get together next week to talk about
alternatives with our planner, City engineer and the Maintenance Foreman.
M/S/P Siedow/Dunn — to direct the staff to contact Oak Park Heights staff
for a meeting next week, discuss issues on 55th Street, closure and proposed
location of cul-de-sac, then set up a meeting with staff and residents to get
LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2001 4
their input and set another meeting between staff, council and residents
(sometime around the second week of July). (Motion passed 5-0) DeLapp
stated residents would have a greater level of confidence if they would be
present first hand. Residents will be notified of the meeting.
M/S/P Durm/Siedow - to direct staff to select a new closing date for 551n
street. (Motion passed 4- 1 Delapp:why can't there be a barricade in front
with no trespassing).
Mr. Longacre commented that the well contractor making noise working
past 9 p.m. Tom Prew was directed to contact Keys Well Drilling and
inform him of the City's noise ordinance.
5. NEW BUSINESS:
Administrator Kueffner explained the brush notice was mailed to Lake Elmo
residents, but some residents living in West Lakeland and have Lake Elmo
postal address, received notices. Kueffner received a call from a West
Lakeland resident asking when their brush would be picked up because they
received the brush notice. The Council clearly stated the crew would only
pick up brush for the residents of Lake Elmo, not West Lakeland or
Baytown Township. A suggestion was made to talk to the postal system to
change addresses in Carriage Station from Stillwater to Lake Elmo.
6. CONSENT AGENDA:
A. Confirming Resolution of Denial — Kiesling Shoreland Variance
(Council voted to move this item to 9F.)
7. MAINTENANCE/PARK/FIREBUILDING:
A. Update of Maintenance Dept. Activities: NONE
B. Update of Fire Dept. Activities:NONE
C. Update of Building Dept.:Jim McNamara
Building Official Jim McNamara reported there were 20 new residential
permits issued for the month of May. He stated he issued a permit for
concrete, but has not received final plans for the Wildwood Inn. The
Council asked that the propertyowner be notified if any approval of permits
or site plan approval are to expire. Jim noted the construction on the coffee
shop is progressing slow and the City wasn't holding it up.
LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2001 5
Council member Dunn asked if a plan has been submitted for parking on
Lake Elmo Ave where the yellow house stands. Administrator Kueffner
stated John Schultz, the owner, told her he would see her soon. Council
member DeLapp asked if a parking lot is allowed in the downtown. He also
asked that the MN Land Trust be notified that one of their outlots in the
Homestead development is being used as a parking lot. Mayor Hunt thought
these cars were parked there for the Luxury Home tour.
8. CITY ENGINEER'S REPORT:
A. Partial Payment Well No. 2
Tom Prew reported Keys Well Drilling Company has been working on this
site for about six weeks, and drilling is progressing as expected.
M/S/P Siedow/Armstrong — to approve Partial Payment No. 1 for
construction work on Well No. 2 in the amount of $19,380.00 as
recommended by Tom Prew. (Motion passed 5-0.)
9. PLANNING. LAND USE & ZONING:
A. PUD Development Stage Plan - Carriage Station
Planner Dillerud reported this application was tabled at the June 5 Council
meeting to allow the applicant an opportunity to reconsider the site design in
terms of the suggestions and issues raised by the Council regarding the plan
as proposed on June 5, including the following:
1. Reduction in the amount of off street parking to reduce impervious
coverage.
2. Elimination of one of four proposed structures.
John Arkell submitted two alternative revised PUD Plans; one showing a 3
structure arrangement and, one showing a revised 4 building arrangement.
The two revised plans both reflect a reduction of off-street parking from the
120 spaces of the May 8 plan, to 98 spaces.
Council member DeLapp pointed out the City of Oak Park Heights is
moving the driveway off of 55'h street and suggested Mr. Arkell look into
moving his entrance, the East side of building one, which would eliminate
150' of road and car lights shining into houses
LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2001
Planner Dillerud stated the lighting proposal does meet the code requiring
1.5 candlepower. Require outdoor parking areas is 1-foot candle.
M/S/P Siedow/DeLapp — to direct John Arkell to go with 1-foot candle for
lighting in the Carriage Homes IX PUD Development Stage Plan. (Motion
passed 5-0).
M/S/P DeLapp/Siedow - to adopt Resolution 2001-041, approving the PUD
Development Stage Plan, Preliminary Plat and Site Plan for a 4-building
plan, dated June 11, 2001, with the addition of the Council motion on 1-foot
candle power lighting requirement, and allowance of developer to give
consideration if interested relocating the entry drive off of 551h Street on
either side of the building on the northwest. (Motion passed 4-1:Dunn
voiced her concern with PUD developments, in general. The density was too
high, too many buildings for such a small area and was concern on water
runoff)
B. Requests for Proposals — Community Development Block Grant
(CDBG)
Washington County has approved Lake Elmo's CDBG application; and
funding will be available beginning July 1, 2001. The Council will use a
portion of the $90,000 it will receive in Community Development Grant
funds to hire consultants to complete studies: a design study of the City's
Old Village neighborhood, a study aimed to update the City's zoning code
and a study to determine the City's future facilities and staffing needs.
Planner Dillerud stated in addition to the federal money, at least $10,000 in
local funds will be spent on the studies.
M/S/P Siedow/DeLapp — to approve the RFP's for CDBG funding for the
Old Village Neighborhood Design Study; the Zoning Ordinance; and, the
Community Facilities forecast, as recommended by the Planning
Commission. (Motion passed 3-2:Dunn stated she's not a fan of government
grant programs, Armstrong stated she voted against the City's participation
in the grant program last year as well. Residents from the Old Village stated
they were against architectural standards.)
LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2001 7
G. Kiesling Confirmation Resolution
Mayor Hunt asked that this agenda item be pulled off the consent agenda
because the Planning Commission at their June meeting, did add Findings
for approval of the variance. Attorney Filla stated the Council has to take
action on this regardless of what is stated in the Planning Commission
minutes.
Joe Kiesling stated he never was granted what he originally asked for.
John Hammerly, a new resident along the lake, voiced concerns on process
being used because he will be applying for a variance. He asked the Council
to be fair and look at parking and vertical effect of building.
Council members Dunn and Armstrong commented that originally the
permit was to make the house more habitable and the house is a beautiful
home. They appreciated Molly Shodeen, DNR, coming and agreed with her
that decks do turn into living space. (See Molly Shodeen's comments in the
June 5 Council minutes.) The proposal is not just a deck, but a 1400 sq.ft.
addition 22' from the OHWM where 100' from the OHWM is required.
Council member Dunn stated the water problems date back 15 or more years
when homes were affected with water problems were supposed to be moved.
This gets lost when you don't have the history.
M/S/P Dunn/Armstrong - to adopt Resolution No. 2001-043, Order Issued
By The Board of Adjustments and Appeals to reverse the decision of the
Planning Commission on Appeal and deny the variance application of
Joseph Kiesling, 9359 Jane Road N. (Motion passed 3-2:Siedow stated
things changed as there are large homes around the lake, and the water level
is down. Mayor Hunt stated this project would not encroach closer to the
water. He could not see any difference between what Kiesling proposes to
what his neighbor built.
C.Erosion Control and Street Cleaning Ordinance
Planner Dillerud reported the City has had its share of grading and erosion
control problems in recent years. The problem faced by all cities with new
developments is that there tends to be many players that create dirty streets
and erosion problems during and after construction. In the end it is the City
LAKE ELMO CITY COUNCIL MINUTES DUNE 19, 2001 8
that gets stuck with sedimentation problems in what have become public
holding ponds and/or storm sewers and swales. The more difficult issues of
erosion control and clean streets begin once individual builders start homes
on the lots that have been created. Planner Dillerud provided a draft
ordnance that addresses the main issues and would replace current Section
505.13 of the code.
M/S/P Siedow/Armstrong — to direct staff to continue with amendments to
Section 505.13 (Erosion Control) In Section 3, Subd A Delete strawbales as
they went out with the twist. (Motion passed 5-0). Dillerud stated he would
come back to next meeting with a complete ordinance.
D. Planning Commission Old Village Special Projects - Work Plan
Priorities
M/S/P Siedow/Dunn — to adopt the Planning Commission Old Village
Special Projects Work Plan as presented with no Council prioritizing. The
Council suggested that drainage be number 1 priority because of the
problems in the old village area. (Motion passed 4-1:Armstrong asked that
the PZ not be given such a big project to work on and it would take too long.
She suggested they look at the drainage issue first and see how long this
project takes.)
B. Ordinance repealing sprinkling requirement in non commercial zoning
districts
Administrative Kueffner reported that some of the Council members
commented that it was never their intent to require this costly improvement
for low impact agricultural use to be sprinkled. This would defeat the
purposes of the low impact agricultural district. The intent is to allow
property owners a reasonable use of a very small portion of their land while
keeping the remainder of it in open space. The Administrator drafted an
ordinance that will repeal Section 500.05 2 and have added the sprinkling
requirement as a City Regulation rather than an Optional Chapter of the
State Building Code. The City will require that all buildings in a
commercial zoning district that exceed 5,000 sq.ft. be sprinkled, if water is
available and there is adequate pressure.
Council member DeLapp stated the proposed ordinance provides for
selective favoritism for two or perhaps three property owners. If owners
LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2001 9
cannot afford to pay minimal taxes on Ag land and grow crops as others in
Lake Elmo, they can subdivide using the cluster ordinance and remove land
from the "holding zone" category. The 40 acre parcel referenced was
purchased for less than the cost of most clustered lots and was short platted
for development. It is not consistent with need to reduce fire dependency on
volunteer fire department and City taxpayers as a whole. Exact same
business if in a RED business zone would be required to be sprinkled.
Tom Prow asked for clarification of water being "available". Attorney Filla
has reviewed proposed amendment and understands Prew's concern with the
word "available" and suggested the wording "adjacent". Council member
DeLapp added that LB has no water available.
M/S/P Siedow/Dunn — to adopt Ordinance No. 9781, Repealing Section
500.05 2. (Optional Chapters of the Minnesota State Building Code) and
Amending Section 500.06 (Local requirements for Fire Suppression
Systems) and Renumbering Current Section 500.06 to 500.0 and
Renumbering Current Section 500.07 to 500.08. (Motion passed 4-
1:DeLapp:we don't need to have business to be put on Ag land. The mere
fact we allow some commercial building to do this means we are giving
them special privileges.)
10.CITY ATTORNEY'S REPORTS: NONE
ILCITY COUNCIL REPORTS:
Council member DeLapp asked that the City discuss park dedication fees. In
the past few months one development with 109 houses and 5 businesses paid
$100,000 and another with 11 houses paid over $30,000.
M/S/P DeLapp/Dunn — to add discussion on park dedication fees to a future
Council agenda. (Motion passed 5-0).
Administrator Kueffner indicated the Fire Dept. Advisory Meeting is
scheduled for the P Saturday in July.
Council member Dunn would like the PUD eliminated from the code.
Council member Siedow explained the machinery you see at the Lake Elmo
airport is working on repaving the runway.
LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2001 10
Council member Dunn asked about the Tower Ordinance, which Planner
Dillerud stated would be brought back at the next meeting. He was asked not
to link the cell ordinance with this tower ordinance.
12. UNFINISHED BUSINESS:
A. Ordinance banning Parking on 50th St.
The City should have adopted an ordinance, not a resolution, prohibiting
parking on either side of 50th Street.
M/S/P Dunn/Armstrong — to adopt Ordinance 9782, An Ordinance that
prohibits parking on either side of 501h Street. (Motion passed 5-0).
B. Ordinance banning Parking in Heritage Farms
At the June 5th meeting, the Council heard from Mr. Cheney regarding the
problem they are having accessing their home because of the narrow roads
and parking on both sides of the street. Administrator Kueffner asked to get
the opinion from Tom Prew and Dan Olinger on which side of the road
parking should be allowed and no parking in the cul-de-sac. Kueffner
prepared an ordinance that will allow parking on only one side of the street
in the Heritage Farms development. She will contact the HOA of Heritage
Farms before the ordinance is adopted.
13. CITY ADMINISTRATOR'S REPORT:
Administrator Kueffner stated she does have the A. Carlone item that needs
to be addressed by the Council.
The Council adjourn meeting at 10:40 p.m.
Resolution No. 2001-043 Order issued by the Board of Adjustments and
Appeals for Joe Kiesling
Ordinance No. 9781 Repeating Local Requirements for Fire Suppression
Ordinance No. 9782 Prohibiting parking on 50th Street
LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 2001 11
i
Mayor:
Lee Hunt
Lake Elmo City Council
Councilmembers:
3800 Laverne Avenue No.
Steve DeLapp
Tuesday
Lake Elmo, MN 55042
Susan Dunn
777-5510 777-9615 (fax)
Rosemary Armstrong
JUNE 19 2001
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 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
June 5, 2001
r
3. Claims
y
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Proclamation for Huff N Puff Days,
Liquor License and Request to waive fees:
Lake Elmo Jaycees
B. MnDot:IIighway 36 Corridor
Management Plan
C. Proposed change to location of cul-de-
sacs on 551h Street
5. NEW BUSINESS:
6. CONSENT AGENDA:
A. Confirming Resolution of Denial —
Kiesling Shoreland Variance
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. Partial Payment Well No. 2
Lake Elmo City Council Agenda
June 19, 2001
Page 2
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. PUD Development Stage
Plan/Preliminary Plat/Site Plan —
Carriage Station
B. CDBG Request for Proposal
C. Erosion Control and Street Cleaning
Ordinance
D. Planning Commission Old Village
Special Projects — Work Plan Priorities
E. Ordinance Repealing Sprinkling
Requirement in non-commercial zoning
districts, or where sufficient municipal
water is not available
10. CITY ATTORNEY'S REPORT:
11. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council MemberDeLapp
C. Council Member Dunn
D. Council Member Armstrong
E. Council Member Siedow
12. UNFINISHED BUSINESS:
13. CITY ADMINISTRATOR'S REPORT
A.
July 3rd City Council meeting has
been cancelled