HomeMy WebLinkAbout10-16-01 CCMMINUTES APPROVED: November 7, 2001
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 16, 2001
1. AGENDA
2. MINUTES: October 2, 2001
3. CLAIMS
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Clarification of Front, Side, Back Setbacks
B. Don Wisniewski: Washington County
C. Resolution rejecting TH36 Corridor Plan
5. NEW BUSINESS:
6. CONSENT AGENDA:
A. Resignation of Arlo Frost, Old Village Special Projects
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Maintenance Dept. Activities: Dan Olinger
B. Update on Fire Dept. Activities: Greg Malmquist, Fire Code
Ordinance, New Construction
C. Update on Building Dept. Activities and Complaints: Jim McNamara
CITY ENGINEER'S REPORT:
A. Verbal update on closure of 55th Street
B. Partial Payment for 50th Street
C. Partial Payment for 15th Street
D. Proposal for Electrical Modifications, Generator Connections for
Three Lift Stations and Well No.
9. PLANNING, LAND USE & ZONING:
A. Minor Subdivision: Gust Kempf, 2685 Lake Elmo Avenue
B. Site & Building Plan Review: Neil & Susan Sieverson
C. Shafer Mining - Conditional Use Permit Violations
D. Zoning Text Amendment, Delete "or equivalent" From Minimum
Architectural Standards in GB, BP,LB Zones
E. Pole Buildings
10.CITY ATTORNEY'S REPORT:
A. Busch's Alley
I LFINANCE DIRECTOR'S REPORT:
A. Resolution authorizing signatures on Lake Elmo Bank accounts
12.UNFINISHED BUSINESS:
13.CITY ADMINISTRATOR'S REPORT
14.CITY COUNCIL REPORTS:
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001
Mayor Hunt called the meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Siedow, Hunt, Armstrong, DeLapp, Dunn (arrived
7:10 p.m.), Planner Dillerud, City Engineer Prew, Administrator Kueffner,
City Attorney Filla, Finance Director Berg, Building Official Jim
McNamara, and Fire Chief Malmquist
L AGENDA
ADD Pole Building ordinance
M/S/P Armstrong/Siedow - to approve the October 16, 2001 Council
agenda, as amended. (Motion passed 4-0).
2. MINUTES: October 2, 2001
M/S/P Armstrong/DeLapp - to approve the October 2, 2001 City Council
minutes, as amended. (Motion passed 3-0-1:Siedow abstained.)
3. CLAIMS
MIS/P DeLapp/Armstrong — to adopt Resolution No. 2001-090, approving
claim numbers19205 through 19275 in the amount of $126,337.37. It was
noted that there was a claim for Buberl Recycling & Compost, $16,134.75
for brush pile grinding. (Motion passed 5-0).
4. PUBLIC INQUIRIES/INFORMATIONAL
A. Clarification of Front, Side, Back setbacks
At the September 18, 2001 meeting, Rod Sessing, 5699 Keats Avenue asked
how the City interprets front, side and rear setbacks. Definitions from
Section 150 of the City Code were provided.
Attorney Filla explained your front yard is the distance between your house
and your front lot line. If your house is at an angle the distance between the
closest point of your house to the front lot line is your front yard. Rear
setback is the opposite.
B. Don Wisnewski, Washington County Transportation
Mayor Hunt stated there has to be reasonable speed limits at the CSAH13
and CSAH10 intersection. Don Wisniewski stated he could ask for a speed
study and would possibly see a reduction in speed on Inwood Avenue. He
would be willing to look at advanced signing to prevent accidents IF there
are an excessive number of accidents. Council member Dunn would support
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001 2
lights this time because the City has to deal with what we have there.
Council member Siedow stated he was in favor based on the safety concern
voiced by Council member Armstrong because she sees, first hand, the large
amount of traffic and agrees with installation of lights.
Administrator Kueffner stated residents of Fields of St.Croix would be
asking for a signal light so they can get out of their development.
Council member Dunn stated that over 20 years CSAH19 was suppose to be
a parkway. Wisniewski explained he took the City's information and went
back and got $15,000 to enter into a contract this year for trees planted. The
County will also restore the "Welcome to Lake Elmo" sign that was erected
as an Eagle Scout project.
Council member DeLapp stated Lake Elmo seems to be the racetrack and
mitigation needs to be agreed upon and stated in a State document agreeing
on a design for 40 mph, not 65 mph, and include parkway landscape on 10`h
St. in addition to CSAHl9.
M/S/P Dunn/Siedow - to adopt Resolution No. 2001-091 approving the
plans for Project No. SAP 82-610-09 relating to a Traffic Signal at CSAH10
and CSAH13 and that all lighting meet Lake Elmo's lighting standards and
to work toward lowering the speed limit. (Motion passed 4-1DeLapp: We
had a very good proposal from our City Engineer that would work well and
be a model for the state of MN.)
Lanes turning on to CSAH13 from Hudson Blvd.:
Council member Dunn had concerns on increasing impervious surface. Mr.
Wisniewski responded there was about 17,000 sq.ft. that is equivalent to 4
tenths of an acre. Council member DeLapp stated it doesn't look rural, but
looks like Woodbury and Oakdale. Council member Armstrong pointed out
we have sewered this area, which has drawn in traffic. DeLapp asked if
there was landscaping planned. Mr. Wisnewski responded this is a signal
project and no landscaping is planned. Planner Dillerud pointed out there is
landscaping going in by the developer on the corner and won't look as stark.
We could mitigate further east past United Properties.
M/S/P Siedow/Armstrong - to adopt Resolution No. 2001-092, approving
the plans for Project No. SAP 82-613-069 relating to Lane Geometry at
Hudson Blvd, and CSAH13, subject to all lighting will meet city lighting
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001 3
standards. (Motion passed 3-2:Dunn felt one single left lane would be
plenty. DeLapp was strongly opposed to this. His voting "no" meant he
does not want large amounts of development. Armstrong indicated this is
the border of our town.
Council member Dunn offered to serve on the transportation board to
consider a study to the width and configuration of roadways and the
potential use of roundabouts. Mr. Wisniewski suggested putting her name in
with the League of MN Cities to get membership on this committee.
M/S/P Dunn/DeLapp — to request Washington County Board of
Commissioners consider the appointment of a committee to study
alternatives to the current standards used by the County for roadway design
and construction. (Motion passed 5-0).
M/S/P Armstrong/Siedow - to accept the offer from Washington County to
repair the "Welcome to Lake Elmo' sign that was installed in the County
Road 19 median and the long awaited landscaping proposed in this median
and to thank the Boy Scouts that originally put up the sign. (Motion passed
5-0).
Council member DeLapp suggested staff come up with a consistent policy
for City identification sign placement. When people see the Welcome to
Lake Elmo sign by the Schiltgen farm, they think they are entering Lake
Elmo.
C. Resolution rejecting TH36 Corridor Plan
At the September 28, 2001 meeting, Council directed staff to draft a
resolution opposing the Regional Corridor designation of TH36. A Draft
resolution was provided for Council consideration. Council member Dunn
had talked to Sheriff Frank, who had concern with safety issues.
M/S/P Dunn/Siedow to adopt Resolution no 2001-094, as amended,
declining acceptance of and Participation in the TH36 Corridor Management
Plan. (Motion passed 4-1:Armstrong.) Siedow disagreed with items 3 and 4.
Amend: ADD Whereas the City does not believe that all safety aspects are
properly addressed with the closing of so many access points, Armstrong
said we are kidding ourselves that we are making this a parkway.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001 4
Mr. Wisniewski stated the City has to submit their disfavor with a three-
quarter access on CSAH17. Council member Dunn pointed out in the 5-year
CIP, for safety aspect if there is signalization to slow traffic down then you
don't need a three-quarter access. Mayor Hunt stated he would consider
this, but needs more discussion.
5. NEW BUSINESS
Terry Berg gave an update on the status of networking.
6. CONSENT AGENDA
A. Resignation of Arlo Frost Old Village Special Projects
M/S/P Dunn/DeLapp - to postpone consideration of Arlo Frost's resignation
and urge Mr. Frost to reconsider his resignation or to request consideration
of appointment to serve on the Planning Commission when there is an
opening or share any alternatives for the special projects village commission.
(Motion passed 5-0).
7. MAINTENANCE/PARK/FIRE/BUILDING:
Gloria Knoblauch asked when the potholes would be filled on Laverne
Avenue. This will be answered for the next meeting.
Council member Dunn received a request for a second street sweeping of an
area in Tartan Meadows.
A. Update On Maintenance Dept. Activities: Dan Olinger — Not in
attendance
B. Update on Fire Dept. Activities Greg Malmquist, Fire Code Ordinance
New Construction
Fire Chief Malmquist updated the Council on the Fire Department's Fire
Prevention Open House and other Department activities.
Fire Chief Malmquist has drafted a Fire Detection ordinance, which was
reviewed and approved by the Building Official. Attorney Filla reported the
Ordinance needs to be restructured, and Council thought it was a good idea
to send the ordinance to Lake Elmo Business Assoc. for its input.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001
M/S/P Dunn/DeLapp - to table an Ordinance adding Section 510 "Fire
Detection" to the Lake Elmo Municipal Code. (Motion passed 5-0.)
C. Update on Building Dept. Activities and Complaints: Jim McNamara
Jim McNamara provided a September Summary Building Report Update
with 117 new residential homes and 5 commercial buildings. Jim reported he
tried to get an update on complaints from Attorney Shoeberg, but did not get
an answer and will try for the next months meeting. The permit has been
issued for the new hotel, but contractors have been changed by the Machine
Shed.
8. CITY ENGINEER'S REPORT:
A. Verbal Update on Closure of 55`h Street
Tom Prew has called the contractor and still hasn't seen a plan, but Tom will
continue to bug the contractor.
B. Partial Payment of 501h Street
M/S/P Armstrong/DeLapp - to approve Partial Payment No. 2 to T.A.
Schifsky and Sons in the amount of $136,371.53. (Motion passed 5-0).
C. Partial Payment for 15th Street
M/S/P DeLapp/Armstrong - to approve Partial Payment No. 2 to Tower
Asphalt in the amount of $63,846.45. (Motion passed 5-0).
D. Proposal for Electrical Modifications, Generator Connections for
Three Lift Stations and Well No. 1
Tom Prew provided a proposal for $20,000 in electrical lift stations and
leasing generators:
M/S/P Armstrong/DeLapp — to approve the Electrical
Modifications/Generator Connections for three lift stations and Well No. 1 at
an estimated cost of $20,000, shared between the accounts of the three lift
stations and Well No. 1. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001 6
9. PLANNING, LAND USE & ZONING:
A. Minor Subdivision: Gust Kempf, 2685 Lake Elmo Avenue
Planner Dillerud reported the Planning Commission recommended approval
of this application to divide an existing 15+ acre parcel into 3 parcels; and to
concurrently consolidate two of those three parcels with two adjoining
existing parcels. The result is to increase the area of the two existing
adjacent parcels sufficient to move them from non -conforming in area to
conforming in area in the R-1 zoning district.
M/S/P DeLapp/Dunn — to adopt Resolution No. 2001-095, approving the
concurrent division/consolidation application of Kempf/Raleigh/Treml in
accordance with the graphic staff -dated October 4, 2001; and subject to the
conditions listed. (Motion passed 5-0).
B. Site & Building Plan Review: Neil & Susan Siverson
Planner Dillerud reported the Planning Commission recommended approval
of the Section 520 Site Plan for the Siverson Non-Ag Low Impact
Conditional Use Permit. The purpose of this review of the project is to
address issues such as site grading and drainage and apply the Section 520
requirements regarding site landscaping security. The fact that a Non-Ag
Low Impact site is zoned AG precludes addressing issues of architectural
performance standards.
Planner Dillerud pointed out that the applicant proposes a modification
involving construction of two smaller storage structures in addition to the
larger structure along the west line of the CUP area. By that modification all
outside storage would be screened from the homes 200+ feet to the west of
the CUP area by structure, rather than landscaping. The landscaping
intended for the area now proposed to be occupied by the two smaller
structures has been moved to the west line of the overall site, to better
separate the driveway to the CUP area from homes in Cardinal Ridge
Council member DeLapp stated you were looking at a beautiful farm field
and now you look at a building which spoils everything. He would rather
see a use as OP consistent with the rest of the City. Council member
Armstrong stated this project leaves 96% of the land open.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001 7
M/S/P Dunn/Armstrong - to approve the Section 520 Site Plan for Susan and
Neil Siverson, based on the recommendation of the Planning Commission;
and plans staff -dated October 2, 2001, and subject to the following 6
conditions:
1. Compliance with all conditions of the conditional use permit for Non -
Agricultural Low Impact Use (City Council Resolution No 2001-040).
2. Compliance with the recommendations of the City Engineer.
3. Outside storage may only be undertaken on that portion of the CUP Area
that is screened to the West by a structure physically located on the CUP
area.
4. No signage related to the use is approved.
5. Any exterior lighting shall comply with the standards of Section 1350 of
the City Code.
6. All site landscaping improvements shall be installed within 180 days of
issuance of a building permit for any structure in the CUP area; and, be
secured by the owner for a period of two years, as provided by Section 520
of the City Code. (520.01, Subd. 1 C4). (Motion passed 5-0).
C.Shafer Mining Conditional Use Permit Violations
Planner Dillerud reported on the site inspections to determine Shafer's
compliance with its CUP for mining operations on May 10 and July 7, 2001.
Scott Spisak, representing Shafer contracting, corrected the Planner that it
was the August 7 b meeting and not July 7, 2001. Mr. Spisak explained
Shafer Contracting did remove the concrete barriers and 60% of the
material. More material would be going out this fall to Woodbury for final
construction phases. Council member Siedow asked how long has material
been stockpiled? Spisak responded for as long as he can remember. Siedow
was willing to give removal of material until July, 2002 with no more
material brought in. DeLapp stated the material coming in is in violation of
our CUP. The pile of loose gravel and sand is degradation to the residents.
Shafer put up a large berm as raw dirt, and the dirt is blowing into the
residents' property. There is extra road damage with the truck traffic. How
much are we getting in Fees? Planner Dillerud responded there is minimal
extraction fees collected, and the City gets a small part. Council member
Dunn would approve extending to July 31 at the latest.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001 8
Scott Spisak stated Shafer Mining is in the business for building roads. We
did seed the berm, and it is a temporary berm that will be removed. There is
no dust blowing from the aggregate piles. It is hard to give the Council an
ending date. In response to Council member's DeLapp request to shut off
the backup sounding alarm on machines, Mr.Spisak stated OSHA requires
backup sounding alarms. DeLapp pointed out Washington County has video
cameras for back up. He observed on sight the bulldozers had no backup
sounding alarms. He asked, "who is addressing the safety issues?"
M/S/P DeLapp/Siedow — that Shafer Mining has until July 31, 2002 to
remove stockpiled materials conditioned upon submitting a schedule for
finishing out its use, submit a schedule for restoration of site, and submit a
landscaping plan for the berm on the north acceptable to the Council
(Motion passed 5-0)
D.Zoning Text Amendment Delete "or equivalent" from Minimum
Architectural Standards in GB, BP, LB Zones
On October 10, 2001, the Planning Commission conducted a public hearing
and adopted a recommendation regarding the deletion of the terms "or
equivalent" from the exterior facing requirements that specify "brick, stone,
glass" in the BP, GB and LB zoning Districts. The Commission
recommended deleting these terms.
Planner Dillerud reported the Commission discussed the concept of further
amendments to the Performance Standards of all 3 zoning districts and asked
staff to suggest some revision to existing code language, such as different
approach to architecturally enhanced concrete block than the "may approve"
terms now in the code. The Commission also requested new language that
would accommodate material other than brick, stone or glass as trim
materials, and where structure additions are proposed and the existing
structure is faced with something other than brick or stone.
M/S/P Dunn/Armstrong — to adopt Ordinance 9792, amending Section 300
of the City Code to delete the terms "or equivalent" from the exterior facing
requirements of the Performance Standards in the BP, GB, and LB zones.
(Motion passed 4-1:Siedow opposed to the strict standards and knows it is a
safety issue). Council member DeLapp asked if the ordinance makes any
reference to the concrete block. Dillerud responded that the commission is
going to look at this further.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001 9
E. Pole Buildings:
Administrator Kueffner provided a draft ordinance amending Section
505.10, Pole buildings shall be permitted in the Agricultural and Rural
Residential Zoning District only, except they shall be prohibited where a
Conditional Use Permit has been issued for an Open Space Preservation
Development.
M/S/P Armstrong/Dunn — to adopt Ordinance 9791, as amended (delete
"construction" of pole construction buildings), An Ordinance amending the
Lake Elmo Municipal Code Section 505.10 Pole Buildings. (Motion passed
5-0). Staff decides if it is appropriate to define preengineered metal
buildings.
10.CITY ATTORNEY'S REPORT:
A. Busch's Alley
Attorney Filla reported in his September 17, 2001 memo, that Busch's alley
was dedicated for public use when Busch's First Addition was platted. The
alley does not look 20' wide especially by the entrance to Highway 5. Staff
suggested having a survey done for the northern portion of that alley. It is in
the health, safety and welfare for the residents to establish the location of the
dedicated alley. After obtaining an alley survey, the City can determine
whether the improved alley surface is within or beyond the dedicated right-
of-way. Administrator Kueffner advised that River Valley Catering has to
apply for a fence permit.
M/S/P Armstrong/Siedow - to direct the staff to pursue a surveyor to survey
the portion of the northern part of the alley to the Lake Elmo Banquet hall.
(Motion passed 5-0).
11.FINANCE DIRECTOR'S REPORT:
A. Resolution authorizing signatures on Lake Elmo Bank accounts
The Council adopted Resolution No. 2001-056 in August adding Terry J.
Berg as an authorized signature in addition to Lee Hunt, Mary Kueffner and
Marilyn Banister on the two accounts (checking account and money market
account) at the Lake Elmo Bank. The draft resolution removed Marilyn
Banister as an authorized signature.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2001 10
Mayor:
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Rosemary Armstrong
Chuck Siedow
Laln+e Elmo City Counch
Tuesday
October 16, 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
October 2, 2001
3. Claims
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Clarification of Front, Side, Back
setbacks
B. Don Wisnewski: 101' & Helmo Ave.
C. Resolution rejecting TH 36 Corridor
Plan
5. NEW BUSINESS:
6. CONSENT AGENDA:
A. Resignation of Arlo Frost, Old Village
Special Projects
7. MAINTENANCE/PARK/FIRE/BUILDING
A. Update on Maintenance Dept. Activities:
Dan Olinger
B. Update on Fire Dept. Activities:Greg
Malmquist, Fire Code Ordinance, New
Construction
C. Update on Building Dept. Activities and
Complaints: Jim McNamara
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Verbal Update on Closure of 551h Street
B. Partial Payment for 501h Street,
C. Partial Payment for 15th Street
Lake Elmo City Council Agenda
October 16, 2001
Paee 2
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Minor Subdivision: Gust Kempf, 2685
Lake Elmo Avenue ..
B. Site & Building Plan Review: Neil &
Susan Siverson
C. Shafer Mining - Conditional Use Permit
Violations
D. Zoning Text Amendment, Delete "or
equivalent" from Minimum
Architectural Standards in GB, BP, CB,
LB Zones
10. CITY ATTORNEY'S REPORT:
A. Busch's Alley
11. FINANCE DIRECTOR'S REPORT:
A. Resolution authorizing signatures on
Lake Elmo Bank accounts
12. UNFINISHED BUSINESS:
13. CITY ADMINISTRATOR'S REPORT
A.
14. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Armstrong
E. Council Member Siedow
OCTOBER 23rd, 7 p.m. Meeting
with Old Village Area
Propertyowners