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Home My WebLink About10-02-01 CCMMINUTES APPROVED: OCTOBER 16, 2001 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 1. AGENDA 2. MINUTES; September 18, 2001 (Postponed) 3. CLAIMS 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 5. PUBLIC HEARINGS: A. Municipal Services and/or Municipal Utilities Special Assessment Public Hearing B. 15�' Street Special Assessment Public Hearing C. 50t' Street Special Assessment Public Hearing 6. CONSENT AGENDA 7. MAINTENANCE/PARK/FIREBUILDING: 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. Conditional Use Permit Amendment: Country Aire Driving Range, Ray & Jane Salus B. Amateur Radio Tower Antenna Permit: Bob Helwig C. Amendment to Zoning Ordinance and Definition - Fitness Studio D. Amend Zoning Ordinance Text and Definition - Therapeutic Massage E. Community Facilities Staffing Forecast - Consultant Selections F. Amendment to Building Height Ordinance 1 O.CITY ATTORNEY'S REPORT: 1 LFINANCE DIRECTOR'S REPORT: A. Fixed Assets Inventory - GSAB 34 12.CITY ADMINISTRATOR'S REPORT: A. Update: Cable Equipment 13.CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Dunn, Hunt, Armstrong, DeLapp, Administrator Kueffner, Finance Director Berg, Attorney Filla, and City Engineer Prew L AGENDA M/S/P DeLapp/Armstrong - to approve the October 2, 2001 City Council agenda, as amended. (Motion passed 4-0.) LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 1 2. MINUTES': September 18, 2001 (Postponed) 3. CLAIMS M/S/P DeLapp/Dunn - to adopt Resolution No. 2001-087, Claim Nos. 19159 through 19204 in the amount of $29,348,79. (Motion passed 4-0). 4. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Inquiries Vince Ehlers voiced his concern about ATV's speeding on 55`h Street in the afternoon. He asked when would 55 h Street be closed?' Tom Prew responded the contractor has drawn up plans and the closing should be completed in couple weeks. Council member DeLapp asked about installing barricades across the street, but the Council asked that this wait. Prew would give an update at the next Council meeting. Rod Sessing, 5699 Keats Avenue, asked how does the City interpret front, side and rear setbacks. Administrator Kueffner stated this request would be sent to the Building Official and Planner for interpretation: 5. PUBLIC HEARING: A. Municipal Services and/ or Municipal Utilities Special Assessment Public Hearing The Public hearing notice was published in the September 14, 2001 Stillwater Gazette and notices were mailed to propertyowners of their proposed assessment for unpaid utility bills. Finance Director, Terry Berg, reported the City has a policy not to shut off utilities, so the unpaid balance continues to increase. Six notices were mailed with three accounts being paid in full. The City's fee schedule provides that the City charge $25 or 8.0%, whichever is greater to certify the special assessment to the County. The assessment is for one year. Property owners have 30 days to pay this assessment, Mayor Hunt opened up the public hearing at 7:12 p.m. There was no one to speak for or against the assessments. Mayor Hunt closed the public hearing at 7:13 p.m. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 2 M/S/P DeLapp/Dunn - to Adopt Resolution 2001-084, A Resolution Adopting the Final Assessment Roll for Unpaid Current Municipal Services and Utilities. (Motion passed 4-0). B. 15`h Street Special Assessment Public Hearing The public hearing notice was published in the September 14, 2001 Stillwater Gazette and notices were mailed to property owners of their proposed assessment and interest rate. Finance Director, Terry Berg, reported the interest rate stated in the public hearing notice was 7.0%, which the Council set due to the events of September 11, 2001. The overall coupon interest rate on the bonds sold on September 24, 2001 was 4.40%. The interest rate in the proposed resolution is 5.4%. Notices will be sent to each property owner notifying them of their final special assessment. Mayor Hunt opened up the public hearing at 7:15 p.m. Dick Cormier, 8742 15`' Street N., asked what happened to the petition he submitted against the project. Administrator Kueffner responded the Council declined the petition and ordered the project. Mr. Cormier stated he and Steven Dahly did not receive the public hearing notice. Administrator Kueffner referred to the certificate of issuance of mailed public hearing showing notices had been sent to Mr. Cormier and Mr. Dahly. Public record showed that Mr. Cormier and Dahly spoke at the meeting and Mr. Cormier's letter was read. Mr. Cormier referred to the Minnesota Statutes Section 429.081 and felt the Council was overstepping their bounds. Dick Cormier stated he faxed over letter on August 17, 2001 to the City and asked why there was no answer. Tom Prew stated the road is not complete and the driveways have to be cleaned up. Mayor Hunt closed the public hearing at 7:21 p.m.. Mr. Cormier submitted his appeal of the assessment. M/S/P Armstrong/Dunn - to adopt Resolution No. 2001-085, A Resolution Adopting Assessment for 15t' Street. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 3 B. 50th Street Special Assessment Public Hearing The public hearing notice was published in the September 14, 2001 Stillwater Gazette and notices were mailed to propertyowners of their proposed assessment and interest rate. Finance Director, Terry Berg, reported the interest rate stated in the public hearing notice was 7.0%, which the Council set due to the events of September 11, 2001. The overall coupon interest rate on the bonds sold on September 24, 2001 was 4.40%. The interest rate in the proposed resolution is 5.4%. Notices will be sent to each property owner notifying them of their final special assessment. Mayor Hunt opened up the public hearing at 7:28 p.m. Administrator Kueffner will talk to the Finance Director about a deferment for Ag land. Mayor Hunt closed the public hearing at 7:30 p.m M/S/P DeLapp/Dunn - to adopt Resolution No. 2001-086, A Resolution Adopting Assessment for 50th Street. (Motion passed 4-0.) 6. CONSENT AGENDA: 7. MAINTENANCE/PARK/FIRE/BUILDING: 8. CITY ENGINEER`S REPORT: Council member DeLapp asked staff to tell Shafer Mining to clean the dirt off of Jamaca Avenue. 9. PLANNING. LAND USE & ZONING: A. Conditional Use Permit Amendment: Country Aire Driving Range, Ray and Jane Salus Planner Dillerud reported the Planning Commission adopted a recommendation to approve the application of Raymond and Jane Salus to amend the existing Conditional Use Permit (Original in 1990 and Amended in 1993) for a golf driving range and practice facility at 404 Lake Elmo Avenue. The amendment is to substitute an 18-hole pitch and putt practice facility for the previously approved (1993) 3-hole regulation length practice facility. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 4 Ray Salus. explained the replacement practice facility would occupy exactly the same space within the site as the previously approved practice facility. No other modifications to the overall site and operation are requested. Tammy Diedrich and Gary Riedez thought the legal description stated that in the public hearing notice included their property. The planner, attorney and Ray Salus would verify the legal description. Additional parldng, if needed, will be on gravel. Council member DeLapp pointed out the condition in the CUP requiring the sign allowed by the entrance would use natural colors. Red letters have been added to the sign and should be addressed. Mr. Salus stated if he got a letter about this, he would have corrected the colors. M/S/P DeLapp/Dunn - to adopt Resolution No. 2001- 088, A Resolution amending Conditional Use Permit No. 90-25 and 93-19 granted to Raymond and Jane Salus, Country Aire Golf Driving Range to include an eighteen Hole Practice/Training Golf Course with review of legal description. (Motion passed 4-0.) B. Amateur Radio Tower Antenna Permit: Bob Helwig Planner Dillerud reported the Planning Commission recommended approval of the application of Bob Helwig for an Amateur Radio Tower Antenna Permit responsive to new Section 1396 of the City code. The commission made its recommendation based on, and including, the five listed factors of the Code. If the Council approves the permit, the applicant and the City are required to enter into an Amateur Radio Tower Antenna Agreement. The Council received the history to leading up to this application and a memo from the City Administrator to the Planning regarding historic matters related to this application and the applicant. M/S/P Dunn/Armstrong - to approve an Amateur Radio Tower Antenna permit for Bob Helwig at 8247 27t' Street, based on the recommendations of the Planning Commission, and subject to the applicant entering into an Amateur Radio Antenna Tower agreement with the City. (Motion passed 4- 0.) For the record, Administrator Kueffner said there was a flagrant violation and the City let it go, and the tower was constructed again after the fire. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 5 There is a problem with perception that Planning Commission members can amend the rules to suit them. The Council stated the City would write up all property owners that are in violation of the City code, whether they serve on commissions M/S/P DeLapp/Armstrong that an after the fact permit fee will be set by staff and fee schedule will be amended to include proposed Amateur Radio Antenna Tower. (Motion passed 4-0.) C. Amendment to Zoning Ordinance and Definition - Fitness Studio Planner Dillerud reported the Planning Commission recommended that Fitness Studio be a Conditional use in the General Business District with a maximum floor area for such uses (5,000 square feet) be added to the definition previously recommended. Staff suggested that this same provision could also be added to the Required Conditions column of the Conditional Uses Table of the General Business zone text. M/S/P Dunn/Armstrong - to adopt Ordinance No. 9786, An Ordinance amending Section 300.07 Subd. 4.H.1.E. of the Lake Elmo Municipal Code to include Fitness Studio as a Conditional Use in the General Business Zoning District. (Motion passed 4-0). M/S/P Armstrong/Dunn - to adopt Ordinance No. 9787, An Ordinance Amending Section 150 Of the Lake Elmo Municipal Code to include a definition of a Fitness Studio. (Motion passed 4-0). D. Amended Zoning Ordinance Text and Definition — Therapeutic Massage Planner Dillerud reported the Planning Commission recommends amending 300.07 Subd. 4H1 e (General Business District - Uses Permitted by Conditional Use Permit) to add the use Therapeutic Massage and amend ined Section 150 (Definitions) to add the definition Massage, Therapeutic. Administrator Kueffner noted that all Therapeutic Massage practitioners are state licensed and the ordinance should be amended to include this requirement. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 6 M/S/P Armstrong/DeLapp - to adopt Ordinance No. 9788, An Ordinance amending Section 150 of the Lake Elmo Municipal Code to include a definition of Therapeutic Massage with the amendment that the practitioner are to be state licensed, (Motion passed 4-0). M/S/ DeLapp/Dunn - to adopt Ordinance 9789, An Ordinance amending Section 300.07 Subd. 4.H.I.E. of the Lake Elmo Municipal Code to include Therapeutic massage as a Conditional Use In the General Business Zoning District Council member DeLapp withdrew his motion based on discussion that the Planning Commission should look at limitations for business, specify conditions such as employees or square footage. M/S/P DeLapp/Armstrong - to refer back to the Planning Commission Ordinance allow Therapeutic Massage as a Conditional Use in the General Business Zoning District if they would like to add special conditions; such as, limiting employees or building square footage. (Motion passed 4-0). Administrator Kueffner suggested the Council invite the two existing Therapeutic Massage businesses in the City to get their input. E. Community Facilities Staffing Forecast — Consultant Selection Planner Dillerud reported the Planning Commission recommended (on a vote of 4-3, with 3 commissioners supporting the proposal of TKDA/Springsted) the City contract with the fine Virchow, Krause & Company, LLP to conduct the Community Facilities and Staffing Forecast. The "Not -to -Exceed" fee for the services to be provided the City is $32,850, all of which is approved for federal funding from Lake Elmo's 2001-2003 Community Development Block Grant allocation. Council member Dunn was looking at longer range and continuity versus fresh start. Council member Armstrong liked TKDA because the firm has been with the City, and never had a problem with this firm Council member DeLapp did not think it was an issue that TKDA has not done this type of work, LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 7 M/S/P Armstrong/DeLapp - to authorize and direct staff and City Attorney to prepare a contract with the firm TKDA, for consulting services to prepare a Community Facilities and Staff Forecasting Study for the City, reflecting the firm's proposal to the City and said Contract to be presented to the Council for approval when completed. (Motion passed 3-1:Hunt voted for the experienced firm of "Virchow, Krause & Company to get a different view, where TKDA is new at this at this work.) Council member Dunn advised that Council Member Siedow had indicated at the past meeting he was leaning with TKDA because of the cost difference. E. Amendment to Building Height Ordinance Planner Dillerud prepared a revised building height ordinance that is consistent with the Uniform Building Code. Building Height: The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by building to the highest point of the roof for flat roofs; to the roof deck line of mansard roofs; and, to the mean height between eaves and ridge for gable, hip and gambrel roofs. M/S/P DeLapp/Dunn - to adopt Ordinance No. 9790, An Ordinance amending Section 150 of the Lake Elmo Municipal Code by Addition of the Following Definition for "Building Height". (Motion passed 4-0). 11. FINANCE DIRECTOR'S REPORT: A. Fixed Assets Inventory - GASB 34 Finance Director Berg reported RCI Technologies provides a Fixed Asset management program for Municipalities. In the City's Fiscal Year 2000 Audit management letter, it was noted that the City must comply with GASB34 by 2003. The GASB financial reporting guidelines required that municipalities have an accurate baseline fixed asset inventory, and be able to separate the assets by areas of responsibility. The Council received RCI's Scope of Services for the Fixed Asset management Program. A proposal was enclosed identifying the services and related cost that the City would in interested in. Lake Elmo requested that our work be completed with other area projects, which would reduce the cost. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 8 M/S/P Dunn/Armstrong - to accept the proposal for Fixed Asset Management Program from RCI Technologies, Inc. (Motion passed 4-0). 12. UNFINISHED BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. Update on Cable Equipment In his memo dated September 27, 2001, Tom Bouthilet recommends upgrade of our cable equipment. The total cost for this upgrade is: Computer $3995.00 Monitor $ 300.00 Misc. cables & accessories $ 150.00 Tax $ 288.93 TOTAL $4733.93 M/S/P Dunn/Armstrong - to approve the upgrading of the cities cable equipment as described in Tom Bouthilet's memo, dated September 27, 2001,at a cost of $4,733.93 to come out of the current cable account balance of $24,997.50. (Motion passed 4-0). 14. CITY COUNCIL REPORTS: Council member Hunt indicated the Residents and Visitors guide of 2001 are available at City Hall. October 9"' is Fire Prevention Awareness night, Oakdale Jr. H.S. at 6:30 p.m. Council member DeLapp will contact staff about an illegal red neon sign erected across from City Hall. DeLapp asked that the Tower Cell Ordinance be reviewed and compare it to the new ordinance from Washington County. The City Planner will discuss the ordinance with the City Attorney. Council member Dunn thanked staff for working on the successful open house for retiring, Jim Bjorkman and Marilyn Banister. The culvert problem in Parkview Estates has been forwarded to the planner and administrator. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 9 The beacon light at the Lake Elmo airport been corrected and residents will have to call if changed. The Council adjourn the meeting at 8:45 p.m. --------------- Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2001-084, Adopting the Final Assessment Roll for Unpaid Current Municipal Services and Utilities Resolution No. 2001-085, Adopting Assessment for 15th Street Resolution No. 2001-086, Adopting Assessment for 50th Street Resolution No. 2001-087, approving claims 19159-19204 in the amount of $29,348.79 Resolution No. 2001-088, Amending CUP No. 90-25, 93-19 granted to Raymond & Jane Salus, Country Aire Golf Driving Range to include an 18 hole practice/training golf course Ordinance No. 9786 Amending Section 300.07, Subd. 4.1-I1.E. include Fitness Studio as a conditional use in GB zoning district Ordinance No. 9787 Amending Section 150 to include definition of Fitness Studio Ordinance No. 9788 Amending Section 150 to include definition of Therapeutic Massage Ordinance No. 9789 Amending Section 300.01 subd 4.H.1.E. to include Therapeutic massage as a conditional use in GB zoning district POSTPONED Ordinance No. 9790, Amending Section 150 by adding definition for Building Height LAKE ELMO CITY COUNCIL MINUTES OCTOBER 2, 2001 10 Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Laixc Elmo City Council Tuesday October 2, 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 September 18, 2001 (Postponed) 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 5. PUBLIC HEARING: A. Municipal Services and/or Municipal Utilities Special Assessment Public Hearing B. 151h Street Special Assessment Public Hearing C. 501h Street Special Assessment Public Hearing 6. CONSENT AGENDA: 7. MAINTENANCE/PARK/FIRE/BUILDING A. 8. CITY ENGINEER'S REPORT: Tom Prew 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Conditional Use Permit Amendment: Country Aire Driving Range, Ray Jane Salus B. Amateur Radio Tower Antenna Permit:Bob Helwig Lake Elmo City Council Agenda October 2, 2001 Page 2 C. Amendment to Zoning Ordinance and Definition - Fitness Studio D. Amend Zoning Ordinance Test and Definition - Therapeutic Massage E. Community Facilities Staffing Forecast - Consultant Selection 10. CITY ATTORNEY'S REPORT: 11. FINANCE DIRECTOR'S REPORT: 12.CITY ADMINISTRATOR'S REPORT: A. Update: Cable Equipment 13. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow