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HomeMy WebLinkAbout11-04-01 CCMMINUTES APPROVED: SEPTEMBER 18, 2001 LAKE ELMO CITY COUNCIL MEETING SEPTEMBER 4, 2001 L AGENDA 2. MINUTES: August 7, 2001 Workshop August 21, 2001 3. CLAIMS 4. PUBLIC INQUIRES/INFORMATIONAL: A. Public Inquiries: NONE B. Metropolitan Airport Commission's 2002-2009 CIP 5. NEW BUSINESS: 6. CONSENT AGENDA 7. MAINTENANCE/PARK/FIRE/BUILDING A. Update on Parks Dept. Activities: Bob Schumacher 1. Playground equipment for Ridge Park and Reid Park 2. Lake Elmo Baseball: VFW Improvements 8. CITY ENGINEER'S REPORT: None 9. PLANNING, LAND USE & ZONING: A. Preliminary Plat, Rezoning and Site Plan - Watercolors Office Park B. Preliminary Plat, PUD Plan Amendment and Site Plan - United Properties/Deverne II C. Final Plat and Development Agreement - Eagle Point Business Park 2°d Addition D. Zoning Ordinance Amendment: Add Fitness Studio to GB E. Resolution Summary for Ordinance 9779 F. Vacate drainage and utility easements for Carriage Station IX 10.CITY ATTORNEY'S REPORT: 1 LCITY COUNCIL REPORTS: 12.UNFINISHED BUSINESS: 13.17INANCE DIRECTOR'S REPORT 14.CITY ADMINISTRATOR'S REPORT: A. Resolution Adopting 2001 Fee for Off -Site 201 Systems B. Adoption of amended fee schedule C. Lake Elmo Banquet Hall alley LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 1 Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, DeLapp, Administrator Kueffner, City Planner Dillerud, City Attorney Filla, City Engineer Prew, Finance Director Terry Berg ABSENT: Council member Armstrong. L AGENDA M/S/P Siedow/DeLapp - to approve the September 4, 2001 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: August 7, 2001 Workshop M/S/P DeLapp/Dunn - to approve the August 7, 2001 Workshop Minutes, as amended. (Motion passed 4-0). August 21, 2001 M/S/P Siedow/Dunn - to approve the August 21, 2001 City Council minutes, as amended. (Motion passed 3-0-1:Abstain:DeLapp) 3. CLAIMS M/S/P Siedow/Dunn - to adopt Resolution No. 2001-064, A Resolution approving claim numbers 19079 through 19114 in the amount of $157,250.16. (Motion passed 4-0). 4.PUBLIC INQUIRIES/INFORMATIONAL A. Public Inquiries None Mayor Hunt responded to Washington County Deputy Director, Doug Fisher's comments in the Stillwater Gazette on Lake Elmo providing studies by the end of 2001 for a turnaround at the intersection of Inwood Avenue and 10`h Street. Mr. Fisher will be invited to a future Council meeting to discuss a traffic circle for this intersection. B. Metropolitan Airport Commission's 2001-2009 CIP The Council received the letter from the Metropolitan Airports Commission (dated August 29, received August 30, 2001). Administrator Kueffner pointed out Number 16 on their September 4, 2001 agenda "Preliminary 2002-2009 Capital Improvement Program" and asked the Council for direction. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 2 M/S/P Dunn/DeLapp - to direct the City Administrator to write a strong letter to MAC, copies to County Commissioners, Baytown Township, Marc Hugunin, outlining the City's opposition to the parallel runway MAC is proposing, only the East Building Area should be rebuilt from the storm damage. Lake Elmo airport is classified as a reliever airport, and the commission's plans would expand the airport beyond what is reasonable for a recreational airport. (Motion passed 4-0). 3. NEW BUSINESS: None 4. CONSENT AGENDA: None 5. NEW BUSINESS: None 6. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Parks Dept. Activities: Bob Schumacher 1. Playground Equipment for Ridge and Reid Park M/S/P Dump/DeLapp - to approve the purchase of a custom playstructure and equipment for Ridge park in the amount of $26,570.49 from Earl F. Andersen and approve purchase of playstructure and equipment for Reid park in the amount of $26,524.98 from Earl F. Anderson. (Motion passed 4- 0). B.Lake Elmo Baseball VFW Improvements Lake Elmo Travelling Baseball Assoc. representatives asked for Field Improvements to Lions and VFW Fields as indicated in their January 23, 2001 letter to the Lake Elmo Parks Dept. The Council endorsed the Associations request for a batting cage, bleachers and dugout. M/S/P Dunn/DeLapp - to approve up to $7,000 for a fence in front of the player's benches at Lions park to protect the players from foul balls. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 3 9. PLANNING LAND USE & ZONING: A. Preliminary Plat, Rezoning and Site Plan - Watercolors Office Park Planner Dillerud reported the Planning Commission recommended denial of this Preliminary Plat, Rezoning and Site Plan to construct 18 separate office structures on an undivided parcel of 2 acres at the northeast corner of Keats Avenue and Hudson Blvd. The denial recommendation for the site plan was based on denying a zoning variance to allow more than a single structure on a single land parcel (regardless of zoning district). The Findings to support the variance denial are non-compliance with the variance standards of Section 300.06 Subd. 3A, Stds 1-6, 7 and 8. A Council/Planning Commission workshop was called on August 27th to provide the applicant some Council guidance regarding the actual use of this site. Is the proposed multi-structure/single site office plan an acceptable general site design approach? No Council guidance was provided at the workshop. Council member Siedow stated he liked the smaller buildings for a small town, and asked the Council to do what is needed to see this project go through. Council member Dunn spoke against Planned Unit Developments because you have one thing one month and then a change the next month. She favored conventional platting and would possibly favor multiple buildings on the site. Impervious surface and filling in wetlands is a concern. This project is going into the Lake Elmo Park Reserve. Council member DeLapp asked Mr. Hiner if he would bring the buildings to a higher level with brick, stone or glass. If so, he would be willing to consider rewriting the code to accommodate the multiple structure concept. He is in favor of allowing multiple buildings if a certain percentage of open space was dedicated for preservation. He is in favor of an actual golf course within the dedicated open space, not batting cages as in Woodbury. If a golf course were included, the City would require a dedicated easement that could be enforced. Mayor Hunt asked for parking internally, buildings hidden inside and open space to help buffer the commercial use, which would increase the value for the residents inside. He thought there was an awful lot of parking proposed LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 4 for the existing uses. DeLapp added that the less amount of parking the happier we are. Planner Dillerd responded this would be another variance under a regular plat. The proposal of this preliminary plat assumes granting of a variance for multiple buildings on a parcel, which was denied by the Planning Commission and not appealed. Planner Dillerud reported the Comprehensive Plan is before the Met Council currently. If the Comp Plan were adopted, it would not allow this development on this site. There is 60-day timeline for comment from surrounding communities, which started August 22. Attorney Filla indicated the applicant could withdraw his application. If the Council denied his application, Mr. Hiner would not able to apply for 6 months. Rich Hiner, applicant, withdrew his application for a preliminary plat, rezoning, and site plan for Watercolors Office Park. M/S/P DeLapp/Siedow - to accept Rich Hiner's withdrawal of his application for a preliminary plat, rezoning, and site plan for Watercolors Office Park. (Motion passed 4-0). B. Preliminary Plat, PUD Plan Amendment and Site Plan - United Properties/Deveme II United Properties/Deverne II are proposing replat of Eagle Point Business Park; and, construction of a 9 building, 54,000 sq.ft. office complex on a 6.32 acre lot that would be created by the plat. Another Lot/Block would also be platted for a pending United customer, together with the Eagle Point Blvd. right-of-way, and a new group of outlets, including a half acre outlet for Well #3. Planner Dillemd reported the Planning Commission recommended denial of the PUD Plan Amendment for Eagle Point Business Park 2" d Addition, Eagle Point Condominium. The Commission recommendation for denial of the Section 520 Site Plan is based both on the denial recommendation for the PUD Plan Amendment and inconsistency of the exterior surfacing of the building with both Business Park and PUD Plan standards, related primarily to the proposal to utilize stucco finish on a major portion of the exteriors. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 5 Council member DeLapp stated the buildings are not brick, stone or glass as required under Business Park zoning district. If the buildings meet the exterior brick standards, standing metal seam roof, dressed up the site, and changed the square pond; they would have his vote. The applicant indicated the project has a homey feel. This is what Lake Elmo wants. They created a better entrance to the facility. Looks like the biggest issue is materials and site layout. Council member Siedow liked the look of the rendering presented and wouldn't want to see more exterior brick. With the economy like it is, multiple buildings could be the future. Council member Dunn thought what was presented looked like an apartment house or townhouse and didn't like it. She had no problem with smaller footprint. The City was told we were gong to get this high revenue so we expected a business park scenario. Mayor Hunt would like the applicant to follow with brick, stone or glass as building materials. He could make a case for smaller suites in this area under a PUD with a higher standard of materials. The Council wants to attract higher quality commercial. M/S/P DeLapp/Siedow - to adopt Resolution No. 2001-065 Approving the Preliminary Plat of Eagle Point Business Park 2"d Addition. (Motion passed 4-0). M/S/P DeLapp/Siedow - to draft Resolution 2001-066 approving the Section 520 Site Plan for Lot 1, Block 1 Eagle Point Business Park 2"d Addition and for approval by the Council to be presented at Tuesday Special meeting on Sept 11, 5 p.m. (Motion passed 4-0.) C. Final Plat and Development Agreement - Eagle Point Business Park 2"d Addition Planner Dillerud reported the Master sign plan was approved with Eagle Point Business Park. The Developer has come up with different Primary Project Identification Sign. This would be a PUD Final Plan Amendment for replacement of the 25' x 15' sign previously approved in 1999. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 6 George Burkards indicated they would like to change the Eagle Point Business Park sign. There would be concrete block footings with stone exterior and the Arc size will be varied from 65' to 125'. They are still wrestling with colors. This will look more natural. Council member Dunn stated this sign is what we really like because it is more to scale and inviting to potential businesses. M/S/P Dunn/Siedow - to approve the conceptual change of sign presented as Primary Project Identification sign. (Motion passed 4-0.) M/S/P DeLapp/Siedow - to table Resolution 2001-067 approving the Final Plat and Development Agreement for Eagle Point Business Park 2"a Addition until the Special Council meeting on Tuesday, September 11 at 5 p.m. (Motion passed 4-0.) D.Zoning Ordinance Amendment: Add Fitness Studio to GB In response to recent inquiries, the Planning Commission indicated an amendment to the General Business zoning district text to add the use "Fitness Studio" to the list of Conditional Uses allowable. The Commission recommended amendment to Section 150 City Code Definitions to include a definition of "Fitness Studio". The Council asked that this Conditional Use be sent back to the Planning Commission come back with regulations to meet the goal of smaller fitness center. Council did not want to see large-scale center, such as, Lifetime Fitness or a Golf. M/S/P Siedow/DeLapp - to include Fitness Studio as a permitted Conditional Use, and refer back to the Planning Commission for regulations meeting the goal of a smaller fitness center. (Motion passed 4-0.) E. Resolution 9779 and Summary At the may 5, 2001 meeting, the Council adopted Ordinance No. 9779 "Open Space Preservation" and directed staff to put the ordinance into its proper form. Administrator Kueffner provided a summary of the ordinance for publication. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 7 M/S/P Siedow/DeLapp - to adopt the Summary of Ordinance 9779 entitled: "Open Space Preservation" as recommended by the City Administrator. (Motion passed 4-0). E. Carriage Homes IX utility easements Mayor Hunt opened up the public hearing to vacate drainage and utility easements o Lot 15, Block 1, in Carriage Station at 9:40 p.m. There was no one to speak for or against the drainage and utility vacation. Mayor Hunt closed the public hearing at 9:41 p.m. M/S/P DeLapp/Siedow - to postpone consideration of Resolution vacating drainage and utility easement on Lot 15, Block 1 within in Carriage Station until the September 18th meeting. (Motion passed 4-0.) 10. CITY ATTORNEY'S REPORT: None 11. CITY COUNCIL REPORTS: Council member DeLapp reminded staff the cell tower ordinance needs to be redrafted. Mayor Hunt reported the unevenness in sidewalks pose a public nuisance. What is public policy? It is the Village Commission/Planning Commission's number one priority and tax abatement dedicated for the OV. Administrator Kueffner thought sidewalks were addressed in our assessment policy. Council member Dunn asked that staff have something in writing to present on September 20th, 6 p.m. why Lake Elmo wants to retain its rural image and what that rural image to be. Planner Dillerud will put something together. 13. FINANCE DIRECTOR'S REPORT: 14. CITY ADMINISTRATOR'S REPORT: A. Resolution adoption 2001 Fee for Off -Site 201 Systems Administrator Kueffner reported the fee schedule that was applied to the 201 Off -Site Systems was adopted in 1991 and did not get set up in our program. The City will commence 201 Off -Site billing in September with the new rate LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 8 of $45.00 per unit per quarter. Letters will be sent out explaining it was a staff oversight there was no billing for the past 10 years, and there will no retrobilling. M/S/P Dunn/Siedow - to adopt Resolution No. 2001-068 setting the fees for the 201 Off -Site Septic Systems at $45.00 per unit per quarter. (Motion passed 4-0). B. Adoption of Amended Fee Schedule Administrator Kueffner provided an amended fee schedule showing a fee for commercial parking lots both new and existing and a 6 percent penalty for water bill and a penalty for water bills certified to the County for collection with taxes. M/S/P DeLapp/Siedow - to adopt the amended 2001 Fee Schedule as presented. (Motion passed 4-0). C. Lake Elmo Banquet Hall Administrator Kueffner asked the Council to look at the alley between the banquet hall and Leslies' Floor Decor. The Banquet Hall's parking lot has been resurfaced and a fence constructed creating a narrow alley. Kueffner voiced her concern for the health, safety and welfare of our residents with the narrow alley a Fire truck could not get through. She also disagreed with the opinion of VBWD not requiring a permit for the parking lot. She is awaiting an opinion on impervious surface coverage, constructing a berm separating a business district from a residential area and if islands/landscaping is required within the parking lot. The Council adjourned the meeting at 10:00 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 9 Resolution No. 2001-064 Approving claims 19079-19114 in the amount of $157,250.16 Resolution No. 2001-065 Approving the Preliminary Plat of Eagle Point Business Park 2nd Addition Resolution No. 2001-066 Approving the Section 520 Site Plan for a lot 1, Block 1 Eagle Point Business Park 2❑d Addition POSTPONED UNTIL SPECIAL MEETING ON SEPTEMBER 11 Resolution No. 2001-067 Approving the Final Plat and Development Agreement for Eagle Point Business Park 2nd Addition POSTPONED UNTIL SPECIAL MEETING ON SEPTEMBER 11 Resolution No. 2001-068 Setting the Fees for the 201 Off -Site Septic Systems LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 4, 2001 10 LAKE ELMO CITY COUNCIL WORKSHOP September 4, 2001 5:30 P.M. Mayor Hunt called the workshop to order at 5:30 p.m. PRESENT: Dunn, Hunt, DeLapp, Siedow, Planner Dillerud, City Engineer Prew, Finance Directors Banister and Berg and Administrator Kueffner. ABSENT: Council member Armstrong Paul Donna, Juran & Moody, provided information on the MSA Bond. The City could break one bond issue into two required projects. We have more eligible costs than can be funded by MSA so property has to be assessed. If there is another revenue source .... that is an option. Administrator Kueffner stated she didn't know limitation for assessment for each year. The goal was to pave all gravel roads. If there is no benefit to the City, then we should not consider project. Kueffner stated the Council has always been conservative and would like an opportunity to look at these projects again. The 50'h Street reconstruction project would have been cost prohibitive without MSA money. Planner Dillerud explained the Development Agreement is in place which gives the developer the option of assessment and not the City. Eagle Point will be on its own. Mayor Hunt suggested we separate the two programs and find out impact. Eagle Point Blvd. is not MSA and 5& Street does remain MSA. We will get the development to pay for itself so the residents don't have to pay and structure the debt for the benefiting people. Council member Dunn stated developments should be self-sustaining and pay their own way. We should look at them to go out individually. The City is responsible for (See Page 5... $141,000 over 10 years $14,000 a year.) The Council would like to drive that down as close as to zero. M/S/P DeLapp/Dunn - to postpone until either/or the workshop of September 11, 5 p.m. or September 18 Council meeting. (Motion passed 4-0.) The Council adjourns this section of the meeting at 6:10 p.m. 2002 BUDGET Terry Berg, Finance Director, provided a 2002 Budget explained there were no big changes in wages as she took the 2001 schedule and adjusted it by 3.5% cost of living. Council member Siedow would like a line item budget. Berg responded they would get a line item budget next year. FIRE DEPARTMENT: The Council debated the need for a $40,000 SUV to be used as the Fire Chief" s car and purchase of a new a grass rig. Council member DeLapp asked if we are going to put an addition to the City Hall or Fire Station 92. Other questions that need to be answered, is the City going to build a new trail, a salt storage building, and will it be hiring another employee that would affect the overall budget. CITY HALL: Telephone system: Upgrades for 2002. The Public Works has caller ID. This could be bumped out two years. Computer network: City hall is being networked at this time. City Hall Addition: Council member DeLapp wanted to bond for a City Hall addition so it can get built. Tacking something on to this building may not be the solution. Planner Dillerud informed the Council that the Commissions are working on a facilities forecast now. Council member Dunn stated we could proceed with the $70,000-$80,000 addition as proposed. If we wait for the facilities recommendation, we should continue to fund the Building Fund. FIRE DEPARTMENT: Fire Chief Malmquist stated we could add the ability to pump foam with $10,000 more. Jaws of Life: The Dept. has one older, heavier set and would like two new sets. Grass Rig: The Dept. under bought. Mayor Hunt suggested MAC review this item. Fire Chief s Car: The Council asked Greg to forget the idea of a $40,000 SUV. Mayor Hunt explained the Chief has changed the use of the car. Turnout Gear: The Dept. needs a washer for turnout gear. This is complete turnout gear. Council member Dunn and Administrator Kueffner both got calls on why did the Fire Dept. give away good equipment. Council member DeLapp stated the department is part of the tax base and there are inappropriate things for a town of 7000 residents. There is a budget shortfall for next year ... $15,700 for retirement. The City is required to make up the difference. This needs to be addressed at next meeting. The Fire Dept. asked for compensation increases. The Administrator would like to comment at next meeting and asked that the number not be plugged in. BUILDING INSPECTOR: There is a new vehicle scheduled for 2004. CIVIL DEFENSE: MAC wants to look at sirens. There are a lot of variables that go into this plan. Council asked MAC plan for minimal number of sirens. PUBLIC WORKS MAC will review. Dan Olinger has computerized program for equipment. PARKS DEPARTMENT: Council member Dunn reminded the Council that the City agreed with the VFW to flay the POW flag. Council member DeLapp pointed out that children, not living in the developments, are playing on the privately owned playground equipment in Hamlet on Sunfish Lake and Tamarack Farm. Some of the developments are taking out their checkbooks and buying equipments. Residents in DeMontreville will expect the City to put up playground equipment and not take out their checkbooks. LAW ENFORCEMENT: Amount in Budget is correct number. The Council adjourn workshop at 7 p.m. Mayor: Lee Hunt Laic Elmo City Council Councilmembers: 3800 Laverne Avenue No. Steve DeLapp Tuesday Lake Elmo, MN 55042 Susan Dunn 777-5510 777-9615 (fax) Rosemary Armstrong September 4 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. 5:30 p.m. Budget Workshop 1. Paul Donna, Juran & Moody: MSA Bond 2. Budget - Hand out Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes August 7, 2001 Workshop August 21, 2001 3. Claims 4. PUBLIC INQUIltIES/INFORMATIONAL: A. Public Inquiries B. Metropolitan Airport Commission's 2002-2009 CIP 5. NEW BUSINESS: 6. CONSENT AGENDA: 7. MAINTENANCE/PARK/FIRE/BUILDING A. Update on Parks Dept. Activities: Bob Schumacher 1. Playground equipment for Ridge Park and Reid Park 2. Lake Elmo Baseball -VFW Improvements 8. CITY ENGINEER'S REPORT: Tom Prew Lake Elmo City Council Agenda September 4 2001 PA 7 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Preliminary Plat, Rezoning and Site Plan - Watercolors Office Park B. Preliminary Plat, PUD Plan Amendment and Site Plan - United Properties/Deverne H C. Final Plat and Development Agreement - Eagle Point Business Park 2nd Addition D. Zoning Ordinance Amendment: Add Fitness Studio to GB E. Resolution Summary for Ordinance 9779 10. CITY ATTORNEY'S REPORT: A. 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. FINANCE DIRECTOR'S REPORT: A. 14. CITY ADMINISTRATOR'S REPORT A. Resolution Adopting 2001 Fee for Off - Site 201 Systems B. Adoption of amended fee schedule