The URL can be used to link to this page

Home My WebLink About04-02-02 CCMMINUTES APPROVED: April 16, 2002 LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 2002 1. AGENDA 2. MINUTES: March 19, 2002 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Tim Freeman: Update on appointment to the Brown's Creek Watershed Board C. Policy for sale and use of city owned land D. Support for name change of Lake Elmo Airport 4. FINANCE A. Claims 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Resignation from Parks Commission; Resignation from Planning Commission; Clean Up Day Agreement with Washington County Fairgrounds 7. MAINTENANCE/PARK/FIREBUILDING: POSTPONED until April 16, 2002 A. Update on Maintenance Dept. Activities: Dan Olinger; Stop Sign at Klondike; Expansion of Storage Building 8. CITY ENGINEER'S REPORT: A. Eagle Point Blvd. Phase II: Approve Specs/Plans and Advertise for bids 9. PLANNING, LAND USE & ZONING: A. Rezoning and Conditional Use Permit — FVN+HTC, Inc./Flatau B. Zoning Ordinance Amendment — Accessory Structure Location — POSTPONED until April 16, 2002 C. Repeal of Highway Business Zoning District — POSTPONED until April 16, 2002 D. Daniel Rude Variance — Review Time Extension 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Unfinished Business B. Networking Proposal 12. CITY COUNCIL REPORTS Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council Chambers. PRESENT: Hunt, Armstrong, DeLapp, City Engineer Prew, City Attorney John Miller, City Planner Dillerud, Finance Director Berg and Administrator Kueffner. ABSENT: Council members Siedow and Dunn 1. AGENDA M/S/P Armstrong/DeLapp — to approve the April 2, 2002 Council Agenda, as amended. (Motion passed 3-0.) LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 2002 2. MINUTES: March 19, 2002 M/S/P Armstrong/DeLapp - to postpone approval of the March 19, 2002 Council minutes until the April 16 meeting. 3-0. 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Inquiries Gloria Knoblauch asked about the solid waste management committee. Administrator Kueffner responded the Environmental Committee meets the third Wednesday of every month. The first order of business of the commission is to remind residents of the City's curbside recycling programs and the products that are accepted for recycling. They are applying for a grant for purchasing recycling bins from Washington County. B. Tim Freeman: Update on appointment to the Brown's Creek Watershed Board Tim Freeman introduced himself as the newest member on the Brown's Creek Watershed Board of Managers and discussed issues of interest from recent board meetings. He provided the City a copy of the Watershed's Second Generation Watershed Management Plan. C. Policy for sale and use of City owned land Staff was directed to incorporate comments from the Council into a third draft of the proposed policy for the sale or use of City -owned land. Staff was also directed to make some minor changes to the draft ordinance prohibiting new construction from hooking up to an existing 201 system, or a future communal system. Council member DeLapp asked if underlying ownership is addressed under Vacations. For an example the Mandel vacation, who gets the land or is it shared 50/50? Mayor Hunt acknowledged Dan Rude's letter dated April 2, 2002. Jennie Wiese, 3328 Kraft Circle N., stated at the December 18, 2001 Council meeting several property owners made an offer to buy land adjacent to their property for septic systems and never get an answer. Council member Armstrong explained the Council tried to deal with an emergency situation without all the information to make a decision. Then there was a change of mind to start the process of adopting a policy while we discussed this issue. Council member DeLapp asked the questions who can buy city owned land, how much, and what can they do with the land. Mayor Hunt suggested the Council give staff time to pull information together and deal with the decision of selling the lots on Kraft Circle. M/S/P Armstrong/DeLapp — to direct the City to draft a resolution for adoption of policy for sale and use of City owned land. (Motion passed 3-0.) LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 2002 2 M/S/P Armstrong/DeLapp — to adopt Ordinance No. 97-105, An Ordinance amending Section 700.04 Subd. 2.13.2 prohibiting new connections to a community sewage treatment system. (Motion passed 3-0). Administrator Kueffner will copy the code on requiring the upgrade of a septic system if a house is sold in the shoreland distinct. D. Support for name change of Lake Elmo airport Al Kupferschmidt, temporary representative to the Reliever Airport Advisory Committee, requested the City's support in changing the name of the Lake Elmo Airport. The airport is not in Lake Elmo and wants the name changed to reflect the entire area. West Lakeland and Baytown have responded favorably to this request. Councilmember Armstrong indicated Council member Sue Dunn had advised the request for the name change was suggested by a person from St. Paul. M/S/P DeLapp/Armstrong — that the City supports name change from the Lake Elmo Airport to the St. Croix Valley Airport. (Motion passed 2-1:Armstrong voted against the motion based on her conversation with Council member Dunn.) 4. FINANCE A. Claims Fire Chief Malmquist requested the claim for Troy Bonin be eliminated until he talks to him. M/S/P DeLapp/Armstrong - to adopt Resolution No. 2002-020 approving claim numbers 21383 through 21402 used for the March 21, 2002 payroll and claim numbers 21403 through 21438 in the amount of $28,398.00. (Motion passed 3-0). 5. NEW BUSINESS: NONE 6. CONSENT AGENDA: Resignation from Parks Commission, Resignation from Planning Commission The City received three letters of resignation from Kes Tautvydas and Dave Pletscher from the Parks Commission and Tim Mandel from the Planning Commission. M/S/P Armstrong/DeLapp — to accept with regrets the resignations from Kes Tautvydas and Dave Pletscher from the Parks Commission and Tim Mandel from the Planning Commission. Staff will send them a letter thanking them for serving on the commission and making substantial contributions to the City. (Motion passed 3-0). Clean Up day Agreement with Washington County Fairgrounds M/S/P Armstrong/DeLapp — to approve the Lease Agreement with Washington County Fairgrounds for Lake Elmo Clean Up Day, May 4, 2002. (Motion passed 3-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 2002 7. MAINTENANCE/PARK/FIREBUILDING: A. Update on Maintenance Dept, Activities: Dan Olinger, Stop Sign at Klondike, Expansion of Storage Building — POSTPONE until the April 16a' Council meeting 8. CITY ENGINEER'S REPORT: A. Eagle Point Blvd. Phase II: Approves Specs/Plans and Advertise for bids City Engineer, Tom Prew, requested approval of plans and specifications for the unimproved section of Eagle Point Boulevard Phase II. The bid opening is scheduled for the end of April with contract award set for the May 7`h Council meeting. This will give the contractor time to complete the project by mid -summer. This project is being funded through our State Aid account as well as being assessed to United Properties. M/S/P DeLapp/Armstrong to adopt Resolution No. 2002-021, A Resolution Approving Plans and Specifications for Eagle Point Boulevard Phase II and Ordering Advertisements for Bids. (Motion passed 3-0.) 9. PLANNNG, LAND USE & ZONING: A. Rezoning and Conditional Use Permit — FVN+HTC, Inc./Flatau Planner Dillerud reported the Planning Commission recommended approval of the rezoning of the one acre Country side Motel site from HB (Highway Business) to LB (Limited Business). The rezoning would bring the site into zoning compliance with both the 1997 and the 2000 Comprehensive Plan. The Commission recommended approval of a Conditional Use Permit to allow use of the Countryside Motel facility by FVN+HTC, Inc. as a "dependent care center" for temporary residency of women and children that are victims of domestic abuse. Beverly Dusso, FVN representative, stated there would be a maximum occupancy of 32 women and children. Enclosure of the existing front walkway to preclude individual unit access is proposed as a function of the CUP. Planner Dillerud advised that any increase in structure floor area would be an extension of a structure/use on a non -conforming parcel (by area) and could not be approved without a zoning variance. Attorney Miller pointed out four votes are needed for a rezoning. This item will be placed on the April 9t" special Council meeting agenda. M/S/P Armstrong/DeLapp — to postpone to April 9th Special Council meeting action on the rezoning from HB to LB for the site located at 9730 Hudson Blvd. because there were not enough Council members in attendance to approve the rezoning. (Motion passed 3- 0). M/S/P Armstrong/DeLapp — to adopt Resolution No. 2002-022, A Resolution granting a Conditional Use Permit for a Dependent Care Center for Family Violence Network to use the property at 9730 Hudson Blvd, as a dependent care center for women and children, LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 2002 4 based on the recommendation of the Planning Commission and subject to the conditions listed by the Resolution. The Council determined the closure of the existing front walkway is not an expansion of the use. (Motion passed 3-0.) B. Zoning Ordinance Amendment — Accessory Structure Location M/S/P Armstrong/DeLapp — to postpone to the April 16th Council meeting because approval of a zoning ordinance requires four votes. (Motion passed 3-0). C. Repeal of Highway Business Zoning District M/S/P Armstrong/DeLapp — to postpone to the April 16°i Council meeting because approval of a zoning ordinance requires four votes. (Motion passed 3-0). D. Daniel Rude Variance — Review Time Extension Planner Dillerud reported the Planning Commission tabled the amended variance application at its March 26 meeting, noting that until there is a Council decision regarding the sale of the City land included as a part of Mr. Rude's enlarged site, the variance application is not complete. To move forward with the variance application at this stage would potentially expose Mr. Rude to the costs of reapplication should the Council decide to sell the land. Planner Dillerud added while Mr. Rude's application remains incomplete as to site ownership, he believes it prudent for the Council to extend the review period for Mr. Rude's application an additional 60 days. M/S/P Armstrong/DeLapp- to extend the review period for the Daniel Rude variance for 60 additional days to June 8, 2002 based on Mr. Rude's letter received by the City on February 8, 2002, which requested consideration of an amended application to that denied in 2001 and based on Planner Dillerud's comments and information in staff report, dated April 2, 2002. (Motion passed 3-0.) 10. CITY ATTORNEY'S REPORT: NONE 11. CITY ADMINISTRATOR'S REPORT: A. Unfinished Business Administrator Kueffner provided the Council with an updated Unfinished Business List. B. Networking Proposal Administrator Kueffner provided a quote of $4,735 from CIT for networking the City's satellites (Fire Dept, Parks Building, and Maintenance Building). This was going to be Phase 2. M/S/P Armstrong/DeLapp — to approve the networking proposal from CIT for the Maintenance building, Parks building and Fire Dept. in the amount of $4,735. (Motion passed 3-0.) LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 2002 12. CITY COUNCIL REPORTS: Mayor Hunt attended MnDot sponsored meetings with Mayors of surrounding communities to discuss providing Highway 36 as a safe and useable road. Mayor Hunt will continue to bring the issues to the Council. Council member DeLapp asked if there is anything the City can do to legislate taste in Wildflowers Shore development? He asked that the Planning Commission be asked to look at side loaded garages and front porches. Mayor Hunt stated the Commission could address the issue of garage placement so garages are not the predominant feature of housing. M/S/P DeLapp/Armstrong — to ask the Planning Commission to look at front loading garages versus side loading garages in OP developments. (Motion passed 3-0.) The Council adjourn the meeting at 8:50 p.m. Resolution No. 2002-020 Approve Claims 21382-21402 for the March 21, 2002 payroll and claim numbers 21403-21438 in the amount of $28,398.00 Resolution No. 2002-021 Approving Plans and Specs for Eagle Point Boulevard Phase II and Order advertisement for bids Resolution No. 2002-022 Granting a CUP for a dependent care center for FVN Ordinance No. 97-105 Amending Section 700.04 Subd.2.13.2 prohibiting new connections to a community sewage treatment system LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 2002 6 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council TUESDAY, APRIL 2, 2002 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) Mary.Kueffner@lakeelmo. 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 MARCH 19, 2002 3.PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Tim Freeman: Update on appointment to the Brown's Creek Watershed Board C. Policy for sale & use of city owned land D. Support for name change of Lake Elmo Airport 4. FINANCE: A.Claims 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Resignation from Parks Commission; Resignation from Planning Commission; Clean -Up Day Agreement with Washington County Fairgrounds 7. MAINTENANCE/PAR.K/FIRE/BUILDING A. Update on Maintenance Dept. Activities: Dan Olinger; Stop Sign at Klondike; Expansion of Storage Building Lake Elmo City Council Agenda April 2, 2002 Pace 8. CITY ENGINEER'S REPORT: Tom Prew A. Eagle Point Blvd. Phase H: Approves Specs/Plans and Advertise for bids 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Rezoning and Conditional Use Permit — FVN+HTC, Inc/Flatau B. Zoning Ordinance Amendment —Accessory Structure Location C. Repeal of Highway Business Zoning District 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Unfinished Business 12.CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow Tuesday, April 9 Special Meeting, Board of Review, 5:30 p.m. Meeting with Shaefer May 81 4-6- p.m. Mining/Residents 6:30 p.m. Financial Workshop