HomeMy WebLinkAbout02-18-03 CCMMayor:
eHunt
Lake Elmo City Council
Councilmembers:
3800 Laverne Avenue No.
Steve DeLapp
Tuesday
Lake Elmo, MN 55042
Susan Dunn
�1
777-5510 777-9615 (fax)
Dean Johnston
February 18 2003
Chuck Siedow
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
February 4, 2003
3. PUBLIC INOUIIUES/INFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the
A. Amendments to Snowmobile/ATV
agenda. In addressing the Council, please state your nam
regulations: Sgt. Jerry Cusick, Washington
address for the record, and a brief summary of the specifI
County, Water, Parks & Trails
being addressed to the Council. To allow adequate time f
each person wishing to address the Council, we ask that
individuals limit their comments to three (3) minutes. W
documents may be distributed to the Council prior to the
meeting or as bench copies, to allow a more timely prese
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to
be routine by the City Council and will be enacted by one
A. Lease Agreement with Washington
motion under a Consent Calendar format. There will be no
County Fairgrounds for Clean Up Day
separate discussion of these items unless a Council member so
requests, in which event, the item will be removed from the
general order of business and considered separately in its normal
sequence on the agenda.
5. FINANCE
Tom Bouthilet
A. Resolution 2003-010 Approving claims
B. Proposed 2003 Water Rate Structure
6. NEW BUSINESS
A. Minnesota Transportation Alliance
Membership
Lal<e Elmo City Council Agenda
February 18,2003
Paee 2
7. MAINTENANCE/PARK/FIREBUILDING:
A. Update on Fire Dept. Activities: Chief
Malmquist
B. Update on Building Dept. Activities: Jim
McNamara
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Resolution No. 2003-011:Exterior Repairs
for Fire Station No. 1
B. Resolution No. 2003-012:Roof Replacements
for Fire Station No. 1 and 2
C. Exterior Repairs at the Public Works
Building
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A.
10. CITY ATTORNEY'S REPORT:
J. Filla
A. Data Practices Procedure Policy
11. CITY ADMINISTRATOR'S REPORT:
A.
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Johnston
E. Council Member Siedow
CLEAN UP DAY: Saturday May 3, 8-Noon,
BOARD OF REVIEW: May 7, 4-6 p.m.
Washington County Fairgrounds
MINUTES APPROVED: FEBRUARY 18, 2003
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 4, 2003
1. AGENDA
2. MINUTES: January 21, 2003 Hearing Minutes
January 21, 2003 Council Minutes
3. PUBLIC INQUIRMS/INFORMATIONAL:
A. PUBLIC INQUIRIES:
B. Planning Commission Appointments
4. CONSENT AGENDA:
A. Request to attend Municipal Clerks Conference
5. FINANCE
A. Resolution 2003-008 Approving claims
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIREBUILDING
8. CITY ENGINEER'S REPORT:
A. Street Light Policy
9. PLANNING, LAND USE & ZONING:
A. OP Concept Plan — Whistling Valley
B. Development Moratorium — Certain GB -Zoned Parcels
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL REPORTS:
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council Chambers.
PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, and City
Attorney Filla.
1. AGENDA
ADD: Lake Jane Landfill Well Advisory in relation to the Star & Tribune newspaper
article on readings at the Lake Elmo Airport wells.
M/S/P Dunn/Johnston — to approve the February 4, 2003 City Council agenda, as
amended. (Motion passed 5-0).
2. MINUTES: January 21, 2003 Hearing Minutes
MIS/P Johnston/Siedow — to approve the January 21, 2003 City Council Hearing
Minutes, as amended. (Motion passed 5-0.)
MINUTES: January 21, 2003 Council Minutes
M/S/P Siedow/Johnston — to approve the January 21, 2003 City Council Minutes, as
amended. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2003
3. PUBLIC INOUIRIES/INFORMATIONAL:
A. Public Inquiries:
Wyn John, Chair, Library ad -hoc Committee, reported the Lake Elmo Library has been
subject to flooding flowing from one of the above apartments. The most recent incident
caused a service disruption, major clean up of a section of the library, and the loss of at
least five hundred and fifty books. A group of concerned citizens formed an ad -hoc
committee to see how the situation could be improved so that further flooding could be
avoided. The Council will alert the Planning/Old Village Commission of the need for
an expanded and improved library facility in any long term plans for the downtown.
Mayor Hunt explained County Commissioner Pulkrabek and Mr. Zeller would get bath
to the City with what constraints they are under and how the Lake Elmo library could fit
into their plans.
Planning Commission Appointments:
Marl, Deziel, 2783 Legion Avenue N., submitted a letter indicating he filed a complaint
on false political and campaign material by an organization calling itself "the Citizens
Fighting the Met Council" with Tim Mandel and Jim VanPelt listed as Chairmen
circulated "The Met Council Dream Team" sheet. Mr. Deziel indicated Charlie
Schneider's campaign literature was circulated along with the Dream Team sheet in parts
of Lake Elmo. Deziel said he did not find it to be in the interest of good policy malting
for the people of Lake Elmo to reward the promoters of misinformation or to subject the
current members of the Planning Commission to the task of having to work with them.
Deziel suggested the Council permit the County Attorney's office to pursue its course on
this matter before consideration is given on appointing VanPelt or Schneider to the
Planning Commission.
Jim VanPelt responded that the content in the informational sheet was a description of
various public forums. He had polled Planning Commission members to better
understand the voting record.
A. Planning Commission Appointments
On Monday, January 27, 2003, the Council and Planning Commission held a workshop to
interview the five applicants for the two alternate Planning Commission seats.
Appointments were to follow at the February 6ch meeting.
Council member Siedow explained he contacted the Washington County Attorney's
office and was told there is enough information to look into the complaint. Siedow
suggested removal of Jim VanPelt and Charles Schneider from the applicants list because
there is an investigation in process. The Council should not appoint someone who is
being investigated.
M/S/F Siedow/Johnston - to remove Jim VanPelt and Charles Schneider from the list of
Planning Commission applicants because there is an investigation going on and the
Council should not appoint someone who is being investigated. (Motion failed 1-4:Dunn,
Hunt, Johnston:There are some ethical questions, but we have to say innocent until
proven guilty, DeLapp.)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2003 2
M/S/P DeLapp/Siedow — to direct the Planner, Maintenance Foreman, City Engineer to
draft a policy covering the cost of street lights outside the old village neighborhood that is
consistent across the city. (Motion passed 5-0.)
Mayor Hunt noted that Laurie Warner, 5640 Highlands Trail, may be in attendance at the
next Council meeting to inquire about the determination by Tom Prew on her request for
traffic control at the corner of Highland Trail and Hytrail.
Lake Jane Landfill:
Council member DeLapp had read an article in the Star and Tribune regarding the
contaminant readings in the area of the Lake Elmo Airport. The Federal Health Officials
are lowering the maximum amount considered safe for human exposure. Homes whose
water supplies were tested had TCE amounts exceeding the new limits of 5 micrograms
per liter. He asked that staff review the ongoing monitoring of the Lake Jane landfill
wells.
M/S/P DeLapp/Johnston — to direct staff to request assurance from the Washington
County Health Dept. that all drinking water in the Lake Jane Landfill Advisory Area is
below the current state standard and if the levels are raised, this area may need to be
expanded. (Motion passed 5-0).
9. PLANNING, LAND USE & ZONING:
A. OP Concept Plan - Whistling Valley
At its Meeting January 27, 2003, the Planning Commission voted to recommend denial of
the Concept Plan based on findings that the plan proposes 2 more dwelling units than OP
density standards allow; and, that proposed Preserved Open Space is not of sufficient
acreage to meet OP standards. The applicant's density and Preserved Open Space
proposals appear to be based on an incomplete understanding of Buildable Land Area, as
defined by the City Code.
David Sorenson, Bald Eagle Development, reviewed the concept plan to develop 19-20
single family home sites on a 58 acre parcel. William McCully, P.E., Rehbein Company,
and Bob Close, Landscape Architect reported on the physical characteristics and
proposed site use areas.
Council Member Dunn was supportive of the overall design of the Concept Plan with 19
building sites.
Council member DeLapp noted that a lot of work had been done for a concept plan. He
had concerns with the number of buildable units, some roads seem excessive serving one
or two houses, and there is no large contiguous open space. DeLapp noted, based on
code, there should be 10 significant trees on each lot... so with 19 lots, there should be 190
trees and only 175 trees are shown. DeLapp pointed out that clustering of trees are
permitted. Allowing 19 lots is consistent with the OP regulations.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2003
Council member Siedow stated if 19 lots meet the number of lots required by the OP
code, then it should be 19 lots.
M/S/P DeLapp/Siedow — to approve a concept plan for Whistling Valley allowing 19
dwelling units and that the open space percentage meets strict interpretation of the code
with the Planner working with the developer on compliance with the Open Space
ordinance. (Motion passed 5-0). Council Member DeLapp indicated the Council is not
granting an exemption for number of lots, width of roads, number of trees, just because it
is shown on the concept plan.
M/S/P DeLapp/Siedow — to adopt Resolution No. 2003-009, A Resolution Approving the
Concept Plan of Whistling Valley as modified, Finding No. 4 The Developer has the
allowed right to demonstrate that the site will support the greater density in connection
with the Open Space Development Preliminary Plan, provided the calculations are
consistent with OP Regulations. (Motion passed 5-0).
B. Development Moratorium -Certain GB Zone Parcels
On January 21 the Council directed staff to prepare an ordinance to establish a
development moratorium on 5 parcels of land along Hudson Blvd. that are now zoned
GB, but land use classified LB and should be zoned LB for compliance with State
Statute. The draft ordinance addresses the 4 developed parcels differently than Parcel 5.
It recognizes the existing development and business, and the possibility that any one of
them may wish to renovate and/or expand their existing structure during the Moratorium.
That would be allowable (subject to appropriate site plan and building permit review)
during the Moratorium period with no moratorium modifications or actions by the
Council. The Ordinance also permits new development activity on Parcels 1-4 during the
moratorium if that development complies with LB standards; as well as permitting
development action on Parcel 5 in compliance with AG standards.
Attorney Filla reported that the affected property owners have been notified, but that Mr.
Rake's agenda notice was sent later because it was inadvertently left off the label list. The
RECO parcel is not included in this package because it has preliminary plan approval.
Chris Dolan, Dolan Marine, stated he was against the moratorium and didn't feel the
ordinance reflected Dillemd's statements regarding the possibility of renovating or
expanding their existing structures or permitting new development activity on these
parcels during the moratorium.
Jeff Goss stated he didn't have a problem with the ordinance because it would not
prevent him from upgrading his facility.
M/S/P Dunn/DeLapp - to adopt Ordinance No. 97-115, An Interim Ordinance
Implementing a Development Moratorium on Certain Property Within The City Of Lake
Elmo. (Motion passed 4-1:Siedow:Make sure the staff gets this done quickly. He does
not like development moratoriums.)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2003
M/S/P DeLapp/Johnston — to direct the city planner, at his earliest possible convenience,
present a schedule on how to accomplish this work with set milestones. (Motion passed
5-0.)
10. CT1Y ATTORNEY'S REPORT: None
11. CITY ADMINISTRATOR'S REPORT: None
12. CITY COUNCIL REPORTS:
Mayor Hunt received a letter fro Mayor R.T. Rybak, Minneapolis, asking the City to join
him in supporting Xcel Energy's proposal to voluntarily reduce air emissions at three
major coal plants in the Minneapolis/St. Paul Region.
Mayor Hunt reported that Bremer Financial, which is a wonderful addition to the City,
had a ribbon cutting ceremony last week. Also, the MS150 Bike Ride, June 6-8°i, from
Duluth will meet at the Washington County Fairgrounds.
Council Member Dunn reported that 30 people attended the property tax workshop at
Washington County on January 29, and she has requested copies of the information that
was handed out.
Council member Johnston stated he attended the property tax workshop. He is working
on trying to get people together for the Community Improvement Committee.
Council member Siedow reported there are no tenants living at the Lake Elmo Report, as
was rumored.
Council adjourn the meeting at 9:10 p.m.
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2003-008 approving claims
Resolution No. 2003-009 Approving Concept Plan of Whistling Valley
Ordinance No. 97-115 An Interim Ordinance Implementing a Development Moratorium
on Certain Property Within the City
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 4, 2003