HomeMy WebLinkAbout11-07-89 CCMLAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 7, 1989
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Mayor Dunn called the City Council meeting to order at 7:00 p.m. in
the Council Chambers. Present: Dunn, Hunt, Williams, Graves (arrived
9:05 p.m.), Moe, City Attorney Knaak and City Administrator Morrison.
1.. AGENDA
Add: 3. Claims #92528 Public Financial. $3,000, Claim #92529 Ed
Gorman $32,800, 10. Budget Workshop
M/S/P Hunt/Moe - to approve the November 7, 1989 City Council agenda
as amended. (Motion carried 4-0).
2. MINUTES: OCTOBER 17, 1989
M/S/P Hunt/Moe - to approve the October 17, 1989 City Council Minutes
as amended. (Motion carried 4-0),
3. CLAIMS
Councilman Williams question the City Attorney's Fax Charge in the
amount of $265.00 and asked the Attorney for a reduction to a charge
of $100. Knaak agreed to the adjustment charge from $265 to the
amount of $100.
M/S/P Williams/Moe - to approve the November 7, 1989 Claims #92436
thru #92529; including the adjustment of City Attorney's Fax Charge
reduction from $265 to the reduced amount of $100. (Motion carried
4-0).
4. REAPP REPORT
Adm. Morrison and other ReAPP meribers
Todd Williams,,met with Attorney Ellen Sampson to discuss new
information, but there are no resolutions as yet. ReAPP will be
meeting with DPRA to discuss^tlrakr-rey6rts for challen i thhe EIS,
an amended contract to �_nc�uy iterls
5. PUBLIC INQUIRIES: reimbursable by the Met Council.
David Si.edow, 3004 Jamley Ave. N., requested a permit (handicap) from
the City to allow him to drive a golf cart or ATV on city streets and
on the park trails. The Council had such questions as: does the city
assume liability, establishing what kind of uses, and reference to
designated roadways. City Attorney Knaak explained we cannot issue a
permit because the City does not have an ordinance, but if the Council
takes affirmative action, Knaak can draft such an ordinance.
Either cities
M/S/P Hunt/Moe - to direct the staff to check onAwhat is needed for an
ordinance regarding authority to issue permits to
persons (handicapped) to drive a golf cart or ATV on City streets and
request the City Attorney research the City's liability and draft a
proposed ordinance. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1989 PAGE 2
6. Petition Re: Ultra Fights
Ron Smith, 9999 loth St., submitted a petition with 19 signatures of
residents asking the Council to ban the ultra lights at the Northern
Sun Air Park. Smith stated they are very noisy, has seen them chase
geese on Eagle Point Lake and-.hava-4ecome dangerously close to power
lines and homes. Boris Popov, who operates Northern Sun Ultra Lights,
9450 Hudson Boulevard, stated only the FAA has authority to ban
anything in the air space above Lake Elmo. Bob Landberg, President of
the Minnesota Ultra Light Assoc., said his organization has practiced
self -•regulation to the point of grounding some pilots. Landberg
pledge his association's continued support in trying to solve the
problems in Lake Elmo.
City Administrator Morrison had talked to an FAA official who advised
ultra light pilots must maintain an altitude of no less than 500 feet
over "unoccupied territory", and 1,000 feet over "congested areas".
Morrison stated she will submit a recommendation to the Council after
consulting with the FAA, the MN Ultra Light Association, and the
complaining residents.
M/S/P Moe/Hunt - resolved that the Council hereby requests that the
Administrator advise the FAA of the concerns and petition and request
the FAA work with Northern Sun Air Park, 9450 Hudson Blvd, to address
residents' concern and give copies of results to Ron Smith, 9999 loth
Street and Robert Landberg, President of Ultralights Assoc. (Motion
carried 4-0).
7. PLANNING/LAND USE/ZONING:
A. Large Lot Subdivision: Will Stenzel
The Planning Commission reviewed. a large lot subdivision concept
proposed. by Will Stenzel at their August 28, 1989 meeting. Mr. Stenzel
has now amended his application from the 3-lot subdivision to a 2-lot
subdivision of a parcel of land. he proposes to purchase from George
and Lorraine Krueger and would use a common driveway for the two
parcels. Four zoning code variances are requested with this proposal:
(1) Variance to the required 300' of frontage on a public road for
Parcel A, (2) Variance to the required 300' of frontage on a public
road for Parcel B, (3) Variance to the permitted 4:1 lot -•size ratio
for Parcel A; and (4) Variance to allow a private road for
ingress/egress for Parcel B.
Will Stenzel requested a multi -use driveway, not a private driveway,
and asked the Council to change the ordinance because he understands
there are other driveways in the City used as a multi -use driveway.
Stenzel. indicated the hardship was, with 300 feet of road fonta.ge, you
cannot get to the back two parcels. He added that the cost ($94,000)
of a new road would be a burden on him.
At their meeting of October 23, 1989, the Planning Commission voted
6-1 recommmending denial due to the lack of a proven hardship for the
four identified variances.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1989 PAGE 3
M/S/P Hunt/Williams - to deny the request by Will Stenzel, George
Krueger for a Large Lot Subdivision (commonly known as 11.491 50th
St.,) and four variances: (1) Variance to the required 300' of
frontage on a public road for Parcel A; (2) Variance to the required
300' of frontage on a public road for Parcel. B; (3) Variance to the
permitted 4:1 ratio for Parcel A; and (4) Variance to allow a private
road for ingress/egress for Parcel B based on the Planning
Commission's recommendation and on the lack of a legally identifiable
hardship for the requested variances. (Motion carried 4-0).
B. CUP AMENDMENT: Oakwood Animal Hospital
Dr. Raymond Swanson, owner of the Oakwood Animal Hospital, wishes to
construct a 90' x 40' (3600 sq.ft.) accessory structure for the
storage of equipment and supplies for his Animal Hospital, the Animal
Inn Training Center, and the Animal Inn Dog Kennel. All of these
businesses operate under separate Conditional Use Permits and are in
the Agricultural Zoning District. Even though the total acres for all
three CUP's is approximately 24 acres, the staff indicated it appeared
from the minutes and background data that the City gave the zoning
district to Dr. Swanson to accomodate his existing use at the time the
1979 Municipal Code was adopted. The staff noted there are no
conditions set forth in in any of these CUP's that limit the number of
buildings and/or accessory structures.
At their October 23, 1989 Meeting, the Planning Commission, on a 5-2
vote, recommended that the City Council approve incorporating into the
current CUP for Dr. Raymond and Carol Swanson the legal description
that includes Parcel 2552 with the crematorium and storage building
and strongly recommend before January 1, 1990 CUP review, the staff
get together with Dr. Swanson and the owners to discuss future
expansion plans.
The Council requested the minutes surrounding the original CUP (1980)
and legal description of property involved in the original CUP, in
hope of getting this matter resolved before they talk about future
expansion.
M/S/P Williams/Hunt - to postpone consideration on amendment to the
CUP for Oakwood Animal Hospital until the Council review the minutes
surrounding the original CUP (1980) and the legal description of all
properties involved in the original CUP. (Motion carried 4-0).
C. Site Plan Review: Hagberg's Country Market
Bob Fields, St. Croix Oil Co., explained the site plan showing (3) gas
service pumps and canopy that Hagberg's Country Market propose to
install at their existing business at 11325 Stillwater Blvd. Plans
are proposed to leave the existing signage that is there, the size of
the building will not be changed, but the septic system will be
updated, add plantings, stripe the parking lot with approx. 66 parking
spaces, try to use the driveway as two-way traffic with a possible
median in the future. During the winter, some changes will be added in
the store to improve costumer circulation.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1989 PAGE 4
j` Building Official, Jim McNamara, reviewed the plan and indicated that
all setbacks have been met and the installation of these pumps would
not violate any provision of our municipal code. Jim suggested the
applicants talk to the State of Minnesota in regard to the entrance
and exit roads from Highway 5, because they will be coming off a State
road.
At their October 23, 1989 meeting, the Planning Commission took no
formal action, but it appeared that the majority of the Commission
members were in favor of this proposal.
The Council agreed, with the concept, but a few details needed to be
worked out, such as, size of the parcel and the percentage of
impervious surface.
M/S/P Williams/Hunt - to postpone consideration of the site plan
review for Hagberg's Country Market until the lot size and impervious
surface coverge has been determined. (Motion carried 3-1: Moe:He felt
the Council was throwing out unnecessary roadblocks after they agreed
on concept approval.)
Later in the meeting, Bob Fields asked if the Council would reconsider
their motion because they have the information requested by the
Council.
M/S/P Hunt/Williams - to bring back for Council consideration the site
plan review for Hagberg's Country Market. (Motion carried 3-0: Mayor
Dunn stepped out of the meeting).
Bob Field reported he has calculated the Hagberg's Country Market
parcel to be 3.5 acres and the impervious surface coverage is 38
percent.
M/S/P Moe/Hunt - to approve the site plan of. Hagberg's Country Market
for addition of three gas pumps based on the following Findings of
Fart: This parcel consists of. 3.5 acres; impervious surface, as
calculated by staff, appears to be 38 percent and within our
standards; parking appears to be adequate with 66 parking stalls;
applicant adequately addressed the two accesses and traffic flow
patterns; appears to be adequate space for a septic system and the
owner intends to upgrade this system. (Motion carried 4-0).
D. Woodbury Transportation Plan Amendment
xece% e
The Council. is
The the Woodbury proposal, but felt it was premature
to 94 ch i} �e� -k® Woodbury's request. The Council would
determine the need for the extension of. Biel.enberg Drive across 1-94
for connection to Helmo Avenue after the Section 32 status has been
established.
E. Sh.oreland Permit: Zetterberg, 8018 Hill Trail N.
Peter Zeterberg, 8018 Hill. Trail N., is requesting a Shoreland Permit
due to a present faulty septic system. All requirements of the
shoreland ordinance and city ordinances can be met. No variances are
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1989 PAGE 5
required and no concerns have been brought up by the DNR or by the
City Engineer. Building Official, Jim McNamara, recommended approval
of the requested Shoreland Permit based on the information provided
and conditioned upon applicant supplying satisfactory soil borings and
percolation tests.
M/S/P Hunt/Williams - to approve a shoreland permit for Peter
Zetterberg, 8018 Hill Tail N., to replace a faulty septic system;
conditioned upon applicant supplying Jim McNamara with satisfactory
soil borings and percolation tests. (Motion carried 4-0).
F. Other Planning Issues:
(1) Concept Plan Review: Golf Driving Range
a.. Driving Ranges (per Councilman Williams)
Councilman Williams indicated the City may have erred when it approved
the Blasko rezoning to Public Faci.ltiy (to permit a golf driving
range). This was not brought up, however, until the Planning
Commission was reviewing, in concept, a second request for a similar
rezoning presented by Ray Salus. Williams explained the Public
Facility Ordinance does not include Golf Driving Ran es, an he id.
not like approving uses not allowed by the Code,Ufidsdtant
was not to exclude Golf Driving Ranges. He suggested putting any
commercial uses under the Conditional Use Permit Process and requested
the Planning Commission review rewording the Public Facility
Ordinance.
Councilman Hunt stated if the Planning Commission decides Golf Driving
Ranges are not acceptable in Public Facility Zoning, then what zoning
District would it be accepted and why. Hunt considered setting a time
limit of two PZ meetings for the Planning Commission to discuss this
and come up with a recommendation. If no recommendation comes from
the PZ, then the Council would make the resommexdation,decision.
The City Attorney advised the Council, it was not obligated to make
the same mistake twice.
Councilman Moe did not agree that they all made a mistake when they
approved the first application.
M/S/P Williams/Hunt - to request the Planning Commission look at the
Public Facility Zoning category and recommend rewording which would
avoid the confusion we now have on Golf Driving Ranges, or any other
Proposed use of a similar nature that should be included and return
their recommendation to the Council for their December 5, 1989 City
Council meeting. (Motion carried 3-1: Moe: He felt this was a
needless delay for the applicant and favored the Planning Commission's
motion to amend Section 301.070D.1.1A to include. No. 3. Commercial
Recreation Facilities of a. semi -open nature such as golf courses and
golf driving ranges.)
The Planning Commission Public Hearing scheduled for November 13th
will. be cancelled.
LAKE. ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1989 PAGE 6
(2) Proposed Ordinances: Residential Estates
I-94 Freeway Business
(per Councilman Graves)
M/S/P Hunt/Williams - to postpone
ordinances until Councilman Graves
carried 4-0).
consideration of the proposed
arrived at the meeting. (Motion
M/S/P Hunt/Williars - to bring back discussion on Proposed Ordinances
for Council consideration. (Motion carried 5-0).
Councilman Graves brought up his concern on nothing being done on the
proposed ordinances, Residential Estates and 1--94 Freeway Business.
Graves advocated the City Coun6ilstate their desire to have the
Planning Commission bring these documents to them.
Some of the members of the Council preferred to look at the draft
Comprehensive Plan, which was just presented to them, before the
ordinances are drafted. If this looks like a Comprehensive Plan we
can approve, these ordinances will be written to conform with the
Plan. The proposed course, Williams explained, would be for the
Council to come back at their next meeting with any comments regarding
this draft and then they will send the Comp Plan onto the PZ to hold
the public hearing.
8. CITY ATTORNEY'S REPORT:
City Attorney Knaak submitted his monthly litigation report.
9. CITY ADMINISTRATOR'S REPORT:
A. Park Committee Recommendation: DeMontreville a+-1 Park
The Parks Commission requested City staff review the DeMontreville
Highland's files to determine if the City could pursue placement of a
walkway easement, as was provided for with the approval of the
subdivision. At their October 16, 1989 meeting, the Parks Commission,
unanimously, recommended the stipulation in the agreement regarding an
easement or a walkway path in-WI.ontreville be pursued and reviewed
by the City Attorney in accordance with their recommendation for an
asphalt walkway. City Attorney, Steve Carlson, advised any change in
conditions of the easement would need to be approved by Derrick Land
Co., the developer of this subdivision. As this easement was part of
past legal action, it may be necessary to survey the area before any
easement construction begins.
The Council agreed to pursue placement of: a walkway easement and
requested the staff contact Derrick for their approval on this
modified easement and to have the affected property owners appear
before the Parks Commission, if they desire. If not, they can appear
before the Council to discuss their desire for a tree or fence
separation and. on walkway surface material coverage.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1989 PA^F 7
B. Equestrian/Pedestrian Trail Easement
Joe Fogarty, Edina Realty, acting on behalf of his client, Dayton
Development has made an inquiry to determine if the City has any
interest in assuming a 30 foot trail easement as indicated in the area
of 15th Street, east of Inwood. County Parks Director, Jack
Perkovich, has indicated the County is not interested in taking over
the easement and has expressed concern about possible assumption by
users of this trail that this would lead to another entrance into the
Park Reserve.
M/S/P Williams/Hunt - to submit this matter to the Parks Commission
for their recommendation. (Motion carried 4-0).
C. MnDOT Report: Traffic Signal TH5 & CR17
The Council received a letter from Mary LaPlante, MnDOT, in response
to a meeting held on October 4, 1989 to determine MnDOT's position on
installation of a traffic signal at TH5 and CR17. Their review of this
intersection indicates that existing traffic controls are appropriate.
Only one accident of the type correctable by a signal ha.s occurred
over the last 3 1/2 years. Observations indicate that the overall
delay at the intersection would be increased with the installation of
a signal. They felt that the installation of a traffic signal would
not improve the overall operation and safety of this intersecton, at
this time.
MnDOT willconduct a delay study at this intersection and will, review
the possibility of the installation of a bypass lane and right
turnl.ane. MnDOT will review the segment of TH5 from CSAH 17 West
Junction to CSAH 15 for speed limits and the need for bypass and right
turn lanes at the various intersections. This will include a review
of the easterly entrance to the gas station in the southwest corner of
TH5 and CSAH 17 East Junction, as well as the entrance directly across
TH5 from CSAH 17 East Junction. MnDOT will contact the City upon
completion of this review which should be in about a month.
D. MN Trail Asst. Program Agreement
The DNR has requested Council approval of the Minnesota Trail
Assistance Program Agreement as part of our request for the DNR grant
funds towards the maintenance/grooming of the cross-country ski trails
at. Sunfish Lake Park.
M/S/P Moe/Hunt - resolved that the Mayor and Administrator are hereby
authorized to sign the Minnesota Trail Assistance Program Agreement on
behalf of. the City. (Motion carried 4-0).
E. Ordinance 8028; Gilbert Sullwold
At the March 7, 1989 meeting, the staff was directed to draft an
ordinance rezoning the 10+ acres that was subdivided from Mr.
Sull.wold's property to enable his daughter to build a single family
home. The Council reviewed the ordinance and made the following
motion:
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1989 PAGE 8
M/S/P Williams/Hunt - to adopt ordinance 8028 rezoning the 10 acre
parcel subdivided by Council action in Resolution 89-42 on October 17,
1989 as presented. (Motion carried 4-0).
F. Solid Waste Advisory Committee's Recommendation for Compost
Worker's Salaries
At the direction of the Council, the matter of payment for composts
monitors was referred to the Solid Waste Advisory Committee. The
Committee met in October and recommended that the City not exceed the
amount allotted by the County ($2500 in 1989) in paying our compost
workers, and that the total dollars expended on monitoring be divided
by the total hours worked, and an equal hourly rate be established for
all compost workers.
The overall cost for compost monitoring is estimted to be $2,520.58
($20.58 over what we will be reimbursed by the County), if the Scout
Troop is paid $600 for the Fall monitoring. Based on their
recommendation of the Solid Waste Committee, payment to the compost
workers, based on the total hours worked during 1989, should not
exceed $4.78 per hour. The staff recommended that the workers be paid
$4.00 per hour (15 cents over minimum wage). The balance of the
amount allowed by the County would be charged to staff time and this
money would essentially go into the Solid Waste Fund.
Councilman Williams and Hunt indicated the Scouts entered in an
agreement knowing full well $600 would be paid to Scout Troop 162 for
monitoring the site this past spring (a total of $600 for 90 hours)and
Pit-f �y-eeald supply support documentation identifying this
committment. They would be willing to vote for the Solid Waste
Advisory Committee's recommendation if started in 1990 and not in
1989. Discussion followed on whether there was such documentation and
some Council -members would be in favor if the troop as a whole was
benefitting.
M/S/ Hunt/Williams - to postpone consideration of Compost Workers'
wages until support documentation identifying any committment last
Spring to Scout Troop 162
The City Administrator recommended the Council follow the Solid Waste
Advisory Committee's recommendation effective in 1990.
Councilman Moe agreed to this monitor fee schedule of 1990.
Councilmen Hunt and Williams withdrew their motion.
M/S/ Moe/Hunt - to follow the Solid Waste Advisory Committee
recommendation the City not exceed the amount allotted by the County
in paying our compost workers
and that the total dollars expended on monitoring be divided by the
total hours worked
M/S/P Moe/Williams - to amend the motion to include and an equal
hourly rate of $4.00 per hour be paid for all compost workers
effective in 1990. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1989 PAGE 9
M/S/P Moe/Hunt - to follow the Solid Waste Advisory Committee's
- recommendation that the City not exceed the amount allotted by the
County in paying our compost workers and that the total dollars
expended on monitoring be divided by the total hours worked and an
egga)hourly rate of $4.00 per hour be paid for all compost workers
effective in 1990. (Motion carried 5-0).
1.0. BUDGET WORKSHOP:
A Budget Workshop will be held before the November 21st City Council
meeting at 6:15 p.m.
M/S/P Moe/Hunt - to adjourn the City Council meeting at 9:45 p.m.
(Motion carried 5-0).
Since we do not have time to discuss every point presented, it may seem
that decisions are preconceived. However, background information is
provided for the City Council on each agenda item in advance from City
Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also have
been discussed at previous Council meetings. If you are aware of
information that hasn't been discussed, please fill out a "Request to
Appear Before the City Council" slip; or, if you came late, raise your
hand to be recognized. Comments that are pertinent are appreciated.
Items requiring excessive time may be continued to another meeting.
AGENDA
LAKE ELMO CITY COUNCIL
NOVEMBER 7, 1.989
7:00 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: October 17, 1989
3. CLAIMS
4. REAPP REPORT
5. PUBLIC INQUIRIES:
6. Petition re: Ultra Lights
7. PLANNING/LAND USE/ZONING:
A. Large Lot- Subdivision: Will Stenzel
B.
CUP
Amendment: Oakdwood Animal Hospital
C.
Site
Plan Review: Hagberg's Super
Market
D. Woodbury Transportation Plan. Amendment
E. Shoreland Permit: Zetterberg, 8018 Hill Trail N.
F. Other Planning Issues
(1) Concept Plan Review: Golf Driving Range
a. Driving Ranges (per Councilman Williams)
(2) Proposed Ordinances: Residential Estates
I-94 Freeway Business
(per Councilman Graves)
8. CITY ATTORNEY'S REPORT
(over)
9. CITY ADMINISTRATOR'S REPORT:
A. Park Committee Recommendation: DeMontreville Trail
B. Equestrian/Pedestrian Trail Easement
C. Mn.DOT Report: Traffic Signal TH5 & CR17
D. MN Trail. Asst. Program Agreement
E. Ordinance 8028: Gilbert Sullwold
F. Waste Control, Committee Recommendation
Compost Worker's Salaries
FUTURE MEETINGS:
November 13 7:30 Planning Commission
21 7:00 City Council
27 7:30 Planning Commission
Solid Waste Advisory Committee
December 4 7:00 Parks Committee
5 7:00 City Council