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HomeMy WebLinkAbout11-07-95 CCMAPPROVED MINUTES: NOVEMBER 21, 1995 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 NOTE LATER STARTING TIME FOR MEETING BECAUSE OF LOCAL ELECTIONS 1. Approval of Agenda 2. Approval of Minutes: October 17, 1995 3. Approval of Claims 4. PUBLIC INFORMATIONAL: A. Public Inquiries B. Rich Cummings & Mike Polehna discussion on proposed St. Croix Valley Sports Arena C. Donation of POW/MIA Flag - Lake Elmo VFW Auxiliary D. Dave & Mary Schwarz, 10961 31st St.: Request for Council reconsideration of variance request E. George & Katie Dege: Request to amend code to allow wind generators in Agricultural zoning districts F. Recommendation to County Board for appointment of Dave Bucheck to Valley Branch Watershed Board of Supervisors G. Request from Animal Control Officer to implement a "Potentially Dangerous Dog" ordinance H. Cable Television Offer 5. CONSENT AGENDA 6. UNFINISHED BUSINESS 7. PARKS/MAINTENANCE DEPARTMENT: 8. PLANNING, LAND USE AND ZONING: A. Case No. V/95-32 Public Hearing: Variance to septic system setback and continuation of request for setback from road right-of-way. Mark Edlund, 5431 Hilltop Avenue N. B. Overview of Deign Team Visit C. Cluster Ordinance development update D. Ordinance amending Section 1002.050 of the Lake Elmo Code relating to Temporary Parking Permits E. Update on 1-94 Study F. Verbal recommendation from Lake Elmo Business Assoc. 9. CITY ENGINEER'S REPORT: A. Request for letter of support from City of Oakdale relating to grant application for a Wellhead Protection Plan B. "Anna's Grove" (Oakdale subdivision) Wetland Mitigation:How will it affect Lake Elmo 10. CITY ATTORNEY'S REPORT: A. Resolution authorizing Mayor & City Administrator to execute Washington County Landifll documents 11. CITY COUNCIL REPORTS: 12. CITY ADMINISTRATOR'S REPORT: A. Maintenance/Fire Department Task Force Update B. League of Minnesota Cities "Proposed 1996 City Policies" C. Study of Fire Department Update LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 Mayor John called the council meeting to order at 8:00 p.m, in the council chambers. PRESENT: Hunt (departed 10:00 p.m.), Conlin, John, Johnston, DeLapp, Planner Terwedo, City Engineer Bohrer, City Attorney Filla and Administrator Kueffner. 1. AGENDA ADD: 8E. Update on 1-94 Study, 8F. Verbal recommendation from Lake Elmo Business Assoc., 10. Resolution authorizing Mayor & City Administrator to execute Washington County Landfill documents. M/S/P Conlin/Johnston - to approve the November 7, 1995 City Council agenda as amended. (Motion passed 5-0). 2. MINUTES: October 17, 1995 M/S/P Conlin/DeLapp -to approve the October 17, 1995 City Council minutes as amended. (Motion passed 3-0-2:Abstain:Hunt, John). 3. CLAIMS M/SIP Johnston/DeLapp - to approve the November 7, 1995 Claims #4194 through #4244 as presented. (Motion passed 5-0). 4. PUBLIC INFORMATIONAL A. Public Inquiries - None B. Rich Cummings and Mike Polehna: Discussion on proposed St. Croix Valley Sports Arena to serve the St. Croix Valley Area (17 communities that encompass the #834 school district) Rich Cummings and Mike Polehna are two members of a 5 person group called the St. Croix Valley Sports Facility Commission. The commission is formed with a mission in obtaining the necessary funding for construction of a St.Croix Valley Sports Complex, a multi -purpose recreational sport complex, located on the Market Place'development site in Stillwater that is already paid for. The plan is to raise $5.5 million and are asking each community for financial support based on participation. The number they are using for the funding request is $26 per resident over a period of 10 years. Lake Elmo's population is 6,057 which works out to $151,425 or $15,000/yr. The bulk of the funds for this entire project will be through grants and gifts from major foundations. Breaking ground is planned for the Spring and the building will be up by hockey season. Councilman Hunt requested looking at the funding formula because Lake Elmo in not entirely in School District #834, but is divided into three school districts. There is a potential for three groups that would be coming in front of this Council requesting funds. There is not 6,000 Lake Elmo residents in school district #834. Council member Johnston agreed that they need to look at the formula and $15,000 is not in the budget for a sport facility. Conlin felt the council should look at this as something positive to occupy our youth. This will be an agenda item for discussion at the next council meeting. C. Donation of POW/MIA Flag - Lake Elmo VFW Auxiliary Janet Schultz indicated the Lake Elmo V.F.W. Women's Auxiliary would like to donate a 3' x 5' POW/MIA flag to be placed on our flag pole. M/S/P Hunt/Johnston - the city is supportive of the donation of a POW/MIA flag and formally accepts the donation from the Lake Elmo VFW Auxiliary, (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 3 D. Dave & Mary Schwarz, 10961 31st St. N; Request for Council reconsideration of variance request The Schwarz' have sent each council member a letter asking for reconsideration of their request for a variance to allow them to construct an addition to their existing home Dave Schwarz asked the council to reconsider their variance request because he was given the indication before the last council meeting that his application for a variance would meet with approval. An additional staff report was prepared using the criteria for a hardship as a basis for denial. The Schwarz' feel they were not given adequate time to prepare an explanation of the hardship. M/S/P Conlin/Hunt - to direct the staff to prepare a public hearing of this request which includes notification of property owners affected. Further, that the staff prepare a summation of similar variance requests that have been considered by the Council. (Motion passed 5-0). Attorney Filla pointed out the applicant should not leave with the impression that if there has been five similar variances granted by the city that means this variance needs to be granted. The city considers each request on their own merits on the basis of hardship as opposed to how many similar variances have been granted in the past. Granting similar variances in the past does not compel the city to grant a variance unless there is a justified hardship. E. George & Katie Dege: Request to amend code to allow wind generators in Agricultural zoning districts George and Katie Dege are requesting the Council to allow a 15' diameter wind generator on top of a pole 85' tall on one of the rolling hills on their property at 5193 Keats Avenue which would supply some of their energy as well as reduce waste and pollution. Pictures and information on design were submitted. Section 301.120 of our Code states: "Antenna and wind generator towers shall not exceed 65' in height". Administrator Kueffner checked the Washington County ordinance to see how they dealt with this type of request because there is a wind generator at Park Nursery located north of Highway 36. The County's ordinance was made to require a conditional use permit for towers/antennas between 45' and 100'. A copy of the County ordinance was provided. WS/P Hunt/DeLapp - to direct the staff and Planning Commission to study wind generators that exceed 65' in height and come back with recommendations on restrictions or conditions on use. (Motion passed 5-0). F. Recommendation to County Board for appointment of Dave Bucheck to Valley Branch Watershed Board of Supervisors Administrator Kueffner had informed the council that Gordon Moosbrugger was not reappointed to the VBWD of Managers. West Lakeland now has two residents on the Board and has one application along with another application from a resident in Baytown Township submitted to the County to fill the vacancy created by Peter Zetterburg's resignation. The city received an application from Dave Bucheck and Administrator Kueffner sent the application to the County Administrator with a request that Dr. Bucheck's name be considered for appointment. Kueffner also asked the Cities of Oakdale, Woodbury and Afton to support the legislation that each City appoint Its own representative to a Watershed rather than having the County make appointments. M/S/P DeLapp/John - to direct the City Administrator to send a letter to the Washington County Board of Commissioners in strong support of Dr. Dave Bucheck's appointment to the VBWD. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 G. Request from Animal Control Officer to Implement a "Potentially Dangerous Dog" ordinance Mike Smith, A.C.O, is asking for council support with his efforts to Implement a "Potentially Dangerous Dog" ordinance. The Council received copies of several ordinances obtained from other communities. Administrator Kueffner supported Mike's efforts and asked that the council take this one step farther and compare other ordinances with our dog and cat ordinance to see if other sections need updating. M/S/P Conlin/Johnston - to direct the staff to prepare an ordinance and recommendation relating to "Potentially Dangerous Dogs" as well as other regulations relating to dogs, cats, fish and have a draft ordinance to the Council at its first meeting in December. (Motion passed 5-0). H. Cable Television Offer If you are not currently subscribing to cable, but would like to view: local community events, governmental meetings, school district information, other local cable programming, call Meredith Cable at 483-9999 and subscribe to Universal PEG Service. Universal PEG Service is installed free -of -charge (one outlet, standard install of 200' or less) and there is no ongoing monthly fee if you have a cable -ready television. This information will be in the next newsletter. 5. Consent Agenda- None 6. Unfinished Business -None 7. PARKS/MAINTENANCE DEPARTMENT: A. Recommendation from Parks Commission for Trail Improvements in Stonegate Trail (Parks) In a memo dated November 3, 1955 to the Council, Mike Bouthilet reported the Parks Commissipn requested that a 10 foot limerock trail be placed on the 20 foot easement through the Stonegate development. The recommendation is based on a concern that as the development matures the trail easement may lose its identity. Money ($10,665) for this project would come from Park Dedication Funds. The Parks and Public Words Dept. are proposing to do the work. M/S/P Johnston/John - to direct the staff to improve the trail in Stonegate per memo dated November 3, 1995 from Parks Supervisor, Mike Bouthilet, at a cost not to exceed $11,000 based on a favorable recommendation from the Parks Commission. The funds for this improvement will betaken from the Park Dedication Fund. (Motion passed 5-0). B. Replacement of Heater at Parks Garage and Well House (Parks and Maintenance) Mike Bouthilet provided quotes for a Reznor FE165 Unit Heater for the Parks Garage and recommended purchasing the heater from Springborn Heating at a cost of $1,555.50. At the October 23rd meeting, the MAC Committee reviewed the requests for furnace replacements and found in both cases these units are over 30 years old and in poor shape. A motion was made to recommend the purchase of new furnaces for both the Parks Garage and Well House as quoted by Springborn Heating. Quotes were provided for a Reznor FE50 Unit Heater for the Well House. Dan Olinger recommended purchasing the heater from Springborn Heating at a cost of $1,063.00. M/S/P DeLapp/John - to authorize the purchase of a Reznor FE165 Heater for the Parks Garage from Springborn Heating at a cost of $1,555.50 based on a favorable review and recommendation from the MAC. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 M/S/P DeLapp/John - to authorize the purchase of a Reznor FE60 Heater for the Well House from Springborn Heating at a cost of $1,063.00 based on a favorable review and recommendation from the MAC. (Motion passed 5-0). C. Purchase of Back hoe (Maintenance) Dan Olinger provided quotes for repairs to a 1979 555 Extend -a -hoe with 3,065 hours. This unit is used to load salt sands in the winter so there is some rust and corrosion. At their October 23rd meeting, the MAC committee reviewed the request to purchase a Back Hoe to replace the existing 1979 unit purchased in 1980. The existing unit is in need of extensive repair in the amount of $6,823.85. Based on the MAC review, a motion was made to recommend purchase of the Ford Back Hoe as outlined in the State DOT bid specs from Rochester Ford for a cost of $35,706 with our old unit as a trade-in. M/S/P John/DeLapp - to approve the purchase of a Ford Back Hoe per quote from Rochester Ford Tractor dated September 6, 1995 for a total amount of $35,938.09 ($35,706 plus $232.09 sales tax) based on a favorable review and recommendation from the MAC, and that the funds for this purchase be taken from the Maintenance Department's Capital Improvement Reserve. (Motion passed 5-0). 8. PLANNING, LAND USE AND ZONING: A. Case No. W95-32 Public Hearing:Variance to septic system setback and continuation of request for setback from road right-of-way. Mark Edlund, 5431 Hilltop Avenue N. The public hearing notice was published in the Stillwater Gazette and the adjoining property owners were notified. At the last council meeting, this item was continued in order to determine if additional variances were required. Initially, the variance was to the sideyard setback on a corner lot as outlined in the planning report. The staff reviewed the proposal and determined that a variance was needed for the setback to the septic system if the garage were to be built in the proposed location. The code requires 10 feet and the proposal for construction of the garage indicates a setback of approx. 7 feet. The application has submitted additional information to the city showing the location of the drainfield and the alternate location for the detached garage. The slope in this area is 12% and the topography of the site would be greatly impacted by development in this area of the yard. M/S/P Hunt/Conlin - to approve Case No. V/95-32, variance to sideyard setback and variance to the setback from a structure to a septic system by Mark Edlund, 5431 Hilltop Avenue N., for the purpose of constructing a garage based on the findings presented in report dated November 7, 1995 with the following conditions: 1. The garage have lap siding or materials to match the house; 2. The color of the garage shall blend with the color of the house. (Motion passed 5-0). B. Overview of Design Team Visit Planner Terwedo reported on the Minnesota Team Recommendations by Planning Area: Old Village, Living Patterns (Residential) and Corridors. The Council set up a workshop for Tuesday, November 14, 7:00 p.m., to discuss the Minnesota Design Team Recommendations in order to develop a framework for a December 2, 1995 Open House. At the Open House the city will receive more public input and awareness, volunteers for working projects such as city center and play the tapes of the Minnesota Design Team Visit. C. Cluster Ordinance Development Update Planner Terwedo provided a memo regarding Open Space Ordinance Development Update. As the Council directed, the Planning Commission has reviewed and commented on a first draft of a cluster ordinance. At their meeting on October 23, the commission reviewed the existing land use policies in the LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 Comprehensive Plan regarding agricultural development and residential development. These policies will 1, need to be revised if the City wishes to pursue this type of residential land use pattern. A draft Agriculture/Open Space Preservation and Development Overlay District was submitted to the Council. The Planning Commission would like the overall density of these developments not to exceed the existing density of the present RE density (6 per 20). They also had a concern about the minimum lot size allowable and lot width for single family homes. As part of the Minnesota Design Team recommendations, a living pattern (development) chart was developed which outlined certain residential development patterns. This may be a framework for the Comprehensive Plan Amendment and provide a basis for the density patterns in the open space ordinance. M/S/P Conlin/Johnston - to direct the Planning Commission to hold a public hearing on November 27, 1995 for adoption of an ordinance establishing a Residential Development Moratorium which would prohibit the creation of any new residential lots within the City for a period of six months. (Motion passed 4-0). M/S/P Johnston/DeLapp - to direct the Planner to submit proposals to architects to illustrate graphic design for a comprehensive plan amendment for open spacelclustering concept. (Motion passed 4-0). D. Ordinance amending Section 1002.060 of the Lake Elmo Code relating to Temporary Parking Permits The City received a request for temporary parking permits to cover an in -home yearly Boutique which runs from October 27 to November 12 for a total of 13 days. It was the intention of the Council to allow no more than a one day special event, such as a wedding, graduation, Christmas get-together or similar type function, but the ordinance was broadly written Administrator Kueffner proposed an amendment that would allow temporary permits --up to two events per calendar year, for a period of time not to exceed 24 hours per event. M/S/P Johnston/DeLapp - to table in order for Individual council members phone in their comments into staff and come back with a recommendation on an ordinance relating to temporary parking permits. (Motion passed 4-0). E. Update on 1-94 Corridor Study Planner Terwedo reported the 1-94 Corridor Task Force will meet on Wednesday November 15, 4:30 p.m., at City Hall. The Task Force will review the following: work program; existing land use policies from comprehensive plan, future land use map and zoning map; survey response and existing businesses in the study area. F. Verbal Recommendation from Lake Elmo Business Assoc. Administrator Kueffner reported the Lake Elmo Business Assoc. recommended that a similar Task Force to 1-94 be set up for the Old Village. M/S/P John/Johnston - to designate a Task Force to work on a study for the Old Village area and Lake Elmo City Center following recommendations of the Design Team. (Motion passed 4-0). This task force will be advertised in the city newsletter for anyone who wants to volunteer on this Task Force. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 7 9. CITY ENGINEER'S REPORT: A. Request for letter of support from City of Oakdale relating to grant application for a Wellhead Protection plan M/S/P DeLapp/John - to send a letter of support to the City of Oakdale in their pursuit of a Clean Water Partnership Grant for the preparation of a Well Head Protection Plan, offer any available information the City might have, designate Larry Bohrer as the contact person for any requests for that kind of information and request the city be updated on any involvement of Lake Elmo geographical area in their plan. (Motion passed 4-0). B. "Anna's Grove" (Oakdale Subdivision) Wetland Mitigation:How will it affect Lake Elmo Mayor John has asked Larry Bohrer to review this proposed development and report to the Council any perceived negative impacts may have on Lake Elmo. Bohrer provided a copy of a report from Barr Engineering Co., dated October 23,1995, on Anna's Grove (Permit 95-8) Valley Branch Watershed District, Oakdale, Minnesota. Bohrer pointed out in the latest edition of the VBWD Overall Plan states on page 3-28---- VBWD will require that the rate of stormwater runoff be held to pre -development rates at community boundaries." This was pointed out in the Barr staff report. The staff report also concludes that the developed rates of runoff will likely exceed pre -development rates of runoff for all events except the infrequent 100 year event. Since there is also a staff list of suggested conditions of approval, the Council could only deduce that the VBWD Managers are considering approval without resolving the basic issue that this subdivision will violate VBWD rules. Oakdale has a Surface Water Management Plan which was approved by the VBWD in 1991. The council understands that the Oakdale plan requires developments to control runoff for the 100 year event. There is no requirement to control the runoff from more frequent events as the VBWD Plan requires. This development may meet the requirements of the Oakdale Plan, but does not meet the requirement of the VBWD plan. The Council asked that this development not be approved until all requirements of the VBWD can be met. Watershed districts are given authority In the law to regulate surface water which impacts more than one community because an individual community has no authority in the law over another community. Lake Elmo Is relying on the VBWD to protect it from impacts due to increased runoff rate from other communities. M/S/P John/DeLapp - to instruct the City Engineer to send a letter to the VBWD pointing out problems in relation to this proposal (Anna's Grove) in terms of increasing the rate of flow of water through Eagle Point Creek into Lake Elmo such that they have to create a holding pond to control the runoff and that rate of stormwater runoff be held to pre -development rates at community boundaries. (Motion passed 4- 0). Council members Johnston and/or DeLapp will attend the VBWD meeting on Thursday and read Larry Bohrer's letter into record. 10. CITY ATTORNEY'S REPORT: ' Attorney Filla provided a DRAFT resolution relating to the Washington County Landfill and recommended the Council authorize the Mayor and City Administrator to execute M/S/P DeLapp/Johnston - to adopt Resolution No. 95-54, A Resolution relating to the Washington County Landfill. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 7, 1995 8 11. CITY COUNCIL REPORT: Mayor John copied the council a letter to Mayor John from Charles Siggerud, MN Dept. of Transportation. Request Washington County Public Works to review speed limits on Washington CSAH 13. The Mayor will write a guest editorial on MN/DOT's rational on determining Speed Zones in order to generate debate among community members and elected officials. Administrator Kueffner will approach the County with the question, is it too late to put in a road bed for trails in rural section South side of 26th Street but on the East side of County Rd 13, from where the park starts north to end the of project. An announcement was made that the Holiday Bureau, 2300 W. Orleans St., 439-7434, is coordinating new gifts for holiday families. This announcement will be inserted in the Newsletter. 12. CITY ADMINISTRATOR'S REPORT: A. Maintenance/Fire Department Task Force Update The Council received a memo from Administrator Kueffner explaining the Task Force comprised of Greg Malmquist, Dan Olinger, Steve DeLapp and herself met to discuss the needs of the Fire Dept. and Public Works Dept. This was a council directive in response to the loss of Fire Station #2 and the downsizing of the Public Works site. Olinger prepared a building site plan for the Maintenance Dept. and Malmquist provided a narrative of the Fire Dept's current and future needs. Elmer Richert and his sister have agreed to sell their 10 acres off of Jamaca Avenue for $125,000. Kueffner has contacted the H.R.A. who are in the business of constructing public facilities The staff is seeking further direction from the Council. M/S/P Conlin/DeLapp - to table this item to the Workshop on Tuesday, November 14 in order for the Council to review the information they received at the meeting. (Motion passed 4-0). B. League of Minnesota Cities "Proposed 1996 City Policies" The Council received a copy of the memo from the League of Minnesota Cities accompanied by the League's proposed 1996 policies. League members will vote on this proposed policy at a meeting scheduled for Friday, November 17, 1995 at the Ramada Plaza Hotel in Minnetonka. If any of the council is interested in attending, they are to contact the administrator to get their registration in. C. Study of Fire Department Update The Council had received a proposal from Ed Hazelwood, Elhert & Assoc. for a proposed safety study of the fire department. References and where the $3,900 for the cost to do the study will be checked. M/S/P Conlin/DeLapp - to table this item until the workshop on Tuesday, November 14, 1995. (Motion passed 4-0). M/S/P Johnston/Conlin - to adjourn the council meeting at 12:45. (Motion passed 4-0). ------------------------ Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 95-54 relating to the Washington County Landfill LAKE ELMO CITY COUNCIL WORKSHOP TUESDAY, NOVEMBER 14, 1995 AGENDA 7:00 P.M. 1. AGENDA 2. Fire Dept./Public Works Facilities 3. Fire Dept. Study: Cost Proposal by Ed Hazelwood, Elert & Assoc. 4. Discuss framework for December 2, 1995 Workshop/ Design Team Recommendations 5. Other 6. Adjourn 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. f 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. Lake Elmo City Council Agenda November 7,1995 Note later starting time for meeting because of Local Elections 8:00 p.m. Meeting Convenes Pledge of Allegiance 1. Approval of Agenda 2. Approval of Minutes 3. Approval of Claims 4. Public Informational A. Public Inquiries B. Rich Cummings and Mike Pohlena discussion on Proposed Sports Arena to serve Stillwater Area C. Donation of POWMA Flag - Lake Elmo VFW Auxiliary D. Dave and Mary Schwarz, 10961 31st St. N.: Request for Council reconsideration of variance request. E. George and Katie Dege: Request to amend code to allow wind generators in Agricultural zoning districts. F. Recommendation to County Board for appointment of Dave Bucheck to Valley Branch Watershed Board of Supervisors. G. Request from Animal Control Officer to implement a "Potentially Dangeous Dog" ordinance H. Cable Television Offer L Other 5. Consent Agenda 6. Unfinished Business 7. Parks/Maintenance Department A. Recommendation from Parks Commission for Trail Improvements in Stonegate Trail (Parks) B. Replacement of Heater at Parks Garage and Well House (Parks and Maintenance) C. Purchase of Back hoe (Maintenance) D. Other Continued... Lake Elmo City Council Agenda November 7,1995 Page 2 8. Planning, Land Use and Zoning A. Case No. V/95-32 Public Hearing: Variance to septic system setback and continuation of request for setback from road right-of-way. Mark Edlund, 5431 Hilltop Ave. N. B. Overview of Design Team Visit C. Cluster Ordinance development update D. Ordinance 81- amending Section 1002.050 of the Lake Elmo Code relating to Temporary Parking Permits E. Other 9. City Engineer's Report A. Request for letter of support from City of Oakdale relating to grant application for a Wellhead Protection Plan. B. "Anna's Grove" (Oakdale Subdivision) Wetland Mitigation: How will it affect Lake Elmo C. Other 10. City Attorney's Report 11. City Council Reports A. Mayor John: Letter from Mn/DOT regarding County Road 13 speed B. Council member Conlin C. Council member DeLapp D. Council member Hunt E. Council member Johnston 12. City Administrator's Report A. Maintenance/Fire Department Task Force Update B. League of Minnesota Cities "Proposed 1996 City Policies" C. Study of Fire Department - update D. Other 13. Adjournment