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HomeMy WebLinkAbout03-19-96 CCMLAKE ELMO CITY COUNCIL MINUTES' MARCH 19, 1996 DRAFT I 1. AGENDA L, is 2. MINUTES: March 4, 1996 3. CLAIMS 4. PUBLIC INFORMATIONAUINQUIRIES: A. County Road 13 Reconstruction Project; Washington County Public Works Resolution No. 96-5 Approval of Plans B. Financial support of St. Croix Valley Sports Facility; Handout on participation by community for St. Croix Valley Organized Spoils C. Letter from Joe Rogers 5. UNFINISHED BUSINESS: A. Assessment Policy (Request for postponement) B. Report from Ag Committee on permitted uses in Ag zoning district C. Agreement for Olson Lake Estates Outlet Project 6. PLANNING/LAND USE & ZONING: A. Request by Green Acres Recreation (Gaylen Springborn) B. Case No. ZAM/96-1 Berschen Property Rezoning Ordinance No. 8131 amending the Zoning District Map from Rural Residential to Public Facility C. Case No. CPA 96-8 Comprehensive Plan Amendment Resolution No. 96-6 amending the Future Land Use Map of the 1990 Lake Elmo Comprehensive Plan D. Use determination for wood working business proposal in LB; Letter from Walter Pechan and map location E. Request by Rehbein Excay. for grading/excay. permit F. Review of non -conforming use, Len Hanson, 10324 Hudson Blvd. G. Ordinance No. 8132 Wind Generator Ordinance H. Request for extension for filing final plat:Meehan I. Update on Open Space and Development Ordinance J. Update of Ag Use Committee workshop by Lee Hunt 7. PARKS/MAINTENANCE DEPARTMENT/MAINTENANCE ADVISORY: 8. CITY ENGINEER'S REPORT: A. Lake Elmo/Oakdale Joint Agreement for Water and Sewer in Section 33 B. Feasibility of Road Utility 9. CITY ATTORNEY'S REPORT: A. Susan Sampson Lawsuit 10. CITY COUNCIL REPORTS: 11. CITY ADMINISTRATOR'S REPORT: A. League Conference in Rochester Mayor John called the council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Hunt, Conlin, John, DeLapp, City Attorney Filla, City Engineer Bohrer, City Planner Terwedo and Administrator Kueffner. ABSENT: Johnston LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1996 1. AGENDA ADD: 4B. Handouts, 4C. Joe Rogers Letter, 6D. Letter from Walter Pechan and map location, 61. Open Space Dev., 6J. Update on workshop by Lee Hunt, 9B. Susan Sampson Lawsuit MOVE 9A to 5C and reverse 6B & C. M/S/P DeLapp/Hunt - to approve the March 19,1996 City Council agenda as amended. (Motion passed 4-0). 2. MINUTES: March 4, 1996 M/S/P Hunt/DeLapp - to approve the March 4, 1996 City Council minutes as amended. (Motion passed 3-0-1:Abstain:Conlin) 3. CLAIMS M/S/P Hunt/Conlin - to approve the March 19,1996 Claims #4580 through #4596 as presented. (Motion passed 4-0). 4. PUBLIC INFORMATIONAUINQUIRIES: A. County Road 13 Reconstruction Project; Washington County Public Works, Resolution 96-5 approval of plans Don Theisen, Washington County Public Works, requested final plan approval of the County Road 13 Reconstruction Project. Councilman DeLapp explained when the Council gave preliminary plan approval one Council member wanted no more than 32' for the width, others would be happy with 36' width. All the residents, except one, suggested they wanted a 44' back-to-back. As part of that, we now have a $9,400 r-o-w claim. DeLapp could not see any circumstances under which he would support the County to build this size of road, let alone, force the residents to pay for any portion of it. City Engineer Bohrer suggested looking into the possibility of the City using Municipal State Aid funds to pay for Its share of some of these items that would have been eligible for state aid. If the Council desires to use MSA funds, they would have to pass a resolution requesting the use of MSA funds for an off system (off the municipal state aid system) expenditure. Mr. Theisen would check into this and find out what it would take for municipal state aid. Attorney Filla pointed out the City can assess benefits received on a state aid project even if you are fully reimbursed by state aid money. Mayor John brought up a resident's concern on the junction of Stillwater Blvd. and Inwood there is a telephone pole at the corner which interferes with site distances and causes vehicles to veer to the center of the road when they want to turn right because they cannot see. Mr. Theisen expected the pole will be relocated. Work will start in late May, and the County will be putting out a newsletter updating the residents and Council on the reconstruction project. M/S/P Hunt/Conlin - to adopt Resolution No. 96-5 approving plans for Project No. SAP 82-613-04 County State Aid Highway No. 13. (Motion passed 3-1:DeLapp). M/S/P Hunt/John - to approve the Washington County Cooperative Agreement with the City of Lake Elmo for design, construction, and maintenance of County State Aid Hwy 13 (Inwood Avenue) between CSAH 10 (10th Street) and CSAH 6 (Stillwater Blvd) as amended. (Motion passed 4-0). M/S/P Hunt/John - to reconsider the previous motion. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1996 M/S/P Hunt/John - to amend the motion to include the following: Cost participation: change to "the city's cost will not exceed r-o-w $9,400'; M. Indemnification - be modified per the City attorney's Instruction after discussion with the County Attorney indicating that it would be a cross Indemnification of the parties based upon negligence as opposed to its current reading and add a condition that the County will ask for City concurrence before the contract is awarded providing the cost is higher than what has been estimated. (Motion passed 4-0). M/S/P HunUDeLapp - that the City approve an appropriate resolution requesting the use of MSA funds as an off system expenditure on CSAH 13. (This motion does not require the City to use this money, but gives the City the option to evaluate that option). (Motion passed 4-0). B. Financial support of St. Croix Valley Sports Facility The City received a letter from Mike Polehna, St.Croix Valley Sports Commission, requesting funding for the St. Croix Valley Sports Complex in Stillwater. Their goal is for communities to contribute $25.00 per capita over 10 years. It was determined that 77% of Lake Elmo residents reside in School District #834. As per their funding plan, which is based on population, the Commission is asking the City to contribute $116,600 or $11,660 per year over 10 years. The Council had the following discussion. Councilor Conlin felt the economic benefit for City of Stillwater should be considered. Councilman Hunt explained there are two other school districts, 622 and 832, in Lake Elmo that have residents pursuing programs for arenas and recreational facilities. If we contribute to one, we should contribute to all three. He would not like to approve this without public support by a referendum. Councilman DeLapp requested the Parks Commission's endorsement. Mayor John supported the project in principle, but was concerned there is no vocal resident support. Also, we have a proposal for an open air ice rink in Sunfish Park which will be considered as part of the Parks Capital Improvement Plan. The Council discussed the possibility of a referendum or a telephone survey in order to assess resident's opinions. Administrator Kueffner reported that Oak Parks Heights conditionally supported this request, and she will request a copy of their reservations. M/S/P Hunt/Conlin - that the Parks Commission be directed to discuss the proposal for financial compensation to the St. Croix Sports Facility since the money would come off its budget and ask that they make a recommendation to the City Council. (Motion passed 4-0). C. Letter from J.D. Rogers Group, Inc. The City received a letter from Joe Rogers informing the City that 17 acres located north of Chicago Northwestern Railroad and South of Hwy 5 is for sale for $200,000. 5. UNFINISHED BUSINESS: A. Assessment Policy (Request for postponement) M/S/P HunUDeLapp - to table the assessment policy until the next City Council meeting. (Motion passed 4-0). B. Report from Ag Committee on permitted uses in Ag zoning district Councilman Hunt reported the Ag Committee met and made a motion asking the City Administrator to put together an analysis of a set of conditions by which the City would accept storage as an allowed use and then present it to the Council at the April 16th meeting. At that point, the Council can determine if the City should pursue storage as an allowed use. LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1996 4 C. Agreement with Olson Lake Estates Outlet Project Attorney Filla provided a draft of a temporary use agreement and agreement to convey easement between City of Lake Elmo, Carl Bolander & Sons, Inc, and the Valley Branch Watershed District to facilitate construction of the Olson Lake Estates Pond Outlet Project. Larry Bohrer reported that Mike Bouthilet, Parks Supervisor, was in concurrence with the agreement of the restoration plan. Jenneifer Dietz, Attorney for the VBWD, indicated under Paragraph I, they needed a cap on the costs and would like to proceed with the plan. Randy Peterson, Barr Engineering, will be the contact person for citizen's concerns. ' Councilman Hunt made it clear that where the maps show future pipeline and some miniature ponds, the City did not approve of this in any form and feels the outlet for Olson Lakes Estates Pond is the priority use of this pipe. Councilman DeLapp presented pictures of what would be OL-17 showing a large volume of water at an undeveloped state. M/S/P DeLapp/Hunt - that the City would approve the Temporary Use Agreement and Agreement to Convey Easement between the City of Lake Elmo, Carl Bolander & Sons, Inc., and the Valley Branch Watershed District in substantially this form with modification to Paragraph I with the insertions prepared by the engineer from Barr Engineering and Paragraph C3. & G and incorporate the Pebble Park Tree Inventory into the agreement. (Motion passed 4-0). 6. PLANNING/LAND USE & ZONING: A. Request by Green Acres Recreation (Gaylen Springborn) Gaylen Springborn, Green Acres Recreation, is requesting an addition of a golf driving range and miniature golf course to their existing Conditional Use Permit. The Council asked for more details, such as, the size and where will it be located and informed Mr. Springborn this would require a formal application for an amendment to the CUP. Council person Conlin stated the City already has a golf driving range so she didn't have a problem with that proposal, but the miniature golf course doesn't fit with the rural environment. Councilman DeLapp asked what is the intent of Ag--at a certain point we could have a farm that is 100 percent recreation with no farm any more. B. Case No. ZAM/96-1 Berschen Property Rezoning; Ordinance No. 8131 amending the Zoning District Map from Rural Residential to Public Facility Mayor John stated he would prefer that a total Council were present to be accountable for this decision. This is an important community issue, and we need to avoid any late controversy about a member not being present for this vote to allow the rezoning of the Berschen property. Lake Elmo resident, Jim Blackford, approved the Council's decision for postponement because he felt there are other options we can pursue and the Lake Jane residents look forward to a continuing dialogue with the Council to determine a better site. Mr. Blackford said they have other sites they would like to present and feel that these are reasonable alternatives to the site you have selected. Mayor John voiced his concern as Mayor is the health, safety and welfare of the citizens of Lake Elmo. For the council to consider another site, it would have to demonstrate extremely great advantages over the one we have selected because even considering another site would move us from our time table. This would prevent us from designing and building a usable maintenance facility before winter. The Council allowed Mr. Blackford to present their findings to them at the April 2 meeting. Councilor Conlin felt in the interim we should at least examine some of the other possibilities whatever they are because the Planning Commission was not exactly in favor of the Council's position when they voted at their last two meetings. Councilman DeLapp provided a memo explaining his reasons for supporting the rezoning of the 45th Street site. LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1996 6 M/S/P Hunt/Del-app - to table the rezoning until the April 16, 1996 City Council when there will be a full Council. (Motion passed 4-0). C. Case No. CPA 96-8 Comprehensive Plan Amendment; Resolution No. 96-8 amending the Future Land Use Map of the 1990 Lake Elmo Comprehensive Plan M/S/P John/Del-app - to table the Comprehensive Plan Amendment until the April 16, 1996 City Council meeting when there will be a full City Council. (Motion passed 4-0). D. Use determination for wood working business proposal in LB The City has received a completed application for a woodworking business and subsequent office and showroom facilities on the property located at 8603 N. 34th Street. The project will consist of a 3,725 sq.ft. woodworking shop which assembles kitchen cabinets. The use will consist of a 620 sq.ft office space and a small 722 sq.ft. showroom for the woodworking business, Another 1,665 sq.ft. of office space will be leased. A letter was submitted by Walter Pechan indicating Countryside Wood Products makes kitchen cabinets, bath vanities and countertops for new homes and remodeling throughout the metropolitan area. They have four employees in the shop and subcontract installation to another person. The site is presently located in the (RR) Rural Residential Zoning District. The future land use for this area is Limited Business. A zoning map amendment will need to be completed as part of the project proposal. The Limited Business Ordinance, Section 301.070 DA4C. Conditional Uses, lists a number of uses which may be applied to this proposal. This includes business service uses, retail sale of commodities marketed to the local area or other uses similar to those permitted by the section as determined by the City Council. Since woodworking business is not specifically stated as a conditional use, the staff felt it appropriate to formally request that the City Council make this determination as stated in the ordinance. M/S/F Conlin/John - to recognize that a woodworking shop is consistent with the Limited Business Ordinance as described in Section 301.070D.14C as a conditional use based on the findings of the City Planner. (Motion failed 2-2:DeLapp:he does not consider manufacturing and wholesaling as the same as office use, Hunt) Councilman DeLapp felt that the two most common requests are for assembly type or light industrial. He considers this request for assembly and warehousing which is permitted under the manufacturing ordinance which Is out of context In the LB Zoning District. Our ordinance requires 3.5 acres, and we should not accept the 2.1 acres as three acres. Councilman Hunt was reluctant to declare assembly as an allowed use in the general Limited Business area. He would support a process, recognizing there are different conditions along Hwy 5 versus 1-94 where a Limited Business 2 category could work, and would propose a revision to the LB for such a low impact use without need for sewer, special access conditions that exist, that would fit along State Hwy 5. M/S/P Hunt/John - to request Councilman Hunt submit his comments to protect the City to allow a use such as this to the Planner by Thursday for a Limited Business 2 category for property located South of Hwy 5 and the railroad tracks be modified to allow such a use. (Motion passed 3-1:Conlin) E. Request by Rehbein Excay. for grading/excav permit Rehbein Excavating contacted the City about the 56 acre parcel of property along Highway 5, south of the Old Village, as part of the discussion for the open space development. Rehbein is interested in excavating the pond area as shown on the concept plan and is interested in using the gravel for the cap on the Landfill project this summer and wish to bid on the project. Larry Bohrer, Randy Peterson, Valley LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1996 6 Branch Watershed, representatives from Rehbein and Jack Buxell met with the City Planner on March ( 12th. It was determined that developing a pond on that site would not impact the existing drainage and would be able to accommodate future development on the site without specifically identifying the specifics on the type of residential development which would occur on the site. The City deleted mining as a conditional use in the Agricultural Zoning District on November 18, 1986, but still has the mining section in the City Code. In that section, it outlines operations which are not considered mining. These include moving of dirt for landscaping, conservation purposes, and the construction of surface water drainage. The pond will be a landscaping element to the development and will be conserved as open space and be used for surface water drainage. The City does not have a grading ordinance to deal with development projects. M/S/P John/Hunt - to direct the staff to amend the mining definition, or wherever the staff feels is appropriate, to include landscaping and grading for excavation of areas to create ponds and wetlands if done consistent with the criteria for the purpose of promoting development of ponds and wetlands. (Motion passed 3-1:Conlin:we have ongoing legal Issues that we are dealing with mining and this would be opening the City up to legal problems.) F. Review of non -conforming use, Len Hanson, 10324 Hudson Blvd. As directed by the City Council, the staff has reviewed the present non -conforming use at 10324 Hudson Blvd. Presently, three of the units In the structure are being rented. There are four separate units in this structure which makes the use non -conforming in the Ag zoning district In review of City records, the staff could not locate that the Hanson's were given approval for this type of use. No building permits were issued for the construction of these dwelling units. City Planner Terwedo met with Mr. Hanson on Monday, February 26, 1996 to discuss the situation and recommended that the three units be vacated within six months. This will give Mr. Hanson's tenants time to find alternative housing. At the March 4th council meeting, Mr. Hanson was not able to attend. Therefore, for his benefit, the Council postponed consideration of this agenda item until the March 19th meeting when the Council intends to take action and requests that Mr. Hanson attend. M/S/P Hunt/DeLapp - that the staff be directed to send a letter to Len Hanson, 10324 Hudson Blvd., indicating that his tenants have six months to vacate the premises and that the operation of rental of these units shall cease. (Motion passed 4-0). G. Ordinance No. 8132 Wind Generator Ordinance The Council reviewed the Draft Wind Generator Ordinance and suggested changes, such as, require annual review of permit, should go with the applicant and not the land, state a minimum distance between generators, which were presented to the City Planner to incorporate within the ordinance. M/S/P ConliNDeLapp - to direct the City Planner to incorporate the amendments as submitted to the Wind Generator Ordinance. (Motion passed 4-0). H. Request for extension for filing final plat:Meehan Torre Pines was given preliminary plat approval in July, 1995 and final plat approval for all but three lots in September of 1995. The City was informed at that time that Mr. Meehan would continue to live in the existing home on 10 acres and that the final plat of these four lots would not be done at this time. LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 1996 Our code requires that final plat approval be given within 180 days of preliminary plat approval, unless the ( applicant/developer requests an extension of time. The 180 days is almost up, and the Meehan's have asked for an extension of the final plat of the last four lots in their letter dated March 10, 1996. The staff recommended a minimum of six month extension, preferably one year, to the Meehans for final plat of the final four lots of Torre Pines. M/S/P DeLapp/Hunt - to grant the Meehans a one-year extension of the final plat of Torre Pines, specifically the parcel now shown as lot 15. (Motion passed 4-0). I. Update on Open Space and Development The Council felt they were close enough in establishing an Open Space and Development Ordinance and decided they would host a public open house on Wednesday, April 3, 1996, 7 p.m., at City Hall to discuss new land use goals, City policies, and development regulations. 7. PARKS/MAINTENANCE DEPARTMENT/MAINTENANCE ADVISORY: 8. CITY ENGINEER'S REPORT: A. Lake Elmo/Oakdale Joint Agreement for Water and Sewer in Section 33 The City received a draft of an agreement for water service between the City of Oakdale and City of Lake Elmo to provide sanitary sewer and water service to Lake Elmo's MUSA area in the SE 1/4 of Section 33. The water agreement will provide for the purchase of water from Oakdale similar to the previous SW-1 project The sewer agreement will provide for the construction of a forcemain and shared gravity outfall sewer in the North Frontage Road by Oakdale. The Council discussed the joint agreements for the water and sewer and City Engineer Bohrer and Attorney Filla added changes. Mr. Bohrer will approach the Oakdale staff before the agreement comes back to the Lake Elmo City Council. B. Feasibility of Road Utility The Council postponed this item until they can review the assessment policy. 9. CITY ATTORNEY'S REPORT: A. Agreement for Olson lake Estates Outlet Project (Discussed B. Susan Sampson Lawsuit Attorney Filla reported the lawsuit is scheduled to be tried April 11, 1996, and he received a proposal from Susan Sampson's attorney listing three options. The consensus of the Council was to pursue Option 3 where Ms. Sampson would remove the building by September 30, 1996, and if not removed, the City could do it, and she would enter into some form of an agreement that would allow the City to assess the cost against her property. 10. CITY COUNCIL REPORTS: Gloria Knoblauch, Heritage Preservation member, asked if the Mayor would speak at the Lake Elmo/Oakdale Historical Society exhibit on Sunday, March 31, 1996. Mayor John will be out of town, therefore, Acting Mayor Conlin will attend in his place. 11. CITY ADMINISTRATOR'S REPORT: A. League Conference in Rochester Mayor John, Councilors Conlin and DeLapp, and Administrator Kueffner indicated their desire to attend the 1996 League of Minnesota Cities Conference is held in Rochester from June 11 to June 14, 1996. M/S/P Conlin/Hunt - to adjourn the council meeting at 12:30. (Motion passed 4-0).