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HomeMy WebLinkAbout04-02-96 CCMMINUTES APPROVED: 4-16-96 LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 1996 1. AGENDA 2. MINUTES: MARCH 19, 1996 3. CLAIMS 4. PUBLIC INFORMATIONAL/INQUIRIES: A. Maintenance Facility Site Proposal:Jim Blackford & Concerned Citizens B. E&H Earth Movers Inc., Request to move a temporary office trailer onto 11980 10th St. N. C. Request by Bob White D. Request by churches for "sport free" Sunday mornings E. Clean -Up Days F. Reminder of Open House on Open Space Cluster Development 5. UNFINISHED BUSINESS: A. Assessment Policy 6. PLANNING/LAND USE & ZONING: A. Ordinance 8131 Wind Generator Ordinance B. Grading and Excavating Permits C. Amendment Limited Business Ordinance 7. PARKS/MAINTENANCE DEPARTMENT/MAINTENANCE ADVISORY: 8. CITY ENGINEER'S REPORT: A. Lake Elmo/Oakdale Joint Agreement for Water and Sewer in Section 33 (Continuation) B. Update on MSA Funds for County Road 13 9. CITY ATTORNEY'S REPORT: A. Sampson Lawsuit B. Pebble Park Agreement 10. CITY COUNCIL REPORTS: 11. CITY ADMINISTRATOR'S REPORT: Acting Mayor Conlin opened up the council meeting at 7:00 p.m. in the City Council chambers. PRESENT: Hunt, Conlin, Johnston, DeLapp, City Engineer Bohrer, City Attorney Filla, City Planner Terwedo and Administrator Kueffner. ABSENT: Mayor John 1. AGENDA ADD: 4E. Clean Up Days, 4F. Reminder of Open House, 5A. Assessment Policy, 8B. MSA Funds for County Road 13, 9A. Sampson Lawsuit, 98. Pebble Park Agreement WS/P DeLapp/Johnston - to approve the April 2, 1996 City Council agenda as amended. (Motion passed 4-0). 2. MINUTES: March 19, 1996 M/S/P Hunt/DeLapp - to approve the March 19, 1996 City Council minutes as amended. (Motion passed 3-0-1:Abstain:Johnston) LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 1996 3. CLAIMS M/S/P DeLapp/Hunt - to approve the April 2,1996 Claims #4596 through #4645 as presented. (Motion passed 4-0). 4. PUBLIC INFORMATIONAUINQUIRIES: Greg Malmquist asked what is the status of his child care operation on Hwy 5 and requested a letter clearly stating issues that the City has with them so they can address these issues. In August he spoke with the City Administrator about expanding their business . The City Administrator directed him to Len Hanson's property. He finds it coincidental that other properties that were discussed is now involved in a feud with the City. Attorney Filla Indicated that it is his understanding that the Malmquists own a building which had been converted from a single family to a double -family use, but it is unclear exactly when this change occurred. It appears that this modification happened before the property was located within the City and before the City adopted its first zoning regulations. Therefore, I the use of the property as a two family dwelling was legal before the City adopted its zoning regulations, the use of the property for that purpose became a legal, non -conforming use when the City adopted those zoning regulations. The current use of the Malmquist property for two State licensed daycare facilities started after the City adopted its zoning regulations. One of the State licensed daycare facilities is in violation of the City's regulations which are in compliance with the State's legislation. Len Hanson's four-piex is located on property zoned agricultural. The current use of this property for a four-plex is illegal, and the property owner has been notified to terminate the use. Attorney Filla will write a letter to the City by Friday, April 5th, regarding issues with the daycare facilities. A. Maintenance Facility Site Proposal:Jim Blackford & Concerned Citizens Jim Blackford and the Concerned Lake Elmo Citizens have located an alternate facility site (the Joe Rogers site, 17 acres located North of Chicago Northwestern Railroad and South of Hwy 5) which they feel meets all key site requirements. The Rogers site is currently zoned "Limited Business" and is available for purchase from Joe Rogers for $200,000. Jim Blackford asked that the City consider the Joe Rogers' property as suitable for a maintenance facility for reasons stated in memo dated April 2, 1996. The Council received a letter from Bob Helwig stating his reasons for objecting to the Rogers' site for the proposed maintenance building. The Council voiced its concern on the poor site lines, cost of the property (7.5 acres usable), drainage problems, and access onto Highway 5. M/S/P Conlin/Johnston - to postpone the request by the Concerned Lake Elmo Citizens and that the City Council will consider the proposal for alternate site at the April 16, 1996 Council meeting. (Motion passed 4-0). B. E&H Earth Movers Inc., Request to move a temporary office trailer onto 11980 10th St. N. Terry Emerson, E&H Earth Movers Inc., is requesting permission to move a temporary office trailer (56' long by 12' wide) onto their present business site at 11980 10th St. N. The existing trailer they are now using has very little room for any storage of files, plans, surveying and laser equipment. They need to obtain the additional temporary office space at the present location until they can explore other potential sites to construct new office facilities within the next two to three years. E&H Earth Movers, Inc. does not own the property at 11980 10th St. N., but is leasing it from Paul and Ann Emerson. It is their desire to develop the property as a high -end single family residential project. C, 'LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 1996 Attorney Filla explained the code allows three options for manufactured homes and not one of the three options are applicable to this request. Also, the code states you cannot put a manufactured home on the parcel that has a dwelling that is occupied, which this property does. Mr. Emerson is asking to expand a legal non -conforming use. C. Request by Bob White Robert S. White submitted a letter to the City requesting he be permitted to proceed with his concept plan for a f 5-lot development on land located at Keats Avenue and Highway 36. Mr. White requested the City consider this plan as a pilot project to be approved for development while the final clustering ordinance is - - being completed. Planner Terwedo explained the City has a development moratorium, and we do not have adopted regulations to evaluate this project. The development moratorium is for six months or until June 1, 1996. As of this date, the Draft Open Space Ordinance does not address minimum lot sizes, septic issue or density bonus. The Council explained to Mr. White that it cannot do a pilot project unless the City amends the moratorium.. The moratorium is part of the city's zoning regulations. If the Council were to amend the moratorium, they would have to follow the process of calling a public hearing for the Planing Commission to change the terms of the moratorium ordinance which would take until the middle of May. M/S/P Hunt/Conlin - to direct the Planning Commission to review the issues of minimum lot sizes, septic issues and density bonus and the comments made at the Open House on April 3rd and to put together a report for the Council for the next meeting and when they would feel comfortable in passing along the final draft of the Open Space Ordinance. (Motion passed 4-0). D. Request by churches for "sport free" Sunday mornings The City has received several letters from church leaders requesting the City refrain from allowing our ballfields to be used on Sunday mornings so that parents do not have to make the decision of church over sport activities. The Council suggested Churches should talk to athletic associations who would have more control over when the clubs set their practices and game times. The Church could look Into having alternate church services. It is the parents' job to set the expectations of the family and why should the City penalize non- Christians by forbidding use of our ballfields. M/S/P Hunt/Conlin - to direct the City Administrator to send a letter to the applicants explaining the City does not feel this is the role of the City. (Motion passed 4-0). E. Clean -Up Day Administrator Kueffner asked for ideas or suggestions from the Council on holding a City Clean -Up Day. The Council asked the City Administrator to contact Oakdale to see if Lake Elmo could go in with Oakdale's Clean Up Day and to contact waste haulers to see if they would be interested. F. Reminder of Open House on Open Space Cluster Development The Open House on developing standards for Open Space Cluster Development is scheduled for April 3, 1996, 7 p.m. at City Hall. 5. UNFINISHED BUSINESS A. Assessment Policy - postponed until the April 16, 1996 Council meeting. LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 1996 4 6. PLANNING/LAND USE & ZONING: A. Ordinance 8131 Wind Generator Ordinance City Planner Terwedo reported the staff has revised the Wind Generator Ordinance with review and modifications made by the City Attorney. M/S/P Johnston/Hunt - to adopt Ordinance 8131 Wind Generator Ordinance, as amended. (Motion passed 4-0). B. Grading and Excavating Permits City Planner Terwedo reported that at the last council meeting, the staff was directed to prepare an amendment to the mining definition to include landscaping and grading of areas to create ponds, wetlands, and other landscape amenities. This direction was in response to a request by Rehbein Excavating for creating a pond and other landscape features as part of a future residential development and the fact that Rehbein wishes to use the gravel from the site on the landfill project this summer. Attorney Filla raised a concern that the amount of material which could be moved resembled mining. The Council reviewed the Ordinance adding 502.05 Grading and Excavating Standards and Ordnance adding Section 901.020 C. relating to mining to the Lake Elmo Municipal Code. M/S/P Johnston/Hunt - to refer back to the staff for further discussion on quantity of earth material to be removed (cumulative amounts) and incorporate comments the from City Engineer Larry Bohrer. (Motion passed 4-0). C. Amendment to Limited Business Ordinance An application has been submitted to the City for a woodworking business at 8603 34th St. N. The City Council was presented a use determination for the woodworking business at its March 19, 1996 Council meeting. The Council had concerns because the City does not allow any type of manufacturing in the Limited Business District at this time. Council member Hunt stated that he would work with the staff to review the Limited Business Ordnance as it relates to Highway 5 and recommended changes to the ordinance for that specific area. City Planner Terwedo submitted a Draft amendment to the Limited Business Ordinance for Council review. A new use determination section had been included which stated "same general character" which focuses not necessarily on use, but the character of the area and how uses may or may not have an impact on adjacent properties. M/S/P Hunt/Conlin - to direct the staff to publish the appropriate public hearing notice for adoption of an Ordinance amending Section 301.070 D.14 C.8 "Light Manufacturing", and adding Section 301.070 D.14.C.9 "Use Determination" relating to uses permitted by Conditional Use Permit In the Limited Business (LB) Zoning District. (Motion passed 3-1:DeLapp). 7. PARKS/MAINTENANCE DEPARTMENT/MAINTENANCE ADVISORY: 8. CITY ENGINEER'S REPORT: A. Lake Elmo/Oakdale Joint Agreement for Water and Sewer in Section 33 (Continuation) At the March 19, 1996 Council meeting, the Council gave Larry Bohrer permission to meet with the Oakdale engineer to discuss the two main provisions of the agreements; the purchase of water from Oakdale, and the construction and/or shared use of certain sanitary sewer pipes in Oakdale. In Larry Bohrer's letter, dated March 29, 1996, Bohrer reports the result of his meeting with the Oakdale City Engineer. The goal is to have these agreements executed on or before May 28, which is the date LAKE ELMO CITY COUNCIL MINUTES APRIL 2, 1996 Oakdale will award a construction contract for their portion of the work. Lake Elmo will also be considering a construction contract on or about that date. WS/P HunUDeLapp - to direct the City Attorney to review the proposed Lake Elmo/Oakdale Joint Agreement for Water and Sewer in Section 33 and comment back to the City Engineer and when appropriate the Agreement be brought back to the Council. (Motion passed 4-0). B. Update on MSA Funds for County Road 13 Larry Bohrer reported that the County engineering staff met with the State Aid Division staff, Dept. of Transportation, where adjustments were made for the items that are eligible for State Aid. Approximately $16,000 of the $36,000 will be reimbursed from our State Aid account. The Council will have to determine If there is going to be an assessment for some property along County Road 13. 9. CITY ATTORNEY'S REPORT: A. Sampson Lawsuit:The property owner was not able to put up a performance bond or letter of credit and is willing to take the building down by September 1, 1996. Filla recommended the City enter into an agreement to remove the building by September 1st or when she sells the property, whichever occurs first. If she fails to do that, the City will take it down and have a lien on the property. B. Pebble Park Agreement:At the last Council meeting, the Council approved a Temporary Use Agreement and Agreement to Convey Easement between the City, Carl Bolander & Sons, Inc, and the VBWD to facilitate construction of the Olson Lake Estates Pond Outlet Project. The attorney for the VBWD informed him that the contractor, Bolander and Sons, who was a party to the agreement, had not been consulted by VBWD and did not want to be a party to the agreement. To eliminate the contractor is not a legal problem for the City because the responsibility of the contractor will be transferred to VBWD which the VBWD attorney has agreed to and would recommend to the VBWD. 10. CITY COUNCIL REPORTS: Acting Mayor Conlin attended the Oakdale/Lake Elmo Historical Society Exhibit, Changing Faces of the Land -Oakdale Township, and provided the City with a copy of the History of Oakdale Township, Volume 1, which is dedicated to Lake Elmo resident, Louise Friedrich. 11. CITY ADMINISTRATOR'S REPORT:None M/S/P DeLapp/Hunt - to adjourn the council meeting at 10:30 p.m. (Motion passed 4-0). --------------------------- Respectfully submitted by Sharon Lumby, Deputy City Clerk Ordinance 8131 Wind Generator "`INFORMATIONAL*" OPEN HOUSE ON OPEN SPACE (Clustering) in the City of Lake Elmo WEDNESDAY, APRIL 3, 1996 CITY HALL, 3800 LAVERNE AVENUE N. 7:00 - 9:00 P.M. **Implementation of Design Team Recommendations **City Goals and Objectives **Where these developments may be located **Specific Issues of Interest 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. LAKE ELMO CITY COUNCIL MEETING April 2, 1996 7:00 p.m. MEETING CONVENES Pledge of Allegiance I.AGENDA 2. MINUTES: March 19, 1996 3. CLAIMS 4. PUBLIC INFORMATIONAL/INQUIRIES: A. Maintenance Facility Site Proposal:Jim Blackford & Concerned Citizens B. E&H Earth Movers Inc., Request to move a temporary office trailer onto 11980 10th Street N. C. Request by Bob White D. Request by churches for "sport -free" Sunday mornings E. Other 5. UNFINISHED BUSINESS: 6. PLANNING/LAND USE & ZONING: . A. Ordinance 8131 Wind Generator Ordinance B. Grading and Excavating Permits C. Amendment Limited Business Ordinance D. Other 7. PARKS/MAINTENANCE DEPARTMENT/MAINTENANCE ADVISORY: 8. CITY ENGINEER'S REPORT: A. Lake Elmo/Oakdale Joint Agreement for Water and Sewer in Section 33 (Continuation) B. Other LAKE ELMO CITY COUNCIL AGENDA APRIL 2, 1996 2 9. CITY ATTORNEY'S REPORT: 1 A. Other 10. CITY COUNCIL REPORTS: A. Mayor John B. Council Member Conlin C. DeLapp D. Hunt E. Johnston 11. CITY ADMINISTRATOR'S REPORT: A. Other 12. ADJOURN