HomeMy WebLinkAbout01-21-97 CCMSince 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 is additional time is needed before a decision
can be made.
Lake Elmo City Council Agenda
January 21,1997
7:00 p.m.
Meeting Convenes
Pledge of Allegiance
1. Approval of Agenda"
1
2. Approval of Minutes
3. Approval of Claims
7:15 p.m.
4. Public Informational
A. Jaycee Week Proclamation
B. Tanya Schuh Hometown Day in Lake Elmo Proclamation
C Request for Donation from James Walsh for "Welcome to Lake Elmo" sign
on Keats Avenue north of I-94.
D. Ginny Holder, Lake Elmo Cable Representative
E. Highway 5 Snowmobile Fences
F. Other
5. Consent Agenda
7:40
6. City Engineer's Report
A. Ordinance 82- amending Section 700 of Lake Elmo Municipal Code
B. Other
7:50
7. Parks/Maintenance/Fire/Building
A. Year-end update: Jim McNamara, Building Official
B. Update on ICBO Evaluation Services Committee Action (Jim McNamara)
8:00 p.m.
8. Planning, Land Use and Zoning
A. Clarification on Lakewood Evangelical Free Church Proposal
8:15 p.m.
B. Public Hearing: Variance to Lot Size and Width: Applicant: Eric and Kari
Walstrom, 11415 30th Street N.
8:25 p.m.
C. Public Hearing: Variance to Front -Yard Setback: Applicant: Marc Cunningham,
605 Julep Court N.
8:35 p.m.
D. Ordinance 82- receiving recommendation and declaring moratorium -
on Communication Towers
8:45 p.m.
E. Planning Update
F. Other
9. City Attorney's Report (Postpone until end of meeting and call Executive Session
to discuss RLK litigation.)
(OVER)
Lake Elmo City Council Agenaa
January 21, 1997
Page 2
9:00 P.M. 10. City Council Reports
A.
Mayor John
B.
Council Member Conlin
C.
Council Member DeLapp
D.
Council Member Dunn
E.
Council Member Hunt
9:20 p.m. 11. Administration
A.
Sandcreek Agreement Renewal
B.
Schedule Board of Review
C.
League of Minnesota Cities 1997 City Policies
D.
Set workshop with City Attorney to discuss civil and prosecution procedures
E.
Other
12. Other
9:40 p.m. 13. Adjourn Regular Session
t4. Convene Executive Session to discuss RLK Litigation
15. Adjourn Executive Session
LAKE ELMO CITY COUNCiL MINUTES JANUARY 21, 1997
MINUTES APPROVED; FEBRUARY 4, 1997
LAKE ELMO CITY COUNCIL MINUTES
JANUARY 21, 1997
1. AGENDA
2. MINUTES: January 7, 1997
3. CLAIMS
4. PUBLIC INFORMATIONAL:
A. Jaycee Week Proclamation
B. Tanya Schuh Hometown Day in Lake Elmo Proclamation
C. Request for Donation from James Walsh for "Welcome to Lake Elmo" sign on Keats
Avenue north of 1-94
D. Ginny Holder, Lake Elmo Cable Representative
E. Highway 5 Snowmobile Fences
F. Fire Pumper Truck
G. ISD #834 School Boundaries
5. CONSENT AGENDA:
6. CITY ENGINEER'S REPORT:
A. Ordinance No. 8151 amending Section 700 of the Lake Elmo Municipal Code
7. PARKS/MAINTENANCE/FIRE/BUILDING:
A. Year-end Update: Jim McNamara, Building Official
B. Update on ICBO Evaluation Services Committee Action (Jim McNamara)
8. PLANNING. LAND USE AND ZONING:
A. Clarification on Lakewood Evangelical Free Church Proposal
B. PUBLIC HEARING: Variance to Lot Size and Width:: Applicant: Eric and Karl Wahlstrom,
11415 30th Street N.
C. PUBLIC HEARING: Variance to Front Yard Setback: Applicant: Marc Cunningham, 605
Julep Court N.
D. Ordinance No. 8152 receiving recommendation and declaring moratorium on
communication Towers
E. Planning Update
9. CITY ATTORNEY'S REPORT: (Postpone until end of meeting and call Executive Session to
discuss RLK litigation)
10. CITY COUNCIL REPORTS:
11. CITY ADMINISTRATOR'S REPORT:
A. Sandcreek Agreement Renewal
B. Schedule Board of Review
C. League of Minnesota Cities 1997 City Policies
D. Set workshop with City Attorney to discuss civil and prosecution procedures
12. ADJOURN Regular Session
13. CONVENE Executive Session to discuss RLK litigation
14. ADJOURN Executive Session
LAKE ELMO CITY COUNL MINUTES JANUARY 21, 1997 ( 2
Mayor John called the Council meeting to order at 7:00 p.m. in the Council chambers.
PRESENT: Dunn, John, Conlin, DeLapp, City Attorney Fills, City Planner Terwedo and
Administrator Kueffner. ABSENT: Council member Hunt and City Engineer Prow
1. AGENDA
M/S/P Conlin/Dunn - to approve the January 21, 1997 City Council agenda as amended. (Motion
passed 4-0).
2. MINUTES: January 7, 1997
M/S/P Conlin/DeLapp - to approve the January 7, 1997 City Council minutes as amended.
(Motion passed 4-0).
3. CLAIMS: There was no claims list submitted
4. PUBLIC INFORMATIONAL:
A. Jaycee Week Proclamation
MAYOR JOHN PROCLAIMED THE WEEK OF JANUARY 19TH TO 25TH, 1997, AS JAYCEE
WEEK AND URGED ALL CITIZENS OF OUR COMMUNITY TO GIVE FULL REGARD TO THE
PAST AND CONTINUING SERVICE OF THE JAYCEES
B. Tanya Schuh Hometown Day in Lake Elmo Proclamation
The University of Minnesota Women's Intercollegiate Athletic Department and WCCO Radio 830
Hometown Day salute student -athlete Tanya Schuh and the hometown of Lake Elmo on January
24 at the University Aquatic Center on the U of M campus.
MAYOR JOHN DECLARED THE DATE OF JANUARY 24, 1997 AS OFFICIAL TANYA SCHUH
HOMETOWN DAY IN THE CITY OF LAKE ELMO.
C. Request for donation from James Walsh for "Welcome to Lake Elmo" sign on Keats
Avenue north of I-94
James Walsh, Boy Scout Troop 224, received permission from the Council last year to install a
"Welcome to Lake Elmo" sign on Keats Avenue north of 1-94. The Lake Elmo Lions Club has
donated $200 towards this sign and Mr. Walsh is requesting that the City donate $200.
M/S/P Conlin/Dunn - to approve the request from James Walsh for funds ($200) to match those
donated by the Lake Elmo Lions Club for the construction of a "Welcome to Lake Elmo" sign on
Keats Avenue North of 1-94. (Motion passed 4-0).
D. Ginny Holder, Lake Elmo Cable Representative
Ginny Holder, Lake Elmo's Representative, presented a proposal to produce a regular monthly
program. The purpose of the program would be to use cable TV as a means of disseminating
information of community interest to residents at no charge to the City. All aspects of the
proposed monthly production are open for discussion and final determination. Ms. Holder will be
submitting a project outline, including any costs.
M/S/P Conlin/DeLapp - to direct the staff to work with Ginny Holder, Lake Elmo's Cable
Representative, to put together a cable program which the City would benefit from Government
Access Television. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1997 3
E. Highway 5 Snowmobile Fences
At the January 7th Council meeting this item was tabled in order for the City Administrator to put
together information to formally submit a permit to MN/DOT for the orange fencing installed by
Washington County to control snowmobiles. The City Attorney and the League (insurance) have
looked at the permit and have concern about liability issues. There is no record at City Hall of the
City designating the trail as a "City Snowmobile Trail", but someone received permission to do
this posting. If the trail is specifically designated as a "City Trail", there is some indemnification to
the City for damages if someone should hit the fence. There appears to be an agreement
between the North Star Snowmobile Club and the State of Minnesota or Washington County.
Administrator Kueff nor will continue to investigate and report back at a future meeting.
F. Replacement Pumper for Fire Department
Mayor John, as liaison to the Fire Department met with the Fire Dept. on Saturday, spoke on
behalf of the Fire Department asked the Council to consider purchasing a new pumper truck to
replace an existing pumper (28 years old). Mayor John gave reasons for replacement and usage
figures were given. The old truck is obsolete and suffering from internal body rot. Chief Sachs
estimates the value of the pumper between $5,000-$10,000 and has been on the CIP for a
number of years. A 1997 demonstration model, which could be built to Lake Elmo's
specif!cations, could be available in eight months. The new pumper is expected to cost between
$200,000 and $250,000. In response to Council member Conlin's question, if a demo model
would come with unnecessary costly features, John said a demo pumper would have only the
features Lake Elmo requests. The Council has been Invited to the Fire Hall to review the old
pumper,
M/S/P DeLapp/Conlin - that the City Administrator work with the Fire Dept, to prepare a Request
for Proposal for a new pumper truck. (Motion passed 4-0).
G. Boundary changes for ISD #834
Councilman DeLapp pointed out the proposed changes of the boundary lines for the Lake Elmo
Elementary School. Most of the people in Lake Elmo North of Highway 5 will be transferred from
Lake Elmo Elementary School to a new school in Stillwater along Highway 12 and Manning
Avenue. DeLapp felt that dividing children from one community among this many schools is
unnecessary and felt Lake Elmo could be getting a better deal than it presently receives from
District #834. You only need 6,000 people to supply a school which is what we have in Lake
Elmo. Mayor John thought if Woodbury has too many students, this is a Woodbury problem and
not a Lake Elmo problem. He did not want to ship other children from other communities into our
school when we're shipping our children to other locations. Council member Conlin asked how
does this add to the learners of Lake Elmo and suggest the school board come back with some
adequate answers.
M/S/P DeLapp/John - to direct the staff to send the Council's comments and concerns which
were incorporated by Mayor John and given to the City Administrator to be sent in a letter to the
Boundary Committee formed by the ISD #834 Board of Education. (Motion passed 3-1:Conlin:this
is the first she has heard about the issue and is not well informed as she would like to be and not
sure the City isn't overstepping the Boundary Committee).
5. CONSENT AGENDA: None
(
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1997 4
6.
A. Ordinance No. 8151 amending Section 700 of Lake Elmo Municipal Code
Attorney Fills reported the modifications to the septic system regulations are necessary for the
Open Space Developments as they are being reviewed and one section on septic maintenance
was inadvertently left out.
M/S/P DeLapp/Conlin - to adopt Ordinance No. 8151, An Ordinance Relating to Individual and
Community Sewer Systems . (Motion passed 4-0).
7. PARKS/MAINTENANCE/FIRE/BUILDING:
A. Year-end update: Jim McNamara, Building Official
Jim McNamara, Building Official, provided a year-end (1996) report of building permit usage.
B. Update on ICBO Evaluation Services Committee Action (Jim McNamara)
Jim McNamara gave a brief update on the ICBO Evaluation Services Committee meeting he
recently attended in Los Angeles, California.
8. PLANNING LAND USE AND ZONING:
A. Clarification on Lakewood Evangelical Free Church Proposal
On December 17, 1996 the Council denied a proposal to amend the Comprehensive Plan for
Lakewood Evangelical Church for a 108 acre parcel of land on the SE corner of Highway 36 and
Keats Avenue. This amendment would change the Future Land Use Map from (OP) Open
Space Development Area to (P) Public. The reason for denial was the proposal was inconsistent
with the purpose and intent of the open space development ordinance. The Church then
withdrew their application for rezoning.
The Council received a letter from John Bannigan, representing Lakewood Church, requesting
that the City consider a new proposal. Planner Terwedo reported the Church is proposing to
change the Comprehensive Plan for 29 acres instead of the entire 108 acre parcel. Another 29
acres along the Highway 36 corridor would be placed in a conservation easement to a qualified
land trust and the remaining 50 acres would remain as an open space development area.
Councilor Conlin stated in 1996 the City has worked hard on developing the Open Space District
which is on a leading edge of preserving open space. She felt there were good standards set
and these development plans were not consistent with the vision of the Open Space District for
the community and was not willing to deviate from those standards in the Comprehensive Plan.
Mayor John and the remainder of the Council endorsed Councilor Conlin's comments. Council
members Conlin and Delapp voiced the concern if the property were rezoned from its current Ag
use to the required public facilities designation, a second comprehensive plan amendment would
be needed were the property ever resold to a buyer with a non-public use in mind. Planner
Terwedo stated public facilities use was simply not put in the open space district regulations,
cluster housing and open space was.
The Council's difficulty in this decision was defined by its classification of churches as public
facilities. According to Attorney Fills, unlike a housing development which could be built on the
site under its current zoning designation, churches are lumped together with other public
structures like maintenance facilities and prisons. Unless the Council makes special
arrangements for this project, such a comprehensive plan amendment or rewrote an entire
section of the City's zoning code, Fills said it would be legally unable to approve Lakewood's
requests. Cities cannot attach conditions they want to these requests.
i I
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1997
B. PUBLIC HEARING: CASE NO. W97-1 Variance to Lot Size and Width: Applicant: Eric and
Karl Wahlstrom, 11415 30th Street N. Property Owner: Robert Mordick. The Public Hearing
notice was published in the January 8, 1997 Stillwater Gazette and abutting property owners
were notified. This is a variance request to Section 301.070D. lot width requirement (40 feet
proposed, 300 feet required) and the minimum lot size requirement (Nominal) 10 acres required
In the RR Zoning and 5.6 acres are proposed.
Planner Terwedo reported this is a request to construct a home on a substandard lot due to its
size and width on a public street. The lot is a 5.6 acre parcel of record. This lot was subdivided
when the City had 5 acre zoning or the parcels adjacent to this parcel were subdivided when the
City had one-half acre zoning. As an example, the lots on Legion Avenue are an average of
20,000 sq.ft. There is a 1.3 acre parcel directly north of the property. It is assumed that this
parcel was subdivided from the large parcel and the 40 ft. strip was provided for access.
Mayor John opened up the public hearing at 9:10 p.m. in the Council chambers
The City received a letter from Karen Knowlan, 11443 30th St. N., whose property adjoins this
lot, indicating no objection to the variance in the lot width or the lot size.
Robert Mordick stated he sold the 1 acre parcel to the Knowlans in 1973 and requested a 40 ft.
strip easement to provide access.
Mayor John closed the public hearing at 9:12 p.m.
M/S/P DeLapp/Conlin - to approve Case No. V/97-1 request from Eric and Karl Wahlstrom,
11415 30th St. N., based on the findings stated in the City Planner's Report including the finding
that this is a pre-existing non -conforming lot which was approved by the City in 1973 and is
partially under water; including the two conditions of approval with the added condition (3)
Proposed drainfield conforms to all regulations of separation from wetlands. (Motion passed 4-
0).
C. PUBLIC HEARING: Variance to Front Yard Setback: Applicant: Marc Cunningham, 606
Julep Court N. The public hearing notice was published in the January 8, 1997 Stillwater Gazette
and the affected property owners were notified. This is a variance request to the front yard
setback requirement of 100 feet and 90.2 feet is proposed.
Planner Terwedo reported this is a request to build a single family dwelling 90 feet instead of 100
feet from a front lot line. As described by the application and inspection of the site, the lot slopes
to the north quite drastically. By placing the home at this location, the rear yard would not be
Impacted and the tree line preserved.
Mayor John opened the public hearing at 9:23 p.m. in the Council chambers.
Mr. and Mrs. Sorenson, adjacent property owners had no objection to the variance request.
Mayor John closed the public hearing at 9:25 p.m.
The Building Official asked Mr. Cunningham if he was going to be bringing in fill and if so will the
contours be changing from what is shown on the survey. Mr. Cunningham responded that he
was bringing in fill, but there would be no change in contours from what is shown in the survey
presented.
l
LAKE ELMO CITY COUNCiL MINUTES JANUARY 21, 1997 6
M/S/P Dunn/DeLapp - to approve Case No. W97-1 a variance request to front yard setback
requirement of 100 feet where 90.2 feet is proposed from Marc Cunningham, 605 Julep Court N.,
based on the Findings stated in the City Planner's report and the adjacent property owners had
no objection. (Motion passed 4-0).
D. Ordinance No. 8152, Receiving recommendation and declaring moratorium on
communication towers
City Planner Terwedo reported the Planning Commission held a public hearing regarding the
ordinance placing a moratorium on communication towers at their January 13, 1997 meeting.
Representatives from Sprint, Nexell, and APT were in attendance at this meeting. The
Commission recommended that the City adopt the ordinance relating to a Development
Moratorium on the placement, construction, and modification of wireless telecommunication
facilities with the additional language which would include a waiver.
Anna Marie Soldberg, SBA, stated Sprint Spectrum has been working with Lake Elmo for the
past year and felt the one year term of the moratorium is excessive and would be happy to help
submit any information.
M/S/P DeLapp/Dunn - to adopt Ordinance No. 8152, as amended, An Ordinance Relating to a
Development Moratorium on the Placement, Construction, and Modification of Wireless
Telecommunication Facilities and not accept the recommendation from the Planning Commission
to allow Waivers because it would open the City up to numerous applications to install towers on
property before the City has all the information needed to make a decision. (Motion passed 4-0).
E. Planning Update
Planner Terwedo provided a current update of applications being processed, applications
expected to be submitted and ordinance development.
9. CITY ATTORNEY'S REPORT: (Postpone until end of meeting and call Executive Session to
discuss RLK litigation.)
10. CITY COUNCIL REPORTS: None
11. CITY ADMINISTRATOR'S REPORT:
A. Sandcreek Agreement Renewal
Administrator Kueffner reported last year to comply with the Federal Regulations on Drug Testing
of Heavy Equipment Operators, Truck Drivers, etc, the City entered into an agreement with
Sandcreek. Sandcreek provides this drug testing through a pool, but also offered an Employee
Assistance Program for $750. The Council concluded that having an EAP was a benefit to the
City employees. There is no increase in cost for this service and consideration for this service
was included in the budget.
M/S/P DeLapp/Dunn - to approve renewal of the EAP contract with Sandcreek Group as
presented. (Motion passed 4-0).
B. Schedule Board of Review - Informational
The City received a notice from Scott Hovet, Washington County Assessor, setting April 10, 1997
for the Board of Review in Lake Elmo. The City Administrator emphasized that it is important
that as many of the Council possible should attend. A. quorum is a necessity and if the date is
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 1997 7
unsuitabe another should be chosen. The Council, except for DeLapp and Hunt who was not in
attendance, indicated the date was not acceptable.
C. League of Minnesota Cities 1997 City Polices
The Council received the League of Minnesota Cities' 1997 City Policies for Legislative and
Administrative Action. One particular issue the Council was interested in, (See Page 11-Growth
Management and Annexation) the League recommends to facilitate the annexation of urban land
to cities by amending state statutes regulating annexation to make it easier for cities to annex
developed or developing land within unincorporated areas.
M/S/P John/Conlin - to invite the State Senator and Representative to a workshop so we can
discuss issues with them that are of a concern to the City. (Motion passed 4-0).
D. Set Date for Workshop with City Attorney
Legal costs of the City were brought up at the January 7th organizational meeting. Attorney Filla
would like to set up a workshop with the Council to go over the procedures for both civil and
criminal prosecutions and to discuss options to possibly reduce costs.
Administrator Kueffner will set up a date for a workshop depending upon the State Senator,
Representative and Attorney Filla's schedule.
The Council adjourned the regular session at 10:15 and convened the Executive Session to
discuss the RLK litigation.
-----------------------
Respectfully submitted by Sharon Lumby, Deputy City Clerk
Ordinance No. 8151 Amending Section 700 relating to Individual and Community Sewer,Systems
Ordinance No. 8152 Development Moratorium on the Placement, Construction, and Modification
of Wireless Telecommunication Facilities