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HomeMy WebLinkAbout03-17-98 CCMMINUTES APPROVED: APRIL 7, 1998 LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1998 1. AGENDA 2. MINUTES: March 2, 1998 3. CLAIMS 4. PUBLIC INFORMATIONAL/INOUIRIES: A. South Washington Watershed District Solicitation of members for Citizens Advisory Committee 5. CONSENT AGENDA: 6. CITY ENGINEER'S REPORT: A. Preservation Projects — Washington County. Resolution approving plans for CSAH 15 Overlay 7. MAINTENANCE/PARKS/FIRE: A. Relief Association's request for City intervention 8. PLANNING, LAND USE, AND ZONING: A. Request to attend Planning Conference in Albuquerque B. Ordinance amending sign ordinance to include PF Zoning District C. Set date with Planning Commission to discuss OP regulations D. Appeal to Variance approved by Planning Commission to Lake Elmo Oil E. Appeal to Variance denial by Planning Commission to Lake Elmo Oil 9. CITY ATTORNEY'S REPORT: A. Request to amend legal description 10. UNFINISHED BUSINESS: A. Agreement for Signal Light at TH5 and County Road 15 (March 17) B. Adding 50" Street N. to State Aid System (Pending) C. Nile Fellows, MPCA, Landfill update (scheduled for April 7, 1998) D. Countryside Wood Products Resolution and Site Development Agreement (pending) E. Amortization of Non -conforming uses (scheduled for March 17) F. Parcel zoned PF along l0a' Street west of CR 19 (March 17, 1998) G. Budget and Payroll (scheduled March 17, 1998) H. Public Facilities Ordinance (March 17, 1998) I. Workshop with Tautges and Redpath on Fiscal Disparities and Taxes (pending) 11. CITY COUNCIL REPORTS: 12. CITY ADMINISTRATOR'S REPORT: A. Resolution entering into a Joint Powers Agreement for the Dakota County Consortium B. National Clerks Conference C. Advertising in Newsletter Mayor John called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Hunt, Dunn, John, Johnston, DeLapp, City Planner Terwedo, City Engineer Prew, City Attorney Filla and Administrator Kueffner. LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1998 L AGENDA M/S/P Johnston/Hunt — to approve the March 17,1998 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: March 2, 1998 M/S/P Hunt/DeLapp — to approve the March 2,1998 City Council Minutes, as amended. (Motion passed 5- 0). 3. CLAIMS M/S/P DeLapp/Johnston — to approve the March 17, 1998 Claims, as presented. (Motion passed 5-0). 4. PUBLIC INFORMATIONAL/INOUIRIES: A. South Washington Watershed District Solicitation of member for Citizens Advisory Committee The City received a letter from the South Washington Watershed District (SWWD) soliciting members to it's Citizens Advisory Committee. Administrator Kueffner has not been able to reach Brett Emmons, Technical Administrator, SW WD, to determine if members of this committee must live within the Watershed. M/S/P DeLapp/Dunn — to solicit members for the Citizens Advisory Committee for the South Washington Watershed District through the Lake Elmo Newsletter and cable. (Motion passed 5-0). 5. CONSENT AGENDA:None 6. CITY ENGINEER'S REPORT: A. Pavement Preservation Projects — Washington County, Resolution approving plans for CSAH 15 Overlay The City received a letter from Chris Thornton, Washington County Public Works, outlining the road projects the County is planning for Lake Elmo this summer. Information on proposed 1998 County projects, preliminary construction plans for CSAH 15 and CSAH 17, and a plan approval resolution were provided. A resolution is not needed for CSAH 17 because State Aid funds will not be used for this project. Tom Prow reported Washington County is planning to overlay Manning Trail from I-94 to 12" Street, and Lake Elmo Avenue from TH 5 to TH 36 this summer. Both of these routes will have 8-foot wide paved shoulders as a result of this project. State aid funds will be used on Manning Trail; therefore, the Council needs to pass a resolution approving plans. Prow has reviewed the plans for both projects and recommended approval. M/S/P Hunt/Johnston — to adopt Resolution No. 98-15 approving the plans for Project No. SAP 82-615-16 for the improvement of CSAH 15 within the limits of the City of Lake Ehno. (Motion passed 5-0). Councilor DeLapp felt the City is doing a disservice to our residents if we approve what is being proposed for CSAH 17. It is a duplication of CSAH 13. Councilors DeLapp and Dunn suggested the residents along CSAH 17 be informed of the project and asked the County to hold an informational meeting for the residents to discuss the project. DeLapp will bring in sketches of an alternative (bike path or walking path for separation of traffic) for discussion with Washington County Public Works. M/S/P DeLapp/Dunn — to direct the staff to contact Washington County to set up an informational meeting this summer on the proposed CSAH 17 improvements for area residents. (Motion passed 5-0). 7. MAINTENANCE/PARKS/FIRE: A. Relief Association's request for City intervention. Attorney Filla reported when the Relief Association's By-laws were last amended, they adopted a 5-year payment schedule. A lump sum payment for the person retired was at a calculation of $1555 per year of service. In the meantime, the State audited the books of the Relief Association and concluded the payment schedule in the by-laws exceeds the maximum allowed by State law-- the difference is $100 per month. LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1998 1 2 Consequently, the retiree with 23 years of service was overpaid $2300 which needs to be repaid by the end of March. The retiree is willing to repay money to the City in February of 1999, which is when the retirement account can be cashed in without penalty. In the meantime, the City needs to advance funds to the retiree, and he will secure with a promissory note. An attorney, with expertise in Relief Association, will redraft the by-laws and a quote for auditing has been requested from the City's CPA, Tautges, and Redpath. Brad Winkels, President of Relief Association, stated the by-laws would be amended annually with Council approval on the allowable maximum benefits. M/S/P Hunt/Johnston — to direct the staff to issue a check for $2300 to the Fire Department Retiree upon delivery of an acceptable promissory note for repayment to the City by March, 1999. (Motion passed 5-0). 8. PLANNING. LAND USE AND ZONING: A. Request to attend Planning Conference in Albuquerque City Planner Terwedo requested approval to attend the conference on Planning and Zoning for Community Land -Use Management in Albuquerque, New Mexico, June 8-10, 1998. M/S/P DeLapp/Hunt — to approve the City Planner's attendance at the planning conference in Albuquerque, New Mexico June 8-10, at a cost not to exceed $1100. Further, the Planner will give the Council and Planning Commission an update on this conference. (Motion passed 5-0). B. Ordinance amending Section 535, Subd. 3 to include the PF zoning district It was noted there were no sign regulations for the PF zoning district in the Code. A draft ordinance was provided which includes a change in Section 535.08 Directory Signs. M/S/P DeLapp/Hunt—to adopt Ordinance 9726 amending Sections 535.07 Subd. 3, Subd 3A, Subd 3B, Subd 3C, Section 535.08, and adding Section 535.07 Subd 3 D. (Motion passed 4-1:Dunn found existing flaws in the sign ordinance. When variances keep coming up, the City should review its standards, such as position, hours of illumination, and size.) M/S/P Dunn/Hunt— to submit the sign ordinance to the Planning Commission and the Village Commission for revisiting and looking into the possibility of a Village Overlay District. (Motion passed 3-2:DeLapp, Johnston). Mayor John asked staff to review hours of illumination and clarification on number of permitted multi - tenant signs. M/S/P Hunt/DeLapp — to direct the staff to review current sign ordinance for previous hours of illumination as it affects the City as a whole and reinstating the clauses into the new ordinance. (Motion passed 5-0). C. Set date with Planning Commission to discuss OP regulations Staff was directed to schedule a workshop with the Council and Planning Commission to go over amendments to the OP Ordinance. The Planning Commission suggested a workshop on March 23, 1998, 7 p.m., at their regularly scheduled meeting. M/S/P DeLapp/Dunn — to set a workshop for Monday, March 23, 1998,7 p.m., with the Planning Commission to discuss OP regulations. (Motion passed 5-0). Mayor John will not be available for this meeting and suggested that the trails be properly noted on plat maps because it is the City's intention that the trails are permanent. D. Appeal to variance approved by Planning Commission to Lake Elmo Oil E, Appeal to variance denial by Planning Commission to Lake Elmo Oil LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1998 Both the City Planner and the applicant, Lake Elmo Oil, have appealed the decision of the Planning Commission in it's review of the variances they requested for replacement of the signs now located on their property. The Council accepted the appeals and scheduled a hearing, M/S/P Hunt/Dunn — to set a hearing for April 7, 1998 to hear the appeals by Lake Elmo Oil and the City Planner. (Motion passed 5-0). Bob Novak stated the signage has to be in place by April 1, 1998 and the April 7" date would be too late. M/S/P Hunt/Johnston — to change the date from April 70'to March 31 ", 5:30 p.m. to consider both appeals concurrently. (Motion passed 5-0). 9. CITY ATTORNEY'S REPORT: Attorney Filla reported Oak Park Heights has requested the Municipal Board amend the legal description that was submitted by Attorney Magnuson so that it includes the Kern Center, Kem Center II, Stillwater Motors, and in addition, to the Buberl Ag zoned property. Mr. Magnuson has written a letter to the Board opposing the change to the legal description. M/S/P Johnston/Dunn — to direct the staff to write a letter to the Municipal Board opposing any changes to the legal description that was submitted by Attorney Magnuson and presented at the February 18th Municipal Board meeting. (Motion passed 5-0). 10. UNFINISHED BUSINESS: A. Agreement for Signal Light at TH5 and County Road 15. (March 17) The Council approved the installation of a signal and associated road improvements at TH5 and CSAH 15. The City Administrator asked they wait and review the maintenance agreement before approving it. B. Adding 50' Street N. to State Aid System (pending) C. Nile Fellows, MPCA Landfill update (scheduled for April 7,1998) D. Countryside Wood Products Resolution and Site Development Agreement (pending) E. Amortization of Non -conforming Uses (scheduled for March 17) Attorney Filla's letter, dated February 16, 1998, was in response to a question raised at an earlier Council meeting about whether we could adopt new standards and apply them retroactively to existing uses. In particular, signs were the issues, but this memo applies to all legal non -conforming uses in the City. M/S/P Hunt/DeLapp — to co-ordinate this effort with the sign ordinance and direct the staff to pass along information to the Planning and Village Commissions that amortization of non -conforming signs should be investigated, and ask for a recommendation on how the City should accomplish the amortization of these non -conforming signs within the City. (Motion passed 4-1:Dunn:She is uncomfortable with the motion and doesn't want the City to be on a witch-hunt. ) F. Parcel zoned PF along 100' Street west of CR 19 (March 17,1998) This issue has surfaced several times, but the staff has not received any concise direction from the City Council. Council member DeLapp has indicated this property should not be zoned PF and has the appearance of spot zoning in the middle of Open Space designated land. The Apostolic Bible Church did go through the rezoning process approximately 10 years ago to rezone the property for a future church. The City Planner received a letter from Apostolic Bible Church, dated November 21, 1997, indicating it plans to proceed with construction of the church this year. Attorney Filla added if the Council is going to ask the Planning Commission to reevaluate this area, they should take a look at the comp plan and the zoning. M/S/P DeLapp/Dunn — to refer to the Planning Commission the issue of current zoning of 15 acres, North of 10 h Street, in relation to the Future Land Use in the Comprehensive Plan as to whether the Public Facilities zoning is appropriate or should the parcel be zoned to Open Space. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1998 4 G. Budget and Payroll (scheduled March 17) M/S/P DeLapp/Hunt — to table the Budget and Payroll until the April 7 b Council meeting. (Motion passed 5-0). H. Public Facilities Ordinance (March 17, 1998) As directed by the Council, Administrator Kueffner reviewed the P and PF zoning regulations. Because P and PF uses are generally one -of -a kind use, she changed the draft ordinance to require that all uses be permitted by Conditional Use Permit. She also combined the two categories into one because there was not that much of a difference between the two categories. Non-profit, civil, and social halls were removed from this zoning category. The Minimum District Requirements were combined to include categories with and without a structure. This was done so that existing and future parks, or open space dedicated to the City through the platting process would not have to go through this process. The City Council was asked to submit their comments on the Public Facilities regulations to the staff. (Council asked the staff to look into adding Subd. 4. PCS antennas, with the requirements of 195' height. Administrator Kueffner added the word "agencies" to read in Subd. 2: Facilities for Local, County, State Agencies and Public Schools. Delete "or equivalent" in vii, 2"d sentence, on Page 2). M/S/P Hunt/DeLapp — to direct the staff to prepare an interim ordinance (moratorium) for P and PF Zoning with the public hearing to be held at the April 7 h Council meeting. (Motion passed 5-0). M/S/P Johnston/Dunn — to direct the Planning Commission to call a public hearing for the amendments to P and PF Zoning at the earliest appropriate date. (Motion passed 5-0). I. Workshop with Tautges and Redpath on Fiscal Disparities and Taxes (changes in tax laws) (pending) 11. CITY COUNCIL REPORTS: Mayor John attended the South Washington County Interceptor Advisory Committee meeting, who reviewed the various routes of the interceptor running from the border of Lake Elmo and Woodbury. The Committee tried to arrive at a consensus on the preferred route. There was a strong representation from the City of Afton. The next meeting will be on April 20". --Received a mailing and a video from Land Stewardship Project covering the Green Corridor Project for Chisago and Washington County. —Attended the meeting of the MAC and the Facilities Study Group who visited the current maintenance facility. --The next Lake Elmo Diary, which begins airing in April, will include the discussion of the Fire Dept./Existing Maintenance Building consolidation; Tree planting along Highway 5 near Beaut Crest development and an interview with Eagle Scout, Keith Tumulty. Council member Dunn reported the next airport meeting will be on April 8 °. Council member DeLapp reported Jim Hagstrom, Savanna Designs, responded to the City's invitation stating he is busy this Spring and Summer, but would consider a presentation on Land Space Design for Country Properties in the Fall or Winter. --Received a call from Bob Slater, MnDOT, stating his management is concerned about receiving things piecemeal. He asked if we could look at the City holistically so they can put together a systematic approach as to how to deal with landscaping on the State roads. Steve suggested the City get the Environmental Commission started or the Park Commission to work with this holistic approach for landscaping of our State roads. LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1998 12. CITY ADMINISTRATOR'S REPORT: A. Resolution entering into a Joint Powers Agreement for the Dakota County Consortium The City received a letter from the Washington County HRA regarding the Joint Powers Agreement for the Dakota County Consortium for the Federal HOME Program. Lake Elmo participated in this program in 1995 and is being requested to again participate through 2001. The HRA included an outline of home funds utilized in Washington County. Lake Elmo has neither asked for nor received these funds. Administrator Kueffner recommended that the City continue participation in this Consortium. The Council asked that the packet of information be sent to the Village Commission. M/S/P Hunt/Johnston — to adopt Resolution 98-16 authorizing the execution of a joint powers consortium agreement. (Motion passed 4-1:Dunn:There has been a misuse of funds in the past by HRA. She would like to see a positive track record before entering into an agreement --doesn't know what strings are attach.) B. National Clerks Conference M/S/P Johnston/Hunt - to authorize the City Administrator to attend the IIMC Annual Conference in Mobile, Alabama on May 17-21, 1998 at a cost not to exceed $1,000. (Motion passed 5-0). C. Advertising in Newsletter The City will permit commercial businesses to advertise in the City's monthly newsletter M/S/P DeLapp/Hunt — to adopt Resolution No. 98-17, A Resolution Establishing the 1998 Advertisement Rates for the Lake Elmo Newsletter. (Motion passed 4-1:Dunn:would like to get down to basics and have a one page summary.) The Council adjourned the meeting at 9:25 p.m. Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 98-15 Approving the plans for Project No. SAP 82-615-16 for the improvement of CSAH 15 within the City limits Resolution No. 98-16 Authorizing execution of a joint powers agreement for the Dakota County Consortium Resolution No. 98-17 Establishing the 1998 Advertisement Rates for the Lake Elmo Newsletter Ordinance No. 9726 Amending Section 535 to include signs in the Public Facilities Zoning District LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 1998 Mayor: Wyn John Councilmembers: Susan Dunn Steve DeLapp Lee Hunt Karen Johnston Lake Elmo City Council March 17,1998 3800 Laverne Avenue Lake Elmo, MN 55042 7:00 PM Regular Meeting 777-5510 777-9615 (Fax) 5:00 Workshop With Washington County Public Works Please read: 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. 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. Workshop with Washington County Public Works 5:00 PM Agenda Regular Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes March 2, 1998 3. Claims I 4. Public Informational/Inquiries 7:15 PM A. South Washington Watershed District Solicitation of members for Citizens Advisory Committee B. Other 5. Consent Agenda 6. City Engineer's Report Tom Prew A. Pavement Preservation Projects — 7:20 Washington County. Resolution approving plans for CSAH 15 Overlay. B. Other Lake Elmo City Council Agenda March 17, 1998 Page 2 7. Maintenance/Parks/Fire A. Relief Association's request for City MIU Brad Winkles 7:30 PM intervention. B. Other 8. Planning, Land Use and Zoning A. Request to attend Planning Conference in Ann Terwedo 7:45 PM Albuquerque B. Ordinance 97-_ amending sign ordinance C. Set date with Planning Commission to discuss OP regulations. D. Appeal to Variance approved by Planning Commission to Lake Elmo Oil E. Appeal to Variance denial by Planning Commission to Lake Elmo Oil. F. Other 9. City Attorney's Report Jerry Filla 10. Unfinished Business A. Agreement for Signal Light at TH5 and 8:00 PM County Road 15. (March 17) B. Adding 50"' Street N. to State Aid System (pending) C. Nile Fellows, MPCA Landfill update (scheduled for April 7, 1998) D. Countryside Wood Products Resolution and Site Development Agreement (pending) E. Amortization of Non -conforming uses (scheduled for March 17) F. Parcel zoned PF along 10`' Street west of CR. 19 (March 17, 1998) G. Budget and Payroll (scheduled March 17) H. Public Facilities Ordinance (March 17, 1998) I. Workshop with Tautges and Redpath on Fiscal Disparities (pending) J. Other 11. City Council Reports A. Mayor John 9:00 PM B. Councilmember Dunn C. Councilmember DeLapp D. Councilmember Hunt E. Councilmember Johnston Lake Elmo City Council Agenda March 17, 1998 12. City Administrators Report MK A. Resolution entering into a Joint Powers Agreement for the Dakota County Consortium B. National Clerks Conference C. Other