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HomeMy WebLinkAbout07-21-98 CCMMINUTES APPROVED: AUGUST 4,1998 LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1998 1. AGENDA 2. MINUTES; JUNE 30, 1998 JULY 7, 1998 3. CLAIMS 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Water Ski Show on Lake Jane: Terry Boczek, Tri-Lakes Association B. Introduction by Heart of America 5. CONSENT AGENDA: A. Extension of Cable Franchise Ramsey/Washington Cable Commission B. Resolution amending Resolution No. 98-28 Ordering Improvement for 1998 Overlay Projects C. Resolution approving Revised Agreement for Landscape Development along TH5 6. CITY ENGINEER'S REPORT: A. Escrow Reduction for Hamlet on Sunfish Lake B. Update on Wildflowers Shore 7. MAINTENANCE/PARKS/FIRE/BUILDING: A. Ordinance adding Section 500.05 2. To Lake Elmo Municipal Code B. Lighting Ordinance Enforcement C. Direction for Maintenance Facilities Study Committee 8. PLANNING, LAND USE AND ZONING: A. File No. SP/97-50 Creative Office Gardens Site Plan Amendment: Steve Urban B. Village Development Moratorium 9. CITY ATTORNEY'S REPORT: 10. UNFINISHED BUSINESS: A. Nile Fellows, MPCA — Reclamation Plan for SW 1 B. Amortization of Non -conforming uses (Passed on to Planning and Village Commission C. Workshop with Tautges and Redpath on Fiscal Disparities D. Relief Association E. Parcel zoned PF on CR10 F. Environmental Commission G. Joint meeting with surrounding communities H. Access Agreement: John Carr I. Has the DNR corrected the flood plain elevations after the 509 (1007) project was completed. J. Bike Safety on Manning/T1­15 K. Farmington MSA Text L. CSAH17 and TH5 Intersection Problem 11. CITY COUNCIL REPORTS: 12. CITY ADMINISTRATOR'S REPORT: A. Multi -community Meeting Update B. Election Equipment Purchase Update LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1998 1 Mayor John called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Hunt, Dunn, John, Johnston, DeLapp, City Attorney Filla, City Engineer Prow, City Planner Dillerud, Building Official Jim McNamara (Departed 8:30) and Administrator Kueff rcr. 1. AGENDA M/S/P Johnston/Dunn — to approve the July 21, 1998 Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: June 30, 1998 M/S/P Hunt/Dunn — to approve the June 30, 1998 Council workshop minutes, as amended. (Motion passed 5-0). -- - -- MINUTES: July 7, 1998 M/S/P Johnston/Dunn —to approve the July 7, 1998 City Council minutes, as amended, (Motion passed 5- 0). 3. CLAIMS Councilor DeLapp questioned Claim for Street Lights, Northern States Power in the amount of $1102.76. He pointed out the City is paying $1200/month for public lighting, and he believes that some of the lights are for private use. M/S/P DeLapp/Hunt — to approve the July 21, 1998 Claims, as presented. (Motion passed 5-0). 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Water Ski Show on Lake Jane: Terry Boczek, Tri-Lakes Association Terry Boczek, Tri-Lakes Improvement Assoc., requested Council approval for a Water Ski show on Lake Jane for August 8th from 2-4 p.m. The Tri-Lakes Association has secured the appropriate insurance coverage and the Sheriff Department has signed off on the permit pending Council approval. The Fire Department has been contacted and will provide an emergency vehicle. A map was provided showing the area proposed for the Water Show. M/S/P DeLapp/Hunt — to approve the permit request of Terry Boczek, on behalf of the Tri-Lakes Association, to hold a Water Ski Show on Lake Jane, August 8` 1 from 2-4 p.m., based upon the submittal of the appropriate information. (Motion passed 5-0). B. Introduction by Heart of America i April Erickson introduced herself and provided background information on the Heart of America Corporation, who is planning to submit a proposal to the City for a motel and family style restaurant within the M.U.S.A. 5. CONSENT AGENDA: A. Extension of Cable Franchise Ramsey/Washington Cable Commission On April 7, 1998, the Council adopted an ordinance extending the Franchise Term of our Cable Franchise for ninety days. The Cable Commission has recommended another extension of this ordinance until November 30, 1998. Ginny Holder, Lake Elmo's Cable Representative supported this request. Administrator Kueffner indicated the Cable Commission has been working for at least three years negotiating a new Cable Franchise on behalf of the communities in our Joint Powers Agreement. Staff recommended that the council grant the requested extension. M/S/P Hunt/DeLapp - to adopt Ordinance 9733 amending Cable Franchise Ordinance No. 9727, Article 4, Section 4.04, Franchise Term. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1998 B. Resolution amending Resolution 98-28 At its May 5, 1998 meeting, the Council adopted Resolution No. 98-28 Ordering Improvement, Preparation of Plans and Approving Plans and Specifications for the proposed 1998 Overlay Projects. This resolution included overlaying Hill Trail N. Since this meeting, the Council has stricken Hill Trail from the 1998 Overlay project. The original resolution should reflect that change. M/S/P Hunt/DeLapp - to adopt Resolution No. 98-40 amending Resolution 98-28 adopted May 5, 1998, removing Hill Trail North from the 1998 Overlay Project. (Motion passed 5-0). C. Resolution Approving Revised Agreement for Landscape Development along TH5 At the June 2, 1998 meeting, the Council adopted Resolution No. 98-35, which permitted the City to enter into Mn/DOT Agreement 77509 relating to the landscaping on Highway 5. It was stated in the July 1, 1998 letter from MtMOT that the agreement previously executed by the City was incorrect because the State Project Number was incorrect. The City must adopt a new resolution which reflects the new State Project Number 8214-969A. M/S/P Hunt/DeLapp - to adopt Resolution No. 98-41 resolving that the City of Lake Elmo enter into Mn/DOT Agreement 77509 relating to landscaping along Highway 5, under State Project Number 8214- 969A, and further, that Resolution No. 98-35 is hereby repealed in its entirety. (Motion passed 5-0). 6. CITY ENGINEER'S REPORT: A. Escrow Reduction for Hamlet on Sunfish Lake At the July 7 meeting, the Council postponed action on this item until July 21, 1998 so that the City Engineer and City Planner could make an onsite inspection of the trees that were planted in the boulevard are dead or dying. The City received a revised memo from Tom Pew dated July 16, 1998. Staff concurred with the recommendation of the City Engineer. M/S/P DeLapp/Johnston — to reduce the letter of credit for Hamlet on Sunfish Lake to $202,000, based on the revised recommendation of the City Engineer in his memo dated July 16, 1998. (Motion passed 5-0). M/S/P Dunn/DeLapp — to amend the agenda to include item 6B. Update on Wildflower Shores. (Motion passed 5-0). B. Update on Wildflower Shores Tom Prew reported the work is proceeding according to the plan. The berm is intentional, excavation is being done for a 15' deep lake, and they are roughing in the roads. Council members expressed concern on the compacting of the land affecting the drainage and the steep slope on the west side being incompatible with any development. The staff will invite the developer to a future Council meeting with a project update. 7. MAINTENANCE/PARKS/FIRE/BUILDING: A. Ordinance adding Section 500.05 2. To Lake Elmo Municipal Code The Council directed staff to prepare an ordinance reinstating the "sprinkler" ordinance for office construction of over 5,000 sq.ft. into our code. An ordinance adding that section of the State Building Code to our Municipal Code was provided for Council review. M/S/P Hunt/Johnston — to adopt Ordinance No. 9734 adding Section 500.05 2. Special Fire Protection Systems to the Lake Elmo Municipal Code as presented. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1998 B. Lighting Ordinance Enforcement Administrator Kueffner reported the staff has received several calls on its lack of enforcement of the lighting ordinance. When the ordinance was reviewed, it was found to be ambiguous and not easy to interpret. The ordinance refers to a pamphlet to be used as a guide. Staff suggested the City Planner and Building Official review the ordinance, clarify the language, and pass it on to the Planning Commission for additional review and comments. It would then come back to the Council for final action. M/S/P Dunn/Johnston — to direct the City staff to review the lighting ordinance, pass it on to the Planning Commission for review and comment and prepare a recommendation for Council consideration by September 1, 1998. (Motion passed 5-0). C. Direction for Maintenance Facilities Study Committee Councilor Hunt explained the only project that could be done in 1998 is the addition to City Hall because of expenditures and the proposed consolidation with Baytown Township. Both Baytown and Lake Elmo would not be able to vote on a special referendum for the proposed building projects until after the November, 1998 election. Baytown representatives have indicated they do not want to be bound by indebtedness from actions of Lake Elmo, but wanted to be able to vote on this. 8. PLANNING, LAND USE AND ZONING: A. FILE SP/97-50 Creative Office Gardens Site Plan Amendment: Steve Erban Steve Erban presented his amended site plan showing the revised NURP pond location in response to comments from WDOT, as well as the revised building foot print, with no change in building area or size. Mr. Erban altered the roofing to include fewer light panels and, south windows to have a more circular shape because of earlier concerns from the Planning Commission that the building was not rural looking. The City Planner stated that the amended site plan to comply with the standards of the Lake Elmo Zoning Ordinance and other related codes and policy. The City Planner reported that at its July 13" meeting, the Planning Commission reviewed the site plan amendment for Creative Office Gardens and unanimously recommended approval subject to 8 conditions. The site plan amendment was added to the July 15, 1998 Village Commission agenda without informing the applicant. The Commission recommended that the Council not act on this development application until after the moratorium was over. Review by the Village Commission was not a Council direction, nor was it recommended by the Planning Commission, and is not required by City Code. Approval of the site plan was given by the City Council on October 21, 1997. The development moratorium was adopted on November 4, 1997. Councilors Dunn, Hunt and Johnston felt the applicant made an effort to be consistent with the code, addressed concerns on location of the pond and lighting, that the plan was accepted by the Council before the moratorium was adopted, preferred the presented revised site plan with the new location of the pond and revised landscaping around the property, Councilor DeLapp felt the proposal did not meet the roofing requirements under the architectural standards stated in the code, and asked Mr. Erban if he would present his plan to the Village Commission for its input. The Council authorized Councilor DeLapp to discuss and clarify language for architectural standards with the City Planner. M/S/P Hunt/Dunn — to approve the Site Plan Amendment submitted by Steve Urban for the "Creative Office Gardens" subject to the applicant complying with the conditions set forth by the Council in it's approval granted October 21, 1997, compliance with the Planning Commission's recommendation at it's July 13, 1998 meeting and compliance with the City Engineer's memo dated June 27, 1998; subject to submittal of an updated landscape plan, as discussed. (Motion passed 5-0). Mr. Erban offered to attend the July 29`" Village Commission meeting to share architectural information. LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1998 4 The Council discussed how the newly adopted sprinkling ordinance would affect this building because it is over 5,000 sq.ft. The City Engineer said there was am existing water main on 39`h Street, which is approx. 100' from this site. He would have to check on the pressure and flow requirements. B. Development Moratorium Ordinance: City Attorney Filla suggested an extension of the Village Development Moratorium be placed on the August 41h Council agenda. The current ordinance expires on August 18`h and the Council should take some kind of action prior to its expiration. 9. CITY ATTORNEY'S REPORT:NONE 10. UNFINISHED BUSINESS: 11. CITY COUNCIL REPORTS: The Administrator's Review was postponed until the August 4`h meeting. Councilor Dunn asked why is there a 55-mph sign on CSAH17 by the Lake Elmo Elementary School? Should this not be designated a school zone. Administrator Kueffner will contact Washington County Public Works. Councilor Dunn has received calls on the Open Space Zoning Ordinance in regard to a concept plan for an irregular shaped lot and asked that the PZ take a look at the OP area based on environmental standards. The City Planner is looking into this. Mayor John suggested installation of a light for safety of the intersection of CSAH10 and 19 to light up the intersection. Hunt pointed out the accidents according to the County was during the normal day light hours. The stop sign stands out more. Councilor Hunt invited an administrative staff member to represent the staff at the Facilities Study Committee/MAC meetings when they discuss the proposed building projects. Administrator Kueffner will come back with a name. Councilor DeLapp pointed out a problem in Parkview Estates with regard to the requirement of planting boulevard trees every 30' in the OP and the definition of boulevard. Where would trees be planted if there were no curb —trees planted where curb would be and the property line? The City Engineer will look into this. 12. CITY ADMINISTRATOR'S REPORT: A. Multi -Community Meeting Administrator Kueffner attended a meeting of Clerks/Administrator's at Washington County on July 15. Her request to organize a multi -community meeting to discuss growth options throughout the County was on the agenda as a formal request. No one attended this meeting from Woodbury, Oakdale or Cottage Grove. The County Administrator noted that the County is looking at such things as transfer of density and felt it a good opportunity, and a starting point, for staff from the Met. Council to discuss this with the Clerks/Administrators. The next meeting will be in September. B. Election Equipment Purchase Update Washington County has entered into discussion with Dakota and Hennepin Counties to explore the option of a joint election equipment purchase. Molly O'Rourke, Washington County Assistant Auditor Treasurer, provided a draft of a new financing package. The County would bear the entire cost of the equipment purchase, while municipalities would share all maintenance and software licensing (programming) fees. This would create county ownership of the equipment, and prevent potential problems related to joint owners of equipment for both County and Municipalities. The request for bids will not be issued until after the 1998 election. LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1998 M/S/P DeLapp/Hunt - to support Washington County's revised proposal for purchase of election equipment. (Motion passed 5-0). The Council adjourned the meeting at 9:15 p.m. Respectfully submitted by Sharon Lumby, Deputy City Clerk Ordinance No. 9733 Amending Cable Franchise Term to November 30, 1998 Ordinance No. 9734 Adding Section 500.05 2 relating to Special Fire Protection Systems Resolution No. 98-40 Amending Resolution 98-28 removing Hill Trail N. from the 1998 Overlay Projects - Resolution No. 98-41 resolving City enter into MnDOT agreement for landscaping and repeal 98-35 LAKE ELMO CITY COUNCIL MINUTES JULY 21, 1998 Lakr, Elmo City Council Mayor: Wyn John Councilmembers: July 21, 1998 3800 Laverne Ave. N. Steve DeLapp Susan Dunn 7:00 P.M. Lake Elmo, MN 55042 Lee Hunt 777-5510 777-9615 (fax) Karen Johnston 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 infonnation 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. Agenda Regular Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes June 30, 1998 July 7, 1998 3. Claims 4. Public Inquiries/ Informational A. Water Ski Show on Lake Jane:Terry Boczek, Tri-Lakes Assoc. B. Introduction by Heartland of America C. OTHER 5. Consent Agenda 7:30 A. Extension of cable franchise Ramsey/Washington Cable Com. tr` B. Resolution Amending Resolution 98-28 C. Resolution 98- , Revised Agreement for Landscape Development along TH5 6. City Engineer's Report A. Escrow Reduction for Hamlet on Sunfish Tom Prew Lake Lake Elmo City Council Agenda July 21, 1998 Page 2 7. Maintenance/Parlcs/FireBuilding A. Ordinance adding Section 500.05 2. To Lake Elmo Municipal Code B. Lighting Ordinance C. Other 8. Planning, Land Use and Zoning A. CASE SP/97-50 Creative Office Gardens Chuck Dillerud Site Plan Amendment: Steve Urban B. OTHER 9. City Attorney's Report Jerry Filla 10. Unfinished Business A. Nile Fellows, MPCA — Reclamation Plan for SW 1 B. Amortization of Non -conforming uses (Passed on to Planning and Village Commissions) C. Workshop with Tautges and Redpath on Fiscal Disparities (pending) D. Sprinkler Ordinance E. Relief Association F. Parcel zoned PF on CR 10 G. Environmental Commission H. Joint Meeting with surrounding communities. I. Access Agreement: John Carr J. Has the DNR corrected the flood plain elevations after the 509 (1007) project was completed. K. Bike Safety on Manning/TH5 L. Farmington MSA Text M. CSAH17 and TH5 Intersection Problem 11. City Council Reports A. Mayor John — Administrators's Review B. Councilmember DeLapp C. Councilmember Dunn D. Councilmember Hunt: E. Councilmember Johnston 12. City Administrators Report Mary Kueffner A. Bi-Community Meeting Update B. Election Equipment Purchase Update Sharon Lumby C. Other 13. Adjourn