HomeMy WebLinkAbout11-05-98 CCMLAKE ELMO CITY COUN MINUTES NOVEMBER 5, 15.., f
MINUTES APPROVED: NOVEMBER 17,1998
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 5, 1998
* * * ***Date of meeting has been changed because of the November 3'd General Election******
1. AGENDA
2. MINUTES: October 20, 1998
3. CLAIMS
4. PUBLIC INOUIRIESANFORMATIONAL:
A. Resignation of Mayor Wyn John
B. Resolution Canvassing November 3'd General Election
C. Tim Freeman — Clarification on Council action relating to removal of Engstrom/Screaton from
moratorium
D. Planning Commission Vacancy
1. Interview Greta Gauthier and Eric Lipman
5. CONSENT AGENDA:
A. Resolution requesting Municipal State Aid Funds for 30' Street North
6. MAINTENANCE/PARKS/FIRE/BUILDING:
A. Municipal Well Maintenance
B. DTN Weather Center
7. CITY ENGINEER'S REPORT:
A. 1998 Overlays —Review of Jamley Avenue
8. PLANNING, LAND USE & ZONING:
A. Data Processing Upgrade Program
B. Zoning Text Amendment —Accessory Structures
C. City Code Amendment — Snow Fencing
D. Livable Communities Act —Housing Action Plan
E. Comprehensive Plan Amendment —Northeast Annexed Area
F. Fire Sprinklers — Countryside Wood Products
9. CITY ATTORNEY'S REPORT:
10. CITY COUNCIL REPORTS:
11. UNFINISHED BUSINESS:
A. Nile Fellows, MPCA—Reclamation Plan for SWl
B. Amortization on Non -conforming uses (Passed on to Planning and Village Commission)
C. Workshop with Tautges and Redpath on Fiscal Disparities: November 16, 1998, 6 p.m.
D. Joint Meeting with surrounding communities
E. Farmington MSA Test
F. Stonegate Trails
G. Road Curbs
H. Highway 36 speeds
I. Trail Maintenance Policy
J. Agreement with OPH for grading and snowplowing east half of 55"' Street
K. Street Lights —pay and location
L. Modifications of OP Standards
M. Workshop with property owners requesting removal from Development Moratorium of Village
Study Area
N. Workshop on separated bike/pedestrian trail along CSAH17
O. Appeal by Countryside Pool & Spa: November 17, 1998
P. Solid Waste Ordinance
12. CITY ADMINISTRATOR'S REPORT:
LAKE ELMO CITY COU14, MINUTES NOVEMBER 5, IL 2
Acting Mayor Lee Hunt called the Council meeting to order at 7:00 p.m. in the Council Chambers.
PRESENT: Hunt, Johnston, DeLapp, City Attorney Filla, City Engineer Prew, City Planner Dillerud and
City Administrator Kueffner. ABSENT: Council member Dunn
1. AGENDA
M/S/P DeLapp/Johnston — to approve the November 5, 1998 City Council agenda, as amended. (Motion
passed 3-0).
2. MINUTES: October 20, 1998
M/S/P Johnston/Hunt — to approve the October 20, 1998 City Council minutes, as amended. (Motion
passed 2-0-1 :Abstain:DeLapp).
3. CLAIMS
M/S/P Johnston/DeLapp — to approve the November 5, 1998, Claims, as presented. (Motion passed 3-0).
4. PUBLIC INOUIRIES/INFORMATIONAL:
PUBLIC INQUIRIES: None
A. Resignation of Mayor Wyn John
The City received an e-mail letter of resignation form Mayor John indicating that because of family
circumstances and potential future needs, he can no longer cant' out his responsibilities as Mayor can.
M/S/P DeLapp/Johnston — to adopt Resolution No. 98-62, as amended, accepting with deep regrets, the
resignation of Wyn John as Mayor of Lake Elmo and direct the staff to send a letter of appreciation and
announce the vacancy for Mayor. (Motion passed 3-0).
Mayor Hunt read the Certificate of Recognition, adopted by the Washington County Board of
Commissioners, heartily congratulating Mayor Wyn John for his many accomplishments during his tenure
with the City and wishes Wyn and his family the very best both during this difficult time and in the future.
The City Administrator suggested waiting until there is a full Council to fill the vacated position and
nominate Councilor Hunt to fill the Mayor position. Another option would be to advertise the vacancy in
the newspaper. There is probably a minimum of two weeks before the City could fill the position
advertised, interview candidates and make a selection. Being this is a unique circumstance, the Council
asked the staff to invite Councilors -elect Armstrong and Siedow to attend the November 17t° meeting and
ask if one of them would like to fill in early.
M/S/P DeLapp/Johnston — to invite the two newly elected Council members to attend the November 17d'
Council meeting for a possible determination by the current Council for an appointment to fill out the
vacancy of Council member and nominate Lee Hunt for Mayor for the remainder of the year. (Motion
passed 3-0).
B. Resolution Canvassing November 3 d General Election
M/S/P Jobnston/DeLapp — to adopt Resolution No. 98-63, A Resolution canvassing the returns of the
November 3`d General Election and declaring Lee Hunt as Mayor of the City of Lake Elmo for a 2-year
term and Rosemary E. Armstrong and Steve DeLapp elected as Council member for 4-year terms, and
Chuck Siedow for a 2-year term, by a majority of the registered voters of the City. (Motion passed 3-0).
C. Tim Freeman — Clarification on Council Action relating to removal of Ensgtrom/Screaton from
moratorium
Tim Freeman provided the Council with a transcript of the August 18, 1998 City Council meeting. Mr.
Freeman said it was clear to him from this discussion there was willingness by the Council to consider
removing two parcels from the moratorium. Freeman stated Zintl has put his preliminary plat on hold
LAKE ELMO CITY COUNt,_.. MINUTES NOVEMBER 5, 19;
because the Council encouraged the property owners, Zintl, Engstrom for 2"a phase of Fields of St. Croix,
Screaton/Emerson, to work together to prepare a joint concept plan.
Council member DeLapp stated, part of the issue, is that at the conclusion of the moratorium, the Village
Commission could recommend land use to the Planning Commission and Council. That land use might not
be what it is today and could be inconsistent with what the developers would like. It was his understanding
that the developer was invited to come before the Council if there is a major advance made and a
significant agreement between adjacent property owners to work together consistent with where the Village
Commission is heading toward. Then the Council would take the next step by deciding if the properties
should be taken out of the moratorium.
Council member Johnston indicated her recollection was the Council agreed not to make a determination to
take out the properties out of the moratorium until the Council was made aware of what the developers
were thinking about by submitting a sketch plan for Council review.
In his November 5, 1998 memo, City Planner Dillerud reported the Village Commission, by motion,
unanimously requested that the City Planner communicate to the Council their concern with premature
modifications to the Village Moratorium geographic area, both from the perspective of the potential impact
on their on -going work program, and from the perspective of equal treatment to all property owners within
the Moratorium Area.
Richard Smith, Mary Jean Dupuis, and Bob Eischen indicated they had not been involved in the
developers' plan and would like to coordinate what plans and concerns the surrounding property owners
have for their property. The Council asked the developers to have an informational meeting showing how
the surrounding properties can be tied together. The Planning and Village Commissions will be invited to
the November 17" meeting Council workshop to review the concept plan under Planning, Land Use, and
Zoning.
M/S/P Johnston/DeLapp — to direct the staff to create an ordinance revision for property to be removed
from the moratorium for consideration at the November 17th Council meeting and encourage the
Developers to review a concept with surrounding residents for their reaction by the November 17th Council
meeting. (Motion passed 3-0).
D. Planning Commission Vacancy
1. Interview Greta Gauthier and Eric Lipman
Administrator Kueffner reported that Greta Gauthier is more interested in serving on the Environmental
Commission and asked that her Planning Commission application be put on hold.
The Council received a letter from Eric Lipman indicating that he would not be able to attend the
November 5d' Council meeting to participate in the interview process for the Planning Commission
vacancy, but is interested in the appointment to the Planning Commission.
M/S/P Johnston/DeLapp — to appoint Eric Lipman, 8249 Deer Pond Court North, as Second Alternate to
the Lake Elmo Planning Commission. (Motion passed 3-0).
Administrator Kueffner made the Council aware that Todd Ptacek lived in Lake Elmo when he applied for
the Planning Commission vacancy, and now has a house under construction in Stonegate that will be
completed in about 30 days. In the meantime he is not living in the City. There is nothing in our Code or
in the League Handbook that requires that Planning Commission members live within the City.
LAKE ELMO CITY COUNt,.., MINUTES NOVEMBER 5, 13 4
5. CONSENT AGENDA:
A. Resolution requesting Municipal State Aid funds for 30" Street North.
Tom Prew provided a resolution requesting that our Municipal State Aid construction funds be applied to
30`h Street North. MnDOT will reimburse the City for the cost of 30" Street from future construction
allotments.
M/S/P Johnston/DeLapp — to adopt Resolution No. 98-64, A Resolution requesting Municipal State Aid
Funds for 30"' Street. (Motion passed 3-0).
6. MAINTENANCE/PARKS/FIRE/BUILDING:
A. Municipal Well
Dan Olinger recommended repairs to the City's deep well turbine pump because for a number of years he
has observed a sound and vibration conditions which has not been identified and corrected. Alberg Water
Services inspected the pump's operation, which heightened their concerns that the situation be corrected
once and for all. The information on work that needs to be completed from Alberg Water Services was
sent toTKDA for its review. Tom Prew was in agreement with the recommended work outlined in letter
dated October 19, 1998. Work will be done during Thanksgiving vacation. Dan didn't think there was
enough money in the Water Fund to do the work.
M/S/P DeLapp/Johnston - to approve Item #1 pulling the complete pump for inspection at a cost of $2,800,
Item #2: Cost for 190' x 6" x 1 '/2" T&C Columns Assemblies $8,112 and Labor to install the above
$1,015, in addition to a replacement for the old discharge head at a cost of $1,840, and depending what
problems are found, a special meeting will be called to address Items #3 & #4, as stated in the October 19,
1998 letter from Alberg Water Services, and direct the Finance Director to borrow funds from another fund
if there are not sufficient Water Funds. (Motion passed 3-0).
B. DTN Weather Center
Mayor Hunt recommended that this request from Dan Olinger for a DTN Weather Center be brought up for
discussion with the MAC, at the same time they discuss the CIP before the December 8"' budget meeting.
M/S/P Hunt/Johnston — to send Dan Olinger's request for a DTN Weather Center to the MAC for them to
come back with a recommendation. (Motion passed 3-0).
7. CITY ENGINEER'S REPORT:
A. 1998 Overlays —Review of Jamley Avenue
Mayor Hunt reported that he, Dan Olinger and Tom Pew reviewed the paving on Jamley Avenue. They
determined that there were some surface blemishes, but that the work did meet their expectations. Hunt
will put together a letter indicating this, and staff will send letters to residents on the Jamley Overlay
project.
Dan Olinger asked the City get information out, through the newsletter and Cable TV, as to where
mailboxes should be located.
S. PLANNING, LAND USE & ZONING:
A. Data Process Upgrade program
Planner Dillerud provided a memo on the work of Council member Hunt and staff regarding replacement
and improvements to the City's data processing system. A quotation from GE Capital Services for most of
the acquisition recommended for Stage 1 of the program was provided. The sum of the firm quotation and
non -contract estimate for Stage I acquisitions is $9,971. The 12/31/97 Administration Capital Equipment
fund balance was $41,296. No major expenditures have been charged to that fund during 1998; and the
tentative 1999 budget adds $30,000 to this fund.
LAKE ELMO CITY COUNL MINUTES NOVEMBER 5, 19s,.
M/S/P DeLapp/Johnston — to accept and authorize implementation of the recommendation for Data
Processing Upgrade Acquisition, Stage 1— Work Station Enhancements with cost not to exceed $12,000
with tax. (Motion passed 3-0).
B. Zoning Text Amendment —Accessory Structures
M/S/P Jobnston/DeLapp — to postpone action, because four votes are needed, on the amendments to the
Lake Elmo Zoning Ordinance regarding standards for accessory structures until the November 17th Council
meeting where there will be a Full Council in attendance. (Motion passed 3-0).
C. City Code Amendment— Snow Fencing
Mayor Hunt will be meeting with the affected porperty owners in a neighborhood dispute regarding
placement of a snow fence.
M/S/P Hunt/Johnston — to postpone the action on the regulation of snow fencing until the November 17'
Council meeting where there will be a full Council in attendance, receive comments from Dan Olinger on
this proposed ordinance, and allows time for Mayor Hunt to respond to complaints in a concise and
complete fashion. (Motion passed 3-0).
D. Livable Communities Act —Housing Action Plan
City Planner Dillerud reported that he received a call from a Metro Council representative that he had been
misinformed earlier this year, and that Lake Elmo had never submitted the required Action Plan. Dillerud
prepared the Action Plan for endorsement by the Council.
M/S/P Johnston/DeLapp — to adopt the Lake Elmo Housing Action Plan and authorize submission to the
Metropolitan Council. (Motion passed 3-0).
E. Comprehensive Plan Amendment —Northeast Annexed Area
M/S/P Johnston/DeLapp — to postpone action, because four votes are needed, on the Comprehensive Plan
Amendment for the Northeast Annexed Area and directing submission of the Amendment to adjoining
cities and the Metropolitan Council until the November 17th Council meeting when there will be a full
Council in attendance. (Motion passed 3-0).
F. Fire Sprinklers — Countryside Wood Products
Walter Pechan explained, as to date, the grading and footings have been done and construction of the walls
has started. The cost of construction of the building is $300,000. The sprinkler would add 25%,
approximately $78,000, to the cost of the building. In his October 28, 1998 letter to the City, Mr. Pechan
asked that Countryside Wood Products be exempt from the code requiring a sprinkler system, which was
adopted on July 21, 1998. His project was planned under the code existing at the time of CUP approval in
1996 and June 1998. When the sprinkler code was adopted, he already had $45,000 into this project for
architectural fees, surveyor fees, engineering fees, legal fees, watershed fees, etc.
Attorney Filla explained he did not think there were vested rights, but equitable estoppel could apply. If a
property owner invests a significant amount into his building project relying on the City's actions and were
not allowed to finish his project, he would incur a loss.
The City Planner indicated the Building Official would not issue additional permits for the building without
having a sprinkler system installed. The City Attorney clarified the City couldn't waive the sprinkler
system requirements because it is part of the Building Code. If equitable estoppel is applied, the Council
could decide that the sprinkler requirement dos not apply in this particular circumstance based on the
findings. It doesn't mean that the ordinance wouldn't apply to every other building in town.
LAKE ELMO CITY COUNt,.., MINUTES NOVEMBER 5, 19�>
M/S/P Hunt/Johnston — that the City Council does not believe the sprinkler ordinance applies to Walter
Pechan, Countryside Wood Products, 8603 34d' Street N. , because in this case it is unreasonable to enforce
the sprinkler ordinance and put the property owner and City under the circumstances through a Court
proceeding; and further, direct the Building Official to issue permits for construction of the building based
on the following Findings:
1. That the Conditional Use Permit for Countryside Wood Products was granted in 1996 and renewed in
1998.
2. That the Sprinkler Ordinance was adopted one month (July 21, 1998) after the CUP for Countryside
Wood Products was renewed (June 8, 1998)
3. That Walter Pechan spent $45,000 for architectural fees, surveyor fees, engineering fees, legal fees,
watershed fees prior to the ordinance change.
4. That the cost of adding a sprinkler system would add ($78,000) approximately 25% to the cost of the
entire building.
5. That Walter Pechan acted in good faith with the City relying on City's actions.
6. That the delays were not caused by Mr. Pechans's actions, but by actions of the City.
7. That due to the circumstances in this case, the court could consider the City unreasonable if they are
required to apply the sprinkler section based on these findings.
8. That at the present time, Walter Pechan has graded the property, constructed footings, and started
construction of the walls on the property.
(Motion passed 3-0).
Attorney Filla pointed out the City Code does not require a timeline for permits. Applicants should not be
able come in and bank permits, place the permit on a shelf, and be exempt from any new City regulations.
When site plans and permits are approved, the following should be added: "subject to compliance with all
applicable provisions of the building code".
M/S/P Hunt/DeLapp - to direct the staff to clean up any sections of the code for permit time limits and
make sure, that in all the appropriate places referenced to permit expirations, are included. (Motion passed
3-0).
9. CITY ATTORNEY'S REPORT: None
10. CITY COUNCIL REPORTS:
A. Council member DeLapp missed the October 20`s Council meeting because he attended a
conference on Land Trust Alliance in Madison, WI.
Metropolitan Airport Commission's 5 year Plan for the Lake Elmo Airport: DeLapp, asked that the people
be made aware of the current 5-Year plan for Lake Elmo Airport. An article including a summary of the
Plan will be submitted in the newsletter. Council member Dunn has been following this item. Discussion
on this item will be added to a future meeting, if needed.
Packet received from the Leaeue of MN Cities: The Council was asked to read it over and send written
comments to the City Administrator so she could incorporate them in a letter. The deadline is November
16'.
B. Council member Hunt: Invitation from Stillwater Chamber of Commerce to sponsor table at
banquet. Council member Hunt, DeLapp and Johnston indicated they could not attend
Administrator Kueffiier indicated Ginny Holder would be at the November 17" Council meeting to review
changes in the Cable Franchise.
11. UNFINISHED BUSINESS:
Q. Workshop on separated bike/pedestrian trail along CSAH17
Administrator Kueffher reported she talked to Don Wisniewski regarding a Workshop on CSAH17 and
tentatively set a workshop for 5:30 p.m., Tuesday, November 17'h before the City Council meeting.
LAKE ELMO CITY COUNT,.., MINUTES NOVEMBER 5, 19i
12. CITY ADMINISTRATOR'S REPORT: NONE
The Council adjourned the meeting at 9:15 p.m.
-------------------------- -------------------
Sharon Lumby, Deputy City Clerk
Resolution No. 98-62, Accept resignation of Wyn John as Mayor
Resolution No. 98-63, Canvassing the returns of the November P General Election
Resolution No. 98-64, Requesting Municipal State Aid Funds for 3e Street North
Mayor: Lake Elmo City Council
Wyn John
Councilmembers: Thursday
Steve DeLapp
Susan Dunn NOVEMBER 5, 1998
Lee Hunt
Karen Johnston ***Date of meeting has been changed because of the
November 3rd General Election****
3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615(fax)
LakeElmoMK@aol.com
E-Mail
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.
Agenda
Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
October 20, 1998
3. Claims
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Resignation of Mayor Wyn John
B. Resolution Canvassing November 3rd
General Election
C. Tim Freeman — Clarification on Council
Action relating to removal of
Engstrom/Screaton from moratorium.
D. Planning Commission Vacancy
1. Interview Greta Gauthier and Eric
Lipman
5. CONSENT AGENDA*
*Consent agenda items are generally defined as
items of routine business, not requiring
discussion, & approved in one vote. Council
members may elect to pull a Consent Agenda
items (s) for discussion and/or separate action.
A. Resolution requesting Municipal State Aid
Funds for 301h Street North
6. MAINTENANCE/PARKS/FIRE/BUILDING:
Dan Olinger
A. Municipal Well Maintenance
DTN Weather Center
CITY ENGINEER'S REPORT:
Lake Elmo City Council Agenda
November 5, 1998
Paee 2
7. PLANNING, LAND USE & ZONING
C. Dillerud
A. Data Processing Upgrade Program
B. Zoning Text Amendment — Accessory
Structures
C. City Code Amendment — Snow Fencing
D. Livable Communities Act —Housing
Action Plan
E. Comprehensive Plan Amendment —
Northeast Annexed Area
F. Fire Sprinklers— Countryside Wood
Products
9. CITY ATTORNEY'S REPORT:
10. CITY COUNCIL REPORTS:
A. Council Member DeLapp
B. Council Member Dunn
C. Council Member Hunt
D. Council Member Johnston
11. UNFINISHED BUSINESS:
A. Nile Fellows, MPCA — Reclamation
Plan for SWI
B. Amortization of Non -conforming uses
(Passed on to Planning and Village
Commission)
C. Workshop with Tautges and Redpath
on Fiscal Disparities: November 16,
1998, 6 p.m.
D. Joint Meeting with surrounding
communities
E. Farmington MSA Text
F. Stonegate Trails
G. Road Curbs
H. Highway 36 speeds
I. Trail Maintenance Policy
J. Agreement with OPH for grading and
snowplowing east half of 55"' St.
I{. Street Lights — pay and location
O. Modifications of OP Standards
P. Workshop with propertyowners
requesting removal from Development
Moratorium of Village Study Area
Q. Workshop on separated bike/pedestrian
trail along CSAH17
R. Appeal by Countryside Pool & Spa on
November 17
S. Solid Waste Ordinance
12. CITY ADMINISTRATOR'S REPORT
A. Other
Lake Elmo City Council Agenda
November 5, 1998
Page 3
13. Adjourn
14. MEETINGS:
November 16, 6 p.m.
Workshop with Tautges,
Redpath and Springsted