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HomeMy WebLinkAbout01-19-99 CCMMINUTES APPROVED: February 2, 1999 LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 1. AGENDA 2. MINUTES: January 5, 1999 3. CLAIMS 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Lake Elmo Jaycee Proclamation: Rand Wagner B. Presentation of check by Lake Elmo Jaycees to Fire Dept.: Rand Wagner C. Presentation to Eagle Scouts, Daniel Martin and James Martin D. Resolution authorizing application and primary contact person for landscaping along Highway 5: Lynne Yoch E. Report on Conference: Jim McNamara F. Date of Local Board of Review changed G. Oak Park Heights.PJanning Commission Public Hearing 5. CONSENT AGENDA: A. Sand Creels Renewal Agreement 6. MAINTENANCE/PARKS/FIRE/BUILDING: A. Appointments to Parks Commission B. Appeal to Administrative Action:Steve and Joan Ziertman C. Legion Avenue 201 Lift Station 7. CITY ENGINEER'S REPORT: A. CSAH 17 Bike Trail 8. PLANNING, LAND USE & ZONING: A. Resolution Adopting Application Fees/Escrows B. Preliminary Plat for Collopy Hills: Abbott/Friederichs C. Livable Communities Act 9. CITY ATTORNEY'S REPORT: None 10. CITY COUNCIL REPORTS: A. Mayor Hunt: Presentation of Proposed 1999 City Work Plan B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow 11. UNFINSIHED BUSINESS: A. Nile Fellows, MPCA — Reclamation Plan for SW-1 B. Amortization of Non -conforming uses (Passed on to Planning and Village Commission) C. Joint Meeting with surrounding communities D. Farmington MSA Text E. Stonegate Trails F. Road Curbs (1-5-99 Two month deadline) G. Trail Maintenance Policy H. Agreement with OPH for grading and snowplowing east half of 55`h Street I. Modifications of OP Standards J. Street Light Policy (12-1-98) K. Set date for joint workshop with PZ on PF (12-1-98) LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 L. Cat Ordinance (1-5-99) M. Update on process by State for Highway 36 (I-5-99) N. Contract for Building Inspection Services, Personnel Policy on Conferences (1-5-99) 12. CITY ADMINISTRATOR'S REPORT: A. Dates for meeting with SW WD B. Woodbury Drive Improvements: Informational C. Contract with Colle, McVoy for Public Relations Support for Consolidation D. DRAFT Plan for Merger Implementation for Lake Elmo/Baytown Township Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Planner Dillcrud, City Attorney Filla, City Engineer Prew, City Administrator Kueffner, Building Official Jim McNamara and Maintenance Supervisor Dan Olinger. 1. AGENDA M/S/P DeLapp/Dunn — to approve the January 19, 1999 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: January 5, 1999 M/S/P Dunn/Armstrong — to approve the January 5, 1999 City Council minutes, as amended. (Motion passed 5-0). 3. CLAIMS M/S/F Siedow/Hunt — to reopen the January 5, 1999 Claims to discuss the claim for the Stillwater Area Chamber. (Motion failed 2-3:Dunn, Armstrong, DeLapp). M/S/P DeLapp/Armstrong — to approve the January 19, 1999 Claims, as presented. (Motion passed 5-0). 4. PUBLIC INOUIRIESANFORMATIONAL: A. Lake Elmo Jaycee Proclamation: Rand Wagner MAYOR HUNT PROCLAIMED THE WEEK OF JANUARY 17Tu TO 23' , 1999, AS JAYCEE WEEK AND URGE ALL CITIZENS OF OUR COMMUNITY TO GIVE FULL REGARD TO THE PAST AND CONTINUING SERVICE OF THE JAYCEES, B. Presentation of check by Lake Elmo Jaycees to Fire Dept.: Rand Wagner On behalf of the Lake Elmo Jaycees, Rand Wagner presented Fire Chief Dick Sachs a check for $5,024 for purchase of gear lockers. Chief Sachs thanked the Lake Elmo Jaycees for their continuous support. C. Presentation to Eagle Scouts, Daniel Martin and James Martin Mayor Hunt presented achievement awards congratulating Daniel Martin and James Martin, 5110 Hilltop, in obtaining their Eagle Scout Badges. D. Resolution authorizing application and primary contact person for landscaping along Highway 5: Lynne Yoch In 1998, the Council supported by resolution a request from residents authorizing the application and primary contact person for a Lake Elmo/Mn/DOT Partnership Project. This partnership allowed for the planting of approximately 65 trees along the Highway 5 corridor adjacent to Beaut Crest. Lynne Yoch gave a brief update on last year's efforts. Staff supported this effort. M/S/P DeLapp/Dunn — to adopt Resolution No. 99-5 authorizing application and primary contact person for Lake Elmo/Mn/DOT Partnership Project on Highway 5. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 E. Report on Conference: Jim McNamara Lake Elmo Building Official, Jim McNamara, reported on his attendance at the I.C.B.O Evaluation Services conference in Los Angeles on January 6-8, 1999. F. Date of Local Board of Review changed At the January 5's meeting, the City Council announced the Local Board of Review is scheduled for April 20, 1999, from 4:00 p.m. to 6 :00 p.m. Because this is a City Council meeting night, the date has been changed to Wednesday, May 5, 1999 from 4:00 to 6:00 p.m. at City Hall. G. Oak Park Heights Planning Commission Public Hearing The Oak Park Heights Planning Commission will continue its public hearing on their comprehensive plan on Thursday, January 21, 1999 at 7 p.m. City Planner Dillerud will attend and reiterate the City's opposition to sections of the Oak Park Height's comprehensive plan. M/S/P Hunt/DeLapp — to direct the City Administrator to prepare a letter to the Oak Park Heights Planning Commission expressing the Lake Elmo's opposition to the aforementioned sections to Oak Park Heights Comprehensive Plan. (Motion passed 5-0). 5. CONSENT AGENDA: A. Sand Creek Renewal Agreement Administrator Kueffner reported the City is required by Federal Law to have a Drug Testing Program in place for anyone that operates heavy equipment for the City. The City contracts with Sand Creek for that service, which also includes an Employee Assistance Program. The annual fee has not increased, and staff recommended approval of this agreement. M/S/P DeLapp/Siedow — to approve renewal of the Employee Assistance Program contract with Sand Creek at a cost of $750 per year. (Motion passed 5-0). 6. MAINTENANCE/PARK/FIRE/BUILDING: A. Appointments to Parks Commission Karen Leach has indicated her desire for reappointment to the Parks Commission. Applications from David Steele and David Pletscher have been received. M/S/P DeLapp/Dunn — to appoint Karen Leach to a three year term on the Parks Commission (January, 1999 through December 2001); and to appoint David Steele, 9576 55`" Street N., and David PletschW771 Julep Avenue N., to the Parks Commission as first and second alternate respectively. (Motion passed 5-0). Appeal to Administrative Action: Steve and Joan Ziertman. The Building Official determined the set back for the snow fence to be 125 feet from the south or east property line of his property. Steve and Joan Ziertman, 5761 Keats Avenue, are appealing the direction of the Code Enforcement Officer's letter dated December 10, 1998. The Ziertman's have furnished background information on several issues, which goes beyond the scope of this specific appeal, but they thought it necessary to give the Council this background information. According to Attorney Filla, the Zierhnan fence was constructed in November of 1997. If the fence was in compliance with the City Code in 1997, it became a non -conforming accessory use on December 4, 1998. Non -conforming accessory uses are allowed to continue for a reasonable length of time, but cannot be expanded. LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 change to 33 and 5 acres, respectively. Because the site is zoned RR, and one of the resulting parcels is proposed to be less than 10 acres in area, the applicant utilized the Cluster Platting provision of the Zoning District. A significant condition of the Planning Commission recommendation is that County records regarding the resulting 33-acre parcel reflect the fact that the Cluster Zoning provisions were applied. Because of that process, only 1 additional division may be made of the 33-acre parcel to maintain the 4-units/40 acre ratio required across the entire 38-acre site. The Council discussed what the best way this condition for only one division could be preserved. Councilor DeLapp offered the following motion: M/S/F DeLapp/Dunn — to add a mechanism allowing not more than two lots through use of a third party, (use language as in our cluster ordinance). (Motion failed 2-3:11unt, Siedow, Armstrong). The Council also discussed the proposed width of Kelvin Avenue to be scaled down and the style of cul-de- sac. Maintenance Foreman Olinger preferred extending Kelvin Avenue the same width that the road is now and had a concern on the radius of the cul-de-sac for ease in snowplowing. A dead end or other styles of cul-de-sacs could be considered. Since there is no Homeowners Association for this development, Olinger asked who would be responsible for maintaining the Center Island within the cul-de-sac? M/S/P Dunn/Siedow — that Kelvin Avenue not be constructed any wider than existing, that the cul-de-sac be constructed in a teardrop style as suggested by Tom Prew in letter dated January 4, 1999, and if an island is located within it, which it could, the City does not consider it their responsibility to maintain. (Motion passed 5-0). Administrator Kueffner pointed out that there should be no commercial operation such as boarding of horses or a horse stable and arena on the property without the City's permission. Tim Freeman, representing the applicant, stated his client is very aware of this regulation and there is no commercial operation on the property. M/S/P Dunn/DeLapp — to adopt Resolution No. 99-7, (as amended: deleting Condition No. 2), A Resolution approving the Preliminary Plat for the Abbott/Friederichs property, Collopy Hills. (Motion passed 5-0). C. Livable Communities Act At its January 5, 1999 meeting, the City Council tabled consideration of a resolution that would continue the participation of Lake Elmo in the State Livable Communities Act for calendar 1999. The Council directed staff to determine if the Village Planning Grant received by the City, but work under which is not yet completed, would be jeopardized if the City decided not to continue its participation in Livable Communities. In his letter of January 14, the City Attorney advised the City that neither the Grant Agreement nor the State Enabling Legislation for Livable Communities would appear to require participation by the City to retain the funding under the Grant. M/S/P DeLapp/Siedow — to adopt Resolution No. 99-8, A Resolution electing to continue participating in the local housing incentives account program under the Metropolitan Livable Communities Act with the knowledge that the City can withdraw participation anytime during the year. (Motion passed 3-2:Dmm, Armstrong: Has a problem with the Met Council offering money to influence the City, The Met Council is holding something over our head that we don't need. Mayor Hunt stated he voted for the motion because the current development pattern is progressing toward our goals). 9. CITY ATTORNEY'S REPORT: None LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 The Council decided that the fence is an illegal use because it was not in compliance with the City's regulation in 1997 and is not in compliance with the City's current regulations. The Ziertman's indicated that the fence was installed as a protest of what they consider to is illegal construction on their neighbor's property which they believe negatively impact them. The Council asked the Ziertman's to resubmit their complaints so the City can insert them into the Complaint Log. M/S/P Siedow/Dunn — that the City finds that the Ziertman fence was not in compliance with the City's regulations in 1997 when installed and is not in compliance with the City's 1998 regulations, therefore, it is an illegal use and should be removed by April 15, 1999. This date was set because the fence posts will be difficult to remove due to the frost in the ground. (Motion 4-1:Dunn:The City should not be used for personal squabbles.) E. Legion Avenue 201 Lift Station Maintenance Foreman, Dan Olinger; reported a problem with the Legion Avenue 201 Lift Station. Lametti and Sons is the only company interested in repairing the system by installing a temporary pipe above ground at a cost of $4,600 for time and material. This expense will come out of the $19,000 in the Enterprise Fund. M/S/P Siedow/DeLapp — to direct staff to proceed with installation of a temporary pipe above ground by Lametti and Sons from Hugo, MN, at an estimate of $4,600 for time and materials. (Motion passed 5-0). The Building Official received a request from a resident to hook up to the Legion Avenue 201 Lift Station. The City Engineer responded that the system can handle the addition, but suggested waiting until the permanent repairs are done to the lift station before the City considers the request. 7. CITY ENGINEER'S REPORT: A. CSAI-I 17 Bike Trail In his memo dated December 29,1998, Tom Prew felt that this possible link between the Tri-Lakes area and the Old Village could be a vital part of the Old Village Plan. No motion was made. The Council thanked the City Engineer for bringing this request to them, but wanted to wait until the Village Plan was completed and then the City could look at a bike trail in an overall plan. 8. PLANNING, LAND USE & ZONING: A. Resolution Adopting Application Fees/Escrows The staff recommended a restructuring of the Fee Schedule related to Planning and Zoning City review process. Planner Dillerud explained this proposal is based on inequities detected within the existing fee structure; an effort to reduce the time consuming record keeping functions of the escrow system, and an effort to fully compensate the City for P&Z review functions, and reduce the burden on the property tax in the process. M/S/P DeLapp/Armstrong — to adopt Resolution No. 99-6 establishing application fees for Planning and Zoning applications and to direct the Finance Director to set up a separate Revenue Account for Plat Administrative Fees; and City invoicing of Administrative Fees for existing Development Agreements at the 2% of construction cost rate, with credit for "pass through fees" paid to date. (Motion passed 5-0). B. Preliminary Plat for Collopy Hills: Abbott/Friederichs At its January 11, 1999 meeting, the Planning Commission adopted a recommendation for approval of this preliminary plat to adjust an existing property line between two land parcels, currently 28 acres and 10 acres in size, respectively. The Planning Commission also approved a Zoning Ordinance Variance to permit a 5.28:1 length/width aspect ratio for proposed Lot 1, where the Zoning Ordinance requires a maximum 3:1 aspect ratio. Planner Dillerud reported that upon plat approval, the parcel sizes would LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 change to 33 and 5 acres, respectively. Because the site is zoned RR, and one of the resulting parcels is proposed to be less than 10 acres in area, the applicant utilized the Cluster Platting provision of the Zoning, District. A significant condition of the Planning Commission recommendation is that County records regarding the resulting 33-acre parcel reflect the fact that the Cluster Zoning provisions were applied. Because of that process, only I additional division may be made of the 33-acre parcel to maintain the 4-units/40 acre ratio required across the entire 38-acre site. The Council discussed what the best way this condition for only one division could be preserved. Councilor DeLapp offered the following motion: M/S/F DeLapp/Dunn — to add a mechanism allowing not more than two lots through use of a third party, (use language as in our cluster ordinance). (Motion failed 2-3:Hunt, Siedow, Armstrong), The Council also discussed the proposed width of Kelvin Avenue to be scaled down and the style of cul-de- sac. Maintenance Foreman Olinger preferred extending Kelvin Avenue the same width that the road is now and had a concern on the radius of the cul-de-sac for ease in snowplowing. A dead end or other styles of cul-de-sacs could be considered. Since there is no Homeowners Association for this development, Olinger asked who would be responsible for maintaining the Center Island within the cul-de-sac? M/S/P Dunn/Siedow — that Kelvin Avenue not be constructed any wider than existing, that the cul-de-sac be constructed in a teardrop style as suggested by Tom Prew in letter dated January 4, 1999, and if an island is located within it, which it could, the City does not consider it their responsibility to maintain. (Motion passed 5-0). Administrator Kueffner pointed out that there should be no commercial operation such as boarding of horses or a horse stable and arena on the property without the City's permission. Tim Freeman, representing the applicant, stated his client is very aware of this regulation and there is no commercial operation on the property. M/SM Dunn/DeLapp — to adopt Resolution No. 99-7, (as amended: deleting Condition No. 2), A Resolution approving the Preliminary Plat for the Abbott/Friederichs property, Collopy Hills. (Motion passed 5-0). C. Livable Communities Act At its January 5, 1999 meeting, the City Council tabled consideration of a resolution that would continue the participation of Lake Elmo in the State Livable Communities Act for calendar 1999. The Council directed staff to determine if the Village Planning Grant received by the City, but work under which is not yet completed, would be jeopardized if the City decided not to continue its participation in Livable Communities. In his letter of January 14, the City Attorney advised the City that neither the Grant Agreement nor the State Enabling Legislation for Livable Communities would appear to require participation by the City to retain the funding under the Grant. M/S/P DeLapp/Siedow — to adopt Resolution No. 99-8, A Resolution electing to continue participating in the local housing incentives account program under the Metropolitan Livable Communities Act with the knowledge that the City can withdraw participation anytime during the year. (Motion passed 3-2:Dunn, Armstrong: Has a problem with the Met Council offering money to influence the City, The Met Council is holding something over our head that we don't need. Mayor Hunt stated he voted for the motion because the current development pattern is progressing toward our goals). 9. CITY ATTORNEY'S REPORT: None LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 10. CITY COUNCIL REPORTS: A. Mayor Hunt: Presentation of Proposed 1999 City Work Plan Mayor Hunt had met with the City Administrator and City Planner to review the Proposed Initiatives for the City in 1999, which were presented at the meeting. Administrator Kueffner indicated the staff would work on placing these proposed initiatives into a plan within the next two months. Council member DeLapp asked about Baytown Township getting cable so they can watch Lake Elmo's Council meetings and get updates on the Lake Elmo/Baytown consolidation. M/S/P Dunn/DeLapp — that the Council sends its suggestions on the presentation of the Proposed Initiatives for the City in 1999 to the City staff. (Motion passed 5-0). Mayor Hunt attended the burning of the farmhouse at 9678 Hudson Blvd. on January 9, 1999. The property had a string of problems with the man who rented the property for more than 20 years, This house, which was burned down to the ground, provided a training drill for four fire departments. B. Council Member DeLapp C. Council Member Dunn thanked the City Planner and staff member, Cindy Young, for putting on the Planning Seminar with Gunnar Isberg, which should be continued on a yearly basis. D. Council Member Armstrong E. Council Member Siedow 11. UNFINSIHED BUSINESS: A. Nile Fellows, MPCA — Reclamation Plan for Sw-1 B. Amortization of Non -conforming uses (Passed on to Planning and Village Commission) C. Joint Meeting with surrounding communities D. Farmington MSA Test E. Stonegate Trails F. Road Curbs (1-5-99 Two month deadline) G. Trail Maintenance Policy - H. Agreement with OPF for grading and snowplowing east half of 55°1 Street I. Modifications of OP Standards J. Street Light Policy (12-1-98) K. Set date for joint workshop with PZ on PF (12-1-98) M/S/P Dunn/DeLapp —to set Tuesday, February 9, 1999, 7 p.m., as a joint workshop with the CC/PZ to discuss the new proposed Public Facility Ordinance. Meeting notices will be sent to the churches. (Motion passed 5-0). L. Cat Ordinance (1-5-99) M. Update on process by State for Highway 36 (1-5-99) N. Contract for Building Inspection Services, Personnel Policy on Conferences (1-5-99) 12. CITY ADMINISTRATOR'S REPORT: A. Dates for meeting with SW WD Administrator Kueffner confirmed February 2, 1999, 6 p.m., with the SWWD for a meeting with the Council to discuss Watershed Rules and Financing Plan. M/S/P Armstrong/DeLapp — to set a meeting with the SW WD for Tuesday, February 2, 1999 at 6 p.m., before the regular Council meeting. Lunches will be brought in for the Council. (Motion passed 5-0). B. Woodbury Drive Improvements: Informational The City received a notice from the City of Woodbury announcing an upcoming public hearing and open house on January 28, 1999, from 5:30 to 8:30 p.m., on the proposal under consideration for the reconstruction of Woodbury Drive. LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 C. Contract with Colle, McVey for Public Relations Support for Consolidation Administrator Kueffner received a draft contract proposal with Colle, McVey for public relations support for the upcoming consolidation referendum and provided copies to the Council and City Attorney at the meeting. The Council will review the contract and discuss it at the February 2id Council meeting. D. Administrator Kueffner handed out the DRAFT plan for Merger Implementation for Lake Elmo/Baytown Township. The next Consolidation steering committee meeting is scheduled for January 21, 1999. The Council adjourned the meeting at 10:30 p.m. Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 99-5 Authorizing application and primary contact person for Lake Elmo/MnDot Partnership Project on Highway 5 Resolution No. 99-6 Establishing Application Fees for Planning and Zoning Applications Resolution No. 99-7 Approving the Preliminary Plat for Collopy Hills, Abbott/Friederichs property Resolution No. 99-8 Electing to continue participating in the local housing incentives account program under the Metropolitan Livable Communities Act LAKE ELMO CITY COUNCIL MINUTES JANUARY 19, 1999 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday JANUARY 19, 1999 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 recogni7 Comments that are pertinent are appreciated. Items maybe continued to a future meetin._ d additional time is needed before a decision can be made. �( Agenda Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes January 5, 1999 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Lake Elmo Jaycee Mayor Hunt Proclamation:RandWagner B. Presentation of check by Lake Elmo Jaycees to Fire Dept: Rand Wagner Mayor Hunt C. Presentation to Eagle Scouts, Daniel Mayor Hunt Martin and James Martin D. Resolution authorizing application and MLK primary contact person for landscaping along Hwy S:Lynne Yoch E. Report on Conference:Jim McNamara JMcNamara F. Date of Local Board of Review changed SLL 5. CONSENT AGENDA: A. Sand Creek Renewal Agreement 6. MAINTENANCE/PARK/FIRE/BUILDING MLK A. Appointment to Parks Commission B. Appeal to Administrative Action 7. CITY ENGINEER'S REPORT: Tom Prew A. CSAH 17 Bike Trail B. Other Lake Elmo City Council Agenda January 19, 1999 Page 2 S. PLANNING, LAND USE & ZONING C. Dillerud A. Resolution Adopting Application Fees/Escrows B. Preliminary Plat for Collopy Hills: Abbott/Friederichs C. Livable Communities Act D. Other 9. CITY ATTORNEY'S REPORT: 10. CITY COUNCIL REPORTS: A. Mayor Hunt: Presentation of Proposed 1999 City Work Plan B. Council Member DeLaPp C. Council Member Dunn D. Council Member Armstrong D. Council Member Siedow 11. UNFINISHED BUSINESS: A. Nile Fellows, MPCA — Reclamation Plan for SW1 B. Amortization of Non -conforming uses (Passed on to Planning and Village Commission) C. Joint Meeting with surrounding communities D. Farmington MSA Text E. Stonegate Trails F. Road Curbs (1-5-99 Two month deadline) G. Trail Maintenance Policy H. Agreement with OPH for grading and snowplowing east half of 55" St. L Modifications of OP Standards J. Street Light Policy (12-1-98) K. Set date for joint workshop with PZ on PF (12-1-98) L. Cat Ordinance (1-5-99) M. Update on process by State for Hwy 36 (1-5-99) N. Contract for Building Inspection Services, Personnel Policy on Conferences (1-5-99) 12. CITY ADMINISTRATOR'S REPORT MLK A. Dates for meeting with SWWD B. Woodbury Drive Improvements: Informational 13. Adjourn Volunteer Recognition Party 1-29-99