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HomeMy WebLinkAbout10-05-99 CCMMINUTES APPROVED: October 19. 1999 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1999 1. AGENDA 2. MINUTES; September 21, 1999 3. CLAIMS 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 5. CONSENT AGENDA:None 6. MAINTENANCE/PARK/FIRE/BUILDING: A. Accessory building closer to front propertyline: Jim Schwalbach, 4555 Olson Lake Trail 7. CITY ENGINEER'S REPORT: A. Escrow Reduction: Tamarack Farm, Prairie Hamlet, Hamlet on Sunfish Lake 8. PLANNING, LAND USE & ZONING: A. Minor Subdivision: Rhonda Smothers, 11049 60" Street B. PUBLIC HEARING: Vacation of easements at the Homestead OP C. Comprehensive Plan Amendment— Stillwater Investment 9. CITY ATTORNEY'S REPORT:None 10. CITY COUNCIL REPORTS: 11. UNFINISHED BUSINESS: 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. Reschedule November 2 City Council Meeting B. Workshop on water utilities C. Discussion on 50a' Street Mayor Hunt called the council meeting to order at 7:00 p.m. in the Council chambers: PRESENT: Siedow, Dunn, Hunt, DeLapp, City Planner Dillerud, City Engineer Prew, City Attorney Filla and Building Official Jim McNamara. ABSENT: Council member Armstrong and Administrator Kueffner 1. AGENDA M/S/P DeLapp/Dunn — to approve the October 5, 1999 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: September 21, 1999 M/S/P Siedow/Dunn —to approve the September 21, 1999 City Council Minutes, as presented. (Motion passed 4-0) 3. CLAIMS M/S/P DeLapp/Dunn — to approve the October 5, 1999 Claims, as presented. (Motion passed 4-0). 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries Liz Johnson, 2945 Lake Elmo Avenue N., read a prepared statement, that is made part of the minutes, which included questions on the process residents need to go through to bring forth a project. City Planner Dillerud reminded the Council that he was given direction to prioritize work that needed to be done. The Open Space Preservation Ordinance, the Public Facilities Ordinance, and the city's Comprehensive Plan are due by the end of the year. If the priorities need to be changed, he requested direction. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1999 M/S/P Dunn/DeLapp - to direct staff to prepare response to questions submitted, outline the steps for processing the application and a timeline to be addressed at the October 19'h City Council meeting. (Motion passed 4-0). Councilmember DeLapp asked if an amendment should be made to the motion requesting the applicant provides legal foundation for the lot split. W.C. Blanton, attorney for Steve Johnson and a neighbor, stated Mr. Johnson owns the property and had nothing to do with subdividing the property. Mr. Johnson is interested in making the downtown look better. It was suggested that the issues and process be printed in the City newsletter. 5. CONSENT AGENDA 6. MAINTENANCE/PARIUFIRE/BUILDING: B. Accessory Building closer to front propertyline: Jim Schwalbach, 4555 Olson Lake Trail Jim Schwalbach, 4555 Olson Lake Trail, requested Council approval to construct a detached garage on their property. Mr. Schwalbach explained this is lake front property and the only place to construct a garage is closer to the roadside property line that the main structure. Building Official Jim McNamara stated Section 300.13, Subd. 31, allows this request by resolution of the City Council. Because of the proposed location, the existing drainfreld will be updated as proposed by AAA Pollution Control. M/S/P DeLapp/Siedow — to adopt Resolution No. 99-66, A Resolution approving the placement of an accessory structure in front of the primary structure at 4555 Olson Lake Trail with the understanding that the septic system will be remedied. (Motion passed 4-0). 7. CITY ENGINEER'S REPORT: B. Escrow Reduction: Tamarack Farm, Prairie Hamlet, Hamlet on Sunfish Lake In his September 30, 1999 memo, Torn Prew reported the developer of Tamarack Farm Estates has completed nearly all work and recommended reduction of the letter of credit to $8,750.00. M/S/P Dunn/DeLapp — to approve the reduction of the letter of credit for Tamarack Farm Estates to $8,750.00 per the City Engineer's recommendation. (Motion passed 4-0). In his September 20, 1999 memo, Tom Prow reported he has received invoices for the final paving work for Prairie Hamlet. Prew also reviewed the tree plantings in the field with the owner and recommended reduction of the escrow to $10,000.00. M/S/P Siedow/Dunn — to approve the escrow reduction for Prairie Hamlet to $10,000.00 per the recommendation of the City Engineer. (Motion passed 4-0), In his memo dated September 29, 1999, Tom Prew reported the developer of Hamlet on Sunfish Lake replanted the trees and is now completing final clean up on the site. Prow recommended the escrow be reduced to $7,050.00. M/S/P DeLapp/Siedow — to approve the reduction of the letter of credit for Hamlet on Sunfish Lake to $7,050.00 per the recommendation of the City Engineer. (Motion passed 4-0). 8. PLANNING. LAND USE & ZONING: A. Minor Subdivision: Rhonda Smothers, 11049 60`h Street At its September 27, 1999 meeting, the Planning Commission unanimously adopted a recommendation to approve this Minor Subdivision application to enlarge an existing 2+ acre parcel (with an in -place residence) to 5 acres by detaching 3 acres from two vacant adjoining existing parcels totaling 48 acres. The Planning Commission approved a variance to the RR Zoning standards to allow the resulting 5-acre parcel in the RR zone. (A condition of the Minor Subdivision recommendation). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1999 2 Planner Dillerud reported the history of this site is lengthy with errors and lapses by all parties. By its variance approval and Minor Subdivision recommendation, the Commission desired permanent resolution of the issues based on Findings that circumstances here are unique as to avoid setting precedent or undermining the Zoning Ordinance. M/S/P Dunn/DeLapp — to approve Resolution No. 99-67, A Resolution approving a Minor Subdivision for Rhonda Smothers/Leroy Rossow based on the Planning Commission recommendation and conditions. (Motion passed 4-0). B. PUBLIC HEARING: Vacation of easements at the Homestead OP The public hearing notice was published in the Stillwater Gazette and the affected property owners were notified of the hearing to consider vacation of the existing platted drainage and utility easements along the former lot lines, which after combination/reduction, are now in the middle of the new lots. Mayor Hunt opened up the public hearing at 7:35 p.m. in the Council chambers There was no one to speak for or against the vacation request. Mayor Hunt closed the public hearing at 7:36 p.m. On September 7, 1999 the City Council approved a Minor Subdivision application to combine and re- divide three existing lots of The Homestead OP into two new larger lots. Planner Dillerud pointed out a condition of that approval was the dedication of new drainage and utility easements along the new property lines. Those easements have been prepared by the applicant and approved by the City Engineer and City Attorney. M/S/P DeLapp/Dunn — to approve Resolution No. 99-68, A Resolution vacating existing platted drainage and utility easements along Block 1, Lots 13/14 and Block 1, Lots 12/13 in the Homestead, as recommended by the City Staff. (Motion passed 4-0). C. Comprehensive Plan Amendment — Stillwater Investment Administrator Kueffner is continuing discussion wit the applicant regarding potential development planning for this site. Significant progress has been made toward blending the plans of Stillwater Investment with those of Lake Elmo. By its October 1, 1999 letter, Stillwater Investment, on its own behalf and as an agent for Ms. Smith, has requested an extension for the time period within which the Council must act on its application to November 2, 1999. The staff recommended the Council accepts the applicant's request and extends the time period. M/S/P DeLapp/Dunn — to defer consideration of the application for Comprehensive Plan Amendment by Stillwater Investment to the meeting of November 2, 1999, 8 p.m., based on the applicant's request letter of October 1, 1999. (Motion passed 4-0). 9. CITY ATTORNEY'S REPORT: NONE 10. CITY COUNCIL REPORTS: Council Member Dunn asked that the extra bonuses be removed now that OP Zoning is not mandatory. OP Developments are being approved that are very dense and does not want transfer of density to be the norm. 11. UNFINISHED BUSINESS: 12. NEW BUSINESS: LAKE ELMO CITY COUNCIL MINUTES OCTOBER 5, 1999 PROCESS QUESTIONS — October 5, 1999 City of Lake Elmo Council Meeting I have a couple of questions on the process that citizens of Lake Elmo need to go through when bringing forth a project. But first there is some background I'd like to share to assure we are all on the same page. • For over three years we have been trying to work with the City Administration and the City Council to move and renovate the storage buildings east of Lake Elmo Avenue by the railroad tracks. • The buildings were built in early 1900's as storage units. They have not changed their function for over 95 years. • In 1987, the City repealed the Industrial Zoning district in the area of the sheds. To date this property has not had zoning attached to it since the repeal of Industrial Zoning. That was 12 years ago. • On August 11, 1997, the City of Lake Elmo Planning Commission supported our project and passed, with a 6-0 vote, to recommend Zoning District along the railroad tracks just • Also in 1997, the City Council supported the that the City Administration provide create a Railroad/Utilities Lake Elmo Avenue. of our project and requested to support the project. • Before we could move any further in the process, a building moratorium was, instituted in Lake Elmo, and our project was put on hold even though it was already in the works and on the table. • This spring, when the moratorium went off, we went to the City Administration to get this project back on the road to a solution. We were directed to connect with the new Lake Elmo Village Commission, which our project was approved by the Village Commission on May 12, 1999, with a 5-2 vote to recommend the City support the concept of relocating and renovating the storage buildings east of Lake Elmo Avenue. • On July 20, 1999, the project was once again in front of the City Council and passed in concept of the project with a vote of 4-1, and directed the staff to proceed with the zoning, based on the Village Commission's recommendation. When asked, Mr. Dillerude, the City Planner, and Mr. Filla, the City Attorney stated that these matters can easily and quickly be accomplished. • In August we were requested to attend the August 17`' City Council Meeting due to the fact that some City Council members had some questions in regards to our project that were recorded in the July 20`h meeting minutes and would like our presence when this was discussed. Councilwoman Rosemary Armstrong stated at the August 17`h meeting that she was confused and didn't understand what she was voting for on July 20`' and wanted to change her vote, and stated that the City of Lake Elmo does not allow storage in our community. The vote was changed to 3-2, which still directed the City Administration to proceed with zoning options. The City does have storage in Lake Elmo. In fact, Councilwoman Armstrong has direct personal ties with the largest storage facility in Lake Elmo. I understand that her family's storage was grandfathered in, but so is ours, due to the fact that in the early 1900's our building was built for storage and has not changed it's function since that time. • In early September, we were informed by the City Administration that we needed to go back through the process all over again with the Planning Commission, pay $5,000 (which was reduced to $1,000) even though we had already gone through that route, received a 6-0 vote in favor of our project. When asked why we needed to do this, we were not given clear information to help us understand. 3 TO HELP ME UNDERSTAND WHAT IS HAPPENING, I HAVE SOME QUESTIONS. YOU MAY NOT BE ABLE TO ANSWER ALL OF THEM AT THIS TIME, BUT I WANT THEM ON RECORD. MY QUESTIONS ARE: • We are not new to this community as we have lived here for over 20 years, but why would ANY citizen of Lake Elmo be treated in the manner in which we have been treated, as we have NOT been treated with dignity and respect by City Administration? Does not the City Council work on behalf of the Citizens of Lake Elmo, and does not the City Administration take its direction from the City Council? • Why does a small project like ours, which will be paid fully by us, won't put any burden on city services, and which actually helps with the identified parking problem, get put through the hoops, and then asked to repeat those hoops multiple times, when we are not a Fortis, State Farm, or a Health East type of project that is looking for city services? • Why does City Administration not follow the directives of the City Council? In 1997 City Administration was directed to provide zoning options to support the project. To date this has not been done. In July 1999, City Administration was directed once again to figure out the zoning options to support the project, with the City Planner and City Attorney stating that this directive would be easily done. To date this has not been done. In August 1999, City Administration was directed for the third time to figure out the zoning options to support the project, and to date this has not been done. And why, in 1987 when the City repealed the zoning, the City Administration did not assure that zoning was placed on this property within 90 days per state guidelines? • Why do we need to go back through the Planning Commission and pay $1,000? (Is it the assumption that we want it REZONED and that there is a fee involved in rezoning, which then must go through the Planning Commission? We are not asking for it to be REZONED, we are asking to move and renovate existing storage sheds. The City is responsible to create zoning, which should have been done in 1987 when the previous zoning was repealed. Why are we being penalized and expected to pay, when this is something the City should have done 12 years ago?) • Why have we not received a response to the letter our attorney sent (dated September, 13) to Mayor Hunt, with a copy going to the City Attorney? As you can tell, our OVERALL basic question is WHY? We don't understand what is happening or why it is happening. We can only assume that City Administration is not doing their job as directed from the City Council. What do we expect? Steve and I expect a written document, detailing the steps that we are expected to do, what the City Administration is expected to do, and a timeline that would bring this proposed project to an end result. We also expect the timeline to be in a timelier manner than what has previously occurred. City Administration has had over two years to come up with zoning options. to support the project, as directed, and twelve years to rezone the property which. should have been completed within 90 days per state guidelines. Will our expectation be met? What guarantees will be put in place so that City Administration will follow the directives of the City Council? What timeframe will be placed on this request? Prepared by the Johnson Family (Steve & Liz) Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday October 5, 1999 3800 Laverne Avenue No. Lake Elmo, M 777-5510 777- LakeElmoMK E-Mail l 2 Please read: Since the City Council does not have time to discuss every point presented, it may preafw 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 City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes September 21, 1999 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. 5. CONSENT AGENDA: 6. MAINTENANCE/PARK/FIRE/BUILDING A. Accessory Building closer to front propertyline: Jim Schwalbach, 4555 Olson Lake Trail 7. CITY ENGINEER'S REPORT: Tom Prew A. Escrow Reductions: Tamarack Farms, Prairie Hamlet, Hamlet on Sunfish Lake 8. PLANNING, LAND USE & ZONING: C. Dillerud A. Minor Subdivision: Rhonda Smothers, 11049 60`h Street B. PUBLIC HEARING: Vacation of easements at the Homestead OP C. Comprehensive Plan Amendment — Stillwater Investment Lake Elmo City Council Agenda October 5, 1999 Page 2 9. CITY ATTORNEY'S REPORT: 10. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong D. Council Member Siedow 11. UNFINISHED BUSINESS: A. Stonegate Trails B. Trail Maintenance Policy C. Agreement with OPH for grading And snowplowing east half of 55'h St. D. Contract for Building Inspection Services (1-5-99) E. Lake Elmo Diary:Add to Work Plan F. Invite Jolene Servatius, MnDOT to Meeting (2-2-99) Council was asked to send its issues to the Administrator before a workshop date is set., G. RFP for Attorney (Criminal) H. Cat Ordinance I. E-Mail Transmission J. Staff Review on deserted house at 8961 37"' Street K. Upgrade of City Hall L. Open Space Ordinance 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT A. Reschedule November 2 Council Meeting Budget Public Hearing: November 30th, 5:30 p.m.