Loading...
HomeMy WebLinkAbout07-10-07 CCMCity of Lake Elmo City Hall 3800 Lake Elmo Avenue July 10, 2007 7 PM CITY COUNCIL MEETING AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C ATTENDANCE: _ Mayor Johnson, Council_ DeLapp, _ Johnson, _ Park, _Smith D. APPROVE THE AGENDA E. APPROVE MINUTES of July 19, 2007 (Delayed) F. PUBLIC COMMENTS/INQUIRIES: Meeting attendees wishing to address the city council On an item NOT on the regular agenda may speak for up to three minutes G. CONSENT AGENDA: Items are on the consent agenda because they are routine business and are not for discussion. 1. Approve resolution number 2007-049 for claims 2. Approve change order no. 7 for the Tablyn Parlc/Lake Elmo Heights water main extensions 3. Approve partial payment no. 8 for the Tablyn Park/Lake Elmo Heights water main extensions 4. Approve Resolution 2007-050 approving the preliminary plat of Whistling Valley III H. REGULAR AGENDA 5. Receive information on the draft Lake Elmo Comprehensive Airport Plan 6. Consider referral of the Ziertman's, 5761 Keats Avenue, concerns and claims to the League of Minnesota Cities Insurance Trust (LMCIT) for independent investigation and resolution 7. Consider annexing the northern half of the frontage road (Hudson Boulevard) along I-94 from the city of Woodbury into the city of Lake Elmo (Concurrent Annexation/Detachment for Hudson Boulevard) 8. Consider authorizing discussions with the St. Croix Valley Area Community Family Center regarding a future location in Lake Elmo 9. Give direction on the appointment process for appointments to commissions to. Consider the desirability of amending Ordinance 105.01 giving the city council the authority to waive or refund a fee I REPORTS AND ANNOUNCEMENTS (These are verbal updates and do not have to be added to the agenda.) • Mayor and Councilmembers • Administrator o Volunteer recognition event • Staff J. ADJOURN City of Lake Elmo City Council Meeting Minutes July 10, 2007 Mayor Johnston called the meeting to order at 7 PM. Everyone joined in the Pledge of Allegiance. Present: Mayor Johnston, Council members DeLapp, Johnson, Park and Smith Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla, City Planner Matzek, Assistant City Engineer Stempski and City Clerk Lumby Approval of Agenda: Motion: Council Member Johnson moved approval of the July 10, 2007 agenda, as amended. Council Member DeLapp seconded the motion. The motion passed unanimously. Approval of the June 19, 2007 minutes: (delayed) PUBLIC COMMENTS/INQUIRIES: Bob Engstrom, Robert Engstrom Company and member of the village planning team said they had talked to a Metropolitan Airport Commission representative who never mentioned this plan to extend the runways to his team members. He said they did not have any information that this proposal might be made and how it would affect the overall Lake Elmo village plan. As the developer of the Fields of St. Croix and Cloverdale Farms and hearing this plan might happen, he and homeowners are concerned about the jet traffic and considers this damnation without condemnation. Bob Schumacher, 9155 28th Street N, indicated how pleased he was with Park Construction who came to repair damage done to the street and laying the best sod along the side of the street. He also thanked the city for spraying calcium chloride on the gravel road. Susan Dunn, 11018 Upper 33`d Street, noted she made calls by phone to the Metropolitan Airport Commission, townships around Lake Elmo and residents regarding the Lake Elmo Airport Plan. She asked that the first and third council meeting agenda gets posted on the website to better inform residents. In response to Ms. Dunn's questions as to when the financial aspects be discussed on the I-94 to 30th Street infrastructure project, Administrator Hoyt responded the city will meet with a financial advisor to discuss scenarios in August and on July 18th , 7 p.m., there is a workshop with a specialist on land use development fees. LAKE ELMO CITY COUNCIL MINUTES JULY 10, 2007 1 Gust Kempf, 2685 Lake Elmo Avenue, stated he believes the proposed sewer and water project would ruin Lake Elmo and suggested installing the pipe along Manning Avenue rather than tearing up Lake Elmo Avenue or look into the possibility of going through the Lake Elmo Park Reserve.. How many people on the council have land to develop. Administrator Hoyt responded that no one wants to ruin the lake and there would be an update on the 20th to 30th Street sewer project at the July 17 council agenda. The Lake Elmo Avenue design will be approved in 2008. CONSENT AGENDA: Motion: Council Member DeLapp moved to take item #1 off the consent agenda to discuss claims. Council member Smith seconded the motion. The motion passed unanimously. • Approve Resolution no. 2007-049 for claim numbers 402, 403, DD1252 through DD1264, 31084 through 31100, 404, 405, DD1265 through DD1276, 31101 through 31112, 406, 31113 through 31157 in the total amount of $301,656.55 Motion: Council member DeLapp moved to approve item #1 claims on the consent agenda. Council member Smith seconded the motion. The motion passed unanimously. Motion: Council Member Johnson moved to approve items #2 and 93 on the consent agenda as identified. Council Member Park seconded the motion. The motion passed unanimously. Approve change order no. 7 for the Tablyn Park/Lake Elmo Heights water main extensions thereby increasing the contract amount by $11,506.75 to a total contract amount of $3,273,319.14 Approve partial payment no, 8 in the amount of $92,400.50 to be paid from the Project fund for the Tablyn Park/Lake Elmo Heights water main extensions Approve Resolution no. 2007-050 approve the preliminary plat of Whistling Valley III which was approved in concept on June 19, 2007 (Postponed until July 17th Council meeting) REGULAR AGENDA: Receive information on the draft Lake Elmo Comprehensive Airport Plan Administrator Hoyt explained the city council was being asked to receive information on the draft Lake Elmo Long -Term Comprehensive Plan from Bridget Rief, Metropolitan Airports Commission. Ms. Rief gave a presentation on the draft plan which she pointed out is a planning document and not an implementation document. The MAC representative stated that plans to extend two runways at the Lake Elmo airport would not invite new, larger airplanes to use the airport, but would serve mostly safety purposes. LAKE ELMO CITY COUNCIL MINUTES JULY 10, 2007 2 Mayor Johnston recognized correspondence with comments on the Lake Elmo Airport from Susan Dunn-11018 Upper 33rd St. N, Robert Eischen-11674 Stillwater Blvd., Mary Jean Dupuis, Richard Smith-11514 Stillwater Blvd. N. and Paul Nielsen, 4819 Lily Avenue N. The Council discussed the increased air traffic and noise pollution and impacts on current land uses, existing homes and on future developments. Most concerning was the zoning recommendations calling for a trapezoidal area beyond the end of all runways to be kept clear of buildings and other obstacles as a safety precaution and the ramifications this zoning would have on the city's village master plan. Bridgette Rief explained that any zoning issues related to expansion of the airport would be addressed by a 9 member zoning board that would include an independent chairperson, two representatives from MAC, and two representatives each from Lake Elmo, Baytown Township and West Lakeland Township. Ms. Rief added that she didn't know if the group would be the final authority on zoning issues or would function merely as an advisory body. Council member Smith indicated her opposition to the plan in that any of those zoning areas would reduce the value of existing homes by limiting future development of the property. In answer to her question if something would happen to one of those homes would they be able to rebuild or who would compensate the families, Ms. Rief responded she could not address the liability issue. Kent Grandlienard, 4477 Northbrook, Baytown Township and Chairman of the Baytown Board, stated Baytown Township is opposed to the runway extension and believed installation of sewer was not necessary, but development driven. He said the township has been talking to MAC about their plan for a long time. Paul Nielsen 4819 Lily Avenue, encouraged the council to not accept the airport expansion proposal and have the city attorney write a letter incorporating everyone's concerns and, if necessary, engage our legislatures to support the city's decision. Dave and Nicole Mathes, 12456 401h Street N., Baytown Township, indicated they moved to Baytown seven months ago and live directly south of the airport. They are concerned about how the airport noise, safety concerns of the runway extension which will affect their land values and the possibility of getting a loan. Ms. Mathes asked how MAC would address noise abatement on existing homes and Ms. Rief explained she could not comment until an environmental assessment is done. Dave Schultz 1440 Norcrest Avenue N., West Lakeland Township, question the time weighted average--dvl level because according to his estimate there would be takeoff and landings every nine minutes, 24 hours a day. Ms. Rief pointed out this was a projection based on the runway length type of operation at the Crystal and Anoka airport. LAKE ELMO CITY COUNCIL MINUTES JULY 10, 2007 Susan Dunn, 11018 Upper 33`d Street, stated it was very important for the residents to be informed of the proposed expansion and that they have an opportunity to review the final documentation and comment before it goes to the Airport Commission. She voiced her concern on the city putting 1600 new residential units in the village area and how that will be impacted by the proposed runway expansion Marge Williams, 3025 Lake Elmo Avenue, stated in her opinion MAC does not speak truthfully on numbers and tend to project numbers that do not come to realization. Motion: Mayor Johnston moved to direct staff to ask the Metropolitan Airport Commission for a 30 day extension on the city's comment period which will give the city the opportunity to respond and have the city attorney and city administrator summarize the concerns and opposition of the city council, local residents and neighboring communities. Council member Smith seconded the motion. The motion passed unanimously. Consider referral of the Ziertman's, 5761 Keats Avenue, concerns and claims to the League of Minnesota Cities Insurance Trust (LMCIT)for independent investigation and resolution The city administrator requested the council refer the Ziertman's concerns and claims to the League Minnesota Cities Insurance Trust (LMCIT) for investigation, evaluation and to determine what, if any, settlement is appropriate to resolve this matter with the understanding that the outcome of the LMCIT investigation and actions will conclude the city's responsibility on this matter. The LMCIT will be provided with the June 5, 2007 Ziertman information, including the video if the Ziertmans are willing to share it, and with the June 1, 2007 memo from the attorney as background. The LMCIT will have access to information and interviews that the LMCIT finds necessary to proceed with the investigation. Jodean Thronson, attorney for the Ziertmans, would like timelines and to be notified how the investigation is proceeding. She said the Ziertmans would like to put in writing their oral claims and will comply with investigation and provide a copy of the video tape on water damage, Motion: Council Member Johnson moved to refer the concerns and claims presented by the Ziertman's at the June 5, 2007 city council meeting to the League of Minnesota Cities Insurance trust (LMCIT) for independent investigation and evaluation of these claims and for a resolution of these claims based upon the findings of the independent investigation. This is with the understanding that the LMCIT will act independently and have access to any information, including individuals that the LMCIT identifies as necessary during the LMCIT investigation. This is with the understanding of the city council that the resolution of the LMCIT'S investigation will fulfill the city's responsibility in resolving the Ziertman's concerns and claims in this matter. Council Member DeLapp seconded the motion The motion passed unanimously, LAKE ELMO CITY COUNCIL MINUTES JULY 10, 2007 4 Council member Smith stated she had a concern with a potential conflict of interest because the League of Minnesota Cities Insurance Trust are the city's attorney ,and if the ziertmans decide to sue the city ... it just didn't feel right to her. Mayor Johnston responded that it is to everyone's advantage to get these issues behind us. Consider annexing the southern half of the frontage road (Hudson Boulevard) along I-94 from the city of Woodbury into the city of Lake Elmo (Concurrent Annexation/Detachment for Hudson Boulevard) The Senior City Engineer updated the council on the status of the Lake Elmo -Woodbury Concurrent Annexation/Detachment for Hudson Boulevard. In 2003, the Minnesota Department of Transportation (MNDOT), Washington County, and the City of Lake Elmo entered into an agreement to transfer ownership of Hudson Boulevard to the City of Lake Elmo, from Inwood Avenue to Manning Avenue. A resolution will be required by both Cities to complete the boundary adjustment. Motion: Council member DeLapp moved to direct staff to prepare a resolution approving the annexation to the city ofLahe Elmo of Hudson Boulevard for the July 170 council meeting. Council member Johnson seconded the motion. The motion passed unanimously. Consider authorizing discussions with the St. Croix Valley Area Community amily Center regarding a future location in Lake Elmo Administrator Hoyt explained the council was being asked to consider authorizing the administrator to proceed with discussion with the St. Croix Valley Area Community Family Center to be part of the community campus designated in the Village master plan that was accepted by the city council in April. Council member DeLapp noted that Lake Elmo was third on the list for future locations of the St. Croix Valley Area Community Family Center until the city said they would make a $1.5 to $2 million donation and the city moved into first place. He questioned what the funding mechanism would work for all parties involved. Council member Johnson suggested letting the family center do the work and the agreement should be between the school district and the landowner and not have the city involved. Ms. Johnson said she supported the project without supporting it financially because the city has other financial obligations. Mayor Johnston indicated the concern is there going to be land available and is the city gong to work as part of this team Council member Smith said they are talking about 5 acres and she did not like money figures being thrown out there. She agreed the city should proceed with discussions because this will come before the council later for a decision. LAKE ELMO CITY COUNCIL MINUTES JULY 10, 2007 5 Council member Park stated we have come this far so we should proceed with preliminary discussion. Motion: Mayor Johnston moved to authorize the city administrator to proceed with preliminary discussions exploring options with the Family Center partners to work toward a "$1 per year lease " arrangement in Lake Elmo in the area of the community campus in the Village master plan. Subject to the following directions from the city council to the administrator: a. the city will not incur costs for the infrastructure b. the city will not incur any construction costs for the facility c. the city will not contribute to any operating costs of the facility d. the city will not contribute to the programming costs within the facility unless defined as direct program beneficiaries. (This is separate from individual/family memberships/use fees.) e. the city will require that the site plan and the building receive design input early in the building and development process for its design, its connectivity and its relationship with other proposed land uses and open space f. the city will discuss opportunities for Lake Elmo community use of the facility g. the city will explore more than a variety of options as they emerge on how-to- - - - make the "$1 a year land lease " concept (or free land) a reality rather than defining the specific solution to meet this goal. h. The city will maintain a respectful and open dialogue during these discussions with the partners and expects the same. i. The city understands that information gathered at a later time may impact the feasibility of any options being explored. f The city administrator does not have the authority to agree to a financial arrangement with the property owner or the partners without city council approval. Council member Park seconded the motion. The motion passed with Mayor Johnston, Council member Smith and Park voting for and Council members Johnson and Delapp voting against. Give direction on the appointment process for appointments to commissions Administrator Hoyt stated the council is being asked for direction on the expiration process for commission appointments. If the council wants to continue with appointments expiring on the date of the appointment as identified in the ordinance, the staff would bring forward the name of those whose terms have expired. Motion: Council member Johnson called the question. Council member Smith seconded the motion. The motion passed unanimously. LAKE ELMO CITY COUNCIL MINUTES DULY 10, 2007 6 Motion: Council member Johnston moved to direct staff to come back with a recommendation for a more efficient way for commission appointments to be discussed at a future workshop. Council member Smith seconded the motion. Council members Johnston, Park, Johnson, Smith voting for the motion. Council member DeLapp voting against. Consider the desirability of amending Section 105.O1 giving the city council the authority to waive or refund a fee Administrator Hoyt explained the city council is being asked to decide if it wants the authority to waive a fee when requested by an individual. If the Council wants the authority to waive any fee or refund any fee for an individual, the city council must amend the ordinance governing fees. No motion REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be added to the agenda) • Mayor and Council members Council member Smith thanked the fire department and public works for watering the 60 trees that were planted along Highway 5 adjacent to Carriage Station Park and for painting the basketball court. Mayor Johnston reported he participated in regional mayor conference, Urban Land Institute, where they bestowed memberships in the urban land institute to twelve communities which Lake Elmo was one of those communities. • Administrator Administrator Hoyt reported the city will get together to discuss Keats and Highway 36 in addition to talking with Kirby Spike, Rock point Church, on traffic management and asking their parishioners to take three different routes and not go into the neighborhoods to the north or work their way to lake Elmo Avenue. Administrator Hoyt reported the outstanding issues on the Hardy house are being followed up on by staff and the city attorney. Administrator Hoyt asked the Council to come back with dates and locations for the volunteer recognition event to be discussed at the July 17u council meeting. ADJOURN: Mayor Johnston adjourn the meeting at 10:22 p.m. LAKE ELMO CITY COUNCIL MINUTES JULY 10, 2007 7