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HomeMy WebLinkAbout08-07-07 CCMCity of Lake Elmo 3800 Laverne Avenue North August 7, 2007 7 PM REGULAR CITY COUNCIL MEETING AGENDA A. CALL TO ORDER: B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: D. APPROVAL OF AGENDA: E. APPROVE MINUTES: 1. Consider approval of minutes from meeting of July 17, 2007 F. PUBLIC COMMENTS/INQUIRIES: Meeting attendees wishing to address the city council on any items 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. 2. Approve Resolution no. 2007-54 for claims 3. Approve payment of public safety communications covered by federal grant funds and local shares 4. Consider payment no. 6 for Tablyn Park/Lake Elmo Heights Plumbing Contract B 5. Consider payment no. 6 for Tablyn Park/Lake Elmo Heights Well Sealing Contracts A and B 6. Cancel August 14 workshop 7. Approve Water Surface Use Application: Tri-Lakes Assoc. H. REGULAR AGENDA: 8. Response to Metropolitan Airports Commission (MAC) draft comprehensive plan amendment for the Lake Elmo Airport 9. Consider resolution no. 2007-55 declaring a negative need for an environmental impact statement for the Village sanitary sewer extension based upon an Environmental Assessment Worksheet (EAW) 10. Consideration of a development moratorium for one additional parcel in the Village, south of 39`h Street and north of Highway 5; Ordinance no. 97-197 11. Consider authorizing Lake Elmo Arts Center to locate a statue of a horse on city property at 3585 Laverne Avenue 12. Update on planning commission consideration of adult use ordinance to allow city to control the location and number of adult uses 13. Consider Recycling Coordinator Services 14. Consider approving an employment agreement for temporary, part time project assistant services 15. Consider appointing Karl Horning as the acting building official I. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be added to the agenda.) • Mayor and Council members • Administrator - PCA update (verbal) - Village AUAR (verbal) - Washington County Legacy Land and Water Grant • Finance - Reminder of budget meeting — August 22Id, 6 p.m. • Building - Monthly building report (attached) 0WAR7AIII 91 01 � I Lake Elmo City Council Meeting WELCOME ff yc�u wish to address the city council, please fili in the 11orm and give i o the city clerk or the city administrator. you ii address the city council for up to 3 �-ninutes° "the mayor will call upon you when it is time for you to speak during the time designated for public comments on each agenda item N u r'" Name ---I Address ,3 U �rVhat item # and topi (If topic is not a numbered on the agenda, it will he he, rd at the your p �,eginnin,g of the meeting under -public comments d inq Wes). (h laaibe �,lsro pity Council Meeting VVELC MEE ff you wish to address the city councils please fill in the form and give it to the city cle;-k or the city administrator. You may address the city council for up to 3 minutes. 'Fhe mayor will call upon you when it is time for you to spear during the time de si ated for public rr ments on each agenda item. y V u.AA�1 Z Name Address 141hat item ## and topic R �U (If your topic is not a numbered on the agenda, it will be heard at the �eginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME if you wish to address the city council, please fill in the form and give it to the city clerk or the city administrator. You may address the city council for up to 3 minutes. 'rhe mayor will call upon you when it is time for you to speak during the time desig a ed f r p lic co ents on eachaamda item. �� tt)'Vn _ Name � ��%�� YIX� I vV� Address �� �d i r 7� �zs What item # and topic (If your topic is not a numbered on the agenda, it will be heard at the beginning of the mep`°,ig under public comments and ir—jiries). Lake Elmo City Council Meeting n If you wish to address the city council, please fill in the form and give it to •the city clerk or the city administrator. You may address the city council for up to 3 minutes. 'rhe mayor will call upon you when it is time for you to speak during the tame designated for public comments on each agenda item. flame What item ## and topic ► r ` �L (jf your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). L-aJ,ue Ehrno City CouncH Meeting WELCOME ff you wish to address the city council, piease fiH in the form and give it to, 'the oity clerk or the city administrator. You may address the city council for up to 3 minutes. Fhe mayor will call upon you when it is time for you to speak during the fime designated for public comments on each agenda item. Name Address �7,S-1 ',j�991L&Ply X (,Z=, A, What item # and topic (if your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME if you wish to address the city council, please fill in the form and give it to the city clerk or the city administrator. You may address the city council for up to 3 minutes. "The mayor will call upon you when it is time for you to speak during the time designated for public comments on each agenda item. dame Addre: What item # and topic ��y� NAM M (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). gQ (,� Ixhdf o� LF-Pb) cvmf - W - mr Lake Elmo Ciby Council Meeting WELCOME If you wish to address the city council, please fill in the form and give it to. the city clerk or the city administrator. You may address the city council for up to 3 r,,iiinutos. Fhe mayor will call upon you when it is time for you to sper-Ak during the f Uma designated for public comments on each agenda item. 'Name I') .Address ,366-3 LAV� ,A IZ I'V IN/hat item # and topic I / -- -PkEs (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Arno City Council Meeting WELCOME you vilsh to address the city council, pleas e fill in the form and give it to the city clerk or the city administrator. ,a L ou may address the city council for up to 3 minutes. The mayor will call, upon you when it is time for you to speak during the time designated for public comments on each agenda item. 1\1 a M a T) V- tZ Address ,&j What item 91, and topic 5n" AA, J') L) --Y7 - F b - (If 1' ube. .�e eour topic is not a nmbered on the agenda, it will heard at ffiee 1 9 1.inning of the -meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME if you wish to address the city council, please till in the form and give it to -the city clerk or the city administrator. You may address the city council for up to 3 minutes. The mayor will call upon you when it is time for you to speak during the time designated for public mments on each agenda item _ J 11- Name Address What item # and topic (If your topic is not a numbered on the agenda, it will be heard at the — beginning of the meeting under public comments and inquiries). us Lake Elmo CitIf Council Meeting WELCOME tf you wish to address the city council, please fill in the farm and aiv .he city clerk or the city administrator. You may address the city council for up to 3 minutes. rhe mayor will call upon you when it is time for you to speak durin, the Lime designated for public comments on each agenda item. ,Qarne 5 Address z�a What item # and topic zzZ& �,.If your topic is not a numbered on the agenda, it will be heard at the (5eginning of the meeting under public comments and inquiries). "..V, E lMO City COUncil Mieeting ff you wish tc address the city council, please fill in the form and aive it to the city clerk or the city administrator. You may address the city council for up to 3 minutes. E`he mayor will call upon you when it is time for you to speak during the Ume designated for public comments on each agenda item:. L't n V1Zj ttpp (:f r- �� - V Wlhat item # and topic CID your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Elmo City Council [Weeting WELCOME, ff you vvish to address the city councils plcase fiRR in the foram and! piive it to 'the city clerk or the city administrator. Your may address the city council for up to 3 minutes. The mayor will call upon you when it is time for you to speak during he time designated for public corriments on a ch agenda item. Address U-,'SWvx tA-�c C,c 't% What item # and topic :c 0\1k V-x Of your topic is not a numbered on the agenda, it will be beard at the �eginnhng of the meeting under public comments and inquiries). � v� Lake Elmo City Council Meeting 1AVELCOME ff you wish tc address the city council, please fill in the form and give itt,,0 -the city clerk or the city administrator. You may address the city council for up to 3 minutes. The mayor will call upon you when it is time for you to speak during Ut,_- time designated for public comments on each agenda item. alm L Otp 7 (] 1r) 0 WO YIPQ 0 Ifflhat item #: and topic 4 tt�dn,C�_ — 1 (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under pubH01 comments and inquiries). Lake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and give it tn the city clerk or the city administrator. You may address the city council for up to 3 minutes. "he mayor will call upon you when it is time for you to speak during tNE lime designated for public comments on each agenda item. (Jame AV i Q LjA-7 4C_3 , �J (coc,C- MA—N Address 0 0{ S; , L Yjr,�v� 71vP) What item # and topic M,P-PcR i (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). uos� l �h�v 11►'� L 4-g S Lake Elmo City Council Meeting WELCOME ��1 h if you wish to address the city council, please fill in the forrmYand give it to -the city clerk or the city administrator. You may address the city council for up to 3 minutes. 'rhe mayor will call upon you when it is time for you to speak during the time designated for pub+e comments onhage—i5dlaifCm. Name What item # and topic (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME if you wish to address the city council, please fill in the form and give it to -the city clerk or the city administrator. You may address the city council for up to 3 minutes. a �\ 'fhe mayor will call upon you when it is time for you to speak during the n� time designated for public comments on each agenda item. Name _�Q 0 0 () CAM A C�.K Address What item # and topic �. (If our topic is not a numbered on the agenda, it will b Y P g e heard aCe beginning of the meeting under public comments and inquiries). 5d� a3�a wog ssra� Lake Elimo Ciqt Coursed Meeting WELCOME gf jeou wish to address the city council, please fill in the forrn and, give it t® -tile city clerk or the city administrator. You. may address the city council for up to 3 minutes. Fhe mayor vifill call upon you when it is time for you to speak during the Time designated sOV PLIDII comments on each agenda item. 0 Address 'What item # and topic Of your topic is not a numbered on the agenda, it will be heard at the beginning ofthe meeting under public corn rents and inquiries). Lake Elmo City Council Meeting WELCOME if you wish to address the city council, please fill in the form and give it to 'the city clerk or the city administrator. You may address the city council for up to 3 minutes. 'rhe mayor will call upon you when it is time for you to speak during,the D1- time designated for public comments on each agenda item. ocap Lq[I d�� dame j �y leb l� P w, Address - /I - /4/c)A— What item # and topic x"///2//- D/ T -10 r ,I cL(:-5D a A - ) C I �, Q- IC/0 (If your topic is not a numbered on the agenda, it will be h I" � card at the d � beginning of the meeting under public comments and inquiries). - Lake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and give it to the city clerk or the city administrator. You may address the city council for up to 3 minutes. The mayor will call upon you when it is time for you to speak during the lime designated for public comments on each agenda item. Name ► � �� 1'I �� l� - ,v- ,� Address7G-; �5 ct�'�ru1,� 1d� What item # and topic ,t9/,� elf your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME f you wish to address the city council, please fill in the form and give it to :he city clerk or the city administrator. You may address the city council for up to 3 minutes. 'rhe mayor will call upon you when it is time for you to speak during the Jme designated for public comments on each agenda item. IName /% 5'�- L/ a ,address lo VZ z 7-- J1l What item # and topic i If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and give it to 1 he city clerk or the city administrator. You may address the city council for up to 3 minutes. The mayor will call upon you when it is time for you to speak during the lime designated for public comments on each agenda item. Name Address - What item # and topic I • . (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). E- I- P a r-5, C_ - MINUTES APPROVED: August 21, 2007 City of Lake Elmo City Council Meeting Minutes August 7, 2007 Mayor Johnston called the meeting to order at 7 PM. Everyone joined in the Pledge of Allegiance. Present: Mayor Johnston, Council members DeLapp (departed 10:15 pm.), Johnson, Park and Smith. Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla, Senior Planner Gozola, City Planner Matzek, City Engineer Griffin, Assistant City Engineer Stempski and City Clerk Lumby. Approval of Agenda: Motion: Council Member Johnson moved approval of the August 7, 2007 agenda, as amended. Council Member Smith seconded the motion. The motion passed unanimously. Approval of the July 17, 2007 minutes The July 17, 2007 minutes were accepted as corrected by consensus, PUBLIC COMMENTS/INQUIRIES: Susan Dunn, 11018 Upper 33`d Street N, appreciated the city forwarding meeting agendas to her and hopes the city website will become more comprehensive alerting residents of future agenda items. She asked that a list of dates and time for replays of meetings be added to the website. Brad Winkels, Lake Elmo Fire Department, announced September 7 and 81t' as the Lake Elmo Fire Department 50th Anniversary Community Days. Mandy Sachs, wife of firefighter Bernard Sachs, listed the variety of activities, parade, dinner, dance planned for the 50t" anniversary community celebration. Jim Peterson 2751 Jamley Avenue, noted that he has not seen any changes or improvements on the house located at 9224 315t street. Administrator Ioyt responded the city has been in contact with the owner about next steps for the improvements. CONSENT AGENDA: Motion: Council Member Johnson moved to approve the consent agenda as identified. Council Member Park seconded the motion. The motion passed unanimously. LAKE ELMO CITY COUNCIL MINUTES AUGUST 7, 2007 • Approve Resolution no. 2007-54 for claim numbers 408, 409, DD1277 through DD1297, 31205 through 31231, 410, 411, DD1298 through DD1309, 31232 through 31240, 412, 31241 through 31307 in the total amount of $1,692, 261.22 • Approve payment of public safety communications covered by federal grant funds and local shares in the amount of $31,432,53 • Approve payment no. 6 for Tabyln Park/Lake Elmo Heights Plumbing Contract B in the amount of $10,293.63 • Approve payment no. 6 for Tablyn Park/Lake Elmo Heights Well Sealing Contracts A and B in the amounts of $10,604.27 and $6,153.53, respectively • Cancellation of August 14, 2007 city council workshop • Approve water surface use application for Tri-Lakes Association to hold a water ski show on Lake Jane, August 11, 2007 REGULAR AGENDA: Response to the Metropolitan Airports Commission (MAC) draft comprehensive plan amendment for the Lake Elmo Airport Administrator Hoyt asked the city council to review, revise and approve a letter of comment to the MAC regarding the draft comprehensive plan amendment for the Lake Elmo Airport. Hoyt said the draft letter compiles comments received from property owners and residents in Lake Elmo as well as observations from the staff. Attorney villa reviewed his letter dated July 31, 2007 regarding airport authority. Renee Murray, 2722 Lisbon Avenue Ct. N., stated she lives below the flight path of the runway and she works from home and has counted the number of planes that use the airport on a regular basis and believes the methodology used to come up with the numbers in the report is serious flawed. Bob Eischen, 11674 Stillwater Blvd, lives north of Christ Lutheran cemetery, stated there is a problem with expanding runway for jets when this airport was primarily designed for recreational planes. Tim Beres, 2748 Lisbon Avenue Ct. N., asked that the city consider adding a request that the MAC provide compensation for decreases in property values in its mitigation process. The mitigation factors covered could be noise and potential pollution as well as financial impacts that may result from development restrictions in the areas to be covered by the expanded safety zones. Delray Brockten, 2721 Lisbon Avenue Ct. N, whose home would be covered by the extended safety zone should the runway be expanded said he is concerned that if he has to disclose that his home is located within the zone, it will affect the property value and potential future sale of the home LAKE ELMO CITY COUNCIL MINUTES AUGUST 7, 2007 Tyrone Robinson 11397 30th Street said building a bigger runway will become dangerous because of increased pollution. Council members suggested several additions to the draft letter to MAC based upon these public comments including strengthening the language regarding financial and noise mitigation, clarifying an expansion in the runway would add homes in Heritage Farms into Safety Zone B, which changes their status and potentially property values, noting that there is no evidence that use statistics in the future are supported and that air pollution is a potential hazard. Motion: Council Member Johnson moved to approve the letter of comments as revised on the Lake Elmo Drqft Comp Plan Amendment dated June, 2007 for submission to the Metropolitan Airports Commission. Council Member Smith seconded the motion. The motion passed unanimously. Consider resolution no. 2007-055 declaring a negative need for an environmental impact statement for the Village sanitary sewer extension based upon an Environmental Assessment worksheet (EAW) Engineer Jack Griffin asked the city council to consider approving Resolution no. 2007- 055 to provide a Record of Decision for the Environmental Assessment Worksheet (EAW) on the I94 to 30th Street Project (also called Old Village Sewer Project) declaring that there was no significant impact and that an Environmental Impact Statement (EIS) was not required based upon comments received during the public comment period. Engineer Griffin explained the environmental review process and that the EAW on this project was voluntarily done by the city. It was not mandated. Griffin said based upon the comments received, staff found that all environmental concerns regarding this project can be mitigated and/or addressed through the permitting processes and through best management practices incorporated into the project design and construction. Therefore, no additional study is necessary and the city should make a negative declaration on the need for an Environmental Impact Statement Todd Williams, 3025 Lake Elmo Avenue and Chairman of People Preserving Lake Elmo, requested the council postpone consideration of the resolution and extend the comment period for 30 days to allow residents to read and understand the EAW. He said no members of the public made any comment on the EAW because no members of the public knew about it and the additional time would not delay the project in any way. The thirty residents/property owners in attendance supported Todd Williams' comments. Wendy Griffin, 2835 Lake Elmo Avenue, asked why the depth of Lake Elmo and impact on the Lake Elmo depth and groundwater was not included in the EAW. In response to an inquiry from council members, city attorney Filla explained that the review period has expired, but because the city is both the proposer and is the responsible LAKE ELMO CITY COUNCIL MINUTES AUGUST 7, 2007 governmental unit (RGU) on this project, it could extend comment period if the city council makes two determinations. 1. That the information necessary to make an informed decision about the potential for, or significance of, one or more possible environmental impact is lacking. 2. That the information can be reasonably obtained by extending the review period. Some Council members questioned whether anything the citizens would have to say would meet that legal requirement and noted there would be several other opportunities for public input on this project before the city council would decide to proceed with the project. Council member DeLapp suggested that the council extend the date of approval of the record of decision for another 30 days to give residents more opportunity to review the EAW because it would not delay the project in any way. Motion: Mayor Johnston moved to approve resolution no. 2007-055 declaring a negative need for an Environmental Impact Statement (EIS) for the I-94 to 30` Street Infrastructure Project, Council member Smith seconded the motion. Mayor Johnston, Council members, Johnson, Smith and Park voted for the motion and with Council member DeLapp voting against. Planner Ben Gozola explained that in response to a city council request to review potential development in the area south of 39`h Street and north of Highway 5, that the city council is being asked to consider putting one parcel that is not developed and is guided for a use that is not consistent with its current zoning, into a development moratorium. This parcel, bordered by 391h and Lake Elmo Avenue, is guided for mixed use and zoned for business. The property owner had been contacted about this possible moratorium. Motion: Council member Johnson moved to approve Ordinance no 97-197, relating to the adoption moratorium on development over the unaddressed parcel to the southeast of the intersection of'39`h street north and Lake Elmo Avenue for the period of one year to allow the city to make necessary comprehensive plan changes that may impact this area. Council member Park seconded the motion. The motion passed unanimously. Consider authorizing Lake Elmo Art Center to locate a statue of a horse on city property at 3585 Laverne Avenue Administrator Hoyt explained that the Lake Elmo Art Center was asking the city council to authorize the construction of a 7 foot tall metal horse sculpture on the property leased by the Art Center from the city at 3585 Laverne Avenue. LAKE ELMO CITY COUNCIL MINUTES AUGUST 7, 2007 Bill Wacker, 3603 Laverne Avenue North, who lives across the street from the art center said he like the Art Center as a neighbor. However, he was concerned about having this sculpture in a residential yard directly across the street. He also was concerned about potential injuries resulting from people climbing on the horse. John Boohrer, parks commission member, said the park commission supported the concept when it was presented to the commission. However, he realized the commission did not have the authority to grant permission to use city property. Council member Johnson moved to table the motion until September so the Council can hear from Bob Meyer, Lake Elmo Art Center. Council member Smith seconded the motion. The motion passed unanimously. Update on planning commission consideration of adult use ordinance to allow city control the location and number of adult uses Ben Gozola, Senior Planner reported on the planning commission's approach and progress toward adopting an adult use ordinance for the location of sexually oriented businesses. This is currently in a moratorium. Consider recvcline coordinator services Administrator Hoyt asked the city council to consider retaining Karen L. Richtman, Service on Shoestring, for recycling education services in the amount of $7,500 to be funded from the annual grant of $15,500 from Washington County for waste reduction programs. The program provides education on re -use and recycling in classrooms. Motion: Council member Johnson moved to authorize agreement with Karen L. Richtman, Service on a Shoestring for recycling and waste reduction administration and classroom education in the total amount not to exceed $7,500.00. Council member Park seconded the motion. The motion was passed unanimously Councilmember DeLapp excused himself from the meeting at 10:15 p.m, because of an early morning business flight and said he supported the staff on the remaining city business. Consider approvin a� n employment agreement for temporary, part time project assistant services Administrator Hoyt asked the city council to consider approving an employment agreement with Carol Kriegler for the temporary, part time services as a project assistant to the city administrator. The work will varied but primarily be in the area of parks, public works, communication and community development projects. Motion: Council Member.Johnson moved to approve the employment agreement with Carol Kriegler for Project Assistant Services beginning on August 9, 2007. Council member Smith seconded the motion. The motion passed unanimously (Mayor Johnston, Council members Johnson, Park and Smith). LAKE BLMO CITY COUNCIL MINUTES AUGUST 7, 2007 Consider appointing Karl Horning as acting building official Administrator Hoyt asked the city council to consider appointing Karl Horning, current building inspector, as the acting building official on a temporary basis to meet state statute given the recent retirement of the building official, Jim McNamara. Councilmember Johnson suggested that a time period of six months be established. Motion: Council member Johnson moved to appoint Karl Horning as the acting building official for the city of Lake Elmo for a period up to six months at a compensation adjustment to $25.41 per hour. Council member Park seconded the motion. The motion passed unanimously (Mayor Johnston, Council members Johnson, Park and Smith). REPORTS AND ANNOUNCEMENTS Administrator Hoyt reported that working on Baytown superfund site will be bringing back options for council review infiltration site to gather information. She received authorization to allow the MCPA to do soil borings in the area of VFW park. o The Alternative Urban Area wide Review (AUAR) Village advisory panel will meet at 7 PM on August 23 for its second meeting to learn about the existing conditions in the Village. o Three Lake Elmo applicants, two private property owners and the city, applied for Washington County Land and Water Legacy grants. The city's application is for the green buffer surrounding the Village and is not finalized to receive funding this year. o A budget workshop is scheduled for 6 PM on August 22Id. Mayor Johnston adjourned the meeting at 10:26 p.m. Respectfully submitted by SharokLumby, City Cleric Resolution no. 2007-054 claims Resolution no. 2007-055 declaring a negative need for an Environmental Impact Statement (EIS) for the I-94 to 30t' Street Infrastructure Project Ordinance no.97-197 adopting moratorium on development over the unaddressed parcel to the southeast of the intersection of 39t" street north and Lake Elmo Avenue LAKE ELMO CITY COUNCIL MINUTES AUGUST 7, 2007