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
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Lake Elmo City Council Meeting
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ff you wish tc address the city council, please fill in the form and give itt,,0
-the city clerk or the city administrator.
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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.
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If you wish to address the city council, please fill in the form and give it tn
the city clerk or the city administrator.
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"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.
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Lake Elmo City Council Meeting
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if you wish to address the city council, please fill in the forrmYand give it to
-the city clerk or the city administrator.
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'rhe mayor will call upon you when it is time for you to speak during the
time designated for pub+e comments onhage—i5dlaifCm.
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What item # and topic
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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
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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.
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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--
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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.
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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