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HomeMy WebLinkAbout09-17-91 CCMLAKE ELMO CITY COUNCIL MINUTES DATE APPROVED: 10-1-91 DATE ISSUED: 10-11-91 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 Mayor Johnson called the City Council meeting to order at 7:03 p.m. in the City Council chambers. Present: Mayor Johnson, Hunt, Dick Johnson, Mottaz, Williams, City Engineer Tom Prew, City Attorney Filla, and Administrator Kueffner. 1. AGENDA Add: Old Business: VBWD Appointment and Clarification on the PZ Economic Dev. Committee, M/S/P Williams/Hunt - to Insert item, Rules of Procedure, after Claims. ( Motion carried 3-2: Mayor Johnson, Mottaz, we have adopted as part of our code Robert's Rules of Order and meetings should be governed these rules). Add: Stonegate Rezoning and Preliminary Plat directly after OLD BUSINESS M/S/P Hunt/Williams - to approve the September 17, 1991 City Council agenda as amended. (Motion carried 5-0). 2. MINUTES: SEPTEMBER 3, 1991 SEPTEMBER 10, 1991 M/S/P Johnson/Williams - to approve the September 3, 1991 and September 10, 1991 Council Minutes as amended. (Motion carried 3-0-1: Abstain: Hunt). 3. CLAIMS M/S/P Williams/Hunt - to approve the September 17, 1991 Claims #95228 thru #95281 as presented with the stipulation that detailed accounting of the Attorney's time, (August 1st henceforth) be provided so a better accounting of pass-thru costs can be achieved. (Motion carried 5-0). SPECIAL ITEM: B. Rules of Procedure: Councilman Williams stated the following: "State Law provides that the Mayor of a City such as ours has the same rights and duties as any other Council member with the exception of the Mayor presiding at Council meetings, performing some ceremonial duties and serving as the official weed inspector. The law also provides that the Council may adopt Rules of Procedure which are more restrictive than State Statute. We in Lake Elmo have adopted by Ordinance the use of Robert Rules of Order as our Council Rules of Procedure. In some circumstances Robert's Rules are more restrictive than the State Statutes might be. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 2 The Mayor has frequently sited sections of Robert's Rule of Order to justify various actions of his. He has adopted a quite literal reliance on those rules, yet he has apparently overlooked a section which impacts significantly on his duties as presiding officer and Council meetings. I refer to Section 42 entitled "Debate" and a subsection entitled "Rule against Chair's Participation in Debate". (Section 42 was quoted). Therefore, I call upon the Mayor to adhere to this provision of Robert's Rules of Order and refrain from participating in debates as much as possible so as to maintain the impartiality needed to preside effectively." 4. Comprehensive Plan Amendment for Extension of MUSA Councilman Mottaz indicated he felt the MUSA extension is not an addition to any MUSA that we have, but is a replacement for what the City lost when it lost Section 32, and now that the Appeals Court agrees with the District Court, there is little likelihood we will regain Section 32. The PZ does not object to an extension to the MUSA line, but apparently objects only to the amount of land to be included. Therefore, the following motion was made: MIS/ Mottaz/Mayor Johnson - to proceed with the Comprehensive Plan Amendment adding a new MUSA that would extend from County Road 13 to 1/2 mile east of County Road 19 and 1/2 mile north of I-94 for this entire distance. City Auditor Rob Tautges and Planner Mike Black addressed questions as to what are we committing the taxpayers of Lake Elmo to, what costs are anticipated, and who would pay if there was not a specific development proposed. Before a decision can be made, the Council decided to set up a workshop with the property owners within the area proposed for the MUSA to discuss the desirability and feasibility for approving this Comp Plan amendment. M/S/P Mottaz/Hunt - to postpone action on motion until the October 1, 1991 City Council meeting. (Motion carried 5-0). M/S/P Mottaz/Hunt - to schedule a special council workshop to discuss with property owners within the area proposed for a Municipal Urban Service Area (MUSA) the feasibility and desirability of approving this comprehensive Plan Amendment. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 OLD BUSINESS: A. Stonegate Rezoning M/S/F Williams/Hunt - to adopt Ordinance 8058 amending Section 301.070C. of the 1979 Lake Elmo Municipal Code to change the zoning from Rural Residential (RR) to'Residential Estates (RE), including the Findings of Fact of the July 16, 1991 City Council Meeting, pursuant to the Court's Order. (Motion failed 3-2 Mottaz: Not in a position to vote on this question until hearing from the Judge as to what is expected as a City Council member, Mayor Johnson: A rezoning requires 4/5th vote, while a majority of the Council (3 members) has instructed the City Attorney to circumvent the state statutes. Until resolution of this question now set on the court calendar for 9/27/91, rezoning previously denied would be premature in that final resolution may not demand rezoning. We must wait.) M/S/P Mottaz/Hunt - to hold an eight minute break. (Motion carried 5-0). M/S/P Hunt/Williams - to move the Stonegate Preliminary Plat to agenda item 8A. (Motion carried 5-0). 6. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: Old Village Drainage Improvements Improvements for 33rd Street from Lake Elmo Avenue to Laverne Avenue & Laverne Avenue from 33rd Street to T.H. 5 Mayor Johnson called the public hearing to order at 9:12 p.m. in the City Council chambers. The public hearing was published in the September 4, 1991 St. Croix Valley Press and affected property owners were notified. City Engineer Tom Prew explained this report was written to determine the feasibility of reconstructing Laverne Avenue and Upper 33rd Street from TH5 to CSAH 17. This is a Municipal State Aid (MSA) route and is eligible for construction, engineering and right-of-way funds. Also included in the report was the feasibility of construction of a trunk storm sewer system and outlet ditch to drain that portion of the Old Village Area between TH5 and the CNW Railroad. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 4 Proposed assessments to each abutting parcel for street construction was presented. Prew indicated it was proposed to pay for drainage improvements through a storm sewer taxing district where all property which is within the drainage area would help pay for the storm sewer improvement through a tax increase. The approximate drainage area is bounded by Schiltgens field on the east, T.H.5 on the north, the railroad tracks on the south, and Schiltgens fields on the west. Bill Wacker, 3603 Laverne Avenue N., asked if the 30" storm sewer pipe would be sufficient to handle any further development north of Highway 5? Why is there parallel parking planned for the east side of the street when activities are on the west side of Laverne Avenue. Mayor Johnson expressed concern that the land upstream from the proposed drainage area would be included in the drainage project because of future potential development. Councilman Johnson pointed out that the city ordinance does require ponding that prevent surface water runoff caused by development and that lands upstream should not be included in the project. Mike Kulla, Attorney representing Peter Schiltgen, stated it was not Mr. Schiltgen's intention to be obstructive rather he wants to work with the City as well as the City work with him so the City's objectives can be obtained as well as his right to maintain the entire piece of his farmland. As a result, Mr. Schiltgen is opposed to granting any sort of a permanent easement across his property. This does not mean he is unwilling to allow this project to take place. An option proposed would be a series of short term leases where there is not a permanent grant of an easement, but rather the City maintains the right to have this water flow in a natural Swale of the property as well as the City maintaining the right to come in and dredge or maintain this existing drainage way. However, Mr. Schiltgen will want the right to continue to farm this property which may mean widening the easement with a gradual slope so his farm equipment can go through. He would like either the right to continue driving thru this easement and be able to farm his corner or, if possible, continue farming this drainage easement. Councilman, Williams suggested the possibility of having one or more at grade places where we would actually change from a ditch to a culvert, sort of like a driveway, so he can get his equipment across the area. Kulla answered this option was not discussed. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 5 Ed Gorman, owner of White Hat Restaurant, asked the following questions: Were any studies done on the 30 or 40 million sq.ft. (Schiltgen fields north of Hwy 5) that contribute water to this area. Was any thought given to the amount of impervious surface in residential versus commercial because he had to provide ponding when he expanded his restaurant? Will $20,000 allocated for easements be enough? Who other than the City Engineer has come forth and stated there is a problem? Frank Squadrito, 3570 Laverne Avenue N., stated this proposal will not correct his problem. He will still have water in his basement because of the high water table. Mayor Johnson closed the public hearing at 10:06 p.m. M/S/P Hunt/Williams - to adopt Resolution No. 91-30 directing the City Engineer to prepare plans and specifications for the Upper 33rd Street and Old Village Drainage Improvement Project, direct City staff to begin easement acquisition for this project and direct City staff to begin work on establishing Old Village Drainage Improvement District as requested in Tom Prew's letter , September 13, 1991. (Motion carried 5-0). B. SW1 Water Project: Change Order No. 1 City Engineer, Tom Prew, explained Change Order No. 1 extending the completion date of the SW-1 Watermain project from August 31, 1991 to October 25, 1991 is due to the seven week delay in award of their contract. M/S/P Dick Johnson/Hunt - to approve Change Order No. 1 extending the completion date of the SW-1 Watermain Project to October 25, 1991. (Motion carried 5-0). C. Other 7. CITY ATTORNEY'S REPORT: A. Jamie Olson: sign M/S/P Hunt/Dick Johnson - to approve Resolution No 91-29, as amended (add paragraph: BE IT FURTHER RESOLVED, that in granting this CUP the City also granted the following (3) variances as described in Court Order) granting a CUP and variances allowing construction of a 200 sq.ft. illuminated advertising sign to Jamie Olson, d/b/a Ad Venture Media, Inc., Wendy Olson and Todd Olson. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 6 8. PLANNING/LAND USE & ZONING: A. Stonegate: Rezoning M/S/P Williams/Hunt - in the matter of Trailhead Development corporation and the Stonegate development, I move that the City Attorney be directed to: 1. File an affidavit with the court, as soon as possible, stating the procedures followed by the city in reviewing and voting on the original rezoning request, determining how to respond to the complaint from Trailhead Development Corporation, reviewing the decision of District Court granting the default judgment, and voting to obey the default judgment order; 2. Appear at court on September 27, reiterate the above procedures followed by the City in this matter, and otherwise relate to the court that at least a majority of the City Council has attempted to adhere to all applicable rules and orders in this matter. (Motion carried 3-2: Mayor Johnson, Mottaz). B. Stonegate: Preliminary Plat The City Attorney recommended Council action be taken on the Stonegate Preliminary Plat; subject to final resolution of the zoning issue. The Council received the Parks Commission's recommendation of 9-16-91 for park land dedication. Jim Peterson, Trail Head Development Corp., explained he is asking for a rezoning and preliminary plat approval of the entire parcel (approx. 235 acres) so he can get his density. Peterson indicated he would like to plat this in phases because the parcel is too large for him to work at one time. M/S/P Williams/Hunt - to approve the Preliminary Plat of Stonegate subject to the Planning Commission's recommendations and conditions as described in Mike Black's letter, dated September 12, 1991 with the following changes: (Motion carried 5-0) 5. Park Land Dedication shall be the active park area plus trail system shown on the preliminary plat, plus the land above the OHWM at the SE corner of Goose Lake with the net requirement to be satisfied by cash. 8. The City reserves the right to determine final length and configuration of the street referred to as Jewel Avenue cul- de-sac on the preliminary plat. 10. All other conditions on City Engineer Tom Prew's report dated July 2, 1991 except seven street lights. However one street light should be installed at the two intersections with County Road 10. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 7 11. An easement be granted continuation from Jasmine Avenue adjacent to park. for future road construction for to western property line not 12. Developer shall grant a blanket easement for the continuation of roads, Jasmine, Julep and Jewel, back to 10th St. thru Outlot A. 13. Subdivision to conform to 1991 City Engineering Standards. 14. Subject to the rezoning being granted. 9. CITY COUNCIL REPORTS: A. Mayor Johnson: Historical Preservation Resolution of Appreciation Lake Elmo Jaycees B. Councilman Hunt C. Councilman Johnson D. Councilman Mottaz E. Councilman Williams 10. CITY ADMINISTRATOR'S REPORT: A. Non -Intoxicated Malt Liquor License for Guardian Angels Church Fall Festival Guardian Angels Church forgot to apply for the non -intoxicating malt liquor license that they have every year for their Fall Festival. The Council was polled and a majority had agreed to allow the city to issue the license to deal with the actual approval after -the -fact. The church has provided the required insurance certificate and the Sheriff's Department has signed off with their approval. M/S/P Hunt/Dick Johnson - to grant a two-day non -intoxicating malt liquor license to Guardian Angels Church for Saturday, September 14 and Sunday, September 15, 1991 noting that this approval is made after -the -fact. (Motion carried 4-1: Mottaz). B. League Meeting in Lakeville Councilmen Williams and Hunt, Mary Kueffner and Marilyn Banister will be attending the League of Minnesota Cities regional meeting hosted by the City of Lakeville on Monday, September 30th. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 1991 8 OLD BUSINESS: Update on Hammes Cleanup: Jim McNamara reported that 50% of the vehicles stored on the Hammes property have been removed, and they are in the process of having the tires removed. (A receipt was provided for removal of 48 tires.). Pictures were provided showing the difference before cleanup in May and after in September. A list of vehicles which they wish to keep was submitted to the Council. The Council asked if these vehicles could be stored or placed in an orderly fashion. Councilman Johnson stated that since these vehicles valued by the' Hammes, referring to the vehicles Hammes want to keep, should have indoor storage. Dorothy Lyons explained they have removed over 60% of the vehicles, are reshaping the berms, working on the barn damaged by the storm, and planted 200+ trees. They are also in the process of crushing and recycling concrete this summer. The inventory of vehicles submitted is the equipment that have been purchased over the last 40 years and are used in their gravel pit and to maintain their property. The Council accepted the Building Official's report and indicated they had not accepted the inventory of vehicles, but reserved the right to question the list at a later date. M/S/P Hunt/Dick Johnson - to adjourn the regular City Council meeting at 12:23 p.m. and call to order an Executive Session. (Motion carried 5-0). ------------ Resolution No. 91-29: Granting CUP and variances for Jamie Olson's sign Resolution No. 91-30: Prepare plans and specs for the Upper 33rd St. and Old Village Drainage Improvement Project Since we do not have time to discuss every pint presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL SEPTEMBER 17, 1991 7:00 p.m. MEETING CONVENES 1. AGENDA 2. MINUTES: September 3, 1991 September 10, 1991 3. CLAIMS 4. Comprehensive Plan Amendment for Extension of MUSA 5. OLD BUSINESS: 6. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: Old Village Drainage Improvements 33rd Street from Lake Elmo Avenue to Laverne Ave. & Laverne Ave from 33rd St. to T.H. 5 Improvements B. SWI Water Project: Change Order #1 C. Other 7. CITY ATTORNEY'S REPORT: A. Jamie Olson: sign B. Other 8. PLANNING LAND USE & ZONING: A. Stonegate: Preliminary Plat B. Other 9. CITY COUNCIL REPORTS: A. Mayor Johnson: Historical Preservation, Resolution of Appreciation Lake Elmo Jaycees B. Councilman Hunt C. Councilman Johnson D. Councilman Mottaz E. Councilman Williams 10. CITY ADMINISTRATOR'S REPORT: A. Non -Intoxicating Malt Liquor License for Guardian Angels Church Fall Festival B. League Meeting in Lakeville C. Other 11. ADJOURN