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HomeMy WebLinkAbout10-15-91 CCMLAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 1991 PAGE2 day and to promote safe travel through the area the road should be four lanes from the freeway to east of Inwood Avenue. Vehicle counts at the eastern edge of the proposed road improvement is significantly lower. Councilman Mottaz voiced his desire in saving the trees along this road. He asked if the County had a policy for replacing any trees they remove. Councilman Hunt stated the city wants a road that meets our needs, that does not restrict us, and is built for the future, but the scope of the project may be too large. Especially considering that Lake Elmo does not foresee any large development at the eastern edge of the proposed road improvement. He failed to see, at this point, the need to upgrade the road to this level. Councilman Williams felt it was a tremendous overkill and was not a wise conservation of the land to put a 4-lane divided highway through a wetland and a lake. Dick Herold responded he was willing to consider modifying the plan. They would look into grading the entire section and staging the additional 2-lanes somewhere down the road. They will also get a better handle on traffic projections. The Road improvement requires approval by Lake Elmo and Oakdale before state funds can be appropriated. Steve DeLapp pointed out it is stated in the Comp Plan that County Road 70 has the potential of becoming a route between West Lakeland, Woodbury and Oakdale, paralleling the Freeway. The City would oppose any proposal by the County to make this another major east west thoroughfare like TH 5, which has proven to be damaging to the cohesiveness of the city and the safety of the residents. DeLapp encouraged the City Council to refer this plan to the PZ to study because based on past history our County is the only one in the entire Metro area, if not the state, that has never applied for a variance from state rules to save trees such as in Wayzata and Minnetonka. No formal action was requested, they wanted to get the Council's reaction. They will be going to the City of Oakdale now and then back to the drawing board. This plan will come before the Council again. M/S/P Mottaz/Williams - to refer the preliminary plan sheets and aerial layout for CSAH 10 to the Planning Commission for their review. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 1991 PAGE3 6. PLANNING/LAND USE & ZONING: A. Request by Robert Ziertman Mr. Robert Ziertman owns 120 acres and would like to sell 4.135 acres to Mr. Hermanson, an abutting property owner. The City does not have a provision in the code which would allow this without requiring Mr. Ziertman to plat the entire 120 acre parcel. Administrator Kueffner pointed out the city has had several requests for lot line adjustments that do not create a new lot nor does it make any lot non -conforming. M/S/P Hunt/Mottaz - to direct the staff to proceed with work on preparing a change to our code that would allow for sale of property without formal platting with the transfer of property not resulting in either piece of property becoming non -conforming thru the normal process to get this changed (this could be mailed to the PZ in advance and ask for their review and comments which could be brought to the Council table). (Motion carried 5-0). B. Linder Greenhouse EAW Linder's Greenhouse, located on 15th St, Northeast of Inwood Avenue, has proposed an expansion of the existing greenhouses adding a total of 382,200 sq.ft. of greenhouse and warehouse product area. Development is anticipated over a 10-year period. The Council previously decided that the proposed CUP amendment for the Linder Greenhouse expansion required an EAW. This document has been completed, and Mike Black recommended that the City accept the EAW document and proceed accordingly. (See memo dated October 9, 1991). M/S/P Dick Johnson/Hunt - to accept the EAW prepared by SEH for the proposed Linder Greenhouse expansion and to direct the City Administrator to do the following: 1. Sign page 14 of the EAW certifying acceptance of the document. 2. Submit a press release to the local newspaper briefly describing the project and the availability of the EAW document. 3. Distribute copies of the EAW to all public agencies on the EAW distribution list. 4. Submit the EAW to the EQB office by October 21, 1991. (Motion carried 5-0 Williams: While I voted for the motion, some issues were raised by the information presented here that will lead him to question the desirability of this project to proceed as presented). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 1991 PAGE4 7. CITY ENGINEER'S REPORT: A. 1991 City Engineering Standards 3S M/S/P Williams/Hunt - to adopt Resolution No. 91-.34 adopting the 1991 City Engineering Standards for the City of Lake Elmo, as amended by discussion at tonight's meeting, (Page 1-1: 1, All sheets shall be of uniform size. Use standard 22" x 34". 5. Require MN seal showing registration number.). (Motion carried 5-0). 8. CITY ATTORNEY'S REPORT: A. Derrick Lawsuit Update Attorney Filla reported Derrick has indicated that it would agree to dismiss the current lawsuit that is scheduled for trial on November 4th if the City would process a building permit for Lot 1, which passed the percolation test this spring, and if the City would allow them to install drain tile and retest Lot 2,3, & 4 in the spring of 1992. Filla added, if we assume that those lots pass at that time, they would be in here asking for building permits. If we assume that those lots would not pass at that time, they want to reserve the option of proposing another engineering solution that would have to be approved by the City and City Engineer. After much discussion, the Council suggested a building permit for Lot 1 would be issued following normal application procedures, the property owner would install drain tile pursuant to a plan approved by the City Engineer, and Lots 2,3,& 4 would be retested in the Spring of 1992 under the supervision of the City's Engineer. All costs of city staff to review plans and supervise tests should be reimbursed by the applicant. The City Attorney will meet with Larry Bohrer and Mr Tom Radio, Derrick's attorney, to discuss in more detail on what is being proposed. The Council set up a special meeting for Tuesday, October 22nd, 5:00 p.m. at City Hall to discuss a possible resolution. B. Stonegate Lawsuit Councilman Hunt asked the City Attorney if the City was in any increased liability for contempt of court. Filla explained they were at a hearing a week ago Friday to this issue, the judge said that he clearly wants the City to comply with the Order and will ultimately draft an Order that will encourage the City to comply. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 1991 PAGES Mayor Johnson noted he did not feel confident that he got a good hearing on this, and he did have standing simply by the fact that he was Mayor of the City. He added, he still maintains this and does believe he will appeal this and is looking for a attorney now to review the entire file to -date and take it from there. Councilman Mottaz added that the judge made part of his reasoning on that hearing to allow Dave time to appeal. Councilman Johnson pleaded with the Mayor to vacate his decision to appeal for obvious reasons. 9. Harriett McPherson, Lake Elmo Airport Update Rep. Harriett McPherson updated the Council with a map and a letter stating MAC still wants to keep 3900 ft. airport runway in the Master Plan. This was the main item the three surrounding communities and the people that attended the Public Hearings wanted out of the Master Plan. The MAC staff is going to recommend to the Commissioners that 3900 ft. runway stay in the Master Plan. This plan and recommendation will become before the Environmental & Planning Committee approx. the first week of December. Harriet asked that the Council get this information out to the people thru our City's Newsletter and that a letter be sent, signed by each council member, to the Commissioners. The City Council asked the City Administrator to write a letter which will be approved at the November 5th meeting, to the Met Airport's Commission indicating the Council's concern on the expansive runways. The updated information on the plan will be inserted in the City's Newsletter 10. CITY ADMINISTRATOR'S REPORT: A. Mayor Johnson: Heritage Preservation Committee Councilman Williams explained that at a previous council meeting he stated that the Pz had spent time in the past on working on a historical preservation procedure and thought it was appropriate for them to be given this assignment. He has since been informed by a few members of the PZ that their work plan is full and they would not be interested in undertaking this. Therefore, he could support the concept of a separate committee, but had a concern on what powers it is given. An official form of the Heritage Preservation Commission will be submitted for Council vote at the November 5th Council meeting. B. Councilman Hunt -No Report LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 1991 PAGE6 C. Councilman Johnson PZC Subcommittee on Economic Development: Councilman Johnson read the following into record concerning the matter of the PZC subcommittee on economic development and its relationship to the Mayor's advisory committee: 1. The League of Minnesota Cities (LMC) Handbook makes it abundantly clear that state law requires that authority for the establishment of an official city advisory committee and the appointment of the members of that committee rests with the full council. 2 The LMC Handbook also states in Chapter 6, page 97 under the heading of "Advisory Boards and Commissions" that "Some mayors appoint these bodies informally to act as advisory groups without official powers." It appears that there is precedent for the mayors action and that his creation of a mayors advisory committee is quite appropriate. However, the mayors advisory committee is just that: "The Mayor's committee" and not an official committee or commission of the City. 3. The City Council passed a motion on 9/3/91 that directs the PZC to form a subcommittee that would deal with the issues of economic development and as a part of the duties of the subcommittee, act as liaison with the Mayor's committee. This does not seem inappropriate, since it should be the obligation of the PZC and the Council to listen to the recommendation of any citizens group within the city, whether official or unofficial. 4. In my opinion, th PZC has the authority to establish any subcommittee they wish to appoint to study any matter that is on their council -approved work plan. Their subcommittee can consist of the Commission -of -the -whole, a few selected members or members plus other interested residents of the City. M/S/P Dick Johnson/Williams - to clarify the record, the mayor's citizens advisory committee to study economic development in Lake Elmo, appointed solely by Mayor Johnson, is not an official committee/commission of the City and is not recognized by the Council an as official committee. (Motion carried 5-0). Councilman Mottaz pointed out that the Mayor had made this fact abundantly clear on several occasions during this process. Update on Olson Lake Estates: The subcommittee has not met because the VBWD chairman is waiting for seepage results out of the pond before calling a meeting. Nothing has been done --the plug is still in and there is no further discussion on any downstream improvements. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 1991 PAGE? Mayor Johnson indicated he had asked our City Engineer to accompany him to review how the water flows from the Olson Lake Estates development. He asked the City Engineer to acquire elevations in order to come up with a joint proposal that would be presented to the Council that would insure that no water would come into the City of Lake Elmo. Council members Mottaz, Williams, and Hunt indicated it was not appropriate for this City Council to spend money for our city engineer to investigate this feasibility of a proposal. D. Councilman Mottaz Councilman Mottaz requested that Mike Black be directed to work with th PZ on setting up the ordinances for the proposed MUSA expansion. Councilman Hunt clarified the planner is being directed to work with the PZ at their desire. Councilman Williams added that the ordinance that comes from the PZ should be their ordinance and not any one else's ordinance. Mike Black can assist in gathering data, in formatting the PZ's ideas into the right format for an ordinance, and he should be acting at their request to do this technical work. M/S/P Mottaz/Mayor Johnson - to direct Mike Black to work with the Planning Commission to establish a new ordinance for the MUSA expansion. (Motion carried 5-0). Council Meetings: Councilman Mottaz asked the council to consider limiting the hours of city council meetings even if it means holding another meeting. Administrator Kueffner asked the Council to consider one meeting a month, as they do in Stillwater and Woodbury, start the council meeting at 4:00 p.m. and address City Council and City Administrator reports. They adjourn at 6:00 p.m., break for supper and adjourn the meeting by 8:30 p.m. E. Councilman Williams Councilman Williams pointed out the city spends a great deal of money on consultants and we should assure that any money spent for the services should be spent for the overall good of the city. Therefore he made the following motion: M/S/P Williams/Hunt - the City Council adopt the following policy: no member of the City Council should incur expenses through contact with the city consultants (planner, attorney, engineer, financial consultant, auditor, etc.) without prior notification of the City Administrator or by vote of the Council. (Motion carried 4-1: Mayor Johnson: The Council cannot deny the right of any individual council member to seek information upon which to make his legislative decision) LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 1991 PAGE8 11. CITY ADMINISTRATOR'S REPORT: A. Auditing/Accounting Service Contract with Tautges, Redpath & Co., Ltd. M/S/P Mottaz/Dick Johnson - to approve and direct the City Administrator to sign the proposed contract from Tautges & Redpath for 1991/92 Accounting & Auditing Services. (Motion carried 5-0). B. Request for trailer for Maintenance Dept. Maintenance Foreman, Dan Olinger, is asking for funds to purchase a trailer for street patching. Councilman Williams asked what the cost would be in building this trailer and what is this trailer supposed to be used for. The Council made the following motion: M/S/P Mottaz/Dick Johnson - to refer this request by the Maintenance Dept for a trailer to the Maintenance Advisory Committee. (Motion carried 5-0). C. Resolution No. 91-33 Opposing "Police Bill of Rights" The City received an Action Alert from the League of Minnesota Cities urging cities to contact House members to urge them to oppose legislation that would restrict local authority to conduct internal police investigations. The City Administrator had talked to Sheriff Trudeau about this and he has indicated a strong desire for the city to adopt this resolution. M/S/P Hunt/Dick Johnson - to adopt Resolution No. 91-33, A Resolution Opposing "Police Bill of Rights" Legislation (HR 2946). Motion carried 5-0). The Council adjourned the meeting at 11:25 p.m. and opened up a closed session for the purpose of discussing pending litigation. ----------------------------- Resolution No. 91-33: Resolution Opposing "Police Bill of Rights" Legislation (HR 2946). Resolution No. 91-3K. Adopting the 1991 City Engineering Standards Since we do not have time to discuss every pint presented, 1 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 OCTOBER 15, 1991 7:00 p.m. MEETING CONVENES 1. AGENDA 2. MINUTES: September 24, 1991 October 1,,1991 3. CLAIMS 4. OLD BUSINESS: 5. Dick Herold: Washington County Highway Dept. Discussion on 10th Street Improvements 6. PLANNING/LAND USE & ZONING: A. Linder's Greenhouse EAW B. OTHER 7. CITY ENGINEER'S REPORT: A. 1991 City Engineering Standards B. OTHER 8. CITY ATTORNEY'S REPORT: A. Derrick Lawsuit Update l B. OTHER (over) 9. Harriet McPherson: Lake Elmo Airport 10. CITY COUNCIL REPORTS: A. Mayor Johnson: Historical Preservation, B. Councilman Hunt C. Councilman Johnson D. Councilman Mottaz: City Council Meetings E. Councilman Williams 11. CITY ADMINISTRATOR'S REPORT: A. Auditing/Accounting Service Contract with Tautges, Redpath & Co., Ltd B. Request for Trailer from Maintenance Dept. C. Resolution 91-33: Opposing "Police Bill of Rights" D. Other 12. ADJOURN