HomeMy WebLinkAbout03-02-92 CCMMINUTES APPROVED: 3-17-92
MINUTES ISSUED: 4-3-92
LAKE ELMO CITY COUNCIL MEETING MINUTES
MONDAY, MARCH 2, 1992
Mayor Johnson called the City Council meeting to order at
7:06 p.m. in the City Council chambers. Present: Mayor
Johnson, Hunt, Mottaz, Williams, City Engineer Prew, and
Administrator Kueffner. Absent: Councilman Johnson.
1. AGENDA
Delete 6A. Highway 5 Overlay Update
M/S/P Hunt/Williams - to approve the March 2, 1992 City
Council agenda as amended. (Motion carried 4-0).
2. MINUTES: February 18, 1992
M/S/P Hunt/Williams - to approve the February 18, 1992 City
Council minutes as amended. (Motion carried 4-0).
3. Claims
Question claim #95904: NSP bill for parks $681.93, Could
this amount be broken down between heat vs. lighting?
Question claim #95908: James R. Hill bill $148.00, Time
spent on Collyard should be a pass-thru.
M/S/P Williams/Mottaz - to approve the March 2, 1992 Claims
#95889 thru #95936 as presented. (Motion carried 4-0).
4. PUBLIC INQUIRIES
Steve DeLapp asked if the Council knew what the status was
of the Hidden Valley development in Oakdale? Will it be
coming to us for a comp plan amendment?
Mayor Johnson explained the Oakdale PZ held a public hearing
on Hidden Valley and approved the 192 unit development
(reduced from 220 units) on a 7-2 vote. The group attending
the meeting, comprised of residents from Oakdale, Lake Elmo
and Pine Springs, submitted a petition requesting an EAW
stating there are physical, environmental, sociological
problems with this development.
Administrator Kueffner reported that all the PZ was dealing
with was land use issue. The review by other communities
and the VBWD will be done during the platting stage. Met
Council has not even seen the application yet.
LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1992 3
B. Planning Commission's Recommendation on
MUSA Ordinance.
The Planning Commission recommended the MUSA Ordinance Final
Draft, dated February 24, 1992, to the City Council for
their approval and after Council approval the Planning
Commission will then call a public hearing.
M/S/P Hunt/Williams - to direct the Planning Commission to
schedule a public hearing on the MUSA Ordinance Final Draft
dated February 24, 1992 for their first meeting in April or
at their earliest convenience. (Motion carried 4-0).
Councilman Williams noted the following concerns:
Page 3, D. ACCESSORY USES,
1) Satellite dish antennas to permit tele-conferencing.
--Set some kind of limit on the number and size of
satellite dish antennas allowed.
Page 3, E. MINIMUM DISTRICT REQUIREMENTS
4. Minimum Building Setback from Property Lines:
--Consider the justification for the setbacks that are
proposed, especially those that call for conditional
setbacks for each storey above the first.
Page 4, 6. Maximum Building Height:
--Is 60' maximum building height wise? This is higher
than allowed in any other part of the city, primarily
because of fire protection reasons.
Page 5, 2. PARKING:
Screening - Specify what would be allowed screening.
Page 5, 3. LANDSCAPING:
The two distances appear to be inconsistent in 3. and
EA on Page 3. a buffer area of a minimum depth of
100' will be required." E.4, talks about any line
adjacent to a residential zone 150, (this area is to be
reserved for landscaping.)
Should the words be added "built" or "constructed" before
the final inspections are completed: "Such a buffer area
shall be completely defined and designed, and approved by
the City prior to all final City inspections for
construction on site."
Councilman Hunt voiced his concern on:
Page 2, C. CONDITIONAL USE:
Item 11. Full service restaurants where food is served
to a customer and consumed while seated at a counter or
table.
--These establishments that would be allowed should not
have liquor licenses.
LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1992 4
In regard to impact fees Mayor Johnson liked the idea, but
voiced his concern about the fees charged a development and
be very clear how they are demanding extra services and
account for those extra services. We have to be consistent
in all districts. If this got out of hand, this could be
challenged.
Mayor Johnson wondered if some of the conditional uses, if
they are appropriate uses, should be allowed by being
permitted uses in the zoning district.
M/S/P Williams/Hunt - that the 75 day deadline, which had
previously been set by the City Council on development of
this MUSA ordinance, be extended to coincide with the
deadline for review by the Met Council of our Comprehensive
Plan amendment for this MUSA area. (Motion carried 4-0).
C. Planning Commission's Recommendation on
zoning south of 10th Street.
Planning Commissioner, Rita Conlin, explained the PZ has
requested further information on clustering, which they have
not received as yet, and have placed clustering on their
work plan.
Mayor Johnson explained his understanding was that the two
items, clustering and the rezoning of property south of 10th
Street, were to be reviewed simultaneously by the PZ.
Councilmen Williams and Hunt recalled that clustering and
the rezoning of property south of 10th Street were not to be
linked together, but to be investigated independently by the
PZ.
M/S/F Williams/Hunt - to direct the Planning Commission to
hold a public hearing on rezoning areas 1 and 2, as outlined
in Mike Black's map, with the exception of the Hanson
property. (Motion failed 2-2: Mayor Johnson: This motion is
premature at this point, Mottaz: the question as to what is
the Comprehensive Plan and what are the amendments have to
be resolved).
Mayor Johnson: The Comp Plan indicates a 1/4 mile along the
freeway as Highway Business overlay which appears to him
that an amendment would have to be made. He had a problem
with the Comp Plan now because we have a map indicating
future land uses that are outside of the written comp plan
that states this would be a Highway Business Overlay.
A discussion ensued regarding whether or not the document
adopted by Resolution No. 91-41 and labelled "Lake Elmo
Comprehensive Plan 1990-2010" replaces any and all previous
versions of the Lake Elmo Comprehensive Plan.
LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1992 5
Councilman Williams made it clear that the MUSA line is not
getting his vote unless this rezoning gets the Mayor' vote.
D. Planning Commission's recommendation on
Limited Business.
A public hearing was held by the PZ on the Limited Business
Ordinance on December of 1990. Because of the time lapse and
the number of changes made to this ordinance since that
time, Administrator Kueffner suggested the PZ hold another
Public Hearing.
The Council indicated they realized the PZ held a public
hearing, but they were asking them to hold another hearing
and were not telling them to change the ordinance.
M/S/P Hunt/Mottaz - that the Planning Commission review the
Limited Business Ordinance and then schedule another public
hearing. (Motion carried 4-0).
E. Surface Water Management --Adoption of VBWD Plan
Administrator Kueffner asked this item be postponed until
the next meeting for a report by Attorney Filla.
M/S/P Williams/Hunt - to postpone consideration of the
adoption of the VBWD Plan, but at the same time list
questions that need to be addressed: (Motion carried 4-0).
(1) Is it true January 1, 1990 was the completion
deadline or can we still adopt our own?
(2) If we adopt the VBWD plan now, do we then gain the
advantages of having our own plan as far as review
authority.
(3) If we adopt the VBWD plan now, can we change it in
the future as long as those changes are consistent
with the VBWD's plan and receives their needed
approval.
F. Update on Hammes Clean -Up by Building Official
The Council set Saturday, April llth, 9:00 a.m. for the
Hammes walk-thru which includes the west side of County Road
19.
Building Official, Jim McNamara, reported in his update of
February 27, 1992, that the west side of County Road 19 has
items and machinery used for glass recycling which is being
done by a friend of the Hammes'.
LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1992 6
M/S/P Mottaz/Hunt - to direct the City Attorney to send
official notice to the Hammes stating that the recycling of
glass and cardboard is illegal and should cease immediately
and be cleaned up within 60 days. (Motion carried 4-0).
Mayor Johnson will research allowing a recycling operation
in the City under a C.U.P. in the Ag Zoning and would
introduce a motion in two weeks that would allow a C.U.P.
for limited recycling.
Councilman Williams pointed out that if the code is amended
to allow recycling as a CUP in Ag areas, the Mayor consider
there are many Ag areas that are flat and viewable from
large distances.
6. CITY ENGINEER'S REPORT:
A. Highway 5 Overlay Update - (Agenda Item Deleted)
7. CITY ATTORNEY'S REPORT:
8. CITY COUNCIL REPORTS:
Mayor Johnson alerted the Council of the possibility of
a County plan splitting Lake Elmo which would result in
having two County Commissioners.
M/S/P Williams/Mottaz - to direct the City Administrator to
write a letter to the County Board objecting to any plan for
redistricting commissioner districts which results in
splitting Lake Elmo. (Motion carried 4-0).
9. CITY ADMINISTRATOR'S REPORT:
A. Fire Department By -Laws
The Council commended the Fire Department for a good job on
redoing their By -Laws.
Referring to changes on Page 11, the Council favored 112/3
majority" vote of the members present and approval of the
Fire Department By -Laws by the Council.
M/S/P Mottaz/Mayor Johnson - to approve the Fire Department
By-laws with the exception of Rule 11 amending the By -Laws.
(Motion carried 4-0).
M/S/P Mottaz/Williams - to approve the roster of the Fire
Department Officers who were elected by the members of the
department on November 19, 1991. (Motion carried 4-0).
Elected for two(2.) year terms:
Chief - Dick Sachs
Captain - Steve Speltz
Captain - Al Kupferschmidt
LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1992 2
B. Cimarron resident regarding sidewalk maintenance.
Floyd Olson submitted a petition signed by residents of
Cimarron Park in an effort to have NHD maintain the main
sidewalks, that being the sidewalks on the main street that
circle the park, and asked if a maintenance ordinance could
be created. Olson also asked what could be done by the City
for cleaning up homes and removal of condemned homes in the
park. .
Administrator Kueffner reported there were many "snow birds"
left on the streets which created a problem for snow
removal. These cars had to be removed before any snow
maintenance could be done. Before the Attorney could
respond to these questions, Fills, has asked to see a copy of
a lease. Fills's first assumption, without reviewing the
lease, was any rule that the City implements in the park we
would have to also implement on all private property in the
city.
Attorney Filla will review the background material and
report back to the city council.
C. Informational meeting for a septic system upgrade
program in portion of Old Village.
City Engineer Tom Prew provided a report on the Old Village
Septic System Problems.
The Council discussed the three possible solutions to this
problem suggested by the Engineer. The Council voiced their
concern on how to size the system to accommodate what is
really needed for this area so this only has to be done
once.
M/S/P Mottaz/Williams - to direct the staff to study the Old
Village septic system problems and come up with a
recommendation for possible solutions and return to the
Council in a month. (Motion carried 4-0).
5. PLANNING/LAND USE & ZONING:
A. Planning Commission's Recommendation on
Flood Plain Ordinance.
Councilman Williams suggested several changes and
corrections. After some discussion, it was decided a
workshop session would be held.
M/S/P Williams/Hunt - to hold a workshop meeting on Tuesday,
March 10th, 7:00 p.m. for the purpose of discussing the
DRAFT Flood Plain Ordinance. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1992 7
1992 Fire Officers:
Chief - Dick Sachs
ASst. Chief - Jim Sachs
Captain - Al Kupferschmidt
Captain - Greg Malmquist
Captain - Mike Speltz
Captain - Steve Speltz
B. Status of Parks Commission Member
The City Administrator wrote a letter to Jim Yarusso asking
if he was still interested in being on this commission, but
never received an answer.
M/S/P Hunt/Williams - to move Karin Enes up to a full voting
member to serve out Jim Yarusso's term, that Randy Thoreson
be moved up to 1st Alternate, and the City should advertise
for a vacancy on the Parks Commission. (Motion carried 4-
0) .
C. Reschedule April 7th meeting
The April 7th presidential primary falls on the same day as
the first council meeting in April.
M/S/P Mottaz/Hunt - to reschedule the April 7th City Council
meeting to Monday, April 6th. (Motion carried 4-0).
D. Resolution for Compost Site to be operated by the
City of Lake Elmo
As directed by the Council, the City Administrator prepared
a Resolution for the City -operated compost site.
M/S/P Hunt/Williams - to adopt Resolution No. 92-4, A
Resolution Creating the Lake Elmo Compost Site. (Motion
carried 4-0).
E. Water rates from Oakdale --Informational
The Council received a copy of the letter sent to the
Oakdale City Administrator regarding the "misunderstanding"
over the rate that Oakdale is charging us for water. The
City Administrator has not yet received a response from
Oakdale.
LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1992 8
F. Appointments to Heritage Preservation Commission
The City received five letters of interest indicating a
desire to sit on the newly created Heritage Preservation
Commission.
Louise Friedrich, 3463 Lake Elmo Avenue N.
Mike Smith, 546 Cimarron
Chris Wichser and David Herreid, 3476 Lake Elmo Ave.
Susan Dunn, 11018 Upper 33rd St. N.
Gloria Knoblauch, 9181 31st St. N.
Mayor Johnson reported Dale Sherburne and Sue Johnson have
indicated a desire to sit on this Commission and asked that
the City advertise again in the Newsletter for volunteers
needed to servee on this commission.
Gloria Knoblauch serves as a member of the Parks Commission
and indicated she was interested in sitting on this
commission. The question was asked if it was legal (State
law) for a person to be on two official commissions of the
City Council at the same time.
M/S/F Mottaz/Mayor Johnson - to postpone consideration until
the first meeting after needed volunteers for the Heritage
Preservation Commission is advertised in the next Newsletter
and St. Croix Valley Press. (Motion failed 2-2: Hunt: I see
no problem appointing four people tonight, Williams: I feel
we can adequately appoint four members at this time and
appoint three members after additional publications).
M/S/P Mottaz/Williams - to direct the City Administrator to
draft an ordinance to amend the composition of members for
the Heritage Preservation Commission from five to nine
members. (Motion carried 4-0).
M/S/P Williams/Hunt - to appoint to the Heritage
Preservation Commission: Louise Friedrich and Mike Smith to
terms of one year, Chris Wichser and Susan Dunn to terms of
two years, David Herreid to a term of 3 years and direct the
city staff to advertise for more members and have the city
staff determine whether or not Gloria Knoblauch can serve on
two official city commissions at the same time. (Motion
carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES MARCH 2, 1992 9
G. Appointments to Maintenance Advisory Commission
The City received three letters of interest in serving on
our Maintenance Advisory Committee.
Dick Gustafson, 8718 Lake Jane Trail N,
Bill Moeller, 2455 Lansing Avenue N.
Bill Wacker, 3603 Laverne Avenue N.
M/S/P Hunt/Mottaz - to appoint Dick Gustafson, Bill Moeller,
and Bill Wacker to the Maintenance Advisory Commission.
(Motion carried 4-0).
H. League Memo re:1/2 cent sales tax.
The City received a memo from Don Slater, Executive Director
of the League of Minnesota Cities alerting us to a proposal
made by the AMC to county commissioners proposing that
counties consider revoking the 2 cent option sales tax.
M/S/P Williams/Hunt - to direct the City Administrator to
write a letter to our legislators and county board covering
the three points on page 2 of Don Slaters' letter, dated
February 25, 1992. (Motion carried 4-0).
I. Memo from Ellen Sampson re:siting process.
(Informational)
Councilman Williams reported that the Environmental
Resources Committee of the Met Council is meeting at 4:00,
on Wednesday to discuss whether or not they should recommend
reinstating the old siting process.
M/S/P Mottaz/Hunt - to adjourn the City Council meeting at
11:00 p.m. (Motion carried 4-0).
-----------------
Resolution No. 92-4: A Resolution Creating the Lake Elmo
Compost Site
rP
CALL TO AN EMERGENCY MEETING
3/11/92 (3:30 P.M.)
TO: CITY ADMINISTRATOR
THIS NOTICE IS PROVIDED ACCORDING TO MN. STAT. 471.705 (SUBD.
1C(C))-NOTICE. OF MEETINGS, EMERGENCY MEETINGS. IT IS INTENDED AS A
WRITTEN DIRECTION BY THE UNDERSIGNED FOR THE PURPOSE OF FILES AND
NOTIFICATION OF CITY COUNCILPERSONS AND 'NEWS MEDIUM THAT HAVE FILED A
REQUEST' TO BE NOTIFIED:
DATE AND TIME OF MEETING: MARCH 12, 1992 AT 7:00 P.M.
PURPOSE: UPON THE RESULTS OF A MEETING WITH THE METRO. COUNCIL THIS
DAY BETWEEN MET. COUNCIL REPRESENTATIVES, M.W.C.C. REPRESENTATIVES, CITY
OF OAKDALE REPRESENTATIVES, AND LAKE ELMO REPRESENTATIVES THE SUBJECT OF
WHICH WAS APPROVAL/DISAPPROVAL OF LAKE ELMD'S REQUEST FOR EXTENSION OF
MUNICIPAL URBAN SERVICES TO 440 ACRES OF LAND EAST OF COUNTY 13, IMMEDIATE
ACTION MUST BE TAKEN,
IT WAS MADE KNOWN THAT RESULTS OF 'STAFF' RECOMMENDATIONS TO THE
"METROPOLITAN AND COMMUNITY DEVELOPEMENT COMMITTEE" OF THE MET.
COUNCL. MUST BE HEARD BY THAT COMMITTEE ON MONDAY, 3/16/92, IN ORDER
TO MEET THE "TIME TO REVIEW" REQUIREMENT OF THE FULL COUNCIL. FOR OUR
REQUEST FOR EXTENSION OF THE M.U.S.A. (WHICH HAS A CUTOFF DATE OF
3/31/72). THAT MEANS THAT WE MUST EITHER BE PREPARED TO DEAL WITH
RECOMMENDATIONS IN THE STAFF REPORT (WHICH, ESSENTIALLY SAY NO TO
EXTENSION) OR ASK FOR FURTHER DELAY TO DETERMINE IF OTHER ARRANGEMENTS
CAN BE MADE (I.E. M.W.C.C. HAS PRESENTED ALTERNATIVES).
EACH OF THE CITY COUNCIL MEMBERS MUST HAVE, ATTACHED WITH THIS NOTICE.,
RECEIVED A COPY OF FINDINGS OF THE MET COUNCIL STAFF REPORT INCLUDING
M.W.C.C. RECOMMENDATIONS. EACH COUNCIL MEMBER MUST REVIEW THE REPORT IN
LIGHT OF THE MET. COUNCIL'S TIME GUIDELINES FOR COMPLETION OF WORK ON OUR
PROPOSAL. REPORTS FROM OUR ADMINISTRATOR, PLANNER, AND ENGINEER WILL ALSO
BE MADE TO ALLOW DISCUSSION AND APPROPRIATE CITY COUNCIL DIRECTION.
ARE ANY QUESMNS. PLEASE/HEEiw_FREE TO CALL ME,
DA4D D, JOHNSON,
CITY OF LAKE ELMO
N O T I C E O F E M E R G E N C Y M E E T I N G
THE MAYOR HAS CALLED AND EMERGENCY MEETING OF THE LAKE ELMO
CITY COUNCIL FOR THURSDAY, MARCH 12, 1992 AT 7:00 P.M. IN
THE CITY COUNCIL CHAMBERS TO DISCUSS THE FOLLOWING:
1. COMPREHENSIVE PLAN AMENDMENT (MUSA EXTENSION)
SIGNED:
MARY K EFFNt-]�, CITY ADMINISTRATOR ,-
DATE: MARCH 11, 1992
POSTED: MARCH 11, 1992