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HomeMy WebLinkAbout04-06-92 CCMMINUTES APPROVED: 4-21-92 MINUTES ISSUED: 5-1-92 LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 1992 Mayor Johnson called the City Council meeting to order at 7:04 p.m.in the City Council chambers. Present: Mayor Johnson, Hunt, Dick Johnson, Mottaz, City Engineer Tom Prew, Planner Mike Black, Attorney Tim Hassett and Administrator Kueffner. Absent: Councilman Williams. 1. AGENDA Add: Written Public Inquiry by Susan Dunn, 6G. Minor Comp Plan Amendment. M/S/P Dick Johnson/Hunt - to approve the April 6, 1992 City Council agenda as amended. (Motion carried 4-0). 2. MINUTES: March 17, 1992 M/S/P Hunt/Mottaz - to approve the March 17, 1992 City Council minutes as presented. (Motion carried 3-0-1: Abstain: Dick Johnson). 3. CLAIMS The City Council requested the City Attorney submit a listing of a breakdown to the tenth of an hour of his administrative charges. M/S/P Mottaz/Dick Johnson - to approve the April 6, Claims #401 thru #455 as presented. (Motion carried 4-0). 4. A. Public Inquiries Susan Dunn submitted a written inquiry concerning a large pile of dirt which was placed beside.the common drain field with the understanding that this would be removed after a specific date. With the concern for surface water drainage, Dunn felt it would be in the best interest of Lake Elmo to have the land restored to its natural drainage state before starting a new drainage and road resurfacing project within the Old Village Area. M/S/P Mottaz/Dick Johnson - to direct the City Administrator to write a letter to Ed Gorman inquiring about his intention on his restaurant expansion. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MEETING APRIL 6, 1992 2 Steve DeLapp, 8468 Lake Jane Trail, indicated he received a copy of an 18 page letter with exhibits written to the Met Council by Mayor Johnson and Councilman Mottaz. Who paid for the distribution of these 30 copies? When did the City Council authorize two of the Council members to write a letter in their official capacities as Mayor and Council person? Do the other council members think it is appropriate or inappropriate for information to be provided to them thru the City Administrator's office? Mayor Johnson explained that the comments made in this letter to the Met Council were relative to a letter they (Met Council) mailed to the City Administrator covering policy and procedure issues. Policy and procedure issues should be addressed to the council and not to the city administrator. In particular, they stated a conclusion that the Mayor and Councilman Mottaz have disagreed with. The letter asked a Met Council staff member to address future correspondence on policy and procedure issues to the City Council and further goes into the reasons. Copies were made by himself on the City's copy machine for every Council member and all the planning commissioners for the purpose of putting together the comp plan and the latest amendment. Councilman Mottaz commented it was entirely appropriate for him to make a statement as city council person whenever he chooses without getting permission from this council or anyone else as long as he is not stating a position of the city or making some claim to be speaking for the city. Councilman Johnson felt it was totally appropriate for the city administrator to ask for and receive a position from the Met Council as to what their understanding as to the status of the Lake Elmo Comp Plan. The Council should receive all communication regarding policy issues and felt this information has been communicated back to the Council. The letter even though not written on city letterhead leads to some confusion on the part of the Met Council and accomplishes nothing. The issue about what Comp Plan we are under is much to do about nothing because the Future Land Use Map in the 1990 document is the map we will operate under. Councilman Hunt indicated he felt the letter takes a strong stance and almost implies the City Administrator has not done a good job of communicating to the Council when quite literally she had done an excellent job. Although the letter from the Met Council was sent to the city administrator a copy was communicated to the entire council. The council sets policy and the staff are the people who implements those policies in the city. Any individual on the Council has no more power on setting policy or running the City than any other person in the entire City. LAKE ELMO CITY COUNCIL MEETING APRIL 6, 1992 3 Gloria Knoblauch, 9181 31st St. N, in order to save money in the future the City should install a sewer system in the Old Village and other dense neighborhoods. B. Public Information: Mn/DOT to address TH 5 Mill and Overlay. Ron Voelker, representative from MnDOt, reviewed the planned State Highway 5 Mill and Overlay project with the City Council, The Council voiced their concern about a very serious problem with the "T" intersection at County Road 15 and Hwy 5. Although the intersection is quite open, it is hard for people turning from County 15 to correctly judge the speed of oncoming vehicles. Problems with this intersection are going to get worse with the construction of the new Stillwater High School and additional commercial going in along Hwy 5. The Council commented on the inadequate size of the shoulders on Hwy 5 to the amount of traffic and suggested planting trees to provide for a windbreak. When asked if there would be a turning lane a Klondike Avenue, Voelker answered there would be a right lane turn at that intersection. The Council suggested reconstructing County Rd 15 to meet Highway 5 at a right angle. Voelker stated County Road 15 is a little high making the turn difficult, but the danger with the intersection is in the sight lines. Another suggestion was to make an acceleration lane from west to east. Voelker explained improving the intersection is not something this project is funded for or approved to do and is beyond the scope of a mil and overlay project. When asked if MnDOT is considering installing stop lights at the intersection of Cty Rd. 17 and Hwy 5, Voelker answered this would have to be done under another project. Councilman Mottaz pointed out there is historic significance where the 15 trees are proposed to be eliminated because there use to be a layover station when this was just a pathway from St. Paul to Stillwater. M/S/P Dick Johnson/Mottaz - to direct the City Administrator to write a letter to Mary LaPlante, MnDOT, voicing the Council's concerns and objections to taking Lake Elmo out of the planning process of this improvement. (Motion carried 4-0). 5. OLD BUSINESS: LAKE ELMO CITY COUNCIL MEETING APRIL 6, 1992 4 6. PLANNING/LAND USE & ZONING: A. MUSA Update Mike Black reported the Metropolitan Council had prepared a preliminary staff report for review by the City. In this report, the Met Council had recommended denial based on 23 findings of fact of the City's MUSA Extension application. A meeting was held on March 27th at the Met Council to discuss this staff report. The City discussed in detail their recommendations and brought up issues in terms of what our feelings were and where we wanted to be. The Met Council is now preparing a new staff report. The Met Council Committee on Community Development will meet at 4:00 p.m. on Monday, April 13th in the Met Council Chambers. Administrator Kueffner has contacted the administrator from both Woodbury and Oakdale to determine if there was any basis for borrowing some of the sewer capacity so that we could proceed with our MUSA extension. Barry Johnson, Woodbury, stated it was very unlikely as they have property within the MUSA that they do not have capacity to sewer. Larry Whittaker, Oakdale, stated the city should propose something that he could take to his council for review. Councilmen Hunt and Johnson pointed out the Council authorized a fixed amount of $10,000 for spending on the MUSA Extension. The City has already spent $19,755 and at some point will have to cut off the spending because we don't have the budget for it. B. FOX FIRE MANOR: Petition for Street Improvement. The City received a petition signed by 100% of the property owners within the Fox Fire Manor development for construction of 55th Street within this new development. The Council indicated they did not have the money in the budget to up front the costs of such an improvement. M/S/P Mottaz/Hunt - to deny the petition request for construction of 55th Street within Fox Fire Manor. (Motion carried 4-0). The City Attorney was asked to have a determination for the next meeting as to whether or not this request can be defeated on a motion. LAKE ELMO CITY COUNCIL MEETING APRIL 6, 1992 5 C. Petition for Pedestrian Walkway The City received a memo from Don Wisniewski regarding a petition the County received requesting the construction of a walkway along County road 13, in particular a segment between 40th Street and 50th Street. Because the County has received other similar requests along portions of this roadway, they feel the entire corridor --from TH5 to TH36-- should be analyzed and recommends establishing a committee to study the feasibility of these requests. The City of Oakdale has already made appointments to this committee, Brent Brommer, City Planner, and Councilman, Pat O'Hara. The Council indicated they were in favor of such a trail. Councilman Johnson added he saw problems trying to develop a trail because of concerns from the property owners and trees that needed to be removed. A possibility could be a trail put through Olson Lake Estates and come around. The Council suggested asking the Tri-Lakes Executive Board to come up with a representative from their group. Volunteers suggested were: Councilman Mottaz, Parks Supervisor or a Parks committee member, Deputy Clerk, staff member who lives on Olson Lake, and Terry Boczek (resident on proposed trail) that might be interested. The City Administrator will poll the council by telephone on appointments to this committee. D. OAKDALE COMP PLAN AMENDMENT: Hidden Valley Mike Black provided a copy of his memo to the Met Council reviewing the City Of Oakdale's Minor Comprehensive Plan Amendment, Hidden Valley. Mayor Johnson question the fact this is a minor comp plan amendment and should be addressed through an EAW. Councilman Hunt pointed out this would have a potential impact on the regional system, particularly on Highway 36 and Hadley Avenue. The City Attorney was asked to respond to what are the City's options and what legal actions may be available to the City. The Council and Planning Commission was asked to forward their comments regarding this amendment to the Administrator so the staff can put together a city response. If the review period allows, this response will be brought to the next City council meeting. LAKE ELMO CITY COUNCIL MEETING APRIL 6, 1992 6 E. Stonegate: Final Plat The Council indicated they were in favor of the plat configuration, but requested the following questions be answered satisfactorily for the next council meeting in order for the council to take a vote on the Final Plat. 1. The Council requested the City Attorney's opinion regarding covenants versus deeds as legal as well as the best means of conveyance. (City has some means of enforcing this requirement of notification to landowners.) Mr. Peterson will redesign covenants to include stronger language for notification of landowners of Conditional Use Permits adjacent to this property. 2. The Council asked the staff (Mike or Tom) to review DNR regulations with regard to wetlands in this plat. 3. The Council has to determine final definition of trails as to gravel and grade or grade them in. 4. The Council has to finally agree to urban or rural street standards. 5. The Council requests an opinion from the maintenance foreman as to acceptability and maintenance of cul-de-sac islands. F. Clustering City Council members will provide each'of their review on clustering for the next Planning Commission meeting. G. Minor Comp Plan Amendment by Oakdale for Walmart Mike Planner will review this minor comp plan amendment by Oakdale for a Walmart on 10th St N. The Planning Commission will discuss this amendment at their April 13th meeting. 7. CITY ENGINEER'S REPORT: A. Old Village Septic Systems B. Creation of Storm Water Utility The Council will hold a special workshop on Tuesday, April 14th at 7:00 p.m. to discuss these two items. The City Engineer will have 1992 Road Maintenance on the next cc agenda. LAKE ELMO CITY COUNCIL MEETING APRIL 6, 1992 7 8. CITY ATTORNEY'S REPORT: A. History of Roger's Case The City Council received copies of the history of the Joe Roger's case. This will be reviewed and discussed at the next Council meeting. 9. CITY COUNCIL REPORTS: Councilman Jess Mottaz would like to meet with the City Administrator and the City Attorney before the next meeting to discuss establishing a special housing zone where we would have provisions to allow senior citizens housing or a group home like New Life Home has proposed. 10. CITY ADMINISTRATOR'S REPORT: A. Maintenance Trailer Last October, the Council referred the request from the Maintenance Foreman for a trailer to the Maintenance Advisory Committee who strongly recommended against this trailer purchase. The Maintenance Foreman feels there always has been a need for a second trailer and asked council consideration in purchasing this equipment from Carlson Equipment in the amount of $1,839.20. M/S/P Mayor Johnson/Dick Johnson - prior to further consideration the Maintenance Dept. attempt to find a second-hand trailer thru whatever means possible. (Motion carried 4-0). M/S/P Dick Johnson/Mottaz - to request the city administrator direct the Maintenance Dept. review the excess equipment that is in the boneyard and determine what can be salvaged and moved out. (Motion carried 4-0). B. Election Judges M/S/P Mottaz/Hunt - to approve the list of election judges for the April 7th Presidential Primary election as presented and set the wage at $5.00 per hour for the Head Judges and $4.25 per hour to the other Judges. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MEETING APRIL 6, 1992 8 C. Ordinance Amendment: Heritage Preservation M/S/P Hunt/Mottaz - to adopt Ordinance 8063, An Ordinance amending Section 212.012 and Section 212.013 of the Lake Elmo Municipal Code regarding composition (change from 5 o 9 members) of the Heritage Preservation Commission which requires each person must reside within the City with the exception of ex-officio members. (Motion carried 3-1: Dick Johnson: People other than citizens of Lake Elmo should not serve on this committee). D. League Conference The Mayor indicated he would be attending the League Conference in Bloomington on June 9-12th. The City Administrator will remind the City Council of the registration deadline. E. Other: Reminders: Hammes Walk-thru April 11th Board of Review April 16th, 3-6 pm. M/S/P Mottaz/Hunt - to adjourn the city council meeting at 11:25 p.m. (Motion carried 4-0). Ordinance 8063: An Ordinance amending Section 212.012 and Section 212.013 regarding composition (Change from 5 to 9 members) of the Heritage Preservation Commission P R O C L A M A T I O N I, Dave Johnson, Mayor of Lake Elmo has proclaimed SATURDAY, MAY 2, St. Jude Children's Research Hospital Wheels for Life Bike-a-Thon Day in Lake Elmo. volunteer workers and riders are needed for the Bike-a-Thon to raise funds for the world-famous research center in its battle against childhood cancer and catastrophic childhood diseases. "We're looking for riders and helpers who will contribute their time and talent to help children live. We really need lots of riders, since they are the ones who can make this Bike-a-Thon successful," said Leann LaBarre, Event Chairperson. St. Jude Hospital is non- sectarian, interracial and provides medical care for over 3,600 active patients. Currently, over $215,000 is needed each day to keep the doors open. These funds come primarily from public contributions. The Bike-a-Thon will be held on Saturday, May 2 from 9:00 a.m. to Noon in the parking lot of the Lake Elmo Baptist Church on Highway 5 just West of Lake Elmo. Riders ask their sponsors to make a donation based on each mile completed. All riders turning in money will receive a certificate. Those who raise $30 will get a certificate and a special St. Jude T-shirt. When $75 is raised, the rider receives a sports bag as well as the certificate and T-shirt. "The real prize, though, is the pride everyone can take in giving children a chance to live a normal life," LaBarre said. This year's event is dedicated to Brooke Simon, a six -year old from Louisiana who is battling cancer. Following removal of the left kidney, Brooke has undergone radiation and chemotherapy. Though her prognosis is good, her fight still continues. The event is being co -sponsored by the Lake Elmo Area businesses and the Lake Elmo Baptist Church with volunteer help being sought from the entire St. Croix valley. Sign-up and pledge sheets may be obtained at: Domino's Pizza - 3825 Lake Elmo Avenue N, Lake Elmo Baptist Church - 10240 Stillwater Blvd N. The Lake Elmo Baptist Church Info -Line (770-2154) has been dedicated to the Bike-A-Thon for the month of April. If you need to speak to someone, personally, however, you may phone the church at 770-1030 and ask for Marilyn. David Johnson, Mayor City of Lake Elmo Since we do not have time to discuss every point 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 APRIL 6, 1992 7:00 P.M. MEETING CONVENES 1. AGENDA 2. MINUTES: March 17, 1992 3. CLAIMS 4. A. PUBLIC INQUIRIES B. PUBLIC INFORMATION: MN/DOT to address TH 5 Mil & Overlay. 5. OLD BUSINESS 6. PLANNING/LAND USE/ZONING: A. MUSA Update. B. FOX FIRE MANOR: Petition for Street Improvement. C. Petition for Pedestrian Walkway. D. OAKDALE COMP. PLAN AMENDMENT: Hidden Valley. E. STONEGATE: Final Plat F. CLUSTERING. 7. CITY ENGINEER'S REPORT: A. OLD VILLAGE SEPTIC SYSTEMS. B. CREATION OF STORM WATER UTILITY. C. OTHER. 8. CITY ATTORNEY'S REPORT: A. HISTORY OF ROGER'S CASE. 9. CITY COUNCIL REPORTS: MAYOR Dave Johnson COUNCILMAN Lee Hunt Dick Johnson Jess Mottaz Todd Williams 10. CITY ADMINISTRATOR'S REPORT: A. MAINTENANCE TRAILER. B. ELECTION JUDGES. C. ORDINANCE AMENDMENT: Heritage Preservation. D. LEAGUE CONFERENCE. E. OTHER: Reminder - - Hammes Walk-thru April 11th - Board of Review April 16th, 3 - 6 p.m. in the City Council Chambers 11. ADJOURN.