Loading...
HomeMy WebLinkAbout02-16-93 CCMMINUTES APPROVED: 3-2-93 LAKE ELMO CITY COUNCIL MEETING FEBRUARY 16, 1993 Mayor John called the city council meeting to order at 7:06 p.m. in the city council chambers. PRESENT: Mayor John, Mottaz, Conlin, Johnston, Johnson, City Engineer Bohrer, City Attorney Filla and Administrator Kueffner. 1. AGENDA Add: 5E. Police Contract, 8B. Update on Olson Lake Pond, 8C. 1993 MSA Feasibility Study, 8D Preparation for Storm Water Utility Information meeting. M/S/P Johnson/Johnston - to approve the February 16, 1993 City Council agenda as amended. (Motion carried 5-0). 2. MINUTES: February 2, 1993 M/S/P Mottaz/Conlin - to approve the February 2, 1993 City Council minutes as amended. (Motion carried 5-0). 3. CLAIMS (No claims list) PUBLIC INFORMATIONAL Valley Branch Watershed District Vacancy Diane Kruse, Oakdale, has submitted her resignation from the Valley Branch Watershed District Board of Managers effective February 19, 1993. A copy of the County's advisory board application form is available at City Hall and a list of nominees will be considered prior to March 5, 1993. This vacancy will be advertised on cable. Traffic Figures on 10th Street Steve DeLapp, 8468 Lake Jane Trail, stated that the figures that Washington County used in a prior meeting were inflated. He feels that the road, if it were remodeled, could handle 14,000 vehicles per day when the county used 11,500 in the year 2010. He asked the council to consider this long term alternative --Fix the roadbed, including shoulders, and resurface the driving lanes for County 10 to accommodate a 45 mph two-lane 40 foot wide urban profile after a 1/4 mile taper from a four lane section between I- 694 and Helmo. Include at state cost, the full amount of the landscaping allowance. By installing curbs and limiting speeds to 45, trees and shrubs can be planted to separate the road from adjacent houses and wetlands and be aesthetically desirable. The Council listened, but didn't feel it was the right time to discuss the issue without the County present. The Council decided to continue on with the county's plans. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1993 2 5. OLD BUSINESS: A. Gene Peltier: Minor Subdivision with variance, 10376 Hudson Blvd. Bruce Folz, representing Gene Peltier, explained that Gene wants to start conveying his property to his children. At their December 9, 1991 and July 13, 1992 meeting, the Planning Commission recommended Mr. Peltier rezone the 22 acres to RE and plat the outlot at 2.5 acres and request a variance from the 250' diameter requirement with the hardship being it would create an odd shape lot due to the location of the existing house and would hinder future platting access and design which is how Mr. Peltier proceeded. M/S/P Conlin/Mottaz - to direct the staff to draft an amended resolution for the March 2nd council meeting granting a minor subdivision with two variances for lot configuration, 250' circle and the 3:1 ratio requirement in the RE zoning district based on the stated hardships. (Motion carried 5-0). B. Sampson Accessory Building Mary Woodward read Attorney Magnuson's (Sue Sampson's attorney) letter dated February 16, 1993 to the Council. Barbara Otto asked that Mayor John abstain from voting on this matter because he has taken a very partisan viewpoint. He has been out to the Tjosvold property, and she didn't know if they wined and dined him, but he seems to have taken their information as fact. The Council received a letter from Brian Tjosvold and Cindy Zehrer Tjosvold, 8890 15th St. N., stating their concerns and reasons why the Sampson barn cannot be overlooked. Attorney Filla reported he has reviewed Attorney Magnuson's letter, dated February 16, 1993, and offered the following comments: He did not think that the Lake Elmo Code is difficult to interpret. When this was discussed in the past, the indication was clear that if there are other violations in the neighborhood they should be pursued. He asked the applicant to provide him with any other information that they might have regarding other non- conforming uses and Sampson refused to give that information. In this case, red -tag indicates that the property owner was notified not to proceed because the building was not conforming to city code. In spite of the request of the Washington County Sheriff, construction continued. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1993 3 M/S/P Mottaz/Conlin - to instruct the City Attorney to take the necessary actions to force compliance to the city code on the Sampson barn. (Motion carried 5-0). M/S/P Johnston/Mottaz - that the City Administrator notify the property owners identified by Attorney Filla that they are in violation of the ordinance and should bring their structures into compliance. (Motion carried 5-0). C. Resignation of Parks Member M/S/P Conlin/Johnston - to accept Karin Enes' resignation from the Parks Commission and appoint Kevin Heichel as second alternate, Steve Peterson as first alternate and Judy Blackford as a full -voting member. (Motion carried 5-0). M/S/P Conlin/Johnson - to direct the staff to send a letter to Karin Enes expressing the city's appreciation of her work on the Parks Commission (Motion carried 5-0). Applications under two years old on file for various city commissions will be considered when there are vacancies. D. Response from Rob Enes, PZ Member The Council asked for an explanation of why he was absent from the Planning Commission meetings in 1992. Enes explained in a letter that he had a conflict with his schedule that he has revised for 1993. E. Police Contract Councilman Mottaz brought up his concern that there is no breakdown of costs, patrol hours, days of service, reporting time, stated in the city's law enforcement contract with Washington County. The City Administrator will get a response on services from the Sheriff's Dept and copy for the Council. 6. PLANNING/LAND USE & ZONING: A. Forest Management: Ed Stevens Ed Stevens, 10133 47th Street N., has requested a permit to do some tree thinning on his property. Stevens has planted approximately 8,000 seedlings on his property in the past 30 years and he wishes to weed them out. The trees would be hauled out the end of February and/or the beginning of March. The City notified residents within 350 feet of Mr. Stevens' property of his intentions. There was no one present to speak for or against the request. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1993 4 The City received a letter from Larry Westerberg, DNR Forester, indicating the pine stand in question is overly dense and needs to be thinned to improve the overall health and vigor of the trees. He did not expect any adverse effects to the remaining trees as a result of this thinning. Several council members indicated that the ordinance in the present condition was poorly worded. Mr. Westerberg has recommended a few changes and indicated he would meet with the city. MIS/ Mottaz/Johnson - to allow Ed Stevens, 10133 47th Street N., a permit to thin trees (2,000) on his property. M/S/P Conlin/Johnson - to amend the motion to include requiring a $250 bond in case of street damage caused by the log removal company. (Motion carried 5-0). M/S/P Mottaz/Johnson - to allow Ed Stevens, 10133 47th Street N., a permit to thin trees (2,000) on his property and require Mr. Stevens put up a $250 bond in case of street damage caused by the removal company. (Motion carried 5-0). Larry Bohrer, City Engineer, recommended pads be placed under the feet of the hydraulic stabilizer arms so that there be no direct contact with the pavement and voiced his concern that there may be some damage done to the ditch which would require repair in the Spring. B. Request from Jaycees to have Huff'n Puff Dance Linda Wagner, Lake Elmo Jaycees, requested the city's permission to have a street dance on August 14th in the parking lot at the Lake E1mo.Hardwood Lumber as they did last year. They explained that it is cost prohibitive to hold the dance at the County Fairgrounds. If they use the parking lots at Brookfield II and City Hall, they loose control of the crowd with the open area and in the past the insurance coverage was extreme because of what was requested by Brookfield. Also, Oak -land Jr. High prohibits liquor. Residents in the neighborhood have indicated to the city that they will tolerate the ball tournaments, but not the loud music at the dance. Even though the music quit at midnight, there still were people talking until 2:30 in the morning. M/S/P Mottaz/Johnston - to direct the city administrator to try to get the concerned residents to meet with the Lake Elmo Jaycees and Council to discuss a solution that would be acceptable to them and the Jaycees. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1993 C. Resolution No. 93-10 , Opposing House File 220- Annexation of MN/DOT Lands from City of Lake Elmo to Oakdale D. Section 32 Attorney Filla reported he attended a meeting called by Representative Pamela Neary which was also attended by Oakdale Attorney Caswell, Oakdale Planner Brommer and Representative Walt Perlt. The purpose of the meeting was to review the procedure which results in the introduction of House File 220 and to review general issues relating to Section 32 and Section 33 annexations. If passed, House File 220 would allow Oakdale to Petition the Municipal Board for authority to annex the Mn/DOT property located in Sections 32 and 33. The Municipal Board has indicated to the City of Oakdale that the Board does not have authority to hear a petition presented solely by Oakdale under the current provisions of Minnesota Statutes Chapter 414. The Council reviewed the draft Resolution and added the following statement after the first Now Therefore: AND BE IT FURTHER RESOLVED, that the Lake Elmo City Council requests that the City of Oakdale direct its representatives to withdraw this pending legislation. last paragraph: ....offers to meet with the Oakdale City Council in order .... M/S/P Mottaz/Johnson - to adopt Resolution No. 93-10, as amended, A Resolution in opposition to House File 220 and a copy of the resolution be sent to Rep. Neary, Senator Gary Laidig and the Oakdale City Council. (Motion carried 5-0). E. Ordinance 8084, Floodplain Regulations M/S/P Johnson/Conlin - to adopt Ordinance 8084, An Ordinance adding Section 303.020 C.3. and Section 303.100 B and amending Section 303.050 E.2. and Section 303.080 C. of the 1979 Lake Elmo Municipal Code as it relates to Floodplain Regulations. (Motion carried 5-0). F. Ordinance 8085, Shoreland Regulations M/S/P Johnston/Johnson - to adopt Ordinance 8085, An Ordinance adding Chapter 308 and Repealing Chapter 307 of the Lake Elmo Municipal Code relating to Shoreland Regulations. (Motion carried 5-0). M/S/P Johnson/Johnston - to adopt Summary of Ordinance 8085 relating to Shoreland Regulations as presented. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1993 6 7. PUBLIC WORKS DEPARTMENT: A. C.I.P. Trailer for hauling blacktop roller M/S/P Mottaz/Johnston - to approve the request for a maintenance trailer for the maintenance department from Carlson Equipment at the cost of $1,725.00 plus tax (6.5%) and to forgo another review by the Maintenance Advisory Committee as they already reviewed this request for purchase. (Motion carried 5-0). B. C.I.P. Purchase of four-wheel drive utility tractor M/S/P Mottaz/Johnson - to direct the staff to forward the request by the Public Works Dept. for a four wheel drive utility tractor at a cost of $47,000 without trade, (trade in $7,500-$12,000) to the Maintenance Advisory Committee for review and ask that their recommendation be brought back to the city council. (Motion carried 5-0). 8. CITY ENGINEER'S REPORT: A. Discussion on Uniform Street Assessment Policy City Engineer Larry Bohrer gave a presentation on a more uniform method of assessments for street overlays and reconstruction. Councilmember Conlin felt more discussion was needed because she felt this was coming from a particular interest group and didn't know if it warranted the city to change its policy. Up until this time assessments were charged per unit, and there was not one assessment appeal for the 17 street projects done by the City. Conlin voiced her problem with this being pushed through over the entire city. She felt the policy the city was following was the fairest, but they should further discuss MSA projects. Bohrer will provide cost figures for street improvements using the modern subdivisions such as Arabian Hills or Stonegate for discussion at the next council meeting. B. Olson Lake Estates Bohrer reported that he had talked to Karen Chandler, VBWD engineer, who indicated that conditions have improved and the threat is less than a couple of weeks ago. First of all, the pond level in Olson Lakes Estates has gone down six inches. This means the pond has continued to seep out the bottom even though the top is frozen. Secondly, the estimated water content in the snow in the whole watershed that is tributary to this area has decreased from an estimated 2.1" of equivalent water to 1.7" of equivalent LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1993 7 water. All the results on the water quality testing done by the VBWD are not in. Bohrer will update the council every two weeks on this situation. C. 1993 MSA Feasibility Study The Council had authorized a preparation of a feasibility report for the reconstruction of Jamaca Avenue from TH5 to Lake Jane Trail and Lake Jane Trail from Jamaca Avenue to Jane Road. Bohrer informed the council that a survey has not been done on Lake Jane Trail so he does not have the information to answer detailed questions at the public hearing; such as proximity of trees or if Lake Jane Trail is in the center of the r-o-w. Bohrer was not promoting the expenditure of these funds, such a survey would cost $5,000, but was asking the question as to what level of detail does the council feel should be provided. The survey would need to be done anyway if project is ordered. The survey cost is covered by MSA funds if project is ordered. M/S/P Mottaz/Johnston - to authorize TKDA to perform a survey for Lake Jane Trail from Jamaca Avenue to Jane Road at a cost of not more than $5,000. (Motion carried 5-0). D. Preparation for Storm Water Utility Information Meeting Larry Bohrer will provide the Council with a synopsis of his presentation for this meeting. If the council feels something needs to specifically be addressed, they should call him. Councilman Johnson asked for an explanation on our relationship with the VBWD and how our plan has to fit in with theirs. 9. CITY ATTORNEYS REPORT: None 10. CITY COUNCIL REPORTS: Mayor John reported he attended the February 11th meeting of the Valley Branch Watershed District. He was disturbed to find that no agenda was in circulation prior to the meeting and that minutes of previous meetings were distributed in batches. The chair indicated that a phone call could determine agenda items. In the absence of minutes and vague descriptions of agenda subjects, John considered this to be prejudicial to Lake Elmo interests and contrary to the intent of the open meeting regulations. John wrote to the Board of Soil and Water Management, which oversees watershed activities, asking for the regulations and the mandates of Watershed Districts to be reviewed. In situations which can impact the interests of neighboring cities, it is vitally important that the Watershed Districts LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1993 are even handed in their treatment of those cities' interests. Mayor John indicated he received a letter from Barb O'Neal, Mayor of Oak Park Heights, challenging the City of Lake Elmo to participate with the Cities of Stillwater and Bayport in the annual Stillwater Jaycees Leukemia Bowl-a- Thon. It will be held on March 13 at the St. Croix Bowl. Registration is at 12 noon with bowling starting at 1:00 p.m. The City Administrator will try to gather a team. 11. CITY ADMINISTRATOR'S REPORT: A. Insurance Renewal David Holmberg, Zignego Agency Ins., sent a renewal summary from Berkley Risk Services, Inc. This is to serve as a premium summary and insurance binder to continue the coverage for the City of Lake Elmo through the League of Minnesota Cities Insurance Trust. The premium is quoted at $700 less than it was for 1992/93. A quote for Excess Liability Coverage was also included. M/S/P Johnson/Johnston - to approve the renewal for the city's 1993/1994 liability insurance package thru the League of Minnesota Cities Insurance Trust (Berkley Risk Services, Inc.) in the amount of $27,858.00 as proposed by Zignego Agency Inc./Insurance in its letter dated February 5, 1993, and as in past practice, to decline the offer to carry excess liability as proposed by Zignego Insurance. (Motion carried 5-0). M/S/P Mottaz/Johnston - to adjourn the city council meeting at 11:20 p.m. (Motion carried 5-0). ------------------ Resolution No. 93-10, Opposing House File 220-Annexation of Mn/DOT Lands from City of Lake Elmo to Oakdale Ordinance No. 8084, Floodplain Regulations Ordinance No. 8085, Shoreland Regulations 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. LAKE ELMO CITY COUNCIL MEETING FEBRUARY 16, 1993 7:00 P.M. MEETING CONVENES 1. AGENDA 2. MINUTES: February 2, 1993 3. CLAIMS (No claims list) 4. PUBLIC INFORMATIONAL 5. OLD BUSINESS A. Gene Peltier: Minor Subdivision with variance, 10376 Hudson Blvd. B. Sampson Accessory Building, 8940 15th Street C. Resignation of Parks Member D. Response from Rob Enes, PZ Member E. Other 6. PLANNING/LAND USE & ZONING: A. Forest Management: Ed Stevens B. Request from Jaycees to have Huff'n Puff Dance C. Resolution No. 93- , Opposing House File 220-Annexation of MN/DOT Lands from City of Lake Elmo to Oakdale D. Section 32 (over) LAKE ELMO CITY COUNCIL AGENDA FEBRUARY 16, 1993 2 E. Ordinance 80 , Floodplain Regulations F. Ordinance 80 , Shoreland Regulations 7. PUBLIC WORKS DEPARTMENT: A. C.I.P. Trailer for hauling blacktop roller B. C.I.P. Purchase of four-wheel drive utility tractor C. Other 8. CITY ENGINEER'S REPORT: A. Discussion on Uniform Street Assessment Policy B. Other 9. CITY ATTORNEY'S REPORT: 10. CITY COUNCIL REPORTS: A. Mayor Johnson B. Councilperson Conlin C. Johnson D. Johnston E. Mottaz 11. CITY ADMINISTRATOR'S REPORT: A. Insurance Renewal 12. ADJOURN