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HomeMy WebLinkAbout03-11-93 CCMLAKE ELMO CITY COUNCIL EMERGENCY MARCH 11, 1993 rx e,.,tn.: cl i MEETING-:,,,_ Mayor John called the emergency meeting to order at 5:14 p.m. for the purpose of discussing the results of the meeting between Mayor John, Council member Karen Johnston along with representatives from the City of Oakdale and State Representatives Pam Neary and Walt Pearlt which were held in the State Office Building on Monday, March 2, 1993. PRESENT: John, Johnson, Conlin, City Attorney Filla and Administrator Kueffner. ABSENT: Mottaz, Johnston. Mayor John summarized the meeting discussion: Rep. Neary suggested they settle what they are in agreement on, They all agreed there was a necessity to putting in sewer running along 4th Street. Oakdale wished to annex the land belonging to Lake Elmo and felt it was impractical to run sewer through Lake Elmo property. Discussed a possible land swap of exchanging this land for having ownership of Section 33 and Oakdale could have Section 32. Mayor Bearth did not agree and felt the landowners would not agree. Rep. Pearlt felt he was not going to delay continuing the legal process and on Monday he was going to renew the suspension of this motion. This would give the subcommittee 2-3 weeks to do more negotiations. Rep. Neary felt they hadn't exhausted all the potential points of agreement; therefore, there was merit to have another meeting. For purpose of discussion, Mayor John handed out possible solutions for Section 32/33. 1. Reannex the whole area. 2. Fund the sewer line independently. 3. Fund the sewer line independently, offer to pay for a portion of the WONE interceptor capacity upgrade, and request reinstatement of our MUSA line extension request. 4. Arrange a "land swap" with Oakdale. 5. Joint powers agreement on construction of sewer with Oakdale to NE corner Guardian Angels Church. 6. Joint powers agreement on construction of sewer with Oakdale to CSAH 13. 7, Get Oakdale to fund and construct the sewer to CSAH 13, with sufficient capacity for long term Lake Elmo needs. LAKE ELMO CITY COUNCIL EMERGENCY MEETING 3-11-93 2 8. Joint Powers agreement on construction of sewer with Oakdale to CSAH 13, and start joint marketing program for the land. Mayor John indicated he received a letter from Leonard Kirvida objecting to his land being split between Lake Elmo and Oakdale. This letter was also sent to Oakdale Mayor, Ted Bearth. The three council members in attendance indicated they would consider establishing the boundary on County Road 13 and would relinquish our responsibility for MnDOT land on the west section of 33 only; contingent, upon completion of the pipe to County Road 13 at the first stage of the project that the transfer of sewer capacity from the MnDOT property to the Business Park District. If nothing is accomplished at this meeting, the Council agreed to continue meeting even though the representatives have stated they are going to reintroduce the legislation. MIS/ Johnson/Conlin - to authorize Wyn John and Rita Conlin continue negotiations with the City of Oakdale and to approve the options of a land swap for the area in the SE corner bounded by 4th Street and the boundary line between Section 32 and 33 and authorize them to state Lake Elmo Council is willing to consider an option where Oakdale would extend sufficient sewer capacity to Inwood Avenue for the MUSA extension in the east half of Section 33 for an agreement to establish a boundary along Inwood Avenue between the two cities. Wyn John did not feel comfortable with this motion because it is telling Oakdale the extent of our limits of what we can agree or discuss. He preferred it was phrased more in terms of that we continue negotiations, bearing in mind the subject matter that we discussed, and we will report back with recommendations to the Council at the March 16th meeting. M/S/P Johnson/Conlin - to authorize Mayor Wyn John and Council member Rita Conlin to continue negotiations with the City of Oakdale along the lines outlined at this meeting. (Motion carried 3-0). Council member Conlin voiced her concern on this motion protecting them from the Open Meeting law. Attorney Filla explained the discussions the Mayor and Council member Conlin were having with the legislators are not committee meetings. They were simply attending as a representative of the city council and not as a committee of the city council. LAKE ELMO CITY COUNCIL EMERGENCY MEETING 3-11-93 M/S/P Johnson/Conlin - t Council member Conlin at Meeting; providing there meeting, providing that provided that there i on the part of these these representatives the Open Meeting Law. s no nego two membe in any c (Motion o t authorize Mayor Wyn John end this meeting as an Op is public notification of they report back to the Co tiations toward a co rs, the city would d ase against them for carried 3-0). and en the uncil, and mmitment efend violating M/S/P Johnson/Conlin - to adjourn the city council meeting at 6:45 p.m. (Motion carried 3-0). SECTION 32/33 SOLUTIONS 1. REANNEX THE WHOLE AREA. 2. FUND THE SEWER LINE INDEPENDENTLY. 3. FUND THE SEWER LINE INDEPENDENTLY, OFFER TO PAY FOR A PORTION OF THE WONE INTERCEPTOR CAPACITY UPGRADE, AND REQUEST REINSTATEMENT OF OUR MUSA LINE EXTENSION REQUEST. 4. ARRANGE A "LAND SWAP" WITH OAKDALE. S . JOINT POWERS AGREEMENT ON CONSTRUCTION OF SEWER WITH OAKDALE TO NE CORNER GUARDIAN ANGELS CHURCH. 6. JOINT POWERS AGREEMENT ON CONSTRUCTION OF SEWER WITH OAKDALE TO CSAH 13. 7. GET OAKDALE TO FUND AND CONSTRUCT THE SEWER TO CSAH 13, WITH SUFFICIENT CAPACITY FOR LONG TERM LAKE ELMO NEEDS. 8. JOINT POWERS AGREEMENT ON CONSTRUCTION OF SEWER WITH OAKDALE TO CSAH 13, AND START JOINT MARKETING PROGRAM FOR THE LAND. 1. REANNEX THE WHOLE AREA FOR: 1. "HONOR" WOULD BE SATISFIED. 2. LAKE ELMO POTENTIAL TAX BASE WOULD BE EXPANDED. 3. OAKDALE'S APPETITE FOR ANNEXATION MAY BE STOPPED. 4. PROVIDES A LAND BUFFER WITH DEVELOPMENT CAPABILITY WEST OF CURRENT BUSINESS PARK DISTRICT. 5. LAKE ELMO IS IN CONTROL OF ITS DEVELOPMENT POTENTIAL ALONG I-94. AGAINST: r 1. EXTENDED LEGAL BATTLE WITH OAKDALE. 2. ADDED LEGAL COSTS. 3. LAKE ELMO MUST AGREE A SUPPORTIVE POLICY FOR THE AREA. 4. LAKE ELMO MUST FUND THE INFRASTRUCTURE (SEWER & WATER) UNTIL DEVELOPMENT OCCURS. 5. SOME SECTION 32 OWNERS MAY OBJECT BECAUSE OF HISTORICALLY "SLOW" DEVELOPMENT 2. FUND THE SEWER LINE INDEPENDENTLY FOR: 1. THE COUNCIL CAN ORDER THE PROJECT AND SAVE TIME. 2. LITIGATION WITH OAKDALE MAY BE AVOIDED? 3. ESTABLISHES A PROACTIVE SUPPORTIVE STANCE FOR LANDOWNERS IN SECTION 32/339WHICH MAY ATTRACT DEVELOPMENT. 4. AIDS THE SINGLE FAMILY HOMEOWNERS WHOSE SEPTIC SYSTEMS ARE FAILING. A MATTER OF HEALTH, SAFETY & WELFARE? 5. SEWER COULD BE SIZED TO SUIT FUTURE LAKE ELMO NEEDS. 6. SOME LANDOWNERS WOULD REQUEST RETURNING TO LAKE ELMO. AGAINST: 1. IT WOULD APPEAR TO BE AN ADVENTUROUS GAMBLE TO LAKE ELMO RESIDENTS. 2. FUNDING COULD DRAMATICALLY INCREASE MIL RATE UNTIL DEVELOPMENT OCCURRED. 3. WITH SLOW DEVELOPMENT, THERE WOULD BE GROWING PRESSURE TO ENCOURAGE ANY DEVELOPER TO SETTLE. 4. OAKDALE WOULDN'T LIKE IT AND MAY OBSTRUCT THE PROPOSAL, SO CAUSING DELAYS. 5. LAKE ELMO WOULD HAVE TO BE A PROACTIVE PARTNER IN ATTRACTING THE RIGHT OPPORTUNITIES. WE DO NOT HAVE THIS EXPERTISE. 3. FUND THE SEWER LINE INDEPENDENTLY, UPGRADE WONE & REINSTATE MUSA EXTENSION FOR: 1. ALL 2 (1 TO 6) APPLY. 2. GENERATES POSITIVE PRESS FOR A CHANGED STANCE BY LAKE ELMO. 3. PROVIDES MORE LONG TERM DEVELOPMENT POTENTIAL TO ATTRACT SELECTED CANDIDATES. 4. PROTECTS LAKE ELMO'S BOUNDARY FROM ANNEXATION IN THIS AREA. 5. COULD LEAD TO LOCAL EMPLOYMENT OPPORTUNITIES. 6. IMPROVED TAX BASE. AGAINST: 1. 2 (1 TO 3) ALSO APPLY. 2. OAKDALE AND WOODBURY MIGHT NOT LIKE IT, MAY OBSTRUCT THE WONE PROPOSAL, SO CAUSING DELAYS. THIS NEED NOT AFFECT THE SECTION 32/33 SEWER. 3. LAKE ELMO WOULD REALLY HAVE TO BE A PROACTIVE PARTNER IN ATTRACTING THE RIGHT OPPORTUNITIES. WE DO NOT HAVE THIS EXPERTISE, BUT IT IS AVAILABLE. 4. ADMINISTRATIVE STAFF WOULD BE SWAMPED. SOME QUICK RECRUITING WOULD BE NEEDED AS DEVELOPMENT STARTED. 5. INCREASED STAFFING, POLICE ETC., INFRASTRUCTURE NEEDED, INCLUDING OUR OWN SNOMOBILE POLICE FORCE. 0 4. A LAND SWAP FOR: 1. LAKE ELMO & OAKDALE WOULD HAVE GAINED BY STRAIGHTENING BOUNDARIES. 2. IT WOULD APPEAR TO BE PALATABLE TO LAKE ELMO RESIDENTS. "HONOR" WOULD BE PARTIALLY SATISFIED. 3. HOPEFULLY THE LAND RETURNED TO LAKE ELMO WOULD HAVE DEVELOPMENT CAPABILITY, WITH THE PROSPECT OF IMPROVING THE TAX BASE LONG TERM. 4. THE SEWER WOULD BE A JOINT PROJECT WITH OAKDALE. AGAINST: 1. SOME LANDOWNERS DO NOT WANT TO BE SPLIT ACROSS CITIES. 2. LAKE ELMO IS LIKELEY TO BE LEFT WITH A HIGH PROPORTION OF NON REVENUE PRODUCING PROPERTY. 3. A KEY LANDOWNER (DECOSTER) DOES NOT WANT TO REJOIN LAKE ELMO AFTER ALL THIS TIME IN DISPUTE. 4. 5. CONSTRUCT SEWER TO "G.A". CORNER FOR: 1. IMPROVES RELATIONS WITH OAKDALE. 2. MEETS ALL NEEDS OF SECTION 32/33 LANDOWNERS. 3. IMPROVES HEALTH SAFETY & WELFARE OF LOCAL CITIZENS. 4. MAIN SEWER COST BORNE BY OAKDALE, WITH LAKE ELMO NEEDS BEING ADDITIONAL. AGAINST: 1. OAKDALE'S APPETITE FOR MORE LAND ONLY TEMPORARILY ANSWERED. 2. OAKDALE'S PROACTIVE PUBLICITY RE DEVELOPMENT MAY ATTRACT UNITED PROPERTIES TO REQUEST DETACHMENT ALSO. 3. AFTER UNITED PROPERTIES, DETACHMENT FEVER COULD SPREAD. 4. SEWER DOES NOT RUN FAR ENOUGH TO MEET LAKE ELMO'S NEEDS. 6. CONSTRUCT SEWER TO CSAH 13 FOR: 1. ALL 5 (1 TO 4) ARE MET. 2. MEETS NEEDS OF UNITED PROPERTIES EARLIER THAN THEY EXPECT. 3. INDICATES THAT LAKE ELMO IS NOT AGAINST FURTHER SEWERED DEVELOPMENT ALONG I-94. AGAINST: 1. ALL 5 (1 TO 3) APPLY, THOUGH NOT SO SERIOUSLY FOR 2 & 3 2. WATER SUPPLY WOULD STILL BE NEEDED? 3. 4. t 7. OAKDALE CONSTRUCTS SEWER TO CSAH 13 FOR: 1. ALL 6 (1 TO 3) ARE MET. 2. COSTS LAKE ELMO NOTHING. 3. GIVES POSITIVE "FIRM IMAGE" TO NEGOTIATION FOR L.E. TAXPAYERS. 4. AGAINST: 1. ALL 6 (1 TO 2) APPLY 2. OAKDALE COULD CLAIM THAT THEY PAID FOR ( EVERYTHING, LEAVING LAKE ELMO VULNERABLE TO FURTHER DETACHMENT REQUESTS. 3. LAKE ELMO WOULD HAVE NO CONTROL OF THE PROJECT, ULTIMATE SEWER CAPACITY, ETC., 8. JOINT CONSTRUCTION OF SEWER TO CSAH 13, FURTHER LAND MARKETING PROGRAM FOR: 1. ALL 6 (1 TO 3) ARE MET. 2. PROVIDES POSITIVE IMAGE OF A JOINT PEACE IN THE AREA. 3. POTENTIALLY RAPID DEVELOPMENT. 4. MAY SET THE STAGE FOR FURTHER SEWER CAPACITY FOR I-94. AGAINST: 1. ALL 6 (1 TO 2) APPLY 2. OAKDALE COULD CLAIM THAT THEY WERE THE TRIGGER FOR EVERYTHING, LEAVING LAKE ELMO VULNERABLE TO FURTHER DETACHMENT REQUESTS. 3. March 9, 1993 To: Lake Elmo City Council For the purpose of discussing the results of the meetings between Lake Elmo Mayor Wyn John, and Council member Karen Johnston, along wlth representatives from the City of Oakdale and State Representatives Pam Neary and Wait Peralt which were held In the State Office Building on Monday, March 2, 1993, 1 hereby call an emergency meeting of the Lake Elmo City Council for Thursday, March 11, 1993 at 5:00 p,m. In the Lake Ell City Council chambers, 3800 Laverne Avenue N., Lake Elmo, MN.. Lake Elmo City Council March 11, 1993 Agenda . 1. Meeting Convenes 2. Discussion regarding meetings held between Mayor Wyn John, Council member Karen Johnston and State Representatives Pam Neary and Walt Peralt held on March 2, 1993, 3. Discuss strategy for March 12, 1993 meeting with Oakdale representatives, and State Representatives Pam Neary and Walt Perit, at 1:00 p.m. in the State Office Building, Rita Conlin and Wyn John. 4. Adjourn l