HomeMy WebLinkAbout02-07-95 CCMMINUTES APPROVED 2-21-95
LAKE ELMO CITY COUNCIL MEETING
FEBRUARY 7, 1995
Mayor John called the council meeting to order at 7:00 p.m. in the council chambers.
PRESENT: Hunt, Conlin, John, Johnston, DeLapp, City Engineer Bohrer, City Attorney
Filla and Administrator Kueffner.
1. AGENDA
ADD: 5D. Resolutions ordering preparation of feasibility reports for bituminous
overlays, 7. Location of public hearing for overlay projects, Update of water leak in
water system, 8. Trees in Arabian Hills.
CHANGE: Update names under City Council Reports
M/S/P Johnson/Conlin - to approve the February 7, 1995 city council agenda as
amended. (Motion passed 5-0).
2. MINUTES: January 31, 1995
M/S/P Conlin/Johnston - to approve the January 31, 1995 City Council minutes as
presented. (Motion passed 4-0-1:Abstain:John).
3. CLAIMS
M/S/P John/DeLapp - to approve the February 7, 1995 claims #3460 through #3513, as
presented, excluding Claim #3482 to RLK until the City Administrator meets with the
Planner to discuss justification of their bill. (Motion passed 5-0).
4. PUBLIC INFORMATIONAL/INQUIRIES:
A. Public Inquiries
John Bodey asked if the council was going to discuss setting up the parameters for the
Joint Workshop? This will be done under the City Attorney's Report,
B. School District #622 - Review of plans for middle school on 10th Street &
Helmo
Superintendent Gaslin, Architect Paul Snyder, Carol Erickson, Designated Adm. in
charge of planning of this facility, provided a plan for the proposed middle school (K-
8th grade) located on 10th Street and Helmo. The City of Oakdale did indicate they
would be interested in connecting the 10th street bike path with the 15th street bike/
pedestrian path and bringing that to the site.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1995
John Bodey, neighbor to the north of the fields, asked if there are any plans for a back
stop, goal post, or bleachers. The softball fields will have a backstop and the football
fields will have goal posts. There are no plans for bleachers or lighting of the fields.
Bodey asked if there is landscape or fencing planned because his property goes all the
way to the line and he has a barbed wire fence. He has a concern about students trying
to get to the other side and the liability to him or the school district.
Tom Armstrong, owns property directly to the east of the fields, indicated the school
district should provide fencing to keep the children off other people's property because
if you don't, there is clear access off those fields right into a 8.4 acre lake that the
county is constructing and beyond that is Armstrong Lake.
Councilman DeLapp asked if the school board is going to apply for a rezoning of the
land? The school district responded if that is the requirement, they would do it.
Condemnation proceedings will be complete by May 1, 1995.
The County is very interested in this site for placing a library because they feel with
10th street there is good accessibility and visibility for the public. The County has made
a formal request to enter into negotiations for a piece of property with the School Board.
C. Human Rights Commission
The Council received a draft Human Rights Commission ordinance as requested by the
City Council in May, 1994. The city received responses from two communities, Oak
Park Heights and Lakeland Shores, expressing interest in joining this effort.
Attorney Filla explained since this is a multi -community commission, we would want to
take a look at the appointment process provisions, rules, and reporting provisions. Filla
would tailor that section to allow each city to deal with their own representatives and
add a provision to require the commission to report to mayors or city councils of each
city or at least each city in which this particular issue is of significance. Carol Banister
agreed to customizing the ordinance to deal with those issues. In regard to a maximum
size of the commission, Banister asked to reserve the right to review it as it comes up
and then decide.
M/S/P Conlin/DeLapp - to direct the city attorney to prepare a draft ordinance for review
by the council at their February 21, meeting as well as instructing the city staff to inform
the general public in the city newsletter of our interest in establishing such a
commission and inviting applications. (Motion passed 5-0).
The staff was directed to formalize an application form. Carol Banister will send the
Administrator copies of an application from other communities.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1995 3
D. Mike Polehna: (1) Winter Access to Lake Elmo
Mike Polehna, Parks Manager for Washington County, currently operate a 20 space
boat launch in the Lake Elmo Park Reserve on Lake Elmo. The problem in the winter
the road is closed down to the cross country ski parking lot and allows no access into
the park. The reason they do that is to control the hours the people are in there and
the traffic on the lake. In the past, residents who want to fish on Lake Elmo could enter
off of Cty Rd. 17. Mr. Krongard would allow people to access the lake. There's been
limited access the last two years because of Krongards closing their access. The
County would not keep this open in the summer, basically, it would be a winter time
access for fisherman. The DNR is very concerned there is no access on the lake and
have indicated they would possibly stop stocking the lake because a winter access to
the lake was not provided. The County does not allow access through the site now,
but there are many trespassers. Polehna asked how would the city like the County to
proceed next fall? What the County proposes is to open a roadway to go onto the lake
and doesn't imagine a parking area at all. The people would use this access when the
ice is thick enough to drive on. The County will be fencing along Cty Rd 17, along
Krongard's driveway, and gating it off because people are launching their boats.
The council indicated they would not like to see people parking along County Road 17.
If there needs to be parking, then it.should be provided off the road. The council is
supportive of the concept and asked Polehna to approach the Parks Commission and
get input from Sheriff's Dept.
(2) St. Croix Valley Ice Arena Concept
Chris Aamodt explained he and Mike Polehna have been working on trying to get a new
ice arena established in the Valley area and have worked on the concept of attaching it
to the new armory in Stillwater where it is proposed to go in next to the new CUB store.
They have met with Dr. Wetergren, School District #834, to try to put together a joint
powers agreement to operate an ice arena. Aamodt and Polehna are soliciting private
funding to get an ice arena constructed. The council was asked to appoint a member
to come to meetings with School District #834 and other municipalities to discuss a way
we can jointly operate a new ice facility. Councilmen DeLapp and/or Hunt indicated
their interest in attending the meetings.
5. OLD BUSINESS:
A. Section 32/33:Joint Agreement relating to sewer capacity and boundary
delineation
Mayor John visited all the homeowners in the area south of 4th Street and East of Ideal
within the Section of 32/33 making them aware of the ultimate resolution of this issue
between the two cities. The general input was not necessarily a popular decision, but
was accepted by the people.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1995 4
Larry Bohrer commented that Oakdale could notify Lake Elmo with one years notice for
the discontinuation of any water service. A one year time will be sufficient for Lake
Elmo to physically construct a water system. Regarding the sanitary sewer, Oakdale
really cannot notify Lake Elmo that it must disconnect from the joint sewer project. That
would not be physically possible. Paragraph #9 should be changed to state
"....Oakdale agrees to give the city one year written notice before it requires the City of
Lake Elmo to return any loaned sewer capacity or before it disconnects..."
Oakdale Council member O'Hara explained he was glad that we have some sort of ar
agreement and thought this is a good solution to the problem. In answer to the sewer
capacity for the homes in Section 32/33, Oakdale could not approve, as far as
attempting to sewer those homes, until this issue was resolved. O'Hara hoped to get
this going as soon as it can and felt its time for us to bury the hatchet.
In regard to Paragraph #7, Council member DeLapp asked what does this refer to --
need more detail. Change to read "Lake Elmo also agrees to support Oakdale with
respect to its golf course requests in regard to comprehensive plan amendments
including MUSA and C-tap Financing package or words of substantial and similar
impact."
M/S/P Johnston/Conlin - that the City of Lake Elmo authorizes Mayor John to attend the
2-14-95 Oakdale City Council Meeting for the purpose of executing this Agreement
(Detachment and Annexation of Land), as amended, in the following manner
(Paragraph #7: insert clause at end: "in regard to comprehensive plan amendments
and including MUSA and C-tap financing package or words of substantial and similar
impact", Paragraph #9: last two lines of page 2: "written notice before it requires Lake
Elmo to return any loaned sewer capacity or before it disconnects Lake Elmo...").
(Motion passed 5-0).
Joint Resolution of the Cities of Lake Elmo and Oakdale:
Larry Bohrer pointed out a concern with describing property referencing the center line
of a road because the center line of roads can change over time. Attorney Filla
responded the concern was primarily with emergency vehicles and fire protection.
They wanted the agreement to pick a line so that when vehicles were called out for
emergency purposes people would not have to guess whether this particular part of
County Road 13 was in Lake Elmo or Oakdale.
Administrator Kueffner had talked to Steve Pott, in charge of Washington County
Communications, who has no problem with designating the center line. Kueffner asked
if all of the road and right-of-way would stay in Lake Elmo, would there be a loss of
state aid? Bohrer answered that would be true if a border road was a municipal state
aid street. In this particular case, both border roads CSAH 10 on the North, CSAH 13
on the East of Oakdale are both county state aid highways. Bohrer didn't believe there
would be any affect whatsoever on municipal state aid for either Lake Elmo or Oakdale
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1995
Attorney Filla suggested that the joint resolution be left "as is", but in the motion allow
( him to change legal description and to direct the staff to get together with those people
and have the two cities agree upon which lanes of traffic will be dealt with by which
people in that particular part of the city.
M/S/P Conlin/Johnston - the council gives authorization to Mayor John to execute this
Joint Resolution of the Cities of Lake Elmo and Oakdale, A Resolution affecting the
detachment of certain lands from the City of Lake Elmo and the annexation of such
lands to the city of Oakdale; conditioned upon amending of the legal description, if
necessary, to designate primary responders or in the alternative to have such
designation made by agreement between the cities. (Motion passed 5-0).
Councilman DeLapp asked that Findings of Fact; such as, unique characteristics,
location, access, types of roads, mix of residence and church, business be included as
our basis for support of this transfer of land to Oakdale in a letter submitted to the
Municipal Board that goes along with the resolution.
M/S/P Hunt/Conlin - to direct the city staff to draft a letter to go with this resolution from
Lake Elmo to the Municipal Board documenting the reasons for support of this transfer
of land to the City of Oakdale. (Motion passed 5-0).
B. Derrick Land Co.:Revised Proposal for Lot 2, DeMontreville Highlands 3rd
Addition
At the December 6, 1994 meeting, because of the intense interest on the part of the
neighbors, the council invited the neighbors for their input on Lot 2 before a decision is
made.
Larry Bohrer reported that the request of Derrick Land Company is: 1. Revise the
grading plan for lot 2. That revision would constitute amending the top of the proposed
fill from the elevation where it stands today, approx. (979) and raise that 2' (981). 2. If
that's approved, issue a grading permit to allow that work.
The Council received a letter from the residents adjacent to and across from the Derrick
mounds requesting the Council to deny Derrick's current request to modify the lot.
Neighbors explained for several days after a rain or snow melt, water runs across the
road and down to Lake DeMontreville at the corner of Hytrail Avenue N. and Highlands
Trail creating icy conditions at that corner due to the runoff. Other concerns was the
visibility is already reduced at the same corner due to the current height of the existing
mound, and with 2 more feet of fill would further reduce the visibility and the additional
fill on the existing ground wouldn't conform with the surrounding landscape.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1995 6
Attorney Filla indicated paragraph 6 in the agreement states, "If the city's consulting
engineer determines that the depth to ground water test results for lots 2,3,4, block 2
DeMontreville Highlands 3rd addition are not in compliance with the city's regulations,
Derrick may submit additional proposals for the installation of alternative sewer
systems designed to allow such lots to satisfy the city's alternative sewer system in
relation or may submit proposals to excavate and fill such lots in order to accommodate
the installation of a standard sewer system, etc.". What Derrick is proposing is to
submit an additional proposal which would require the modification of the original
grading plan. That is his right to submit that. The council can respond to that in
whatever way is appropriate.
M/S/P Hunt/Del-app - to table until the February 21, 1995 council meeting in order to
go over court case, city code, get input on assurance as to the safety of the system &
practicality of the system continuing to work before a decision can be made. (Motion
passed 5-0).
C. Spelling Change of "Jamaca Avenue" to "Jamaica Avenue"
The city received an inquiry from Washington County a while back asking if we wanted
to have Jamaca changed to Jamaica. Hugo and Forest Lake Township have both
indicated to Washington County their desire to make the change. Grant Township has
not responded to the request. It has been residents from Lake Elmo and Grant
Township that have approached Washington County to make this change.
M/S/P John/Johnston - to direct the staff to notify Washington County that Lake Elmo
has approved the spelling change of "Jamaca Avenue" to "Jamaica Avenue". (Motion
passed 4-1:Conlin:Only one resident from Lake Elmo and another from Grant Township
have approached Washington County to make this change. One Lake Elmo resident,
who lives on Jamaca Avenue, has spoken against this because there will be changes to
checkbooks, driver's license, legal documents, etc. which would amount to lot of
money.)
D. Resolutions ordering preparation of feasibility reports for bituminous overlays
M/S/P Hunt/Conlin - to adopt Resolutions 95-2 - 95-12, inclusive, ordering preparation
of feasibility reports for the 1995 bituminous overlays. (Motion passed 5-0).
6. PLANNING/LAND USE & ZONING:
A. Recommendation from Planning Commission on Recording Studios & 1-94
The consensus of the Planning Commission was to repeal the provision permitting
Recording Studios by CUP in the Agricultural zoning district and called a public hearing
to get this process started.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1995 7
M/S/P John/DeLapp - to table discussion on Planning Commission's recommendation
for future land use changes on 1-94 for the February 14, 1995 cc/pz joint workshop.
(Motion passed 5-0).
B. Request for support by Washington County in a grant application to beautify
County Road 19.
Washington County Public Works has requested a letter of support to its effort to
secure grant funds for planting trees and shrubs within the right-of-way on CSAH 10
and CSAH 19. The funds they are applying for are available under the Enhancement
Fund Program of the Inter modal Surface Transportation Efficiency Act (ISTEA.)
M/S/P DeLapp/John - to direct the City Administrator draft a letter of support to
Washington County supporting its efforts to secure ISTEA grant money for trees and
shrubs for the beautification of CSAH 10 and CSAH 19; conditioned upon no funds
being committed for this project by the City without additional approval. (Motion passed
5-0).
7. CITY ENGINEER'S REPORT:
Larry Bohrer reported that the notification for the overlay projects will be approx. 150
parcels. If we anticipate a large turnout, Bohrer asked if the city council would want to
use the Elementary School on another night rather than a council meeting night. The
Council suggested looking into dates available (anytime after March 7) at the Lake
Elmo Elementary School and report back to the council on February 21, 1995.
8. CITY ATTORNEY'S REPORT:
Attorney Filla reported the city was served a motion by Federal Land for a hearing to
have Judge Doyscher tell us what he meant by his order of July, 1991. This is
scheduled for Friday, February 10, 1995 at 9:30 a.m. in Washington County.
Arabian Hills:
Council member Conlin voiced her concern on the expense incurred by the city to do
an inventory of trees on the lots in Arabian Hills. Conlin felt if the developer is expected
to absorb this cost, it would be more reasonable for him to agree to an amount of
seedlings rather than go through the expense of an inventory. Filla did not anticipate
an expensive inventory and thought that either the developer or Jim McNamara would
go out to Arabian Hills and walk on the 8 lots and count trees.
M/S/P John/Conlin - to inform Chuck Nelson, Developer of Arabian Hills, to provide a
report by May 2, 1995 on the number of trees planted on the 8 lots. (Motion passed 5-
0).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1995
Parameters for Joint cc/pz workshop:
Attorney Filla explained the workshop is for the Planning Commission to try to
understand city's concern about Alternate Ag as opposed to understanding the
council's reaction to the most recent proposal. It would be useful for the two bodies to
talk about roles of council and planning commission and what it is the planning
commission is supposed to do in terms of making recommendations and what part of
the process they fulfill. It would be improper to discuss as a joint body the pending
application. Mayor John will chair the joint workshop to discuss the action by the
council to repeal Alternate Ag. If the Planning Commission thinks that Alternate Ag
ought to be re instituted, why do they feel that way. The city repealed Alternate Ag
because they thought the need for the development tool no longer existed or they didn't
think that the way it was regulated was proper. The regulations did not adequately
protect the interests of the city.
9. CITY COUNCIL REPORTS:
Council member Conlin indicated that in the bulletin from the Met Council they are
proposing legislation that would in effect mandate cities to zone according to their
comprehensive plan.
Councilman DeLapp reported that he and Councilman Hunt attended the League of MN
Cities conference this weekend and sat at the same table with the Mayor of Oakdale
and a council member from Woodbury. Discussed the possibility of city councils from
surrounding communities having a workshop to get to know each other and go over
common issues.
Council member Johnston asked the status of the installation of street lights?
Administrator Kueffner responded that we missed the winter deadline and to install the
lights now. it would be $2 per lineal ft. so the city will wait until spring.
Council member Hunt added that at the conference there was interest from Oak Park
Heights and Bayport to have an east side get together to discuss issues such as the
bridge, Highway 36 upgrade.
10. CITY ADMINISTRATOR'S REPORT:
A. Board of Review
The 1995 Board of Review is scheduled for April 13, 1995 from 3 to 6 p.m., and we
must have a quorum of council members present at the meeting in order to comply with
State Law.
B. Lake Elmo Business Association Luncheon
Administrator Kueffner reported the Minnesota Design Team application was hand
delivered to the Design Team which will meet on Wednesday night. Kueffner
suggested having a community meeting to invite the entire community to the VFW or
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 1995
Tartan Park and asked the council to set a date so she could get it into the newsletter.
We need community -wide support so if the council would be interested in the concept
she would find an available date at Tartan Park or VFW. The council supported the
concept.
The Lake Elmo Business Association is hosting a business luncheon on Monday,
February 13, 1995 at 12 p.m. at the Tartan Park Club house to discuss with the
Minnesota Design Team its upcoming visit to the city relative to the proposed rural
center concept and development along the 1-94 corridor.
Councilman Hunt pointed out at the New Officials Conference that a meeting such as
this when 3 or more members of the council show up with possible discussion with
business owners concerning proposed rural center would be considered a meeting of
the Council.
M/S/P Hunt/ Conlin - that the Lake Elmo City Council will be attending a luncheon
meeting for Monday, February 13, 1995, 12 PM., at the Tartan Park Clubhouse with an
aim of allowing discussion on the Lake Elmo Rural City Center and 1-94 corridor.
(Motion passed 5-0).
M/S/P DeLapp/Hunt - to adjourn the meeting at 11:45 p.m. (Motion passed 5-0).
Respectfully submitted by Sharon Lumby, Deputy City Clerk
Resolutions 95-2 - 95-12 Ordering Preparation of Feasibility Reports for 1995 Overlay
Projects
The Planning Commission
• Is
an
advisory
body giving
recommendations
to
the
Council
on planning
issues.
• Is a delegation of the City planning function to
permit review of planning issues outside the
main Council meetings.
• Comprises volunteer residents with an interest
in City planning, having roots in the
community and a common sense approach to
issues.
• Is a feed back mechanisim to inform the City
Council about what people feel and want in
community planning.
• As the Planning Commission members are not
elected City officials, they have no Statutory
Authority.
• The ultimate decision making body on
planning issues is the City Council.
r
The Planning Commission
• Nevertheless, it acts as a sounding board of
public opinion, with the long term interests
of the community in mind.
• Is not bound by political expediency, election
promises, or short term narrow interests.
• Can work towards consensus solutions which
may not evolve from more politicized elected
officials.
• Can act as a "lightning rod" to draw out and
clarify the issues on both sides of a question.
• Can provide findings of fact and an unbiased
review, based on their familiarity with City
Ordinances.
• Can chose to study any aspect of City Planning
by adding it to the annual work plan.
• The Council by majority vote, can rescind or
change any Commission recommendation if it
so chooses.
• For good relationships, the motivations behind
Council decisions need to be understood by
the Commission.
Alternative Agricultural Use
Allowed
Non Traditional Agricultural Uses
and
Non Agricultural Uses
by CUP:
r
On Agricultural Contiguous land of
over 40 acres
and for
Non Agricultural Uses on 1.5 acres
per 40 acres,
with a 6 acre maximum
Why Repeal Alternative Ag?
1. Because the ordinance did not define
permitted "Non traditional agricultural uses
and non agricultural uses", nor associated
architectural standards.
2. Because the CUP "stayed with the land", and
would be difficult to rescind once awarded.
3. Because only two instances of Alt. Ag. have
occurred in the City over the eight years it has
been in existence, even though it was intended
to provide the farmer/land owner a reasonable
return on the property.
4. Because the Alternate Use should be viewed in
the wider context as to whether the City would
permit any such activity within the City
boundaries, and in particular in an
Agricultural area.
5. Because every forty acre agricultural parcel
within Lake Elmo could potentially host a 1.5
acre non agricultural use.
6. Because as a City wide Ordinance, it could be
viewed as spot zoning.
Spot Zoning
• The awarding of a use
classification to an isolated
parcel of land which is
detrimental or incompatible
the surrounding area,
particularly when it favors a
particular owner.
with
• Has been held to be illegal by
the courts on the grounds that it
is unreasonable or capricious.
I
LAKE ELMO CITY COUNCIUPLANNING COMMISSION
JOINT WORKSHOP
TUESDAY, FEBRUARY 14, 1995
7:00 P.M.
LAKE ELMO CITY HALL
*********************************************************************
AGENDA
7:00 P.M. MEETING CONVENES
1. AGENDA
2. DISCUSSION OF CITY COUNCIL ACTION TO REPEAL
ALTERNATE AG
3. DISCUSSION OF PLANNING COMMISSION'S
RECOMMENDATION FOR FUTURE LAND USE CHANGES
ON 1-94
4. OTHER
5. ADJOURN
SPECIAL LAKE ELMO CITY COUNCIL
MEETING
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
LAKE ELMO ELECTED OFFICIALS WILL BE ATTENDING A LAKE
ELMO BUSINESS ASSOCIATION LUNCHEON MEETING ON
MONDAY, FEBRUARY 13, 1995, AT 12 P.M.
AT THE TARTAN PARK CLUB HOUSE,11455 20TH STREET,
LAKE ELMO. THE PURPOSE OF THE MEETING IS TO DISCUSS
WITH THE MINNESOTA DESIGN TEAM ITS UPCOMING VISIT TO
THE CITY RELATIVE TO THE PROPOSED RURAL CENTER
CONCEPT AND DEVELOPMENT ALONG THE 1-94 CORRIDOR.
Sharon Lumby
Deputy City Clerk
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 7, 1995
7:00 p.m. MEETING CONVENES
Pledge of Allegiance
1. AGENDA
2. MINUTES: January 31, 1995
3. CLAIMS
4. PUBLIC INFORMATIONAL/INQUIRIES:
A. Public Inquiries
B. School District #622-Review of plans for middle school on
10th Street & Helmo
C. Human Rights Commission
D. Mike Polehna: (1) Winter Access to lake Elmo
(2) St. Croix Valley Ice Arena Concept
5. OLD BUSINESS:
A. Section 32/33: Joint Agreement relating to sewer capacity and boundary
delineation
B. Derrick Land Co.:Revised Proposal for Lot 2, Demontreville
Highlands 3rd Addition
C. Spelling Change of "Jamaca Avenue" to "Jamaica Avenue" (over)
LAKE ELMO CITY COUNCIL AGENDA FEBRUARY 7, 1995 2
6. PLANNING/LAND USE & ZONING:
A. Recommendation from Planning Commission on Recording Studios & 1-94
B. Request for support by Washington County in a grant application to
beautify County Road 19.
B. Other
7. CITY ENGINEER'S REPORT:
8. CITY ATTORNEY'S REPORT:
9. CITY COUNCIL REPORTS:
A. Mayor John
B. Council Member Conlin
C. " Johnson
D. " Johnston
E. " Mottaz
10. CITY ADMINISTRATOR'S REPORT:
A. Board of Review
11. ADJOURN