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HomeMy WebLinkAbout11-19-96 CCMLAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1996 1. AGENDA 2. MINUTES: November 7, 1996 3. CLAIMS DRAFT 4. PUBLIC INFORMATIONAL: A. Bill Longbehn - Time requested to address the Council and cable viewers because of cable failure on election night. B. Request from Lake Elmo Jaycees to speak C. League of Minnesota Cities Request for Right -of -Way Funds 5. CITY ENGINEER'S REPORT: A. Water Agreement with Oakdale for Section 33. B. Street Lights at Christ Lutheran Church: Postponed to December 3rd meeting C. Discussion on proposed Storm Water Facilities Agreement between Lake Elmo, Oakdale and Valley Branch Watershed (City Engineer and City Planner). 6. MAINTENANCE/PARKS/FIRE: A. Update on VFW Ballpark Purchase 7. PLANNING. LAND USE AND ZONING: A. Ordinance amending OP (Open Space) Ordinance B. Concept Approval: Kreiger OP Development located 1/4 mile north of CR17 and CR10 (Jack Buxell) C. Ordinance No. 8148 amending Size of Accessory Structures D. Ordinance No. 8149 amending Height of Accessory Structures E. Resolution No. 96-38 approving Final Plat of Judith Mary Manor F. Ordinance No. 8150 amending sign ordinance G. Ordinance No. 8146 amending Section 700 (Sewer Systems) H. Summary of Ordinance No. 8146 amending Section 700 i. Growth Options for Metro Area J. Recommendation of Planning Commission on its Composition K. Appointment of Ann Terwedo to Transportation Board 8. UNFINISHED BUSINESS: None 9. CITY ATTORNEY'S REPORT: None 10. CITY COUNCIL REPORTS: 11. CITY ADMINISTRATOR'S REPORT: A. Resignation of Barbara Holm B. Set Workshop with Staff , C. Proposal from Ginny Holder, Cable Rep., to produce a regular monthly program Mayor John called the City Council meeting to order at 7:00 p.m. in the City Council Chambers. PRESENT: DeLapp, Hunt, John, Conlin, Jhnston, City Planner Terwedo, City Engineer Prew, City Attorney Filla and Administrator Kueffner (arrived 9:20 p.m.) 1. AGENDA M/S/P DeLapp/Hunt - to approve the November 19, 1996 City Council agenda as amended. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1996 2 2. MINUTES: November 7, 1996 M/S/P Hunt/Johnston -to approve the November 7, 1996 City Council minutes as amended. (Motion passed 3-0-2Abstain:DeLapp; Conlin) 3. CLAIMS M/S/P Johnston/Hunt - to approve the November 19, 1996 Claims #5311 through #5373 as presented. (Motion passed 5-0). , 4. PUBLIC INFORMATIONAL A. Bill Longbehn - Time requested to address the Council and cable viewers because of cable failure on election night Bill Longbehn extended his support to Council members John, Conlin on their new terms and thanked the staff for answering all his questions. He thanked the voters for getting involved and trying to get what they want. With the selection of City Council member Susan Dunn, the Council should put their differences aside and work together to shape the future of Lake Elmo. Longbehn felt Dunn's voice was heard, saying keep Lake Elmo rural, slow growth, careful planning, restore financial responsibility. People don't want to see any more sewer along 1-94 than the 160 acres proposed. People want to see the implementation of the Mn Design Team recommendations. B. Request form Lake Elmo Jaycees to Speak There was no one from the Lake Elmo Jaycees in attendance. Mayor John explained that Mary Schwartz, Lake Elmo Jaycees, asked if the City Council would attend a photo shoot, Saturday morning, with their new "Welcome to Lake Elmo" sign located on the south side of Highway 5. This sign was a recommendation of the Mn Design Team. Mayor John will find out what time Saturday morning and a notice will be sent out. C. League of Minnesota CitieslRequest for Right -of -Way Funds Mayor John received a letter from the League of Minnesota Cities requesting an additional contribution of $469.00 for right-of-way funds to protect the City right-of-ways. M/S Hunt/DeLapp - to approve the City's contribution of $469.00 to the League of MN Cities Right -of -Way Committee. Several council members questioned if this is the same group that originally requested a contribution. M/S/P Johnstor✓Hunt - to postpone the motion until there is more information and expenditures are available and ask a League'representative, if available, to attend the next Council meeting. (Motion passed 5-0). 5. CITY ENGINEER'S REPORT: A. Water Agreement with Oakdale for Section 33 The Council received a signed water agreement with the City of Oakdale to furnish and deliver service to the SE 1/4 of Section 33. Attorney Filla pointed out in regard to Cic.) Penalty, the City cannot fine their residents under a contract. The City would have to adopt some legislation for the basis of law enforcement. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1996 M/S/P DeLapp/Hunt - to approve the Agreement for Water Service between the City of Oakdale, ( Minnesota and City of Lake Elmo,, Minnesota, as amended, (Page 2:Add under C1. Lake Elmo agrees to Incorporate in substance the following regulations in the City Code. Page 6. Paragraph A. change "their" to "its") (Motion passed 5-0). B. Street Lights at Christ Lutheran Church Tom Prew asked that this item bepostponed until the December 3rd council meeting. C. Discussion on proposed Storm Water Facilities agreement between Lake Elmo, Oakdale and Valley Branch Watershed (City Engineer and City Planner) The Council received an agreement between Lake Elmo, Oakdale, and VBWD regarding storm water facilities on the 3M land north of Highway 5. Planner Terwedo reported that staff was directed by Council to work with Oakdale and Imation by looking at the development in Oakdale related to the storm water detention facilities in Lake Elmo. Don Jordan, Imation, and Don Ringrose, BRW, stated they have been working with Lake Elmo since July and provided exhibits showing how the ponds should be phased to accommodate development. Excavating will start in 1997. The City of Oakdale has acted on the agreement and VBWD has the agreement on their agenda. The Council was surprised that this agreement was going to move through Oakdale as fast as it did. Lake Elmo's City Engineer and City Attorney have not been able to review the agreement. Council member Conlin made it clear that four of the five Council members were affiliated with 3M or Imation and didn't want it to appear the City was rushing this agreement through without a complete review. Since Imation requested this agreement be on the December 3rd Council agenda for approval, the Council asked for an informational workshop be held so they can raise questions and offer comments. M/S/P Conlin/DeLapp - to schedule a workshop with Imation for Tuesday, November 26, 1996, 7:30 p.m. at City Hall. (Motion passed 5-0)., The Council asked that the residents along 38th and 39th Street be invited so they can be made aware of what's being proposed for the immediate area. M/S/P Hunt/DeLapp - to direct the staff to invite the affected residents on 38th and 39th Street to the Imation workshop. (Motion passep 5-0). 6. MAINTENANCE/PARKS/FIRE REPORT: A. Update on VFW Ballpark Purchase Attorney Fills has reviewed the purchase agreement drafted by Barb Goerss for the City's potential purchase of the VFW balffield and offered his comments in memo dated November 12, 1996: Fills, recommended the City to purchase fee title unencumbered to this property and try to work out with the VFW concern with some type of agreement that ensures their name and use of the park for a certain length of time as opposed to a restriction on a title. M/S/P Johnston/Hunt - to adopt the recommendation of the City Attorney and that the City purchase the VFW Ballfield through fee simple title and negotiate an acceptable short term agreement. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1996 7. PLANNING LAND USE ANDZONING: A. Ordinance No. 8147 amending OP (Open Space) Ordinance i The City Council reviewed the ordinance at their last regular meeting. The City Attorney recommended some wording changes related to'pathways. Since small pathway areas can't be developed in the future, a conservation easement to the City could be placed on these areas along with other small open space areas including greens. Planner Terwedo noted it is important that large parcels be held by a conservation easement to a qualified land trust or by the City if the land is to stay as open space. The small pathway areas may be important to buffer development form adjacent land uses. M/S/P Hunt/Johnston - to adopt Ordinance No. 8147, as amended (c. spelling of conveyed) amending Section 301.070D.16 SUbd.7.B.1.b.c.d, of the Lake Elmo Municipal Code relating to the Open Space. (Motion passed 5-0). B. Concept Approval: Krieger OP Development located 14 mile north of CR17 and CR10 (Jack Buxell) On September 3, 1996 the Council denied an open space development plan proposed by Jack Buxell because they had reservations regarding easements over lots and the plan did not have the required open space. Planner Terwedo reported the revised plan addressed those concerns the Council expressed during the initial hearing. The site plan reflects modif!cations to the site plan which separates the pathway (greenway buffer) on the east edge of the property from the lots, adds a greenery buffer in the center of the property and reduces the 19-one acre lots ranging in size from .75 to 1 acre. The houses are in the same place as the original plan. The applicant has indicated that the pathway be dedicated to a homeowners association, but still be counted as open space. If the City accepts the buffer as dedicated land or if the land trust accepts the buffer as part of the easement, then it can be counted as the open space. Otherwise, it should not be counted. The applicant is given a density bonus for the development of pathways and a density bonus forithe 50% requirement for open space. The plan reflects a reduction in lot size. Based on the amendment in the ordinance to allow for flexibility, these lots could be less than an acre. The well and septic systemmill need to meet City standards. The Council determined that the plan is not drastically different as originally proposed, the house lots are in the same place, same configuration with modifications of the pathway, and does meet the 50% open space requirement, M/S/P Hunt/John - to approve the concept plan, as presented tonight by Jack Buxell, for the Krieger Open Space Development. (Motion passed 5-0). C. Ordinance No. 8148 amending Size of Accessory Structures The ordinance regulates the size of garages and detached accessory structures according to the size of the lots. Smaller lots, such as the lots located in the "Old Village" and in the Tri-Lakes area are limited to 1200 square feet for both attached and detached structures. When a lot is over an acre, a detached structure will be allowed along with an attached garage. M/S/F DeLapp/John to change ordinance allowing 1000 sq.ft. for a Lot Size of 5,000 sq.ft. to 1 acre. (Motion failed 2-3:Conlin, Hunt:doesn't want to see equipment stored outside, have set a reasonable limit, Johnston.) LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1996 5 M/S/P Johnston/Hunt - to adopt Ordinance No. 8148, as amended, amending Section 301.130C.i.b. of the Lake Elmo Municipal Code relating to the Size of Accessory Buildings and Structures, (amended as followed: Lot size:2 acres or more, 5,000 sq.ft to 1 acre reads "the footprint of the detached structure shall not exceed the footprint of the primary structure", Lot Size (Nominal). (Motion passed 5-0). M/S/P DeLapp/Hunt - to direct the staff to prepare an impervious surface requirement for those residential districts that currently di on't have them. (Motion passed 5-0). D. Ordinance No. 8149 amending Height of Accessory Structures This ordinance redefines residential detached garages and specifically states the maximum height of such a structure to 20 feet` This will allow more flexibility in the design of garages. M/S/P Conlin/Johsnton - to adopt Ordinance No. 8149 amending Section 301.130CV.l.b. of the Lake Elmo Municipal Code relating to the height of accessory buildings and structures. (Motion passed 4- 1:DeLapp:thought it was discriminatory, it is terrible not to allow this as loft space or storage). E. Resolution No. 96-38 approving final plat of Judith Mary Manor The Council approved the preliminary plat for Judith Mary Manor (formerly known as Foxfire Manor) at their September 19, 1995 meeting. The plat indicates 12 single family lots and will extend 55th Street with 57th Street. The Planning Commission reviewed and recommended approval of the final plat at their November 12, 1996 meeting. Attorney Filla prepared the Development Agreement for Council approval. Council member Hunt asked if the City is landlocking any land; such as Lauseng Stone, Johnson property because there are plans by the State Transportation Dept. to 'eliminate driveways off of Highway 36 and go full freeway. Council member Johnston felt this was a legitimate concern, but didn't understand how we could hold this development and developer responsible for what the state might do on Highway 36. M/S/P Johnston/Conlin - to adopt Resolution No. 96-38 approving the final plat of Judith Mary Manor. (Motion passed 5-0). ` M/S/P DeLapp/Hunt - that execution of the Development Agreement by the City be subject to review that Blvd. trees be planted in the right-of-way in RE Zone is in compliance with the City code. (Motion passed 5-0). I , F. Ordinance 8150 amending sign ordinance Planner Terwedo provided a revision of the sign ordinance which breaks out the Old Village with other areas of the City. The Planning Commission reviewed the ordinance on November 12, 1996 and recommended adoption of the ordinance as prepared. M/S/P DeLapp/Hunt - to adopt Ordinance No. 8150 amending Section 535 relating to signs and adopt the summary of Ordinance No. 8150.; (Motion passed 5-0). G. Ordinance 8146 amending Section 700 (Sewer Systems) This ordinance was adopted at the November 7, 1996 Council meeting. The adoption of the Summary of Ordinance 8146 was postponed because approval requires four votes by the Council and there was only three Council members in attendance. H. Ordinance 8146 approving summary of ordinance amending Section 700 M/S/P Hunt/Del-app - to adopt summary of Ordinance No. 8146 relating to Sewer Systems. (motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1996 Growth Options for Metro Area Planner Terwedo handed out and',reviewed the Executive Summary of Proposed Amendment to the Regional Blueprint. A resolution was provided indicating the City concludes that expansion of the Regional Municipal Urban Service' Area should be considered only after new State legislation mandating the growth of the Metropolitan Region, M/S/P Johnston/Hunt - to approve Resolution No. 96-39, and direct the planner to incorporate the concept the Council is struggling with such as, (add to last Whereas: "and also consider the effect of out of state areas in terms of population growth into the metro area"). (Motion passed 5-0). Mayor John will read this resolution at the public hearing Wednesday night at Oakdale. M/S/P Hunt/Johnston - to direct the staff to send a copy of this letter along with a copy of the resolution with a cover letter to Governor Carlson,explaining the City of Lake Elmo is not in agreement with the direction the Met Council is going and the current make-up of the Met Co. since these are his appointees and send a copy of this letter to the Met Co.. (Motion passed 5-0). J. Recommendation of Planning Commission on its Composition At the September 17, 1996 Council meeting, the Administrator recommended changing the composition of the Planning Commission from 7 voting members and 2 aRernates tog full -voting members. The Planning Commission recommend that the composition remain the same and felt the alternate positions are a good learning experience for the new members. The quorum section of the code should be changed from two-thirds to a majority of the members. The Council did not approve the change of number of members required for a quorum. If the Planning Commission is having trouble with attendance at the meetings, the City should take a harder line and enforce their attendance regulations. The Council will be receiving attendance records at their January meeting and at which time this item can be discussed. I K. Appointment of Ann Terwedo to Transportation Board i Planner Terwedo reported that as a resident of Washington County was asked to apply to serve on the Transportation Advisory Board and was notified that the Met Co. appointed her. The meetings are held 3rd Wednesday every month at 2 p.m. 8. UNFINISHED BUSINESS:None 9. CITY ATTORNEY'S REPORT:None 10. CITY COUNCIL REPORTS:'' Mayor John attended the Elected Officials Conference meeting for School District #622 on November 13, 1996 and the Web Site Conference at the Radisson Hotel on November 19, 1996. 11. CITY ADMINISTRATOR'S REPORT: A. Resignation of Barbara Holm i The City Administrator requested that Barb Holm's job description be reclassified to full-time. Council member Hunt suggested a job description be brought to them for approval before advertising in the newspaper. Member DeLapp'asked if the City would have more options (flexibility and cost) by having two part-time people rather than one full-time person. Member Conlin needed more justification for a full-time position than what's been provided and asked to take a look at funding received from the Cable Commission for the cable duties. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 1996 7 M/S/P Hunt/Conlin - to accept the; resignation of Barb Holm effective December 31, 1996 and send a letter to Barbara Holm indicating the City's appreciation of her offer and how much she will be missed. (Motion passed 5-0). B. Set Workshop with Staff i The Council as a whole scheduled a workshop with the staff to communicate what is or is not an acceptable job performance, order box lunches, for December 11, 1996 at 5 p.m. C. Proposal from Ginny Holder (Cable Rep) to produce a regular monthly program Ginny Holder, Lake Elmo Cable TV Representative, provided a proposal to produce a regular monthly program 20-30 minutes in length beginning January 1997. The purpose of the program would be to use cable TV as a means of disseminating information of community interest to residents at no charge to the City. The Council endorsed concept and would improve communication between the City and its residents. The Council requested a more detailed proposal be brought back to them. The Council adjourned at 10:45 p.m. Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. Public Inquiries are heard the first meeting of every month at 7:15 p.m. Please fill out a "Request to Appear Before the City Council" form and give it to the recording secretary. The Mayor, or in his absence the Acting Mayor, will call on you at the appropriate time. Comments should be limited to five minutes. The Council may defer your question or comment to another meeting so that the staff can prepare an answer and/or response. It is at the discretion of the Mayor to allow comments from the public on individual agenda items. Lake Elmo City Council Agenda November 19,1996 7:00 P.M. Meetings Convenes Pledge of Allegiance 1. Agenda 2. Minutes 3. Claims 7:15 P.M. 4. Public Informational A. Bill Longbehn - Time requested to address the Council and cable viewers because of cable failure on election night. 7:30 P.M. B. Other 7:35 P.M. 5. City Engineer's Report A. Water Agreement with Oakdale for Section 33. B. Street Lights at Christ Lutheran Church. C. Discussion on proposed Storm Water Facilities agreement between Lake Elmo, Oakdale and Valley Branch Watershed (City Engineer and City Planner) D. Other 6. Maintenance/Parks/Fire A. Update on VFW Ballpark Purchase B. Other 8:15 P.M. 7. Planning Land Use and Zoning A. Ordinance 8 1 - amending OP (Open Space) Ordinance. B. Concept Approval: I{reiger OP Development located'/4 mile north of CR 17 and CR 10 (Jack Buxell) C. Ordinance 8 1 - amending Size of Accessory Structures. D. Ordinance 8 1 - amending Height of Accessory Structures E. Resolution 96- approving final plat of Judith Mary Manor F. Ordinance 81 amending sign ordinance Lake Elmo City Council Agenda November 19, 1996 Page 2 G. Ordinance 8 1 - amending Section 700 (Sewer Systems) H. Ordinance 81- approving summary of Ordinance amending Section 700. I. Growth Options for Metro Area. J. Recommendation of Planning Commission on its Composition. K. Other 9:00 P.M. 8. Unfinished Business 9. City Attorney's Report 10. City Council Reports 1. Mayor John 2. Council Member Conlin 3. Council Member DeLapp 4 Council Member Hunt 5. Counci Member Johnston 11. City Administrator's Report 1. Resignation of Barbara Holm 2. Set Workshop with Staff 3. Other