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HomeMy WebLinkAbout03-04-97 CCMLAKE ELMO CITY COUNCIL LNUTES MARCH 4, 1997 ( 1 LAKE ELMO CITY COUNCIL MINUTES RAFTMARCH 4, 1997 1� 1. AGENDA a 2. MINUTES: February 18, 1997 3. CLAIMS 4. PUBLIC INFORMATIONAL/INQUIRIES: A. Legislative Update: Senator Gary Laidig and Representative Peg Larsen B. Public Inquiries 5. CONSENT AGENDA: None 6. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 30th Street Reconstruction B. Temporary Lowering of Valley Branch Watershed District Lakes 7. PARKS/MAINTENANCE/FIRE DEPARTMENT: A. Recommendation on Pumper: Dicks Sachs, Fire Chief 8. PLANNING, LAND USE & ZONING: A. Case No. CPA/97-19 Elzabeth Miner; Comprehensive Plan Amendment/Horse Stables B. I-94 Update C. Community Survey D. Subcommittees established by Planning Commission E. Request to speak from Rodney Sessing 9. CITY ATTORNEY'S REPORT: A. Update on Junker Landfill B. Update on Burgess Lawsuit 10. UNFINISHED BUSINESS: A. St. Croix Bridge Issue 11, CITY COUNCIL REPORTS: 12, CITY ADMINISTRATOR'S REPORT: A. Six month review - pay raise recommendation for Cynthia Young Mayor John opened up the meeting at 7:10 p,m, in the Council chambers. PRESENT: Hunt, Dunn, John, Conlin, DeLapp, City Attorney Filla, City Engineer Prew, City Planner Terwedo and Administrator Kuefdier. L AGENDA M/S/P Dunn/Hunt - to approve the March 4, 1997 City Council agenda as amended. (Motion passed 5-0), 2. MINUTES: February 18, 1997 M/S/P DeLapp/Conlin - to approve the February 18, 1997 City Council minutes as amended. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1997 2 3. CLAIMS M/S/P Conlin/Hunt - to approve the March 4, 1997 Claims #5659 through #5701 as presented. (Motion passed 5-0). 4. PUBLIC INFORMATIONALANOUIRIES: A. Legislative Update: Senator Gary Laidig and Representative Peg Larsen Representative Peg Larsen reported on the battle over rights -of -way between telephone companies and Minnesota cities is being fought in both the Legislature and courts, House File 657 requiring city plats be approved by the County if it has access on a County road, the House passed a youth tobacco access bill that would require the licensing of tobacco retailers by cities or by the county if the city chose not to issue license. Representative Larsen has been appointed to the Boundary Waters Commission. Senator Gary Laidig reported on ideas for property tax reform, legislation abolishing the Met Council or reconstitute them as an elected body, abolishing the Municipal Board, and working on exempting local goverments from having to pay sales tax. B. Public Inquiries: Ron Sessing asked if he could speak under the City Planner's Report. 5. CONSENT AGENDA: None 6. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 30th Street Reconstruction The Public Hearing Notice was published in the Stillwater Gazette on February 14 and 21, 1997 and all affected property owners were notified. City Engineer, Tom Prow, reported as part of Lake Elmo's Five Year Municipal State -Aid Improvement Plan, 30th Street North is scheduled for reconstruction in 1997. Prow presented the Reconstruction Project which includes an 80' diameter roundabout at the intersection of Lisbon Avenue and 30th Street. A 5' wide concrete sidewalk is proposed from Lake Elmo Avenue to Lisbon Avenue. This improvement is included in the City's Park and Trail Plan. Prow felt this makes good sense from a safety stand point since the road will be constructed so narrow. Prow proposed East of Lisbon Avenue an 8-foot bituminous trail be constructed to Manning Avenue. The total estimated project cost is $526,000. A petition consisting of 20 signatures (13 families) petitioning the City not to install a sidewalk along 30th Street as part of the resurfacing project was submitted. The Council received a letter from Joseph Lux, Washington County Public Works Dept., requiring filing of a street access permit as a method for them to track improvements made to intersections with the County State Aid Highway system. Mayor John opened up the public hearing at 8:00 p.m, in the Council chambers. Marjorie Williams, 3025 Lake Elmo Avenue N,. opposed the sidewalks because a sidewalk will not enhance the quality of a quiet country lane. She has been walking this street to Reid Park since 1972 and has not been fearful of the traffic or heard of anyone injured on this street. Shirley Jahnke, 11377 30th Street N., referred to the petition submitted, indicating that most of the residents do not want the sidewalk installed. Virginia Kressin, 11217 30th Street N., stated she had no problem walking the street and did not want the improvements for the street or the sidewalk. Greg Quick, new resident on 30th St., likes to walk the street, but had the problem of where to go when the cars are coming. He applauds the trail because this would siphon the bikes of the road, give the bicyclist a chance to pass a pedestrian and provide safe walking. LAKE ELMO CITY COUNCIL LNUTES MARCH 4, 1997 ( 3 Bob Herzfeld, 15050 30th St. N., developer of Heritage Farm off of 30th St. and Manning, likes the design of the road and the proposed round -about. Regarding the construction schedule beginning approx. June 2nd, they are looking at that time to start digging basements. He asked if the asphalt and tar would be down in time for truffic that will be in by Fall for the selling season. Jackie Notaro, 3020 Lisbon Avenue N., has trouble walking the street and endorsed the proposed trail. She asked if each townhouse unit on Lisbon Avenue would be assessed? Paul Ryberg, 11326 30th St. N., liked the idea of having catch basins. Mayor John closed the public hearing at 8:12 p.m. Discussion followed based on the petition submitted if there should be a sidewalk and trail since the trail is proposed in the parks Plan. M/S/P Hunt/Conlin - to adopt Resolution No. 97-6. A Resolution Ordering Improvement and Preparation of plans for the 30th Street Reconstruction from Lake Elmo Avenue (CSAH 17) to Manning Avenue (CSAH 15). (Motion passed 4-1: Dunn:The petition has 22 signatures stating they do not want a sidewalk). M/S/P Hunt/Dunn - to direct the Parks Commission to study the issue of a trail system along 30th street from Manning Avenue to Lake Elmo Avenue and whether or not it should be routed along 30th street or if it should be diverted through Reid Park and continue to Lake Elmo Avenue. (Motion passed 5-0). B. Temporary Lowering of Valley Branch Watershed District Lakes The Council received a copy of a letter from Randy Peterson, Barr Engineering to Molly Shodeen, DNR, regarding temporary lowering of Valley Branch Watershed District Lakes. If the lakes are not lowered, flood elevations could exceed the projected 100-year flood levels. The process will take two to three weeks, and there will be notifications in both the Pioneer Press and the Oakdale Lake Elmo Review. Thin ice signs will be placed at the respective water bodies. The Council voiced their concern that the landings should be posted by the VBWD. Tom Prew will check with the Maintenance Dept. if there are any other areas for potential flooding. 7. PARKS/MAINTENANCEMM DEPARTMENTS: A. Recommendation on Pumper, Dick Sachs, Fire Chief The Council received a letter from the Lake Elmo Fire Department Officers and Equipment Committee, dated March 1, 1997, recommending to purchase the truck bid by General Safety Equipment as a demo unit. The vehicle cost would be $203,960.00 plus approximately $1000 for the additional equipment. (Electronic air compressor and pump valve). The Fire Department would take delivery of the vehicle in November, 1997. Fire Chief Dick Sachs stated the department got 28 years out of the last pumper and expects this pumper to last at least 25 years. The old unit will be sold. As liaison to MAC, Councilor Hunt clarified because of the nature of the way this has changed, the MAC did recommend approval of pursuing a demo fire truck in the August timeframe. That fire'track evaporated. In the meantime there was confusion amongst members of MAC, the Council, staff as to what really was approved. Even if the process was followed, Hunt did not believe the final result would be any different. M/S/P Conlin/John - to accept the bid from General Safety Equipment, for a demo unit, at a cost of $204,960 which includes the electronic air compressor and pump valve to be delivered by November, 1997. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1997 4 S. PLANNING. LAND USE & ZONING: A. Case No. CPA/97-19 Elzabeth Miner: Comprehensive Plan Amendment/Horse Stables Planner Terwedo reported this is a request by Elzabeth Miner for a comprehensive plan amendment to change a land use designation from Open Space Development Area to RAD, Rural Agricultural Density to allow a stable business for the boarding and training of horses as stated in the request for a conditional use permit. At its February 24, 1997 meeting, the Planning Commission recommended approval of Case No. CPA/97-19. M/S/P Conlin/Hunt - to adopt Resolution No. 97-7, Case No. CPA/97-19, A resolution amending the Future Land Used Map of the 1990 Lake Elmo Comprehensive Plan from Open Space Development Area to Rural Agricultural for Elzabeth Miner based on the recommendation from the Planning Commission, Findings of Fact stated in the City Planner's report; contingent upon Met. Council approval. (Motion passed 5-0). B. I-94 Update Planner Terwedo reported for the past seven months, the I-94 Task force has been meeting to define the issues and policies for the I-94 Corridor, A study area boundary was defined which includes both a primary planning area and secondary planning area as described in the Issues and Policies Report attached. The Planning period was defined which extends to the year 2015. Terwedo presented the three land use alternatives that have been developed. Springsted will be preparing the fiscal analyses for all these alternatives, Once that is completed, the alternatives will be presented for formal review by the City. Staff anticipates a series of workshops and/or open houses for the residents to review these options. Several council members indicated they are getting back what was asked for, studies gave the broadest reign feasible and permits the Council to interpret the best interests of the City. C. Community Survey - Informational The Council received a survey research proposal from Decisions Resources, Ltd. The cost of a survey is driven by two factors: sample size and questionnaire length. A 60 question unit, 300 household random sample of the City would cost $6,250,00. Each additional question unit beyond the initial 60 would be $150.00. In the 1997 Budget there is $4,000 allocated for the community survey and $30,000 for the professional reserves. The staff had done a cost analyses for a survey between other organizations. The Council would like the Planning and Parks Commission review the list of questions before the final sign - off of the program by the Council. D. Subcommittees established by the Planning Commission In a memo dated March 4, 1997, Planner Terwedo informed the Council that subcommittees for Lighting and Public/Quasi-Public Facilities Regulations have been established by the Planning Commission. The Commission would like a workshop to review the OP Ordinance. Planner Terwedo will be meeting with Bob Sykes, University of Minnesota, Dept. of Landscape Architecture, to discuss the OP projects we have processed. E. Request to speak by Rodney Sessing Rodney Sessing commented that the OP plan is good, but there seems to be loose ends and would like the council to look at these; such as the Land Trust Agreements where the owner retains ownership and if the highway dept. condemns that land the owner gets paid for it, but Lake Elmo loses that land. Would like to see that money go to a land trust fund to purchase additional land in Lake Elmo to compensate for the loss of the land. He asked for a moratorium on rezoning RR, OP development into Public Facilities zoning district until the PZICC establishes standards. The Council asked that Mt. Sessing's issues be discussed t LAKE ELMO CITY COUNCIL NnNUTES MARCH 4, 1997 at the Joint meeting between the Council and the Planning Commission when they discuss the OP Ordinance. 9. CITY ATTORNEY'S REPORT: A. Update on Junker Landfill Attorney Fllla reported that a settlement has been achieved in this case and asked the City Council to authorize the Mayor and Administrator to sign the appropriate settlement documents sometime within the next 10 days and funds requested are $200. B. Burgess Lawsuit Councilor Hunt asked that Attorney John Miller and Jim McNamara have the status of the complaints and if the parties involved are in compliance at the next Council meeting. 10. A. St. Croix Bridge Issue The City Council held a workshop at City Hall on Tuesday, February 25, 1997 concerning federal mediations and the future of the St. Croix River Bridge. The four Council members in attendance recommended the final vote on this subject be held at a regular Council meeting. M/S/P Conlin/John - to decline to participate in the mediation process on the St. Croix Bridge and the city send a letter to Oak Park Heights stating that the City supports mediation as a way of resolving issues, that the city would like to see the keyplayers, Oak parks Heights, MnDOT, National Park Service, Wis DOT, and Stillwater sit down and see if they can work out an amicable resolution. (Motion passed 3- 2:Dunn:concern with the impact of increased traffic on Hwy 36 and 5, DeLapp:In our comprehensive plan we made references to the impact of the bridge.) M/S/P Hunt/Conlin - that the City of Lake Elmo would express its interest in understanding and following the process such as we may evaluate any impact that they come to any decisions based on the mediation effort and then also address upon the city's understanding would then prepare a workshop to discuss how these decisions would impact Lake Elmo and communicate those to the appropriate agencies. (Motion passed 5-0). 11. CITY COUNCIL REPORTS: Mayor John attended the Old Village Task Force meeting, and it appeared as if the members felt they were not publicly recognized and established by the city and did not have the authority to request items to be copied or mailed. The Council has not defined the boundaries of the Old Village for them to study. Planner Terwedo was asked to bring back a map showing the Old Village study area, as far West as Klondike, North to Schiltgen Farm, East to the limits of Fields of St. Croix and down to Manning Avenue and back and possibly 100 yards south of the railroad track including the north shore of Lake Elmo. Administrator Kueffner asked that the City be provided a list of names so it can officially recognize them as a committee. A workshop between the Council and the Old Village Task Force will be scheduled for April. Council member Conlin reminded the Council that the Planning Commission asked for a workshop to review the issues with the OP Ordinance. The Council set up Monday, March 31, at 6:00 p.m., City Hall for a joint council/planning commission workshop. Councilor DeLapp proposed a moratorium on Public Facilities until the City develops standards for this zoning district. The Administrator will get a legal opinion on this and add this item to the agenda for the Joint Workshop. LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1997 Council member Dunn felt issues, such as; was it appropriate that the RE zoning (minimum 2 1/2 acres) deleted, need to address buffer areas, no townhouses permitted, and the affect of Dist. 834 school boundary proposal. Councilor Hunt asked that a policy book be given to each Council member, an in the future, these policies will be placed on the web site. He will look into a print sharing mechanism and try to bring back a recommendation for the next meeting. 12. C1TY ADMINISTRATOR'S REPORT: A. Six Month Review - Pay raise recommendation for Cynthia Young Administrator Kueffner explained that an employee evaluation was done by her and Ann Terwedo and recommended a $1.50 per hour increase. This increase does not include the 1997 pay review now underway for all staff members. M/S/P DeLapp/Dunn - to approve the pay increase of $1.50 per hour for Cynthia Young as recommended by the City Administrator. (Motion passed 5-0). There was discussion on the cost of publishing a monthly newsletter and a suggestion was made to get a list of local businesses to see if there is interest in advertising. A policy would be drafted and reviewed by the League of MN Cites or the City Attorney. The Council adjourned the meeting at 10:35 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk