HomeMy WebLinkAboutapproved Nov 15th 2005 cc minutes(12-20-2005 packet) MINUTES APPROVED: December 6, 2005
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 15, 2005
1. AGENDA
2. MINUTES: October 18 2005,November 1, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Informational
4. CONSENT AGENDA:
A. Resolution No. 2005-121: Approving Claims
B. Resolution No. 2005-122:Approving Maplewood Oakdale Lions
Charitable Gambling License
C. Resolution No. 2005-124:Railroad Crossing Agreement for Water
Systems Interconnect Phase III
D. (1)Resolution No. 2005-125:Change Order for Chris Riley Water Project
Phase I
(2)Resolution No, 2005-126:Change Order for Chris Riley Water Project
Phase III
E. Ad Hoc Community Improvement Committee Attendance
5. FINANCE:
A. Public Hearing: Assessment for Proposed Unpaid Municipal Utilities;
Resolution No. 2005-123
B. Monthly Operating Report
C. Truth N'Taxation, Proposed Budget verbal
6.NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire Department: ,
(1) Resolution No. 2005-127 Adopting the National Incident
Management System
(2) Resolution No 2005-128, Adopting and Promoting the Use
of Intrastate Mutual Aid Agreements—NOT ADOPTED
B. Update on Building Department: Activities:Jim McNamara
8. CITY ENGINEER'S REPORT:
9. PLANNING,LAND USE&ZONING:
A. Alternative Septic Treatment--Austad, Pierre,Hurt
B. Comprehensive Plan Update—verbal
10. CITY ADMINISTRATOR'S REPORT:
11. CITY COUNCIL REPORTS:
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
chambers: PRESENT: Conlin, Smith,Johnston,Johnson, City Planner Dillerud, City
Engineer Prew, City Attorney Filla, Building Official Jim McNamara,Finance Director
Tom Bouthilet. ABSENT: Council member DeLapp
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2005 1
1, AGENDA:
M/S/P Johnson/Smith -to approve the November 15, 2005 City Council agenda, as
amended. (Motion passed 4-0).
2. MINUTES: October 18 2005
M/S/P Johnson/Conlin- to approve the October 18, 2005 City Council Minutes, as
amended. (Motion passed 4-0).
MINUTES: November 1, 2005
M/S/P Johnson/Smith-to approve the November 1, 2005 City Council Minutes, as
amended. (Motion passed 4-0).
3. PUBLIC INQUIRTES/INFORMATIONAL:
A. Public Informational
A resident at 8740 Stillwater Blvd., asked if he could split his 9.5 acres in Residential
Estates zoning. The City Planner noted this has been an unprecedented action as this has
never been asked before. Such a request would require a Comprehensive Plan
amendment,rezoning and a variance. The Council suggested that the resident get
together with the planner and initiate the process.
4. CONSENT AGENDA:
A. Resolution No. 2005-121: Approvin Claims
laims
M/S/P Johnson/Conlin- to adopt Resolution No. 2005-1.21, Resolution Approving
Claim Numbers 290, 291, DD561 through DD572, 28187 through 28218 which were
used for Staff Payroll dated November 10, 2005 and claims 28219 through 28268 in the
total amount of$101,958,87. (Motion passed 4-0).
B. Resolution No. 2005-122:Approving_Maplewood Oakdale Lions
Charitable Gambling License
The Maplewood-Oakdale Lions is requesting its annual One-Day(February 6, 2006),
Off-Site Gambling License to sell raffles and hold bingo at the Lake Elmo Inn.
M/S/P Johnson/Conlin-to adopt Resolution No. 2005-122,A Resolution Approving the
Issuance of a Charitable Gambling License by the State of Minnesota to the
Maplewood/Oakdale Lions. (Motion passed 4-0).
C. Railroad Crossing Agreement for Water Systems Interconnect Phase III
In his memo dated November 10, 2005, the City Engineer reported the portion of water
main that crosses under the railroad bridge on Stillwater Boulevard requires a Pipeline
crossing agreement. The Railroad requires $1,500 License Fee with this agreement.
M/S/P Johnson/Conlin- to adopt Resolution No. 2005-124,A Resolution Approving The
Agreement Covering A Pipeline Crossing at Lake Elmo. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2005 2
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D. (1) Resolution No. 2005-125:Changc Order for Chris Riley Water Project
Phase I
In his memo dated November 10, 2005,the City Engineer reported due to the late
completion of the Phase I Project by the contractor,they entered into discussions with
them regarding liquidated damages for that project. Asa result of those talks, the City
agreed to deduct$10,000 from monies due them and to have them install Phase V water
main at an agreed upon price of$20,000.
M/S/P Johnson/Conlin -to adopt Resolution No. 2005-125, Resolution Approving
Change Order No. 1 for Chris Riley Water Systems Interconnect Project Phase I.
(Motion passed 4-0).
(2) Resolution No. 2005-126:Change Order for Chris Riley Water Project
Phase III
In his memo dated November 10, 2005,the City Engineer reported due to the hurricanes
in the Gulf area,the availability of polyethylene pipe is in very short supply. The
contractor has had his order for pipe delayed and the price substantially increased as a
result of these conditions. The City has agreed to extend the completion date for a portion
of this project. Staff is recommending that the point of the project necessary to give
water service to the Farms of Lake Elmo be completed his fall and complete the
remainder of the project next spring.
M/S/P Johnson/Conlin-to adopt Resolution No. 2005-126,A Resolution Approving
Change Order No. 1 for Chris Riley Water Systems Interconnect Project Phase III.
(Motion passed 4-0).
E. Ad Hoc Community Improvement Committee Attendance
At the direction of the Council, the CIC was directed to review the absence of Jill
Anderson and their meeting schedule. At their November 9th meeting, the CIC
recommended that Commissioner Jill Anderson be removed from the CIC for cause and
hoped Ms. Anderson will reapply when her time permits. The CIC has established a
quarterly meeting schedule for 2006.
M/S/P Johnson/Conlin—to remove Jill Anderson from the Community Improvement
Commission for non-response and to thank her for her service to the City. (Motion passed
4-0).
Mayor Johnston indicated the Community Improvement Commission was never intended
to be an Ad Hoc Committee and asked that this item be added to the next Council
Committee agenda.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2005 3
5. FINANCE:
A. Public Hearing:..Assessment for Proposed Unpaid Municipal Utilities-
Resolution No, 2005-123
The Finance Director reported the City by State Statute and City Code has the authority
to assess property owners for unpaid utilities and services. All property owners were sent
letters regarding past due Municipal utilities balances. Notification of the Public Hearing.
was published in the Lake Elmo Leader on November 4,2005. Property owners will
have until November 30, 2005 to pay the balance due without interest or a fee of$25,
whichever is greater.
Mayor Johnston opened up the public hearing at 7:17 p,m. in the Council chambers.
There was no one to speak for or against the unpaid municipal utilities.
Mayor Johnston closed the public hearing at 7:1 S pan.
M/S/P Johnson/Johnston- to adopt Resolution No. 2005-123,A Resolution Authorizing
Certification to Washington County Auditor for Unpaid Utility Bills. (Motion passed 4-
0).
B. Truth N'Taxation, Proposed Budget verbal
The Truth and Taxation Hearing is schedule for December 5fh, 7 p.m. with the adoption
scheduled for the December 6th Council meeting. If the Hearing needs to be continued,
December 12`h is the date scheduled.
6. NEW BUSINESS:
7. MAINENANCE/PARK/FIRE/BUILDING:
A. Fire Department:
(1) Resolution No. 2005-127 Adopting the National Incident
Management System
Fire Chief Malmquist reported that as Minnesota continues to implement Homeland
Security Presidential Directives (HSPD) 5 and 8,the National Incident Management
System(NIMS) is a key element to compliance and effective implementation. The NIMS
system makes the nation and Minnesota safer by establishing the uniform response
processes, protocols, and procedures for all emergency responders.
MIS/P Johnson/Smith—to adopt Resolution No.2005-127,Designation of the National
Incident Management System as the Basis for All Incident Management in the City of
Lake Elmo. (Motion 4-0).
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15,2005 4
(2) Resolution No 2005-128,Adopting and Promoting the Use
of Intrastate Mutual Aid Agreements
In the letter dated May 18, 2005, it indicates there are nine steps needed for initial
implementation of HSPD 5 and 8 and for initial NIMS ICS compliance are identified in a
memo dated March 10, 2005, entitled National Incident Management System: Incident
Command System Elements Implementation to Minnesota. The Council did not receive
a copy of the memo dated March 10, 2005.
M/S/P Johnson/Johnston—to delay action on this agenda item in order to obtain the
March 10,2005 Memo. (Motion passed 4-0.)
B. Update on Building Department: Activities:Jim McNamara
The Building Official reported there were five new residential permits and one new
commercial permit issued for October, 2005.
8. CITY ENGINEER'S REPORT:
9. PLANNING,LAND USE,AND ZONING:
A. Alternative Septic Treatment—Austad,Pierre, Hurt
The City Planner reported the City received a letter from Attorney Rooney on behalf of
the property owners located at the northwest corner of Highlands Trail and Hytrail. The
letter requests the City's assistance to either hook these homes to the Metropolitan Sewer
line at 54`' Street in Oakdale or locate a site on City owned property with the
DeMontreville Nature area on which to construct conventional drain field. The
petitioners have indicated that they will pay the costs of whichever alternate is pursued.
The Planner noted that the City staff suggested to locate a conventional drain field site or
sites on some of the high ground within the DeMontreville Natural area to which
wastewater could be pumped and infiltrated...much like the several existing 201 systems
in the City. If the pipe and drain fields become City infrastructure (as are the 201's)the
appropriate connection fee and quarterly service fee would be charged the property.
owners, and the City would maintain that infrastructure---still to be constructed at the
property owners expense.
Mr. Austad said they have a septic designer if the City wants to proceed with siting a
three home system in the wilderness park area. The Council thought this was a workable
solution for a health and safety issue. The City Administrator added the project would be
under the City Engineer's control and any costs would be reimbursed. The City would
bare no costs for the solution.
M/S/P Johnston/Johnson--to direct the staff to work with the three homeowners
(Austad/Pierre/Hurt)on Hytrail Avenue in the direction of a community treatment on
Lake Demontreville wilderness area and meet the designer requirements of the city
engineer and any costs would be reimbursed by the property owners. (Motion passed 4-0)
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15,2005 5
Attorney Filla noted there was no public hearing required. Council member Johnson
suggested informing all the residents in the area and to allow them to comment.
Mr.Austad said he would get the septic designer and send a report to TKDA.
B. Comprehensive Plan Update--verbal
The City Planner provided a letter he drafted to Phyllis Hanson, Local Planning
Assistance Manager of the Metropolitan Council,in response to her letter of September
26 initiating "a preliminary review dialogue"regarding the City's 2005-2030 Comp Plan
submission to the Metropolitan Council.
The Council changed the sentence on the second page, I"paragraph,to read as follows
"The City Council unanimously adopted a Motion directing me to advise the
Metropolitan Council that the City Council finds Conditions 3(i), (i),(ii)and(iii)not to be
in compliance with State Statute providing that the Metropolitan Council may attach only
"reasonable" conditions to time extension for plan submission."
10. CITY ADMINISTRATOR'S REPORT:
The City Administrator reported that the City of Oakdale approached him to consider
allowing them to share our salt facility at the new public works facility. In continuation
with our cooperative relationship with Oakdale, he said we would evaluate what facility
costs would be and take preliminary steps which would be borne by the City of Oakdale.
The questions raised by Council were the number of years for the agreement, cost of road
deterioration and increase in traffic.
The Council consensus was to approve the direction for the City Administrator to work
with the City of Oakdale on the joint salt project with Oakdale.
The Washington County Administrators elected Martin Rafferty as their Chairman.
11. CITY COUNCIL REPORTS:
Mayor Johnston annoarlced the Lake Elmo Library will be opening in December.
Council member Johnson alerted the public that December 1"the Minnesota State
Demographer will have a demographics presentation at 6:30 p.m. at the Grand in
Stillwater.
The Council Adjourn the meeting 7:57 p.m.
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Respectfully submitted by Sharon Lumby, City Clerk
Resolution No, 2005-121 Claims
Resolution No. 2005-122 Maplewood Oakdale Lions Charitable Gambling License
Resolution No. 2005-123 Assessment for Unpaid Municipal Utilities
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2005 6
Resolution No. 2005-124 Railroad Crossing Agreement for Water Systems Interconnect
Phase III
Resolution No. 2005-125 Change Order for Chris Riley Water Project Phase I
Resolution No. 2005-126 Change Order for Chris Riley Water Project Phase III
Resolution No, 2005-127 National Incident Management System
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