HomeMy WebLinkAboutMinutes of Dec 20, 2005 AMEN DED/APPROVED: 01/03106
City of Lake Elmo
City Council Meeting
Minutes of December 20, 2005
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m.
COUNCILMEMBERS PRESENT: Conlin, Johnson, and DeLapp. STAFF PRESENT:
Administrator Rafferty, Planner Dillerud, Finance Director Bouthilet, City Attorney Filla, City
Engineer Prew, and Recording Secretary Schaffel.
Pledge of Allegiance
1. Agenda
11A Hiring of Fire Chief will be moved to the first meeting in January. 9B, 9C, and 9E require
four votes so they will be postponed until the next Council Meeting. Add Planning 9H-
Proposed System Statement.
MJS/P, Johnson/Johnston, To accept the Agenda as amended.
Councilmember DeLapp said he would like to talk about 9B-Comprehensive Plan Amendment
but not have a vote on it, and to talk about the park in the neighborhood with all the kids, and the
CIP. Major Johnston said that a four vote super majority is required for a Comprehensive Plan
Amendment, and he would like all councilmembers present for that discussion and vote.
Councilmember Johnson added that it was important to have Councilmember Smith present
because she attended a key Met Council meeting, and she would like to hear the input or
comments, Councilmember DeLapp left the table at 7:09 p.m. Councilmember Conlin asked if
there were specific items Councilmember DeLapp had questions about. Councilmember DeLapp
came back to the table at 7:10 p.m. The Planner said there is no critical time issue if those items
are postponed to January.
VOTE: 3:1, Nay- DeLapp.
2. Minutes
There were no draft minutes to approve. Councilmember DeLapp said he would like to have
minutes sooner than one month after a meeting.
3. Public Inquiries Informational
There were nor inquiries or information from the public.
4. Consent Agenda
M/S/P, Johnson/DeLapp, to approve Resolution No. 2005-141 approving claims, approving the
Ski Grooming Agreement with Washington County, and approving Partial Payment No. 1-Water
System Interconnect Phase III; Resolution No. 2005-147. VOTE: 4:0.
5. Finance
A. Finance for New Pumper/Tanker
The Finance Director provided several quotes from leasing companies and Northern
Securities, and different options were presented. Staff recommends the Equipment
Certificate option. Councilmember Conlin asked what an `issuance cost' is. The Finance
Director said it is similar to bonding. They perform credit checks and there is legal
preparation in order to provide a binding certificate. Lease companies traditionally do
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that although one would not charge us for it. Administrator Rafferty said it is a good deal
and an appropriate approach so current taxpayers do not bear the burden; no up front
dollars are used, This is the better plan for the city financially.
Ivl/S/P, DeLapp/Johnson, To award financing the new pumper/tanker through the
issuance of G.O. Equipment by Northland Securities, Inc. VOTE: 4:0.
B. Grant Funds Depository Account
The Finance Director explained the separation of accounting for Grant Funds for the
Tablyn Park/Lake Elmo Heights Water Project. M/S/P, Conlin/Johnson, to approve
Resolution 2005-146 authorizing a Grant Fund Depository Account.
The Administrator said 3M will make deposits to the account.
VOTE: 4:0.
C.Monthly Operating Report
The Finance Director said this is not the final report for the year because there are a few
days left in December. Councilmember Johnson commended staff for keeping council
updated to areas of concern the last six months.
6.New Business
A. Planning and Parks Commission Appointments
The Administrator explained that several commissioner terms expire and four
commissioners will have to be looked at as new applicants after having served two terms.
M,DeLapp, To reappoint Planning Commissioners who have not yet served two terms.
MOTION WITHDRAWN.
M/S/P, Johnson/DeLapp, To accept applications for Planning Commission and Parks
Commission until January 10, and to set appointments with applicants for interviews at
the January 10, 2006 Council Workshop. To appoint Bob Helwig, Kathy Sedro, and
David Steele to retain their current positions and offices until a decision is reached by
Council and appointments have been made at the Council Meeting on January 17, 2006.
Planning Chairman Helwig stated there is a Planning Commission meeting and their
election of officers prior to that second Council Meeting.
City Attorney Filla said the Code says Election of Officers takes place for the Planning
Commission at their first meeting in January, and if the Council feels it is for the good of
the City, they can postpone that election process until all Planning Commission positions
have been filled.
VOTE: 4:0. Councilmember Johnson asked staff to provide this information sooner to
allow more time for advertising and consideration.
B. Mayor-Four Year Term
Administrator Rafferty explained the process for changing the term of mayor. If the
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public wishes to comment, they should do so prior to the January 17, 2006 Council
Meeting where the decision will be made. He provided summary data from the League
of MN Cities for 40 cities and said that 20 of those 40 statutory cities have gone to four
year terms. Data gathered from clerks in other cities revealed that about half those
mayors had four year terms.
The mayor said a mayor should have the same term as his or her peers on the City
Council when in a Statutory City and a Plan A City, and also because of consistency in
leadership. Councilmember Conlin said she is against it because every two years the
voters have the ability to dramatically change the dynamics of the City Council.
Councilmember Johnson said she asked other Councils and those with four year terms
said it was easier on city staff and those queried mentioned no negatives.
Councilmember DeLapp said not very many cities have done it. If we do so, we should
be a much bigger city than we are. The last election was won by only 28 votes.
The mayor encouraged the public to let staff know what they think about four year terms
for mayor. It will be discussed at the second meeting in January.
C. Change Council Committees to Council Workshop
Administrator Rafferty said Council Committee Meetings are work sessions. He
suggested that instead of several committees meeting, the council could conduct a
workshop during that time period with a rolling agenda of subject matter for information,
education, issues, etc. He recommends the restructuring and would like to have the
authority to restructure at the Organizational Meeting in January. The Councilmembers
agreed they would like those meetings to begin at 6 p.m. instead of 5:30 p.m. for better
councilmember attendance and improved public participation.
M/S/P, Johnson/Conlin,to change the Council Committee structure to a Council
Workshop to be held the second Tuesday each month beginning at 6 p.m.
MOTION TO AMEND: DeLapp/Conlin, To televise the monthly Council Workshops.
VOTE: 2:2, MOTION TO AMEND FAILED.
VOTE: 4:0.
D.Animal Control Contract
Staff reviewed the Animal Control Contractor and her performance. The mayor said
many residents stopped reporting animal problems because the timing of response for our
current animal control contractor resulted in virtually a non-response. Councilmember
Johnson said timing of response should be part of the contract. Some sort of performance
standard should be set and candidates should have to meet a reasonable response time.
M/S/P, Johnson/Conlin, To direct staff to include response time and performance
standards as part of the animal control contract and to put the contract out for request for
proposals. Staff should evaluate other cities to get their response times. Results should
be provided the Council by the end of January.
Councilmember Conlin said that people who are endangered by animals should receive a
quicker response time.
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VOTE: 4:0.
E. Ramsey Center for Arts-Request for Use of Lions Park for Art Fair
Robert Meyer, President of RCFA, said they would like to hold a Fine Arts and Fine
Crafts Festival over the weekend of July 29 and 30, 2006. There would be around 50
tents. Artists will be responsible for their own art and equipment. The timing fits in a
sequence of the 4th of July Children's Parade, Art Fair, County Fair, and Huff'n' Puff.
There will be light music,not rock band music, off the deck or in the quadrangle behind
the Ramsey Center. A diagram was provided showing the portion of the park outside the
fenced ballfield where the Arts Fair would be staged.
The City Attorney advised that if the Council wishes to use the park for those purposes,
the Council has to make a motion allowing that use of City land.
M/S/P, Johnston/DeLapp, To support authorizing the use of Lions Park within the
confines of the drawing provided by the applicant for a Fine Arts and Fine Crafts Festival
on Saturday and Sunday July 29 and 30,2006 subject to review and approval by the City
Attorney.
Councilmember Conlin asked that the clean up, parking, sanitation, etc.be reviewed and
that she is otherwise very supportive.
Councilmember DeLapp left the table.
Bill Wacker, 3603 Laverne Avenue North
Mr. Wacker lives neat door to the park. He said other small communities have an Art
Fair and he is not opposed to it.
VOTE: 4:0.
8. City Engineer's Report
A. Escrow Reductions
Councilmember DeLapp left the table at 8:14 p.m.
1. Farms of Lake Elmo
The Planner said the City Forester is very involved in Landscape Plans in new
developments. Farms of Lake Elmo should not reduce that portion of their
escrow for landscaping because those improvements are incomplete. The City
Engineer and Planner recommend reduction from$1.175 million to $675,000.
M/S/P, Conlin/Johnson,To approve reduction of the required development
security for the Farms of Lake Elmo Development Agreement to $657,000 as
recommended by the City Engineer and City Planner. VOTE: 3:0.
2. Sanctuary of Lake Elmo
The City Engineer and City Planner recommend reduction of escrow from$2.6
million to approximately$1.8 million. Landscaping is not yet initiated and no
inspection has been performed by the City Forester. M/S/P, Johnson/Conlin, To
approve reduction of the required development security for the Sanctuary of Lake
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Elmo Development Agreement to $1,797,500 as recommended by the City
Engineer and City Planner. VOTE: 3:0.
3. Tapestry at Charlotte's Grove
The Plattner said Tapestry is nearing completion. The City Engineer and City
Planner recommend reduction of escrow from $2.53 million to $372,500. The
Planner said the City Forester has looked at the project and she is impressed. The
developers have done far more than they planned. One portion of the site is not
yet landscaped but the developers have already met their numerical goals. The
Planner said the Council could reduce landscaping to zero but recommended
leaving in $20,000 for plantings not yet done on one portion of the site. M/S/P,
Conlin/Johnson, To approve reduction of the required development security for
the Tapestry at CharIotte's Grove development agreement to $372,500 as
recommended by the City Engineer and City Planner. VOTE: 3:0.
9. Planning, Land Use and Zoning
A.Site Plan Amendment-Country Aix Golf, Resolution No. 2006-142
The Planner said the applicant wants to add a covered sidewalk to their tee box structure
and to change to asphalt shingles on the roof. On December 12, the Planning
Commission recommended approval.
M/S/P, Conlin/Johnson, To adopt Resolution 2005-142 approving an amendment to the
Site Plan of Country Air Golf to add an 8 foot covered walkway to the west side of the
previously approved tee box enclosures, and to substitute asphalt shingles for the roofing
material previously approved. VOTE: 3:0.
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D.Xcel Energy Easement
The Planner said that Xcel has requested an easement to place a gas service measuring
and regulating facility and pipes with shrubbery screening at the southeast corner of the
water tower site on Langly Court in the Old Village. Normally Xcel puts those facilities
in the right-of-way but Langly Court only has one-half the usual street right-of---way
width.
Colette Jurek, Xcel Energy and Bob Stieck Xcel Engineer
The applicants brought a map for the Council showing the site plan. They presented a
photo of the depicting facility at Keats and Hudson and a landscaping plan. The
representatives said this facility could help the City of Lake Elmo because Xcel can
reinforce their gas system in the city. The odorizer currently located on 301E Street, west
of Lake Elmo Avenue would be replaced by this one, and it will be less visible. This
equipment will not need upgrading for ten years. Should something go wrong, Xcel
offers a guaranteed response time within one hour. There are six other stations within the
neighborhood.
Councilmembers asked if the neighbors were notified. Mr. Stieck said the Hardwood
owner owns the apartment building and has been notified but the neighbor to the west has
not been notified. This is not an odorizer station. No odors should be noticed. The
mayor asked about notices being mailed and about Xcel's timetable. Mr. Stieck said they
were not planning to mail notices and they wanted to schedule this winter in January.
Administrator Rafferty clarified that Xcel has the right to use of the right-of-way, and the
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city has the right to review plans, and consequently we have required specific screening.
The applicant has met the city's requirements.
M/S/P,Johnson/Johnston, To approve the installation of a gas service measuring and
regulating facility and pipes with shrubbery screening per staff recommendations.
VOTE: 3:0.
F. Zoning Variances, 1094132nd Street North, Resolution No. 2005-144
The Planner said that the Planning Commission asked the applicant to reconsider plans to
reduce scale and degree of variance on a small lake lot. On December 9, 2005, the
applicant requested the application be placed on hold but the sixty day rule does not
allow that. Therefore the Planning Commission recommended denying the variances as
applied for. Councilmember Conlin asked about the fees should the applicant wish to
change their plans in the near future. The Planner said they could apply for it and staff
will consider fees at that time but the review process absorbs those fees and a complete
review has taken place.
MIS/P, Conlin/Johnston,To adopt Resolution 2005-144 to denying variances for 10941
32°a Street North. VOTE: 3:0.
G. Eurasian Milfoil
The Planner explained that in the past year, Eurasian Milfoil has been found in Lake
Elmo. An Action Plan has been developed for eradication but such plans have been
rather unsuccessful on other lakes. Harvesting is most successful but expensive. They
could increase the level of monitoring at the boat launch within the park reserve. One
item from the report from DNR is that our lake is a deep lake and milfoil does not do well
in depths over 18 feet.
The mayor asked how one apportions costs of control measures. The Planner said that
Lake Associations can take over the task of harvesting and assess it to homeowners.
Some cities rent or buy a harvest machine. The mayor asked if the cost could be born by
those providing public access. The Planner said it could.
Discussion surrounded putting off this agenda item for a couple of meetings because this
is a long-term major expense. Commissioner Johnson said she would like to know the
cost of monitoring, eradication and/or harvesting. Councilmember DeLapp said we could
ask Washington County Parks to help with the monitoring of the boats on and off the
lake, and also to identify long-term or other resolutions that would be applicable for our
other lakes in the community. The County is going through park planning process, and
this is the time for them to be looking at this too. At the Workshop with the Technical
Park Committee this should be an Agenda item. Perhaps some costs can be compiled and
an initial reaction to the county bearing their fair share of costs. The Planner said he
could find out what other communities have spent.
M/SIP, Johnston/Conlin,To direct staff to gather information on monitoring boat traffic
in and out of Lake Elmo through the public boat launch from Washington County, to
research the costs of harvesting milfoil, to investigate participation by Washington
County for costs of monitoring and harvesting, and to return to the Council for review at
Ill the second meeting in January. VOTE: 3:0.
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1.0. City Attorney's Report
A.Snowmobile Ordinance
Jeff Ylinen, 9401 Lake Jane Trail
Mr. Ylinen asked to remove the part about personal property from the ordinance. Strike
"..., and such operation is for the purpose of accessing the right-of-way on private
property." He said the reason is, if you are going from storage to the road that will be
within 50 feet of a neighbor. These are ATVs and people clean their yards with them.
Don't be so restrictive on private property. He asked if lake surfaces are public right of
way. The City Attorney said no but they are public surfaces. Travel across the lake
could be a violation of the ordinance as drafted.
Councilmember DeLapp returned to the table at 8:46 p.m.
The City Attorney said the formula could be expanded in the draft. Part of the problem
was where people were not being reasonable in neighborhoods where houses are close
together. Mayor would ask for more detail if we offered more freedom on personal
property. Conlin would like to put a period after "or all terrain vehicles." That would not
curtail a guy doing laps around his house.
MIS/P, Johnson/Conlin, To adopt Ordinance 97-164 to incorporate the Snowmobile
Ordinance with change to paragraph number D adding a period after all terrain vehicles
and delete the remainder of that sentence (last line and one-half).
The City Attorney said this ordinance adopts new regulations, repeals existing
regulations, and incorporates state statutes,
Councilmember DeLapp asked if studded tires are an issue. The City Attorney said they
are not. He asked if it helps anyone understand the location for snowmobiling in Lake
Elmo. The Attorney said it does not. The Council discussed pedestrian safety and other
aspects. The Administrator said there is a provision for harassment within the ordinance
but it would have to be witnessed by law enforcement.
VOTE: 4:0.
The meeting recessed for five minutes at 9:05 p.m. and reconvened at 9:10 p.m.
9. H. Proposed System Statement
The Planner said the Regional System Statement as distributed by the Met Council has
been received by the City and he explained its impact to the City Council. There are a
couple of items that needed resolution and the Planner asked the Council to have a
meeting with the Met Council to work toward getting those resolved. Councilmembers
DeLapp and Conlin did not see the last System Statement. The Planner did not see it in
1998, and did not realize the city did not protest that one at that time. Councilmember
DeLapp said they heard about things like sewering the regional park and the City Council
was told it would be brought to them when it became an issue and not to worry until that
time. When nobody came forward, those items were forgotten.
The Planner said there are three items that must be objected to with regard to the
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proposed System Statement. One is a growth area map that shows the City what is
expected for regional sewer. The second thing to object to was the area not to be sewered
and the designation as diversified rural (essentially urban reserve as defined'by the
Regional Development Framework). That designation means much of the City would be
shut down for cluster developments. The third 'item was the park and ride at I-94 and
Keats.
The Planner said in 2003, there was serious debate over the Park and Ride issue and the
Council was opposed to it. Almost sixty days ago the City objected to it.
The Planner said that last week we received a letter from Metropolitan Council that a
hearing would be established for review of those protested items. This year five cities
objected to the System Statement and nobody has ever requested a hearing in the past.
The hearing is scheduled for Friday, December 30, 2005. The clock runs out on the 60
days on December 31, 2005. December 23 we have to have specified proposed
amendments to the System Statement submitted to the Metropolitan Council. December
27, next Tuesday, we have to have the complete description, pre-hearing memorandum
submitted. We have to have it all in on Thursday of this week because of the holiday.
The Planner asked if Metropolitan Council could hold off and wait until the
Comprehensive Plan was done. They cannot. Therefore the protest is necessary and
timely, The Planner explained the nuances of the three items in contention.
The City Attorney has not yet reviewed all of the material. The letter from Metropolitan
Council appears rather formal and the Planner thinks the hearing will be formal. The
City Attorney said he would attend the hearing with the Planner.
The Mayor said he is supportive of the spirit and specifics as drafted by the Planner. The
Planner asked for direction. The Mayor said it is in good hands, and it looks like the
direction the Council wishes to go. Councilmember Johnson said she thinks the Planner
and Attorney can manage it. Councilmember DeLapp said what was drafted is more than
could be expected given all the time constraints. He said it should be noted that the City
Council is submitting this and they have had zero time to review it, and this is not fair.
Councilmember DeLapp said our Planning Commission did not even get to see it.
The City Attorney recommended a motion or a resolution of concerns.
M/S/P,Johnston/DeLapp, To draft and adopt a resolution of concerns, particularly noting
the timing of the hearing, the time of year, inadequate time to review, and supportive of
the position reflected in the letter written by the City Planner. VOTE: 4:0.
The Planner reminded the Council that they postponed the Comprehensive Plan Amendment
scheduled for tonight. Packets are available tonight for extensive review prior to their next
meeting.
12. City Council Reports
Mayor Johnston thanked the council and staff for their dedication throughout the year.
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Councilmember Johnson wished everyone a happy holiday season and happy new year.
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Adjourned at 9:39 p.m.
Respectfully submitted,
Mmberly Sch f I
Recording Secretary
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