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LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2005 1
MINUTES APPROVED: MAY 3, 2005
LAKE ELMO CITY COUNCIL MINUTES
APRIL 19, 2005
1. AGENDA
2. MINUTES: April 5, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Informational: Citizen Award by Commander Tuthill
B. Jim Kelly, Dept. of Health, Tablyn Park Area Water. Update of proposed public meeting.
C. Lakewood Evangelical Free Church
4. CONSENT AGENDA:
A.(1) Resolution No. 2005-040 – Approving Claims
(2) Resolution No. 2005-041 – Approving Claims B. Clean Up Day Rates
C. Plow Truck Purchase
5. FINANCE:
A. Monthly Operating Report
6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Department Activities:Jim McNamara
B. Accept Fire Study Report:Chief Malmquist
8. CITY ENGINEER’S REPORT:
A. Approved Stop Sign at the Intersection of Highlands Trail and Hilltop Avenue B. Update on Water Tower Sites
C. Phase II Watermain: Authorize for bids, Resolution No. 2005-042
9. PLANNING, LAND USE & ZONNG:
A. Preliminary Plat, Comprehensive Plan Amendment Rezoning, Conditional Use
Permit and OP Concept Plan – Deer Glen, Lakewood Evangelical Free Church (Continuation)
B. Resolution No. 2005-043 Approving Placement of a garage structure in front
of the primary structure:Gleason, 8211 Lake Jane Trail
C. Zoning Ordinance Test Amendments – Fence Regulation/Standards, Ordinance
No. 97-155 D. Comprehensive Plan Amendments – Planning Commission Recommendations
E. Comprehensive Plan – Consulting Services
10. CITY ATTORNEY’S REPORT:
11. CITY ADMINISTRATOR’S REPORT:
A. Parks Commission Update 12. CITY COUNCIL REPORTS:
A. Mayor Johnston:
(1) Proposal by Jim Briemeyer:Objectives for City Administrator
(2) Ground rules for Public Meetings
LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2005 2
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Conlin, Johnston, Johnson, DeLapp, City Engineer Prew, City
Attorney Filla, Building Official Jim McNamara, City Planner Dillerud, Finance Director
Tom Bouthilet and Administrator Rafferty. ABSENT: Council member Smith
1. AGENDA ADD: 11A. Update on Parks Commission
M/SP Johnson/DeLapp - to approve the April 19, 2005 City Council Agenda, as
amended. (Motion passed 4-0).
2. MINUTES: April 5, 2005
M/S/P Johnson/Conlin - to approve the April 5, 2005 City Council minutes, as amended.
(Motion passed 3-0-1Abstain:DeLapp).
3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Informational: Citizen Award by Commander Tuthill
Sheriff Steve Pott presented Vernon Shakleton, an Afton resident, the Life Saving Award
and Medal of Valor, one of only three awards given out by the Sheriff’s Office in 10
years. Mr. Shakleton saved two people from a flame-engulfed car last September on Manning Avenue in Lake Elmo.
Susan Kane, 4372 Little Bluestem Trail, introduced her daughter, Hanna, who is
developmentally delayed and asked the Council to take into consideration, while they are
working on the City’s Comprehensive Plan, housing for the developmentally delayed. B. Jim Kelly, Dept. of Health, Tablyn Park Area Water. Update of proposed
public meeting.
Jim Kelly, MN Dept. of Health, will hold a Community Open House at the Lake Elmo Elementary School on Tuesday, April 26, 5-9 p.m. to provide public information on the
Tablyn Park Area Water and to answer questions.
C. Lakewood Evangelical Free Church
Kirby Spike, Lake Elmo resident and Chairman of the Leadership Board at Lakewood
Church read a statement that is made part of these minutes.
Since there was not a full Council in attendance, Chuck Palmer, Lakewood Evangelical
Free Church, asked for an extension of its agenda item to April 28th, 6 p.m, based on the availability of their attorney.
M/S/P Johnson/Conlin - to delay consideration of the Lakewood Evangelical Free Church
applications until a special meeting of the Council on April 28th, 6 p.m., if the applicant’s
attorney is available or May 3rd Council meeting. (Motion 4-0).
LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2005 3
Attorney Filla noted by the City saying nothing, the City doesn’t agree with everything
Mr. Spike is stating. Filla said he would be glad to sit down to discus items with their
attorney.
M/S/P DeLapp/Johnson – to approve the city attorney meeting with the applicant’s
attorney to come up with a mutual agreement. (Motion passed 4-0).
Mr. Palmer said the church location and size is non-negotiable, but would be willing to
discuss OP development, the 40 acres undesignated, and how the OP might layout. Council member Conlin stated that the council has directed staff to look at PF zoning in
the City and where it is appropriate.
4. CONSENT AGENDA:
A.(1) Resolution No. 2005-040 – Approving Claims M/S/P Conlin/Johnston - to adopt Resolution No. 2005-040, approving claim numbers
253, 254, DD396 through DD408, 27153 through 27184 which were used for staff
payroll dated April 14, 2005, claims 27185 through 27229 in the total amount of
$85,828.67. (Motion passed 4-0).
(2) Resolution No. 2005-041 – Approving Claims
M/S/P Conlin/Johnston - to adopt Resolution No. 2005-041, approving claim number
27230, in the total amount of $360.00. (Motion passed 3-0-1:Abstain:Johnson).
B. Clean Up Day Rates The 2005 Annual Lake Elmo Spring Clean-Up Day is set for Saturday may 21st, 8 a.m. to
Noon at the Washington County Fairgrounds. The Finance Director provided a proposed
rate schedule. He explained that the rates charged to our residents are designed to offset
the cost of disposal. The City does not profit from the rate charged. This event is a
service provided to the community and will discourage illegal dumping on the roadways.
M/S/P Conlin/Johnston - to approve the 2005 Clean-Up Day Rates as proposed by the
Finance Director. (Motion passed 4-0).
C. Plow Truck Purchase The Finance Director reported the 2005 Capital Improvement Plan (CIP) has scheduled
the 1986 Snow/Dump Truck for replacement. The City’s Fixed Asset Management
Program (FAMP) guidelines suggest trucks in this category be replaced in the 8-10 year
range. The Maintenance Advisory Committee has reviewed the specifications for the
new truck and approved this request. Due to the low trade-in cost for the 1986 truck, the MAC recommended the City sell the vehicle on the open market through the bidding
process with a $10,000 minimum. If the minimum bid amount is not received,
consideration should be given to keeping the truck as a back-up for light use/sanding.
The City has received a quote through the State Cooperative Purchase Venture Program in the amount of $120,054 for the truck and plow. Not included in the above quote was
vehicle registration, decals and radio installation. The estimate for additional expenses is
LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2005 4
approximately $4,218.05. All other items included in quote. Total cost for the truck
replacement should be no more than $124,272.05. The CIP has set aside $130,000 for
this acquisition.
M/S/P Conlin/Johnston - to approve the purchase of a 2005 Fund Plow/Dump Truck not
to exceed $124,272.05. (Motion passed 4-0).
5. FINANCE:
A. Monthly Operating Report The Finance Director reported the electric utility account may be in the future an
amendment to the budget. Council member DeLapp said the installation of lights
addressed for benefit of residents will be completed by the end of the year.
6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Department Activities:Jim McNamara
The Building Official reported there were one new residential building permit and two
commercial building permits issued for March, 2005 and attended an informational
meeting on radon at the University of MN. He advised that the municipal code states small farm animals should not be kept on small lots. The Council responded they will talk about this after the Comprehensive Plan has been completed.
B. Accept Fire Study Report:Chief Malmquist
Fire Chief Malmquist gave a summary of the Fire Protection Needs Study report completed by DSU Research and asked the Council to accept this report. Administrator Rafferty pointed out this fire study report is a professional study conducted that will
guide us into the future.
M/S/P Conlin/DeLapp – to accept and file the fire study report, March 2005 by DSU Research, Fire Protection Needs Study. (Motion passed 4-0.) 8. CITY ENGINEER’S REPORT:
A. Approved Stop Sign at the Intersection of Highlands Trail and Hilltop Avenue
The City received a request from Michael Maas to reconsider the new stop sign at Hilltop Avenue and Highlands Trail. The City Engineer and Public Works Supervisor
recommended that a stop sign be installed on the westbound leg of this “T” intersection.
This was based on the lack of sight distance at the intersection and the increase in traffic
that has occurred.
The City Engineer explained that although the resident presents arguments against this
stop sign and looks at other method of traffic control, he still believes this is the best
location for a stop sign. The City Engineer recommended the City not make any traffic
control changes to this intersection at this time. The City is scheduled to overlay Hilltop
Avenue in 2005 and will look at traffic calming methods as part of that project. The consensus of the Council concurred with the City Engineer’s recommendation that this is
the best location for the stop sign at Hilltop Avenue and Highland Trail.
LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2005 5
B. Update on Water Tower Sites
In his memo dated April 14, 2005, the City Engineer reported on the estimated costs and
revised water tower locations. Other sites considered for the water tower include two
locations near the public works building and one on the 3M property.
Administrator Rafferty indicated he would hear in three weeks whether or not the 3M
site could potentially be available to us.
An informational meeting for the residents will be held by the Council on the selected site before a decision is made by the Council.
C. Phase II Watermain: Authorize for bids, Resolution No. 2005-042
In his letter dated April 14, 2005, the City Engineer reported plans and specifications are
completed on the second phase of the Water Systems Interconnect Project. This phase of the project installs 16-inch water main from the intersection of Tapestry Drive and 45th
Street to the existing Public Works building. This project will allow the City to
disconnect from the City of Oakdale’s water system in the Lake Jane area.
The City Engineer recommended approval of the plans and authorizing the advertisement for bids.
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-042, A Resolution Approving
Plans and Specifications and Ordering Advertisement for bids for the Water Systems
Interconnect Phase II Project. (Motion passed 4-0).
Tom Prew will be contacting the people and let them know what the connection fee
would be.
9. PLANNING, LAND USE & ZONNG: A. Preliminary Plat, Comprehensive Plan Amendment Rezoning, Conditional Use
Permit and OP Concept Plan – Deer Glen, Lakewood Evangelical Free Church
(Continuation) – See Agenda Item 3C.
The Council tabled these applications on April 5 to enable the City Attorney time to review a 12-page letter that has been presented to the City by the applicant’s attorney late
afternoon of April 5, (the day of the Council meeting). The applicant went on record
agreeing to extend the City’s review period to April 19, and the Council tabled the
application pending a report from the City Attorney regarding the applicant’s letter of
April 5.
B. Resolution No. 2005-043 Approving Placement of a Garage Structure In Front of
the Primary Structure:Gleason, 8211 Lake Jane Trail
Harvey Gleason, 8211 Lake Jane Trail, is requesting Council approval to allow relocation of an existing 24’ x 26’ accessory structure from one side of the lot to the other. The
accessory structure (formerly the only garage on the site) is now located close to the
LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2005 6
street than the house, and would continue to be in front of the house in the proposed
location. The City Code prohibits detached garages or accessory buildings located nearer
the front lot line than the principal building. The Council may waive this provision by
adoption of a Resolution.
The City Planner explained that the proposed garage location will be no more intrusive
than the present location. It also appears that the garage in the proposed location will
comply with R-1 structure set back standards. The applicant does not propose driveway
access to the accessory structure at the proposed location.
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-043 approving relocation of a 24’
x 26’ accessory structure, per plans staff dated April 14, 2005, Harvey Gleason, 8211
Lake Jane Trail. (Motion passed 4-0).
C. Zoning Ordinance Test Amendments – Fence Regulation/Standards, Ordinance
No. 97-155
The City Planner reported the Planning Commission held a public hearing at its April 11,
2005 meeting and adopted a motion to transmit certain amendments to the fence regulation/standards of the Zoning Ordinance to the City Council without a recommendation. Those amendments had been initiated by the Finance, Legal, and
Legislative Council Committee.
The proposed amendment address fences as screening, both adding standards to the traditional screening fence provisions, and introducing the new concept of “Extended Living Area” fencing. The Council amended the Fence Ordinance 97-155 as follows: 1.
The area enclosed by outdoor extended living area fencing shall not exceed an enclosed
area of 500 square feet.; and 2. Fence utilized to enclose an outdoor extended living area
shall be extended to a point not more than 6 inches from the principal structure at one fence termination point.
M/S/P Johnson/DeLapp - to adopt Ordinance No. 97-155, as amended 4-19-05, amending
the text of the Zoning Ordinance regarding regulations and standards for fencing.
(Motion passed 4-0). D. Comprehensive Plan Amendments – Planning Commission Recommendations
The City Planner reported the Planning Commission conducted a public hearing
regarding amendment to the Comprehensive Plan responsive to the City/METC Memorandum of Agreement (MOA). The hearing addressed the Planning Policy, Land Use Text, Land Use Plan, and Development Staging elements of the required
Comprehensive Plan amendments.
The drafts of the Plan elements now completed (including the April 11 revision) were, on April 11, recommended to the City Council for adoption on a Planning Commission vote of 9-0.
LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2005 7
M/S/P Johnson/DeLapp – to accept the Comprehensive Plan Amendments now
completed and to file the Planning Commission’s Recommendations. (Motion passed 4-
0).
E. Comprehensive Plan – Consulting Services
The City Planner reported TKDA had presented a proposal and cost estimate for
providing anticipated consulting services related to the Comprehensive Plan
modifications required per the Memo of Understanding with the Metropolitan Council. The proposal/estimate is broken down as follows:
1. Transportation/Traffic $29,052
2. Water System Plan 9,100
3. Sanitary Sewer System Plan 5,000 4. Graphics/Land Use Plan 28,000
$71,152
M/S/P Johnson/Conlin – to approve the Authorization for Professional Services with
TKDA dated March 18, 2005 for the Comprehensive Plan update in an amount not to
exceed $70,000. Funding shall be: $10,000 from the 2005 General Fund Budget (Planning & Zoning); and up to $60,000 from the 2005 General Fund Surplus. (Motion
passed 4-0).
10. CITY ATTORNEY’S REPORT:
11. CITY ADMINISTRATOR’S REPORT: A. Parks Commission Update:
Administrator Rafferty reported the Parks Commission decided what type
of amenities and activities the Commission would like for the future. They picked
several parks and the Commission will be coming back with a final report sometime in 2005. The City will not be looking at any parks for future public facilities.
Council member DeLapp recommended the Parks Commission be given a copy of the
MN Land Trust easement for Ridge Park.
12. CITY COUNCIL REPORTS:
A. Mayor Johnston:
(1) Proposal by Jim Briemeyer:Objectives for City Administrator
At the April 12th Council Committee, the members reviewed the Briemeyer proposal at a cost of approximately $750 plus up to $200 in expenses. The Council will proceed with
this item after the Comprehensive plan has been completed.
M/S/P Johnson/ DeLapp – to accept the proposal by Jim Briemeyer for consulting at a fee
of $750 and up to $200 in expenses. (Motion passed 4-0). Council member Conlin asked that Mr. Briemeyer provide all the materials at no additional cost so the City could own
them for the future.
LAKE ELMO CITY COUNCIL MINUTES APRIL 19, 2005 8
(2) Ground rules for Public Meetings
Mayor Johnston provided ground rules that will be attached to the Request to Appear in
front of the City Council or Planning Commission meetings. The Council asked that in #3 that “no personal attacks, no innuendoes” be deleted.
Council member DeLapp added that constructive comments are welcome.
Council member Johnson congratulated Lake Elmo resident, Sheriff Steve Pott on his new appointment as Washington County Sheriff.
Adjourned meeting at 8:45 p.m.
--------------------
Respectfully Submitted by Sharon Lumby, City Clerk
Resolution No. 2005-040 Claims
Resolution No. 2005-041 Claims
Resolution No. 2005-042 Phase II Watermain:Authorize for Bids
Resolution No. 2005-043 Approve Placement of a garage structure,Gleason 8211 Lake Jane Trail
Ordinance No. 97-155 Fence Regulations/Standards