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HomeMy WebLinkAbout06-07-2005 CCMLAKE ELMO CITY COUNCIL MINUTES June 7, 2005 1 MINUTES APPROVED: June 21, 2005 LAKE ELMO CITY COUNCIL MINUTES JUNE 7, 2005 1. AGENDA 2. MINUTES: May 17, 2005 (Postponed) 3. PUBLIC INQUIRIES/INFORMATONAL: A. Public Inquiries B. Public Informational: (1) Fire Department:20 Years of Service Ring Presentation (2) Introduction of New Firefighters 4. CONSENT AGENDA: A. Resolution No. 2005-051: Approving Claims B. Reimbursement Resolution No. 2005-052 C. New Telephone System D. Planning Commission Appointment E. Community Improvement Commission Appointment 5. FINANCE: A. Revenue Bond Schedule B. 2006 Budget Schedule 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: 8. CITY ENGINEER’S REPORT: A. Resolution No. 2005-053: Award Contract for Phase II Water System Interconnect B. Presentation of Public Works Garage and Water Tower on Proposed Site:Terri Olsen 9. PLANNING, LAND USE & ZONING: A. Extended Contractor Working Hours – Tapestry Project B. Visible Roofing Material – Commercial Building, Ordinance No. 97-158 LB and Ordinance No. 97-159 GB (NOT ADOPTED) 10. CITY ATTORNEY’S REPORT: A. Development Moratorium:Ordinance 97-158 11. CITY ADMINISTRATOR’S REPORT: A. Donation of 3M Company Property:Resolution No. 2005-054 B. Met Council Comments 12. 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, DeLapp, City Engineer Prew, City Attorney Filla, Fire Chief Malmquist, City Planner Dillerud, Finance Director Tom Bouthilet and Administrator Rafferty. LAKE ELMO CITY COUNCIL MINUTES June 7, 2005 2 1. AGENDA ADD: 8(2) Amend Water Interconnect Authorization,11A. Resolution to accept donation from 3M Company and execute donation agreement, 11B. Report from Met Council on Comp Plan, 12. Council Member DeLapp-Workshops for summer 8(2) Amend water interconnect authorization, City Council Reports, DeLapp -workshops for summer. M/S/P Johnson/Smith - to approve the June 7, 2005 City Council Agenda, as amended. (Motion passed 5-0). 2. MINUTES: May 17, 2005 (Postponed) 3. PUBLIC INQUIRIES/INFORMATONAL: A. Public Inquiries - NONE B. Public Informational: (1) Fire Department:20 Years of Service Ring Presentation On behalf of a grateful community, Mayor Johnston handed out 20 Years of service rings to the following firefighters: Greg Malmquist (20.5 years), John Eder (20.5 years), Jim Sachs (25 years), Dick Sachs (29.5 years). (2)Introduction of New Firefighters Fire Chief Malmquist introduced the four new recruits on the Fire Department – Richard Myran, Marie Duffert, Maurice “Mo” Butler and Ty Jacobson. 4. CONSENT AGENDA: A. Resolution No. 2005-051: Approving Claims M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-051 approving claim numbers 260, 261, 262, DD431 through DD440, 27373 through 27365 which were used for staff payroll dated May 26, 2005; claims 27386 through 27448 in the total amount of $138,695.23. (Motion passed 5-0). B. Reimbursement Resolution No. 2005-052 The Finance Director reported in order for the City to reimburse the General Fund from tax-exempt bond issued, the City is required to adopt a resolution authorizing the repayment of funds. A draft resolution granting reimbursement to the General Fund for Capital expenditures from bonds issued by the City was provided to the Council. M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-052 granting the City to repay expenditures made out of the General Fund from Bond Proceeds. (Motion passed 5-0). C. New Telephone System The Finance Director reported that the City signed a new agreement for phone service which allowed for the installation of a T-1 line at a rate less than what the City had been paying for analog lines. The new T-1 line provides an additional six voice lines to our existing five lines. In order to accommodate the additional lines and upgrade the current LAKE ELMO CITY COUNCIL MINUTES June 7, 2005 3 phone system, the City has been negotiating with several telephone vendors. Staff recommends purchasing 3 Com telephone equipment from VATACOM at a price not to exceed $13,540. The replacement of the phone equipment has been scheduled on the CIP for this year in the amount of $15,000. M/S/P DeLapp/Johnson - to approve the purchase of 3 Com telephone equipment from VATACOM at a price not to exceed $13,540. (Motion passed 5-0). D. Planning Commission Appointment On May 17, the Council appointed Bob Van Zandt as 2nd Alternate Member of the Planning Commission. Staff recommended Commissioner Deborah Lyzenga be appointed as Full Voting Member for a three –year term to fill the vacancy created by Rodney Sessing and Julie Fliflet as appointed First Alternate Member of the Planning Commission. M/S/P DeLapp/Johnson - to appoint Deborah Lyzenga as Full Voting Member of the Planning Commission for a three-year term. (Motion passed 5-0). M/S/P DeLapp/Johnson - to appoint Julie Fliflet as First Alternate Member of the Planning Commission. (Motion passed 5-0). E. Community Improvement Commission Appointment Commissioner Robert Van Zandt has resigned from the Community Improvement Commission in order to devote his time to the Planning Commission. The CIC now has one vacancy. The City has received an application from Nicole Park. There are no other applications on file. M/S/P DeLapp/Johnson - to appoint Nicole Park to a three-year term on the Community Improvement Commission. (Motion passed 5-0). 5. FINANCE: A. Revenue Bond Schedule The Finance Director explained the City is in the early stages of a major water expansion project. As part of this project, the City will need to address the financing issues related to infrastructure costs. One source of funding is to issue tax-exempt bonds. The Council received the General Obligation Revenue Bond Series 2005A Proposed Schedule of Events. The schedule outlines the sequence of events, time frames and individual responsibilities. M/S/P Smith/Johnson - to approve to proceed with the Water Revenue Bonds Proposed Schedule of Events. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES June 7, 2005 4 B. 2006 Budget Schedule The Finance Director provided the Council with a 2006 Budget Calendar. 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: 8. CITY ENGINEER’S REPORT: A. (1)Resolution No. 2005-053: Award Contract for Phase II Water System Interconnect In his memo dated May 23, 2005, the City Engineer reported bids were received on May 20, 2005 for the Water System Interconnect – Phase II projects. The engineer recommended that the Council award the contract to the lowest bidder, G.M. Contracting, Inc. for their base bid of $359,049.86. The City Administrator reported, in a good corporate spirit with 3M, 3M will be donating 8.3 acres for a water tower and public works facility. M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-053 awarding the bid to G.M. Contracting, Inc. in the amount of $359,049.86 for the Water System Interconnect – Phase II. (Motion passed 5-0). (2) Amend Water Interconnection - Authorization The City Engineer asked for authorization to amend current study to expand the water system to the new location of the water tower site. M/S/P Smith/Conlin - to amend the water system study to evaluate extending the water system out to the 3M site on Ideal Avenue and Highway 5. (Motion passed 5-0) B. Presentation of Public Works Garage and Water Tower on Proposed Site:Terri Olsen Terri Olsen, TKDA architect, gave a presentation regarding the new water tower and public works facility. Council members discussed the landscape architecture of the site including the trees to accompany the water tower’s boundaries. The Planner said there are conifers proposed along Highway 5 and once they grow the facility will disappear. The approval of this item will be on the June 21st Council agenda. 9. PLANNING, LAND USE & ZONING: A. Extended Contractor Working Hours – Tapestry Project In the letter dated May 20, 2005, St. Croix Farms, LLC (developers of Tapestry), have requested extended working hours on the Tapestry project. No specific times were mentioned, nor did they suggest the scale of the economic loss that would result from not gaining approval of the extended hours. LAKE ELMO CITY COUNCIL MINUTES June 7, 2005 5 Pat Block, Construction manager, explained they had to suspend work pending PCA permit approval for the sewer system because the PCA has a slow permitting process. They had applied for an MPCA permit in October, and the MPCA will be mailing the permit on June 7th. Chapter 1370 of the City code specifies that construction equipment may only be operated in the City between 7:00 a.m. and 6:00 p.m., weekdays—except holidays. The Code does provide that the Council may issue a special permit to extend those operating hours to 9:30 p.m. on weekdays and/or between 1:00 p.m. and 5:00 p.m. on Saturdays, Sundays, and holidays. The Code refers to a Council determination of “substantial economic loss” as the basis for approving a special permit to extend working hours. There are no parameters provided for defining “substantial”. M/S/P Johnston/Smith - to authorize 7 a.m. to 8:30 p.m., Monday through Friday, and Saturdays, from 1 p.m. to 5 p.m., no Sundays for a two week period with the intent that Mr. Youngdahl, the developer, provide financial information to substantiate substantial economic loss as the basis for approving a special permit to extend working hours for the June 21 council meeting. (Motion passed 4-1:Conlin would like to eliminate Fridays because of graduations, etc.) The Planner and City Engineer will review financial submittals. B. Visible Roofing Material – Commercial Building, Ordinance No. 97-158 LB and Ordinance No. 97-159 GB – NOT ADOPTED The City Planner reported the Planning Commission reviewed a staff memo regarding present zoning standard for visible roofing materials in the commercial zoning districts and conducted a Public Hearing to consider modification to those standards based on the staff memo and recent actions of the City with those standards on specific projects. The Commission adopted a recommendation to amend certain commercial zoning district performance standards to include “commercial grade” asphalt shingles as allowable visible roofing in materials in areas north of 10th Street North. The Planner said the basic rationale for the geographic differentiation with the visible roofing standard relates to the more “residential” character surrounding those commercial zoning districts north of 10th Street (primarily the Old Village). The Commission believed that an asphalt style roof would better blend with the residential roofs in those areas. The City Planner provided two ordinance amendments covering the Limited Business and General Business zones for Council consideration. M/S/F DeLapp/Johnston – to adopt Ordinance No. 97-158 (Limited Business) and 97-159 (General Business) to amend the City Code to allow commercial grade asphalt roofing materials on visible roofs north of 10th Street. (Motion failed 3-2Conlin and Johnson voiced their concern that the amendment is only for North of 10th St. and would have liked to see the ordinance address all the LB and GB parcels in the city). LAKE ELMO CITY COUNCIL MINUTES June 7, 2005 6 10. CITY ATTORNEY’S REPORT: A. Development Moratorium Attorney Filla explained that after final approval of an amended Comprehensive Plan, it will be necessary for the City to draft, review at public hearings and adopt official control to implement the policies of a newly approved Comprehensive Plan before development occurs. This development moratorium will exclude United Properties, Eagle Point Business Park. M/S/P DeLapp/Johnson – to adopt Ordinance No. 97-158, An Ordinance Relating to the Adoption of a Development Moratorium effective for twelve months, as amended (9.0 Whereas, the City anticipates that the area of the City located west of Manning Avenue; east of County Road 13; north of Interstate 94; and south of 10th Street, except that part thereof included within the Eagle Point Business Park, which is already served by public sanitary sewer and is subject to the development restrictions contained in a planned unit development permit (I-94 Corridor Area) will experience intense development pressure as sanitary sewer becomes available to serve the area.) (Motion passed 5-0). 11. CITY ADMINISTRATOR’S REPORT: A. Donation of 3M Property The City Administrator explained this is a resolution accepting a real estate donation of 8.3 acres from the 3M Company. There will be a public hearing held by the Planning Commission for a Conditional Use Permit for a Public Works Facility and Water Tower on this donated parcel. M/S/P Smith/Conlin – to adopt Resolution No. 2005-054, A Resolution Accepting Real Estate Donation from the 3M Company. (Motion passed 5-0). Attorney Filla suggested placing the deed in escrow because the City may want to do an environmental background check. Attorney Filla provided a copy of the donation agreement with the 3M Company for the property located on the southwest corner on the north site of Highway 5 and along Ideal Avenue. Filla pointed out the covenants contained in the agreement. The Council authorized the Mayor to sign the Donation Agreement. B. Met Council Comments The City Administrator and City Planner discussed the review of the draft comprehensive plan document submitted in the letter by Blair Tremere, Met Council staff member. Administrator Rafferty suggested a meeting with the Met Council staff to ask for clarifications of the recent comments of the Met Council staff, which seem to be inconsistent with the Memorandum of Understanding. M/S/ Johnson/Smith - that the Clarification Committee consisting of the City Planner, City Administrator, Mayor Johnston to discuss the review of the Draft Comprehensive Plan document submitted in the letter by Blair Tremere. The Clarification committee has no authority to negotiate with the Met Council staff members. All information will come back to the City Council. LAKE ELMO CITY COUNCIL MINUTES June 7, 2005 7 Council member Smith asked if she could attend this clarification meeting. Council member Conlin supported Smith’s attendance because Smith has been a proponent of 2.91 ppdu. M/S/P Smith/Conlin - to amend the motion to approve Anne Smith to be a party of the clarification committee to meet with the Met Council representatives. (Motion passed 3- 2:Johnson, Johnston said this was the best possible agreement under certain circumstances and would like to see the same team go back for clarification.) M/S/P Johnson/Smith - that the Clarification Committee consisting of the City Planner, City Administrator, Mayor Johnston and Council member Smith will discuss the review of the City’s Draft Comprehensive Plan submitted in the letter by Blair Tremere. The Clarification committee has no authority to negotiate with the Met Council staff members. All information will come back to the entire City Council. (Motion passed 5-0). 12. CITY COUNCIL REPORTS: Council member DeLapp asked for Council consideration in consolidating workshops for the summer. Council member Johnson said she would rather have shorter meetings and more meetings because there are many issues the Council needs to discuss. Council member Johnson stated she attended the Lake Elmo Regional Park open house. Council member Smith welcomed Nicole Park to the Community Improvement Commission. Council adjourned the meeting at 9:20 p.m. -------------------- Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2005-051 Approve Claims Resolution No. 2005-052 Reimbursement to the General Fund for Capital Expenditures from Bonds Issued by the City Resolution No. 2005-053 Award bid to G.M. Contracting Inc. for Water System Interconnect – Phase II Resolution No. 2005-054 Accept Real Estate Donation from the 3M Company Ordinance No. 97-158 Adoption of Development Moratorium I-94 Corridor for 12 months.