HomeMy WebLinkAbout02-15-2005 CCMLAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 1
MINUTES APPROVED: March 1, 2005
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 15, 2005
1. AGENDA 2. MINUTES: February 1, 2005 3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Susan Kane – Housing for Disabled
4. CONSENT AGENDA:
A. Resolution No. 2005-016 and Resolution No. 2005-017: Approve Claims B. Lease Agreement with Washington County Fairgrounds for Clean Up Day C. Escrow Reduction Prairie Ridge Office Park
5. FINANCE:
A. Monthly Operating Report
6. OLD BUSINESS: (Moved to Item 11) A. Planning Commission (1) Vacancies
(2) 60-day Appointments
B. Fire Study Status
C. Library Tax 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dept.
8. CITY ENGIEER’S REPORT:
A. Approve Design for Water Tower
B. Public Works Building 9. PLANNING, LAND USE & ZONING: A. Letter of Credit – Fields II and Little Bluestem
B. Resolution 2005-018, Met Council Draft Water Resources Plan
C. Street Naming Ordinance
D. Resolution Nos. 2005-012, 013, 014:Preliminary/Final Plan, Section 520 Site Plan and PUD Amendment – City, County Credit Union, Eagle Point E. Contract Planning Services – Comp Plan Modifications
10. CITY ATTORNEY’S REPORT:
11. CITY ADMINISTRATOR’S REPORT:
A. Ordinance No. 97-147:Planning Commission Composition B. Ordinance No. 97-148:Parks Commission Composition C. Council Committee Appointments – Council member Conlin
12. CITY COUNCIL REPORTS:
A. Council Input on Comprehensive Plan
13. ADJOURN Council Meeting 14. Finance, Legal, Legislative, Personnel Council Workshop (a) Council input to the Planning Commission on the
Comprehensive Pan
(b) Guidelines for Council Meetings (Postponed to Council
Committee Meeting (c) Discussion with Developers (Postponed to Council Committee Meeting
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 2
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, Maintenance Supervisor Mike Bouthilet, City Planner Dillerud,
Finance Director Tom Bouthilet and Administrator Rafferty. 1. AGENDA ADD: Discussion with developers, 8B. Public Works Building, 9F. Calendar for
Planning Commission meetings on the Comprehensive Plan, Library Tax
Move 11B, M/S/P Johnson/Smith - to approve the February 15, 2005 City Council agenda, as
amended. (Motion passed 5-0).
2. MINUTES: February 1, 2005
M/S/P Johnson/Smith - to approve the February 1, 2005 City Council Minutes, as amended. (Motion passed 5-0). 3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Susan Kane – Housing for Disabled
Lake Elmo residents, Susan and Dennis Kane, explained they are parents of a child with special needs and wished to call the Council’s attention to the lack of homes for adults with special needs or developmental disorders in Lake Elmo. Ms. Kane stated this is the
Council’s opportunity as they work on the Comprehensive Plan to make possible such
housing in the Old Village that would meet their children’s needs. She noted as children
with developmental delays grow into adults, parents would like to have them live in the community they have grown up in. 4. CONSENT AGENDA:
A. Resolution No. 2005-016 and Resolution No. 2005-017: Approve
Claims
M/S/P Johnson/Conlin - to adopt Resolution No. 2005-016 approving claim numbers
240, 241, DD339 through DD349, 26863 through 26869 that were used for staff payroll
dated February 3, 2005, claim numbers 242, 26871 through 26922, in the total amount of
$133,330.43. (Motion passed 5-0).
M/S/P DeLapp/Smith – to adopt Resolution No. 2005-017 approving claim number
26870 in the total amount of $180.00. (Motion passed 4-0-1:Abstain:Johnson recluse
herself from the vote because she had a personal interest in Johnson Construction.).
B. Lease Agreement with Washington County Fairgrounds for Clean Up
Day
Clean Up Day is scheduled for Saturday, May 21, 8 a.m. until Noon, at the Washington
County Fairgrounds. Staff requested approval of the lease agreement with the Washington County Ag Society in the rent amount of $103 and a $50 damage deposit.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 3
M/S/P Johnson/Conlin – to authorize the Mayor to sign the Lease Agreement with
Washington County Ag Society for use of the Washington County Fairgrounds for Clean
Up Day and approve the rental fee of $153.00. (Motion passed 5-0.)
C. Escrow Reduction Prairie Ridge Office Park
The City Engineer recommended a reduction in the escrow placed with the City for
grading and landscaping improvements at the Prairie Ridge Office Park. The engineer
certified reduction of the Letter of Credit from $190,000 to $20,000 to cover the landscaping improvements that remain to be completed. The City Planner advised that
the Letter of Credit expires on April 30, 2005 and should be extended to at least October,
2006 to cover two full growing seasons on the landscaping yet to be installed on the site.
Council member DeLapp pointed out that lighting has been an issue. Planner Dillerud reported he wrote a letter to the developer asking him to get the lights turned off at an
earlier hour and to take care of the two lights at each exits points. The planner has not
seen a response to that letter.
M/S/P DeLapp/Johnson – to approve reduction of the Site Plan escrow for the Prairie Ridge Office Park (Bremer Bank Letter of Credit #S120010221) from $190,000 to
$25,000 until the lighting issue is corrected and on the condition that said Letter of Credit
be renewed to a date no earlier than October 31, 2006. (Motion passed 5-0).
5. FINANCE: A. Monthly Operating Report - Informational
6. OLD BUSINESS: (Item moved to 11)
A. Planning Commission
(1)Vacancies (2)60-day Appointments
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Dept.
The Summary Building Report provided for January, 2005 reported one new residential
building permit issued and no new commercial building permits. Council member
DeLapp commented that the building permit detail summary provided each month does
not state where the permit is located. He would prefer being alerted on areas of septic
problems, etc. This will be a topic for a Public Safety Council Committee Meeting.
The City Planner reported code enforcement began semi-monthly meetings to review
complaints, and they have picked out four complaints to follow through legally. Attorney
Filla is preparing an update for the next council committee meeting. A systematic code
enforcement program for 2006 budget should be considered because there will be a cost involved and probably not covered by penalties.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 4
8. CITY ENGINEER’S REPORT: A. Approve Design for Water Tower
The City Council agreed to place a new water storage tank in Sunfish Lake Park. The two questions needed to be addressed was what will be the design of the tower and exactly where it will be sited in the park.
A few residents, whose properties abut the park area, expressed concern that the water
tank would be an eyesore within the park and have potential impact on their property values. The cost to move it as far west as possible would cost the city $30,000-$40,000. This water tower would serve not only the new Tapestry development, but also serves
future neighborhoods.
M/S/P DeLapp/Johnson - to advise the property owners, located one half mile radius from the location of the storage tank in Sunfish Lake Park, of an informational meeting to discuss the design of the tower at the March 1st Council meeting. (Motion passed 5-0.)
B. Public Works Building.
Terry Olsen, TKDA architect, presented a drawing of the public works building resembling a barn and showing the pitch roof was eliminated and an updated floor plan.
Council member DeLapp asked that the barn door and the cupola be made a little larger.
The Public Works Supervisor stated he has been involved in the planning stage and
approved the design proposal. M/S/P Johnson/DeLapp - to authorize TKDA to create plans and specifications for the
Public Works building, as presented. (Motion passed 5-0.)
9. PLANNING, LAND USE & ZONING: A. Letter of Credit – Fields II and Little Bluestem
The Planner advised the Council that the City Park improvements required to be
constructed by Robert Engstrom Companies as a condition of approval for the Fields of
St. Croix II and Tana Ridge plats have not been completed as of this date. The most significant improvement incomplete is the City Park that lies between Fields II and Tana
Ridge. That park was to have been constructed by the developer per plans approved by
the Park Commission as satisfaction of the Park Dedication requirements for Fields II,
Little Bluestem and Tana Ridge. In addition, the developer-installed landscaping within
the plat remains short of that of the approved landscape plan, and there may be infrastructure “punch list” items to be completed as well.
The Planner requested direction from the Council whether the City should present a sight
draft in the full amount of Letter of Credit #1804 (on or before February 27, 2005) and
utilize the funds to complete the required improvements within the plat, or approve renewal of the Letter of Credit.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 5
The most recent Letter of Credit renewal/extension expire on February 27, 2005. The
development agreement between Robert Engstrom Companies and the City specifies that
all public infrastructure and landscape improvements within the Fields of St. Croix 2nd
Addition were to be completed by September, 2000. M/S/P Johnson/DeLapp - to notify Robert Engstrom Companies that it may renew the
subject Letter of Credit in the full amount for not more than 30 days (i.e. to March 27,
2005.) During that 30 day period Robert Engstrom Companies must present to the
Council both complete plans for project improvements that remain incomplete (primarily the park and project landscaping), and a detailed schedule for the completion of those improvements. A council decision regarding further extension of the Letter of Credit will
be based on their approval of the plans and schedule presented. Any plans/schedules
presented by the developer must be on one of the March 1st or March 15 city council
agendas. (Motion passed 5-0). If the lender does not approve a 30-day extension of Letter of Credit #1804 at the close of
business on February 25, 2005, the City will present the lender with a Sight Draft for the
full amount of the Letter of Credit.
B. Resolution 2005-018, Met Council Draft Water Resources Plan
The City Planner reported the Metropolitan Council is considering a draft of their Water
Resources Policy Plan as is required every 10 years by State Statute. The draft plan
covers Regional Policy regarding Waste Water (Sewers), Storm/Surface Water and Water
Supply. On February 8, the Public Works Council Committee reviewed the proposed City comments on the draft plan that had been prepared by staff and directed that those
comments be incorporated into a resolution for City Council consideration. A draft
Resolution was submitted for approval.
M/S/P Johnson/Smith - to adopt Resolution No. 2005-018 offering City Council comments on the Metropolitan Council Draft Water Resources Plan. (Motion passed 5-
0).
C. Street Naming Ordinance
At their February 8 meeting, the Council’s Public Health and Safety Committee directed
staff to draft Council action that would reintroduce a uniform street naming system within the City that follows the general pattern (Alphabetical west-to-east) of the 1971
Agreement, but which also allows some street naming latitude as long as the alphabetical
range is adhered to. This reintroduction of the uniform street naming system was brought
to the City’s attention by the Lake Elmo Fire Department and the Washington County
Sheriff’s Department.
M/S/P DeLapp/Smith – to adopt Ordinance No 97-149, A Uniform Street Naming And
Numbering System. (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 6
D. Resolution Nos. 2005-012, 013, 014:Preliminary/Final Plan, Section 520 Site
Plan and PUD Amendment – City, County Credit Union, Eagle Point
On February 8, the Finance, Legal Council Committee reviewed the subject package of applications with the applicant. The committee directed that this application be placed back on the Council agenda to decide if it wants to reverse the Planning Commission
recommendation regarding denial of asphalt shingle substitute.
M/S/P Johnson/DeLapp – to approve Resolution No. 2005-012, A Resolution Approving the Preliminary Plat and Final Pat of Eagle Point 4th Addition. (Motion passed 5-0).
M/S/P Johnson/Conlin – to approve Resolution No. 2005-013, A Resolution Approving
the PUD Plan Amendment for Eagle Point Business Park 4th Addition, Lot 1, Block 1 to
allow the use of asphalt shingles of a grade similar to that used on the Prairie Ridge Office Park. (Motion passed 4-1DeLapp)
M/S/P Johnson/Johnston – to adopt Resolution No. 2005-014, A Resolution Approving
the Section 520 Site Plan for City and County Credit Union. (Motion passed 3-2:DeLapp,
Smith) E. Contract Planning Services – Comp Plan Modifications
The City Planner reported the Finance, Legal, Legislative, Personnel Council Committee
recommended the City retain TKDA planning and engineering assistance as is required to
complete the 2005 Comprehensive Plan modifications. Based on the time element, the Planner believed the strategy would be expedient and in the best interests of the City rather than the alternative of going through a lengthy RFP process to secure such
assistance.
M/S/P DeLapp/Johnson - to approve the use of the planning and engineering contract services of TKDA for the 2005 modifications to the comprehensive plan, not to exceed the $9,000 in the existing planning budget as reported in the Monthly Operating Report.
The planner will bring in a new proposal if the cost exceeds the $9,000. (Motion passed
5-0).
Planning Commission Comprehensive Plan Meeting Schedule
The City Planner provided a schedule of meetings for the Planning Commission and
Council to work on the Comprehensive Plan.
M/S/P Johnson/DeLapp - that all the Planning Commission and/or City Council meetings as scheduled, or any future meetings, related to the Comprehensive Plan be televised. (Motion passed 5-0).
10. CITY ATTORNEY’S REPORT:
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 7
11. CITY ADMINISTRATOR’S REPORT: Mayor Johnston requested that the Planning Commission appointments be moved to the
Planning Commission section of the meeting following a decision regarding the
appointment process.
Council member Johnson made the following motion because she wanted to make sure
that the Council didn’t delay appointments. She said the Planning Commission has a
rigorous schedule and voiced her concern on losing the experience members.
M/S/F Johnson/DeLapp – to amend the Council agenda to address Item 6A. Planning
Commission Appointments. (Motion failed 2-3:Johnston, Smith, Conlin)
A. Ordinance No. 97-147:Planning Commission Composition
The City Administrator reported the Council asked the Finance, Legislative Council Committee to review the code relating to Planning Commission appointments, terms and limits. He recommended that the appointment process for parks or any commission
should be consistent. The committee agreed with this proposed practice change. The
final changes pertaining to the appointment process have been incorporated in Ordinance
No. 97-147. M/S/P Johnson/DeLapp – to adopt Ordinance No. 97-147, amending Section 210.03
relating to Planning Commission Composition, as amended (change term to terms).
(Motion passed 5-0.)
B. Ordinance No. 97-148:Parks Commission Composition
M/S/P Johnson/DeLapp – to adopt Ordinance No. 97-148, amending Section 225.03
relating to Parks Commission Composition, as amended (change term to terms). (Motion
passed 5-0).
C. Council Committee Appointments – Council Member Conlin
At an earlier Council meeting, the Council approved Mayor Johnston’s recommendation
for Council Committees be organized for 2005 as follows:
Finance, Human Resources, Legislative Policy, Personnel: Liz Johnson, Chair, Anne
Smith, Member
Public Health and Safety: Anne Smith: Chair, Member to be determined after filling
Council vacancy
Public Facilities: Steve DeLapp, Chair, Member to be determined after filling Council
vacancy
M/S/P Smith/DeLapp – to approve Rita Conlin as a member of the Public Health and Public Facilities Council Committees. (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 8
6. OLD BUSINESS: A. Planning Commission
(1) Vacancies
(2) 60-day Appointments The City had received the resignation from Jennifer Pelletier from the Planning
Commission. With this resignation, there are three vacancies on the Commission.
Council Member Smith indicated she talked to Ms. Pelletier, who would like an
extension of a leave of absence for six months. M/S/P Smith/DeLapp – to approve Jennifer Pelletier’s request for an extension of a leave
of absence for six months from the Planning Commission. (Motion passed 5-0).
There are six applications on file: Jule Fliflet, Gloria Knoblauch, Tom Kreimer, Deborah Lyzenga, Leroy Rossow and Mark Sandstrom. At its January 4th 2005 meeting, the
Council adopted a policy procedure for filling commission vacancies.
(2) 60-day Appointments
At its January 4th meeting, the Council appointed Todd Ptacek, Rodney Sessing, and Charlie Schneider to the Planning Commission for 60 days.
M/S/P Smith/DeLapp – to appoint Charlie Schneider to his first three year term on the
Planning Commission. (Motion passed 5-0).
M/S/P Johnson/DeLapp – to approve the 60-day extension of the Planning Commission appointments of Todd Ptacek and Rod Sessing. (Motion passed 5-0).
The City Administrator advised that it was not appropriate to reinterview, but consider
the appointments of Todd Ptacek and Rod Sessing. M/S/P Johnson/DeLapp - to advertise the Planning Commission vacancies with an
application deadline of February 25th, 4:30 p.m. and schedule interviews for March 1st
starting at 5:30 based on the number of applications. (Motion passed 5-0.)
B. Fire Study Status
Mayor Johnston asked when the Council will have the opportunity to submit input on the
Final Fire Study report. The administrator responded that he, Planner Dillerud and the
Fire Chief have reviewed the study which reviews projected needs, services and
considers locations of neighboring fire services as an informational item. This is a professional study and will be presented to the Council in 30 days.
C. Library Tax
Mayor Johnston believes that Washington County should be spending the local tax
money of a Lake Elmo branch rather than using it to fund libraries in other parts of the county. Washington County receives about $215,000 per year from Lake Elmo taxpayers
in the form of a library tax. He said the County is taking Lake Elmo’s money with no
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 9
incentive to spend it here. Johnston suggested the City investigate the process by which
the City could remove itself from the library system and how quickly money would
become available. He requested council support for a procedure of requesting tax money
for a dedicated library account used by the City. M/S/P DeLapp/Smith – to direct staff to define process by which the City could remove
itself from the Washington County Library system and request the tax money from Lake
Elmo taxpayers to be used for a dedicated library account used by the City. (Motion
passed 5-0.) Council member Smith said she read the article in the Pioneer Press stating Washington
County Library System was looking at a kiosk for the City. Smith said she was not in
favor of a kiosk, but wanted a library for the good of the entire community.
12. CITY COUNCIL REPORTS: Council Input on Comprehensive Plan.
Mayor Johnston and Council members Johnson, Conlin submitted individual statements
of input to the Planning Commission as to the key elements they would like to have considered during the planning process. Council members DeLapp requested that the Planning Commissioners remember the difference between planning and implementation.
He gave his verbal comments detailing his proposal for comprehensive plan revision and
will submit those comments in writing. These written comments have been made part of
these minutes. Council member Smith noted that her top priority was protecting the residents south of 10th street. She added that with two residents that live south of 10th
Street, Commissioners Ben Roth and Todd Ptacek, she felt the City had a very capable
Planning Commission.. Council member Smith’s verbal comments are in written form
and made part of these minutes.
Discussion was continued to the Council Committee workshop.
13. Adjourn Council Meeting at 10:23 p.m.
14. Finance, Legal, Legislative, Personnel Council Workshop Attendees: Chair Liz Johnson, Council member Anne Smith, Mayor Dean Johnson,
Council Members Rita Conlin and Steve DeLapp, Planner Dillerud, Administrator
Rafferty and Finance Director Bouthilet.
(1) Council Input to the Planning Commission on Comprehensive Plan: There was a short discussion on the key elements submitted by the Council on what they would
like to have considered during the planning process. Planner Dillerud responded there
was a consensus on items from the Council and that the Planning Commission would not
have any difficulty considering the issues the Council members submitted. He believed
those items of input were already addressed in the existing comprehensive plan. Dillerud noted there was not any great dispute among the Council members regarding policy.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 15, 2005 10
(2) Guidelines for Council Meetings: (Postponed to next Council Committee
workshop)
(3) Discussion with Developers: (Postponed to next Council Committee
workshop) (4) Adjourn workshop at 11:15 p.m.
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Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2005-012 Approving the Preliminary Plat and Final Plat of Eagle Point 4th Addition
Resolution No. 2005-013 Approving the PUD Plan Amendment for Eagle Point Business
Park 4th Addition to allow the use of asphalt shingles
Resolution No. 2005-014 Approving the Section 520 Site Plan for City and County
Credit Union Resolution No. 2005-016, 2005-017 Approve Claims
Resolution No. 2005-018 Met Council Draft Water Resources Plan
Ordinance No. 97-147:Planning Commission Composition
Ordinance No. 97-148:Parks Commission Composition