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HomeMy WebLinkAbout02-17-2004 CCMLAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004 1 MINUTES APPROVED: March 1, 2004 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 2004 1. AGENDA 2. MINUTES: February 3, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Study Presentation – Old Village Constructed Wetlands Wastewater Feasibility B. Donation from Oakdale Gun Club 4. CONSENT AGENDA: A. Community Improvement Commission Application: Jill Anderson B. Resolution No. 2004-014: Approving Claims 5. FINANCE: 6. NEW BUSINESS: A. MLCCS Mapping Grant – Washington County Conservation District 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept. Score Board Donation B. Building Dept. Update: Jim McNamara 8. CITY ENGINEER’S REPORT: A. Resolution No 2004-015: Overlay Feasibility Report and Call a Public Hearing 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-016: Cluster and Minor Subdivision: Merle and Fonda Olson B. Fence Regulation – Permitting Process C. Old Village Planning Area Development Moratorium 10. CITY ATTORNEY’S REPORT: 11. CITY ADMINISTRATOR’S REPORT: A. Fire Department Officer Selection Process Fire Department Study B. Resolution No. 2004-017 Endorsing Legislation Regarding CRT Recycling C. Park and Ride Lot on I-94 and Keats Avenue 12. OLD BUSINESS: A. Follow-Up Workshop B. Strategic Planning Workshop 13. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official McNamara, Acting Finance Director Tom Bouthilet and Acting City Administrator/Planner Dillerud LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004 2 1. AGENDA ADD: Park and Ride Lot on Keats Avenue, Donation from Oakdale Gun Club M/S/P Siedow/Johnston - to approve the February 17, 2004 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: February 4, 2004 M/S/P Johnston/Siedow - to approve the February 4, 2004 City Council minutes, as presented. (Motion passed 5-0). 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Study Presentation – Old Village Constructed Wetland Wastewater Feasibility Scott Wallace, North American Wetland Engineering, gave a presentation on the Old Village Wastewater Treatment Feasibility Study. Wallace said he based his work on the Thorbeck study, but also did soil investigations on the parcels in the Old Village Plan. The soils are the limiting factor. The Planner suggested that because the study was lengthy and detailed, it will require review before specific project recommendations and staging can be addressed. He reported that he had provided the City Engineer with a copy of the study so he could investigate if his plan for stormwater would not conflict with the integrated wastewater plan. Mayor Hunt stated this will overlay our planning and the next step would address how the City stages something like this. He also said the City would investigate what money is out there and look into using wastewater treatment areas as amenities. He concluded that he did not believe that anybody on this Council will force someone with a functioning private septic system to hook up to any new City system. M/S/P DeLapp/Johnston – to receive the Feasibility Study for Old Village Wastewater Treatment and to direct the Staff and City Engineer to review the Study, and bring forth specific recommendations to the Council regarding implementation and staging of the Study elements. (Motion passed 5-0.) B. Donation from Oakdale Gun Club The Council received a donation of a $1,000 from the Oakdale Gun Club to offset the legal costs incurred in our legal fight against the Met Council. Mayor Hunt will write a thank you letter for the Council to sign at the March 1st meeting. M/S/P Dunn/Johnston – to accept the generous donation of $1,000 from the Oakdale Gun Club, 10386 10th St. N., to offset the legal costs incurred in the City’s litigation with the Met Council. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004 3 4. CONSENT AGENDA A. Community Improvement Commission Application: Jill Anderson The Council received an application from Jill Anderson, Lake Elmo Jaycees Secretary, to serve on the Community Improvement Commission. Anderson indicated she would like to see more programs for the children and for the elderly. M/S/P Johnston/Dunn - to appoint Jill Anderson to the Community Improvement Commission. (Motion passed 5-0). B. Resolution No. 2004-014: Approving Claims M/S/P Dunn/Siedow – to adopt Resolution No. 2004-014, Approving Claim Numbers 187, 188, DD104 through DD112, 25132 through 25164, that were used for Fire/Staff payroll dated February 5, 2004, and Claim Numbers 25165 through 25208 dated February 17, 2004 in the total amount of $279,861.13. (Motion passed 5-0.) The Acting City Administrator reported that there was no budget report presented because data will not be accurate until the City closes last years books. He noted that the auditors completed the field audit on Wednesday, and should close books in a week or two. 5. FINANCE 6. NEW BUSINESS: A. MLCCS Mapping Grant Washington County Conservation District Jeff Berg, Washington County Conservation District, informed the Council that the District (and other metro SWCDs) is applying for a LCMR grant to conduct land cover mapping within incomplete areas of Washington County. Berg presented a fact sheet on the advantages and noted that the rule of thumb is $1/acre to do this mapping. Using a 50-50 LCMR-Local match, the dollar amount of Lake Elmo would be approximately $7,500. The Planner reported that the 2004 City Operating Budget does provide $10,000 for undesignated “Comprehensive Planning”. The Planner indicated that with many of the current planning projects completed, or nearing completion, the City could fund the local share of this LCMR grant from that budget line item, particularly, if the local share could be stretched over two budget years. M/S/P Dunn/Siedow – to direct the Acting Administrator to draft a letter of endorsement for the application by the Washington County Conservation District to the LCMR for MLCCS Mapping of the City. (Motion passed 5-0). M/S/P Dunn/DeLapp – to show the Councils sincerity, direct staff to check budget for $15,000- $22,000 for total City payment of the MLCCS Mapping. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004 4 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept. Score Board Donation At its January 17, 2004 Parks Commission meeting, Commissioner Bruchu presented a proposal for an anonymous donation of two electronic scoreboards that would be installed at both the Lions and VFW ball fields. A motion was passed to recommend acceptance of the donations with the understanding that the City would be responsible for the maintenance and installation, if the costs were under $1,000 each. Mike Bouthilet reported that the Parks Department checked on pricing for installation, which includes trenching, materials and an electrical contractor. Not including City labor, both scoreboards can be installed at a total cost of $278.00. M/S/P Dunn/Siedow – to accept the scoreboard donation and send a thank you letter to the anonymous donor of scoreboards for VFW and Lions Parks; and, authorizing City Staff to purchase such materials and services as are necessary for installation of the scoreboards. (Motion passed 5-0). Mayor Hunt congratulated the Acting Public Works Supervisor and his crew on how well the snowplowing went this winter season. B. Building Dept. Update : Jim McNamara The Building Official reported there were no new residential permits, nor new commercial permits issued for January 2004. 8. CITY ENGINEER’S REPORT: A. Resolution No. 2004-015 2004 Overlay Feasibility Report and Call a Public Hearing The City Engineer provided the Feasibility Report for the 2004 Overlay Project: 49th Street N., Jane Circle N., Jasper Avenue N., and Jerome Avenue N. Council member DeLapp asked if the City could find the cost implications of cutting 8’ out of one side of the street to make the streets narrower, because these are 32’ wide streets. He also asked that the City Engineer look into curb placement, tree planting with possible bump outs to control speed. Mayor Hunt suggested that the Council could ask the residents what they think of this idea at the public hearing. M/S/P Johnston/Siedow – to adopt Resolution No. 2004-015, A Resolution Receiving the Feasibility Report and Calling a Hearing on the 2004 Overlay Project. (Motion passed 5- 0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004 5 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-016 Cluster and Minor Subdivision: Merle & Fonda Olson The City Planner reported the Planning Commission recommended approval of multiple applications to divide a Nominal 40 acre parcel into parcels of 5.46 acres, and 33.6 acres (both net of ROW). He reported that because the smaller resultant parcel would be less than the RR district 10 acre minimum, the applicant has proposed the division responsive to the RR Clustering provisions of the Zoning Ordinance. Since less than 4-parcels would be created, and public roadway frontage is available to both resulting parcels, the actual land division is being processed as a Minor Subdivision in accordance with Chapter 400 of the City Code. He reported that the Commission approval recommendation is subject to the applicant’s payment of a $1,500 park dedication fee for the single new parcel being created. The City Planner noted that the 30 acre parcel will be available for a building, but could not become an OP parcel. The parcel would have to be combined with another parcel probably to the east. The total number of lots created would be four lots. However, other Council members accepted the creation of a non-conforming RR Zoning lot without any offsetting requirements. Council member DeLapp asked that restrictions be added on non-developed acreage so that the overall number of accessory buildings on the entire Nominal 40 would not add up more what each parcel would be eligible for under RR zoning. M/S/P Dunn/Siedow – to adopt Resolution No. 2004-016, A Resolution Granting a Rural Residential (RR) Cluster Development and Minor Subdivision to Merle G. and Fonda R. Olson. (Motion passed 5-0). B. Fence Regulation – Permitting Process The Planner reported that, as directed by the City Council, the Planning Commission has been addressing present City fence regulations, and considering several modifications to the fencing standards found in those regulations. He noted that one aspect of these issues that the Commission has agreed on is the need for the City to begin requiring fence plans be submitted and reviewed by the City for compliance with whatever standards are finally adopted; and, that fence installations be inspected upon completion to be certain that the fences are constructed in accordance with approved plans. The Commission recommended an amendment to Chapter 1360 that provides for a fence permitting process and is continuing its work on the fence standards. This ordinance exempts all legitimate farm fences. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004 6 M/S/P Johnston/Siedow – to adopt Ordinance 97-125, An Ordinance Relating to Fences. (Motion passed 5-0.) C. Old Village Planning Area Development Moratorium The Planner reported that the Moratorium adopted by the City for the areas within the Old Village planning area is due to expire on February 24, 2004. He said that the moratorium was extended to February 24 to allow completion of contracted consultant work addressing waste water treatment, public water supply, surface water drainage, and traffic that would result from the Plan that has been recommended by the Planning Commission. The Planner reported that the consulting work for water supply, traffic and surface water reports from TKDA has not been completed. M/S/P Dunn/Johnston – to adopt Ordinance 97-126, extending the Old Village Planning Area Development Moratorium for 60 days from the date of publication .(Motion passed 4-1:Siedow:A lot of the information from the consultants will not be used. Three of the land owners are impacted by the moratorium. He does not care for moratoriums.) 10. CITY ATTORNEY’S REPORT: Attorney Filla reported that he will ask the Council to decide what action to take at the March 1 Council meeting on the 37th Street property. 11. CITY ADMINISTRATOR’S REPORT A. Fire Department Officer Selection Process The Acting Administrator reported that, as directed by the Council, the City Attorney prepared drafts of amendment to both the City Code and the Fire Department By-laws that would change the process of Department officer selection. The Acting Administrator indicated that Chief Malmquist raised concerns with significant terms provided by resolution. The Council indicated the three actions recommended by the City Attorney would be a good basis for a workshop with fire department personnel. Council member Dunn noted she likes officer appointment for “x” number of years, because some people would like to go up to another level and have the opportunity to change. M/S/P Johnston/Siedow – to table consideration of all three actions drafted by the City Attorney until after a workshop with Fire Department Personnel with date set by staff. (Motion passed 5-0). Attorney Filla said that he will make the changes suggested by the Fire Chief and copies of the Resolution and Ordinances will be sent in an advance mailing packet. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004 7 Fire Dept Study The Acting City Administrator reported the Fire Department Study is in the CIP so there are funds to pay for the study. He had decided not to go further because of the number of studies now under way. The Acting Administrator agreed to bring this item back to the Council in two months. Park and Ride on I-94 and Keats Avenue In October, the Acting Administrator reported that Metro Transit is proposing to construct a new $4 million park and ride lot for 500 vehicles at the intersection of Washington County Road 19 (Keats Avenue) and Interstate 94. The Council directed Dillerud to send a letter of objection from the City to Metro Transit. He reported that he did so, and did not hear anything else. He stated that the letter did not reach the committee reviewing reading the applications and that it was important that the decision making body be fully informed. M/S/P Johnston/DeLapp – to direct the Acting City Administrator to attend the next Transportation Advisory Board meeting to voice the City’s objections to the proposed park-and ride lot at the intersection of CSAH19 and I94; and to request Council member Dunn to call Washington County Commissioner Myra Peterson, who is a TAB member. (Motion passed 5-0). B. Resolution No. 2004-17 Endorsing Legislation Regarding CRT Recycling The Acting Administrator reported that the City received a request from the Washington County Board Chairman Stafford regarding legislation the County is asking the City to support that involves enhanced regulations on the recycling of CRT’s—TV’s and computer monitors. The Council indicated this was good legislation from an environmental perspective, and worthy of the City’s support. M/S/P DeLapp/Johnston – to adopt Resolution No. 2004-017, Supporting Legislation for the Recycling of CRT’s. (Motion passed 5-0.) 12. OLD BUSINESS: A. Follow-up Workshop B. Strategic Planning Workshop Mayor Hunt reported the City has been billed $3,200 out of the proposed $6,000 for workshops with Marilyn Condon. The City has the ability to have two more workshops within that total fee. The entire now- proposed workshop meeting would be 4 hours for $1,000, and is within the agreed $6,000. The resulting total Condon fee would be $4,200 rather than $6,000. He suggested that the first half hour of the workshop would be discussing how well the Council has been working with each other; and, the last 3.5 hours would be a strategic planning workshop with the intention of letting the Council get their issues out on the table, and come to grips as to what is important for the City. M/S/P Johnston/Siedow – to approve a 4-hour workshop with Marilyn Condon as described by Mayor Hunt with a $1,000 cap. (Motion passed 5 -0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 27, 2004 8 13. CITY COUNCIL REPORTS: Council member DeLapp reported he had attended the Gateway Conference in River Falls, WI, for a presentation by the Vice President of the Conservation Fund, Washington, D.C. It was noted that at a 5:1 ratio, people preferred Open Space with closeness to pleasant walking trails versus Open Space close to golf courses. Council member Dunn reported there will be a Town Meeting with Representative Eric Lipman and Minnesota House Speaker Sviggum on Monday, February 23rd, 7:30 to 8:45 a.m. at Gorman’s Restaurant. Last Thursday, Bob Engstrom, Engstrom Companies, was honored by receiving Champions of Open Space Award from the McKnight Foundation and 13 partner organizations. The ceremony was held at the historic red barn at Engstrom’s Fields of St. Croix development which was very well attended, even with Met Council attendance. She has not heard from MnDot on future Highway 5 meetings. Council member Johnston reported he attended, along with Mayor Hunt and Councilmember DeLapp, the AMM briefing on the American Experiment study of the Metro Council. Johnston said he volunteered to serve on the AMM Executive Committee next year. Council Adjourn the meeting at 9:25 p.m. ----------------- Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2004-014 Approving Claims Resolution No. 2004-015 Receiving the Feasibility Report and calling a Hearing on the 2004 Overlay Project Resolution No. 2004-016 Cluster and Minor Subdivision:Merle & Fonda Olson Resolution No. 2004-017 Endorsing Legislation Regarding CRT Recycling Ordinance No. 97-125 Relating to Fences – Permitting Process Ordinance No. 97-126 Extending the Old Village Planning Area Development Moratorium for 60 days.