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HomeMy WebLinkAbout04-06-2004 CCMLAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 1 LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 1. AGENDA 2. MINUTES: March 16, 2004 (Postponed) 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 4. CONSENT AGENDA: A. New Tractor Purchase B. Resolution No. 2004-028 Garage Location Waiver, Bill/Pat Hagberg, 3060 Lake Elmo Avenue C. Resolution No. 2004-030 Approving Claims 5. FINANCE: A. Clean Up Day B. Resolution No. 2004-029 Water Fund Rate Recommendation 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept. (1) Seasonal Help (2) VFW Ball Field Lights B. Update on Fire Dept. Activities: Chief Malmquist 8. CITY ENGINEER’S REPORT: A. Received Quotes for 34th Street Lift Station 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-026 Site Plan Amendment and Temporary Office – Hiner Development B. Resolution No. 2004-027 Zoning Variance, Eisele, 11094 35th Street C. Amendment of Zoning Ordinance Fence Standards D. Cimarron CDBG Project – Vendor Selection E. Ordinance No. 97-127 Old Village Development Moratorium F. Water Service and Fire Sprinklers – Prairie Ridge Office Park 10. CITY ATTORNEY’S REPORT: 11. CITY ADMINSTRATOR’S REPROT: A. Seminar Attendance – City Planner B. Countywide Assessment C. City Administrator Recruitment 12. CITY COUNCIL REPORTS: Mayor Hunt called the meeting to order at 7 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official Jim McNamara, Acting Finance Director Tom Bouthilet and Acting City Administrator/Planner Dillerud. LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 2 1. AGENDA ADD: Update on Benefits Program, Set workshop date for Fire Dept. 9C. Negotiation with Chad Simich, Update on status of negotiating of city hall, Move 11C. City Admin recruitment under Public Informational as Item B., Update on council workshop working together on strategic planning, Updates on met council and discussion on potential workshop with attorneys under City Administrator’s Report. M/S/P Siedow/Johnston – to approve the April 6, 2004 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: March 16, 2004 (Postponed) Mayor Hunt indicated he would have the draft minutes of the April 3, 2004 City Administrator Interview minutes. 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries Gloria Knoblauch explained out of the 21houses located on 31st Street, since 1972 nine people have died of cancer and two are in remission. She has not researched it fully, but believed it was more than a coincidence that the number of cancer related deaths was so large. She questioned if the plume of contamination from the Lake Jane Landfill was affecting their water. The Council suggested she contact Jim Kelly, MN Health Dept. and the residents should have their water tested. The Council asked that an MPCA representative be invited to the April 20th Council meeting for an update on the recent evaluation of the Lake Jane Landfill. B. City Administrator Mayor Hunt announced that the Council interviewed three candidates April 3rd and council made a selection and announced that Martin J. Rafferty will start on May 10, 2004 as City Administrator of the City of Lake Elmo. A draft of the contract had been reviewed by all council members. M/S/P DeLapp/Johnston - to authorize the Mayor to sign the approved contract with Martin J. Rafferty as Lake Elmo’s City Administrator with a start date of May 10, 2004. (Motion passed 5-0). 4. CONSENT AGENDA: A. New Tractor Purchase The Acting Finance Director reported that on October 7, 2003, the City Council approved the purchase of a new tractor with mowers, snow plow and lettering for the total amount of $47,337.52. The approved amount was based on the former Public Works Director providing the labor to install the plow. However, for warranty and liability considerations it was determined his work had to be completed by the factory. The total cost of the tractor (without lettering) is $48,319.84. The estimated cost for he lettering as LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 3 provide in the original bid was $532.50. The new revised total price of $48,852.34 is till under the $50,000 Capital Budget for this purchase. M/S/P DeLapp/Dunn - to approve the revised tractor purchase price for a total amount of $48,852.34. (Motion passed B. Resolution No. 2004-028 Garage Location Waiver – Bill/Pat Hagberg, 3060 Lake Elmo Avenue Bill and Pat Hagberg propose replacement of an existing garage with a new 3-car detached garage on this lake front site in the R-1 zoning district. The proposed garage would be located nearer the front lot line than the house, as is the present garage. Section 300.13, Subd, 3C of the City Code provides that the Council must approve any application to construct a detached garage in the R-1 District that would be closer to the property line than the principal structure. Staff recommends approval of the application since the proposed garage would be located nearly 250 feet from the street and would replace a garage now essentially in the same location. M/S/P DeLapp/Dunn - to adopt Resolution No. 2004-028, A Resolution approving the location of a detached garage nearer the front property line than the principal structure at 3060 Lake Elmo Avenue, per plans staff-dated March 15, 2004. (Motion passed 5-0) C. Resolution No. 2004-030 A Resolution Approving Claims M/S/P DeLapp/Dunn - to approve Resolution No. 2004-030, to approve Claim Numbers 193, 194, DD124 through DD132, 25337 through 25372 that were used for Staff/Fire payroll dated March 18, 2004 and Claim Numbers 195, 196, DD133 through DD138, 25374 through 25380 that were used for staff payroll dated April 1, 2004 and Claim Numbers 25381 through 25433 dated April 6, 2004 in the total amount of $140,758. (Motion passed 5-0). 5. FINANCE: A. Clean Up Day, May 22, 2004, 8:00 a.m. to Noon The Acting Finance Director indicated due to increased labor costs and removal services, consideration should be given to increase the rates. In past years, the City was able to offset some of these expenses through the Washington County Recycle Grant Program, but due to a reduction in funding and limitations on how the grant money is used; the City’s portion of the expense will increase. A Clean Up Day flyer was provided with the recommended rates. M/S/P Dunn/Johnston - to approve the 2004 Clean Up Day Rates as recommended by the Acting Finance Director. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 4 B. Water Fund Rate Recommendations The Acting Finance Director provided a copy of the 2004 proposed Water Enterprise Fund Budget and Water Rate schedule. He noted that the budget indicates a $14,925 shortfall in the operating portion of the Water Enterprise Fund with the recommended increase included in the operating revenue. The base charge rate was designed for the purpose of infrastructure repairs and upgrades. The current base and per gallon charge cover operational expenses. The Acting Finance Director explained he has not allocated any of those funds for Capital Improvements. M/S/P DeLapp/Dunn - to adopt Resolution No. 2004-029 approving the 2004 Water Enterprise Fund Budget and Water Rate Structure for the Old Village and the Lake Jane Area. (Motion passed 5-0). 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept. (1) Seasonal Help Staff recommended the rehiring of four returning seasonal employees: John Eder, Michael Wagner, William Leary and Virgil Niemann at $10.50/hour. The Parks Superintendent indicated at a later time he may be hiring a college student. M/S/P DeLapp/Dunn - to authorize the hiring of John Eder, Michael Wagner, William Leary and Virgil Niemann as Parks/Public Works “seasonal employees” at $10.50 per hour pay rate. (Motion passed 5-0). (2) VFW Ball Field Lights At their March 15, 2004 meeting, the Parks Commission recommended the City Council re-address the lighting at the VFW ball field. The consensus was that lighting the field would still be a valuable asset and does not conflict with the current “Old Village” concept plan. This purchase would be on the State Cooperative Purchasing Venture and this lighting offering is still active until August of 2004. Parks Chair Bob Schumacher explained the commission has done its homework on this. The lights will only be used when the field is in use and won’t turn on automatically. By adding the lights, the use of the field could double since two games could be played in the evening time. Council member Siedow asked Todd Bruchu, Lake Elmo Baseball, if he contacted the entire park’s surrounding neighbors to see if any had an objection to lighting the field. Mr. Bruchu responded they did not receive any objections. The lights are high school standard, and the lights will be contained on the site and not spill out onto the neighborhood. The Assistant Administrator explained the city’s Capital Improvement Program would need to be amended because the light project was taken out of the 2004 CIP. LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 5 Council member DeLapp stated he thinks the City needs to do lighting project, but we need to do the other things as well, such as adding additional trails. M/S/P Johnston/DeLapp - to proceed ahead with the 2003 proposal to purchase and install lighting at the VFW ball field at an estimated cost of $138,846 to come from the park dedicated fund and to modify the 2004 Community Improvement Project to include the lighting project. (Motion passed 5-0). Tom Prew will call the same vendors that gave us quotes and will bring back a schedule at the nest meeting. B. Update on Fire Dept. Activities: Chief Malmquist (Not In Attendance) At the February 17 meeting, the Council asked that a workshop be scheduled with the Fire Department. The Council wanted to get feedback as far as an appointed Fire Chief versus hiring a Chief. Attorney Filla stated he has concluded the intent of the bylaws is to have officers in place and if new one are not elected some other process. Question on whether or not going to elections not posted, terms expired for the elections were held. Do you really want these elections? City hall is appointed based on qualifications. Appointed or elected will be M/S/P Siedow/Johnston – to direct the staff to look at the week of April 26th with the availability of a large number of firefighters attending, for a Council and Fire Department workshop. (Motion passed 5-0.) C. Building Department Vehicle Purchase Building Official Jim McNamara and the Maintenance Advisory Committee had analyzed the options available for this purchase. At its meting March 31 the MAC adopted a recommendation to the Council to purchase a 2004 Chevrolet Colorado FWD extended cab pick-up under the State Contract for $15,500 plus tax, delivery, and safety/identification items for a total cost of $16,200. The 2004 CIP budgeted $20,000 for this purchase. MAC did not address the disposition of the old Ford. The Acting Administrator recommended that the City dispose of it by sale to the highest bidder---first offering internally to staff, with NASDA “wholesale” the minimum bid (reserve). If no internal bidders, at or above the reserve appear, the vehicle would be offered to the Public on the same basis. M/S/P Siedow/Dunn - to approve the recommendation of the Maintenance Advisory Committee for City purchase of a 2004 Chevrolet Colorado pick-up on the State Purchasing Contract from Hinckley Chevrolet for a purchase price of $15,500 plus tax and delivery. Further that the Ford Victoria be sold by the City to the highest bidder, with City staff provided the initial bidding opportunity. (Motion passed 4-1: DeLapp: The cost is incredibly low, but preferred purchase of a smaller car with better mileage.) LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 6 8. CITY ENGINEER’S REPORT: A. Receive quotes for 34th Street Lift Station Repair In his memo dated April 1, 2004, the City Engineer reported he received four quotes for the 34th Street Lift Station Repair project. This project was included in the City’s 2004 CIP for an estimated cost of $10,000. The City Engineer’s estimate was low. M/S/P Dunn/Johnston - to award the contract for the 34th Street Lift Station Repair to Meyer Contracting in the amount of $18,700.00, per the City Engineer’s memo dated April 1, 2004. (Motion passed 5-0). 9. PLANNING, LAND USE & ZONING: A. Site Plan Amendment and Temporary Office – Hiner Development At it’s meeting of March 29, 2004, the Planning Commission recommended approval of an amendment to the Mulligan Master Site Plan; and, also recommended that Hiner Development be granted permission to place a portable structure on the site during the 2004 season. The City Planner reported the site plan amendment rearranges the location of structures on the site; and, adjusts the sizes/uses of those structures. The request for a temporary structure is to enable the otherwise essentially complete facility to open for business while the permanent structures are under construction. M/S/P Johnston/Siedow - to adopt Resolution No. 2004-026 approving amendments to the Hiner Development Site Plan, per plans staff-dated March 25, 2004, as recommended by the Planning Commission. (Motion passed 5-0.) M/S/P Johnston/Siedow – to approve the location of a temporary structure on the Mulligan Masters site per plans staff-dated March 25, 2004, and subject to the condition that the temporary structure be removed by October 31, 2004. (Motion passed 5-0). C. Zoning Variance – Eisele, 11094 35th Street N The City Planner reported at its meeting of March 29, 2004, the Planning Commission held a public hearing and recommended for approval the variance application to construct a garage that would encroach on both front and side yard required setbacks. The Planning Commission recommendation was subject to three conditions, the garage structure be reduced in size and/or its location be adjusted to result I not less than a 6 foot setback to the side property line and not less than a 20 foot front setback. This condition would reduce the width of the garage from 32 feet to 28 feet; and reduce the depth of the garage from 24/26 feet to 22/24 feet. The increased side setback could be accomplished by sliding the garage northerly 2 feet. The Commission did not specify garage dimensions, but rather maximum setback variances. The Commission recommended a slight modification to the staff-recommended condition regarding a 5 foot driveway setback. LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 7 Council member DeLapp provided a site plan allowing for straightening of the south wall to align with the house. Mr. Eisele verbally agreed with the modification and will submit new drawings. M/S/P DeLapp/Siedow - to modify the Resolution No. 2004-027 to straighten out the garage as discussed. (Motion passed 5-0). M/S/P Johnston/Siedow – to postpone this agenda until the April 20 Council meeting subject to new drawings with proposed modifications submitted by Mr. Eisele. (Motion passed 5-0.) D. Amendment of Zoning Ordinance Fence Standards The City Planner reported the Council was provided with a final draft of the new fence standards section of the City Code. This began as a recommended approach from the City’s zoning consultant, Lane Kendig. While some of Kendig’s proposal remains, the commission made modifications to the original text. The provided graphics that demonstrate the basic fence standards would be a component part of the ordinance, but will appear on a single page in the final code. Council member Johnston handed out his changes to the fence ordinance and a fence drawing. Council member Siedow felt that one size fence doesn’t fit all the lots. Questions as to what is a large lot or a small lot, what is a short fence or a tall fence required answers. Siedow said he thought chain link fences should be allowed and not by exceptions. Council member DeLapp thought that may be the city should be more specific with the covenants for a development. Attorney Filla answered Council member Siedow’s question that the City does have the right to make property owners replace a non-conforming fence. M/S/P DeLapp/Johnston – to direct the staff to set up a workshop to discuss the fence ordinance and invite the Planning Commission either from 6 to 7 before the commission meeting or recess the planning Commission meeting early and then hold the workshop. (Motion passed 5-0). Council member Johnston explained Mr. Simich said he would be willing to work out a solution to his non-conforming fence with the City and he would like to proceed with that direction. M/S/P Johnston/Siedow – to authorize the City Attorney to resolve the non-conformance issue . The Acting Administrator stated he needed to know how he should be negotiating. Councilmember Johnston said we can only support the existing code. Attorney Filla said LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 8 he understands the current code was understandable and misinterpreted. This will be an enforcement action. Some things caused less than complete compliance with the code. The negotiating team will comprise of the appropriate staff, city attorney, homeowner Chad Simich, the Homeowners Assoc executive if they want to be involved, city council member if they should chose.(Motion passed 5-0.) Chad Simich asked the Council to address his fence issue and consider grandfathering other fences in Carriage Station that are nonconforming. D. Cimarron CDBG Project – Vendor Selection The City Planner reported the Council has previously approved the recommendations of the Community Improvement Commission regarding a gas line service inspection program for Cimarron that would be partially funded by the Cimarron component of the 2000-2003 CDBG grants ($10,000); and, also funded by the 2003 CDBG Lake Elmo allocation ($48.000). The Commission’s goal by this program is to detect any problems with gas service line installations to the individual Cimarron manufactured housing units that could prove hazardous to the unit and neighboring units. City staff solicited potential vendors in February, 2004 by a Request for Proposals. Two inspection firms responded to the RFP, and the Commission selected the proposal Mobile Home Improvement Service as the most responsive to the program design, and in the best overall interests of the City. Staff met with the firm to structure a slightly revised strategy for the inspection program. M/S/P Johnston/DeLapp - to authorize the Acting City Administrator to execute a letter agreement with Mobile Home Improvement Service for gas service line inspection in Cimarron at a two-level cost: 1. Initial Inspections - $45 per unit per the proposal dated March 30, 2004. 2. Complete Inspections - $165 per unit per the proposal staff dated March 30, 2004. (Motion passed 5-0). E. Old Village Development Moratorium Planner Dillerud provided drafts of the Community Water System Plan and the Traffic Plan completed by TKDA. Dillerud reported there are no major issues that appeared in the Water Supply of Traffic Reports beyond the need for elevated water storage and the need for improvements to Highway 5. The Surface Water report by TKDA has not been completed. The present Moratorium will expire prior to the next City Council meeting. Staff has not been contacted in recent months by any land owners or developers regarding a desire to immediately proceed with projects within the Moratorium area. There has been prior interest on behalf of the three of the property owners (Hutchinson, Abbott, and Lynsky). LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 9 A draft ordinance that would extend the Moratorium, with the length of the extension unspecified was provided for Council review. M/S/P Dunn/Johnston – to adopt Ordinance No. 97-127, Extending the Old Village Moratorium for 60 days. (Motion passed 4-1:Siedow: He does not believe in moratoriums.) Mr. Screaton stated he doesn’t have a problem with the Moratorium extension. He has base map questions and how development rights would work. There are no houses going on this property so we are the only property. F. Water Service and Fire Sprinklers – Prairie Ridge Office Park The City Planner reported that the proposal from Oakdale is to agree to extend the service area as we have requested, but only if the Master Agreement is also amended to substitute Oakdale’s commercial water rates charged to the Lake Jane system for the residential rates called for in the present agreement. The Acting Finance Director project that annual increased cost to the City by this proposed rate structure could amount to $10,000. The City Planner recommending discussion with Oakdale regarding including Prairie Ridge Office Park on the Lake Jane system be terminated; and, that Prairie Ridge proceed with private water wells. These buildings would be sprinkled regardless. The applicant beseeched the city evidence that they would not be required by the Minnesota Building Division or readjust to adjust the threshold of 5,000 sq.ft. Dillerud spoke with them today and suggested the applicant be required to install a dry sprinkling system until such time there is public water service. Council member DeLapp responded that the applicant concurred they would put a system in and the City thought it would be a water system. Mayor Hunt asked if they could place the pipe in the ground in anticipation of water coming in. The applicant said there will be 7 separate wells. The City Engineer said it isn’t a wise investment for pipe to set for 10 years Peter Tacheney said the state doesn’t know the city has adopted the code because the city has not sent their ordinances to the state. M/S/P Dunn/Siedow – that city water is not made available as thought to the Prairie Ridge Office Park, a dry stand pipe sprinkling system will be used by the applicant for the Prairie Ridge Office Park. (Motion passed 5-0. M/S/P DeLapp/Johnston – to inquire if the Master Water Agreement can be amended with Oakdale in a reasonable amount of time. If the city cannot supply water, there is a waiver the City can adopt. (Motion passed 5-0). 10. CITY ATTORNEY’S REPORT: Attorney Filla reported the property owner on Hidden Bay will meet the Phase 1 improvements. April 16 is the pretrial date and the City can place our agreement on the LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 10 record. The next date is improvement deadline is August 15 and if the property does not meet the deadline, the City can get a judgment. 11. CITY ADMINISTRATOR’S REPORT A. Seminar Attendance – City Planner The City Planner is requesting to attend a Land Use Management Seminar at the UW, Madison on May 3-5-, 2004 with an anticipated cost of about $1,000. The Planning Department budget is $2,500 for Conferences and Training. M/S/P DeLapp/Johnston – to approve the attendance of the City Planner at the Land Use Management Seminar at UW, Madison, May 3-5, 2004 at a cost of approximately $1,000. (Motion passed 5-0). B. Assessment Services Kevin Corbid, Washington County Director, reported the Washington County Board of Commissioners, has placed the issue of countywide assessment on its priority list for 2004. He provided a memo outlining the process, the reasons behind the possible change, and the financial impacts. There are 9 cities in Washington County hat now have contract local assessors. Council member Dunn voiced concern with the loss of local government control of the assessment function and the assessor. Mayor Hunt had a concern with how future budget cuts the county may have and how it would affect assessment services. Council member Siedow would like to know what the financial implications of a countywide assessment. This will be added to a future agenda for discussion once the financial implications have been received. C. Employee Benefits Progress The Acting Administrator reported the Council approved an enhanced pay plan with the promise of a modified benefit plan. The staff continues to have difficulties because we are small and cannot get the flexibility of a cafeteria plan. M/S/P DeLapp/Dunn - to direct the staff to proceed with the employee benefits in place through the second quarter. (Motion passed 5-0.) D. Brookfield II Building The Acting Administrator reported the City ordered an appraisal and the City Attorney and the Acting Administrator met with the owners where the original proposal was not honored. Ray Marshall advised that they submitted the City’s appraisal to their appraiser and will not hear until April 15. Staff has talked to the owner of Lake Elmo Chrysler owner about a potential purchase and that option is open. LAKE ELMO CITY COUNCIL MINUTES APRIL 6, 2004 11 E. Met Council Issues Mayor Hunt suggested a workshop with the City’s attorney to discuss strategy used at Supreme Court and the possibility of a settlement. If possible, this workshop could be held at the end of the Code Enforcement Workshop, 5:30 or 6 p.m., on April 13th. to hold M/S/P Johnston/DeLapp – to hold a workshop on Met Council litigation with Attorney Knowlin, if available at 5:30 or 6 p.m. on April 13. (Motion passed 5-0). 12. CITY COUNCIL REPORTS: A. Council Workshop on Strategic Planning Mayor Hunt announced that the schedule for working together for first half hour would include the new employee and then the remainder would be discussion on strategic planning. B. Building Size Council member DeLapp asked the City to check into the legality of limiting building size. The state requires a minimum of 900 sq.ft. house. One possible way is to state on a development amount of construction they would have Council would need to define what they want staff to do. This will be a future agenda item. Council member Dunn reported that the signal lights on Highway 36 and CSAH are in process of being installed. Council member Johnston has submitted his name for nomination to the AMM Board of Directors. The City can have more than one member on each committee and he suggested that Mr. Dillerud serve on the committee, if he is willing. He encouraged like-minded cities to do the same. The Council Adjourn the meeting at 10 p.m.