HomeMy WebLinkAbout06-01-2004 CCMLAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 1
MINUTES APPROVED: June 15, 2004
LAKE ELMO CITY COUNCIL MINUTES
JUNE 1, 2004 1. AGENDA
2. MINUTES: May 18, 2004
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries 4. CONSENT AGENDA: A. Resolution No. 2004-045:Approve Claims
5. FINANCE:
A. Budget Calendar
6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Fire Dept. Activities:Chief Malmquist
8. CITY ENGINEER’S REPORT:
A. Update on Hill Trail Reconstruction Project
9. PLANNING, LAND USE & ZONING: A. Resolution No. 2004-046:Zoning Setback Variances, 8017 50th Street N.
(Isaacson)
B. Ordinance No. 97-130: Old Village Development Moratorium
10. CITY ATTORNEY’S REPORT:
11. CITY ADMINISTRATOR’S REPORT: A. City Staff Organizational Chart: Resolution No. 2004-047
B. Council Organization: Ordinance No. 97-131
C. Strategic Planning Meeting
12. CITY COUNCIL REPORTS:
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers.
PRESENT: Hunt, John, Dunn, Johnston, DeLapp, City Engineer Prew, City Attorney
Filla, Acting Finance Director Tom Bouthilet, City Planner/Acting Administrator
Dillerud and City Administrator Rafferty.
City Administrator Martin Rafferty administered the Oath of Office to newly appointed
Council Member Wyn John.
1. AGENDA:
Add: 8A. Request for Update on Second lift on Hill Trail North M/S/P Dunn/Johnston - to approve the June 1, 2004 City Council agenda, as amended.
(Motion passed 5-0).
2. MINUTES: May 18, 2004
M/S/P Johnston/DeLapp - to approve the May 18, 2004 City Council minutes, as
amended. (Motion passed 3-0-2: Abstain: Dunn, John).
LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 2
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
Roger Linnell, Stillwater Blvd., alerted the Council of traffic safety problems on Highway 5 at 31st Street where four lanes are reduced to two lanes. Mr. Linnell said
because of the excessive speed and passing on the shoulder on the two lane section he has
had to jump into the ditch many times when cutting his lawn. Council member Dunn said
she has been working with MnDOT on safety improvements, and they are doing
preliminary work, but she will bring this up again. Mayor Hunt asked that the City Administrator contact the Washington County Sheriff’s Department and MnDOT
officials to find out what proactive strategies can be done to address this issue.
Gloria Knoblauch explained the Oakdale-Lake Elmo Historical Society has monetary
needs and requested a $1,000 donation for their one-room school house that was located on the Eder farm in Lake Elmo and donated to the Oakdale Lake Elmo Historical Society
for restoration and preservation. The restoration was made possible through monetary
donations. The inside of the school house is furnished with memorabilia from the late
1800’s and early 1900’s. Mayor Hunt will be invited to the School Open House on June
10.
M/S/P John/Johnston – to approve the $1000 donation to the Oakdale-Lake Elmo
Historical Society for preservation of the one-room school house; subject to the City
Administrator checking if it is appropriate in the budget. (Motion passed 4-1: DeLapp:He
would rather look into alternatives to what items the Oakdale-Lake Elmo Historical Society might be looking for, but noted it is a wonderful volunteer project.)
Informational: Wyn John received an e-mail from Pat Connley who advised that the
Washington County Board appointed Ms. White, a Lake Elmo resident, to the County
Library Board.
4. CONSENT AGENDA: A. Resolution No. 2004-045: Approve Claims
M/S/P DeLapp/Johnston - to adopt Resolution No. 2004-045, A Resolution approving claim numbers 204, 205, DD164 through DD171 25642 through 25656, that were used
for staff, payroll dated May 27, 2004, Claim Numbers 25641 dated May 19, 2004 and
25657 through 25693 dated June 1, 2004 in the total amount of $71,673.43. (Motion
passed 5-0).
5. FINANCE: A. Budget Calendar
The Acting Finance Director provided a proposed 2005 Budget calendar. He said the
Budget process for Fiscal Year 2005 starts in early June with the intention of receiving guidance though the upcoming Council Strategy Workshop.
LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 3
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Dept. Activities:Chief Malmquist – NOT IN ATTENDANCE
Council requested an article in the Newsletter educating residents of the different siren
tones for the tornado season. Planner Dillerud said the warning sirens had been placed on
the backburner. He will work on coordinating warning sirens for the entire region.
8. CITY ENGINEER’S REPORT: A. Update on Hill Trail Reconstruction Project
The City Engineer reported he will check out the inquiry from a resident who received
grass seed and wanted sod replanted, and there are also a few repairs needed before they do the paving. Prew stated he sent in the necessary permit, one part contractor and one part city, but the contractor sent his part in late. He said the City has all the easements
required for drainage, and the City would pave the last couple of gravel driveways. The
water level of the larger pond on 50th Street will be checked this week. In response to the
question if there will be vegetation in the smaller holding pond, Prew said he could get the costs for planting vegetation and let the Council decide.
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2004-046:Zoning Setback Variance, 8017 50th Street N.,
(Isaacson)
Planner Dillerud reported the Planning Commission considered an application by Mr.
Isaacson for side and front setback variances to accommodate construction of an attached
two stall garage. The Hearing was conducted on May 10, 2004, at which time the
Commission tabled the application to allow the applicant to consider amending the scale of the request. On May 20 the applicant submitted an amended application that reduced
the requested side setback variance from 8.5 feet to 4 feet; and, increased the requested
front setback variance from 6 feet to 10 feet.
On May 24 the Commission reviewed the amended proposal and recommended approval of the variances requested by the May 20 drawings. Dillerud noted that the Commission
found that a physical hardship does exist for the applicant due to the unusual size of the
parcel; the amended request permits the reasonable use of the property; and there is no
impact from the variances on surrounding properties.
Mayor Hunt asked for the exact placement of the drainfield and where a secondary
drainfield would be located. He said the City cannot alternate on drain field requests.
Council member DeLapp agreed and voiced his concern if there was indeed enough area
that could accommodate a secondary drain field site. Bill Isaacson said his original
system was a dry well system. The septic system sits 50’ back from the edge of the road. When he built in 1997, he kept the same exact footprint of the home and was asked to
move the house 10’ from the side property line. Planner Dillerud explained there was no
LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 4
secondary drain field site shown on the 1997 plans. He would talk to the Building
Official regarding location of an alternate drain field site
Attorney Filla indicated the Council needs to determine the level of reasonable use, whether the need for a variance was self created, and would granting the variance change the character of the neighborhood. Filla noted that reasonable use is subjective, and the
Council should apply the same law to similar facts to decide if it is a reasonable use or
not.
M/S/P DeLapp/John - to postpone until June 15 Council meeting per the consent of Bill Isaacson in order for the staff to get more information on an alternate drain field site for
location of a septic system (Motion passed 5-0).
B. Ordinance No. 97-130:Old Village Development Moratorium
Planner Dillerud reported the Old Village Development Moratorium will again expire on
June 9, 2004. He indicated that the Surface Water Drainage Report has not been
completed by TKDA
Dillerud stated he has been contacted by both the representative of the Hutchinson Estate
and by Mr. Lynsky. The Hutchinson family is interested in again entertaining offers from
potential developers for their property within the moratorium area. Mr. Lynsky is
interested in moving forward with PUD application for the platted General Business site
north of 39th Street. Dillerud added that if the Council extended the Development Moratorium; the option is open to exclude the Lynsky property from the Moratorium coverage based on the existence of a previously tabled development application. Since
approval of a PUD Plan is a discretionary action by the City, compliance of that PUD
Plan with completed Old Village work could become a factor of PUD review/approval by
the City of the Lynsky proposal. The remaining surface water issues do not directly impact the Lynsky site. Council member DeLapp stated he was strongly in favor of a unified plan. Council member Dunn had a real concern on the surface water drainage of
the Old Village.
M/S/P Dunn/John - to adopt Ordinance No. 97-130, An Ordinance Relating to an Extended Development Moratorium in the Village Area for 90 days, with the acknowledgement that this item could come back to Council at an earlier date.(Motion
passed 5-0).
10. CITY ATTORNEY’S REPORT:
11. CITY ADMINISTRATOR’S REPORT: A. City Staff Organizational Chart:Resolution No. 2004-047
Administrator Rafferty reported he has interviewed and evaluated the capabilities of key staff presently performing identified functions and responsibilities in an “Acting or
Deputy” capacity designation. He has come to the conclusion that the individuals in
LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 5
those positions are well suited to be officially designated as the leadership for those areas.
The following recommendations were made: 1) Promote Acting Superintendent Mike
Bouthilet to Superintendent of Public Works and hire an additional maintenance worker
assuring the City’s capability to provide the defined service responsibilities, 2) Promote Acting Finance Director Tom Bouthilet to Finance Director/City Treasurer; 3) Promote Sharon Lumby from Deputy Clerk to City Clerk; and 4) Move the Planner’s position as
Planner/Assistant City Administrator with specific organizational reporting changes that
includes building inspections and engineering. He noted that the proposed organizational
chart is within the budget. He added that he has talked to the employees regarding health care issues, and the employees will be paying a share. He will continue to look at alternatives in the future.
M/S/P Dunn/DeLapp – to approve Resolution No. 2004-047, A Resolution Adopting the
Administrative Organizational Structure of the City, as presented. (Motion passed 5-0). B. Council Committee Reorganization:Ordinance No. 97-131
The Administrator provided an organizational chart for the creation of three specific
Council Committees. The purpose of the creation of the committees is to develop ongoing scheduled council work sessions; in specific subject areas, where each of the established ad hoc committees created by Council may report progress on mission and
tasks and make recommendations that can be reviewed by the established council
committee. The Planning Commission would continue to report their recommendations
and findings directly to the Council as a whole. Each committee would be composed of two Council members, the Mayor and the City
Administrator or staff designee. The Administrator suggested that the Mayor would
annually appoint two Council members to each committee and designate one as the Chair
of the committee. Meetings would be scheduled, at a minimum of, monthly on the preceding week of the last Council meeting scheduled in a month.
The Council determined that the selection and makeup of Council Committee members
be approved by the full City Council. The Council will indicate their interest in a
primary and secondary committee they would like to serve on. M/S/P DeLapp/Johnston - to approve Ordinance No. 97-131, as amended (4th Whereas:
No 1. That the selection and makeup of Council Committee members will be approved
by the full City Council. The Council will indicate their interest in a specific committee
by submittal of their name to the City Administrator.) (Motion passed 5-0). C. Strategic Planning Meeting
The Council will hold a Strategic Planning Meeting with the Department Heads on
Saturday, June 12, 8:30 until Noon at the Wildwood Lodge.
LAKE ELMO CITY COUNCIL MINUTES JUNE 1, 2004 6
12. CITY COUNCIL REPORTS: Planner Dillerud reported the City will be heard on Wednesday, June 2, 9 a.m., by the
Minnesota Supreme Court at the State Capitol.
Council Member DeLapp reported he participated in the meeting sponsored by McKnight
Foundation on regional planning.
Council member Johnston commented on the insightful presentation given by the keynote
speaker at the Brooks Institute.
Council adjourns the meeting at 8:25 p.m. -------------------
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2004-045 Approve Claims
Resolution No. 2004-046 Postponed Resolution No. 2004-047 City Organizational Chart
Ordinance No. 97-131 Council Organization