HomeMy WebLinkAboutDec approved minutes? MINUTES APPROVED: March 7, 2006
LAKE ELMO CITY COUNCIL MINUTES
DECEMBER 6, 2005
1. AGENDA
2. MINUTES; November 15, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL
A. Public Inquiries
B. Public Informational
(1) Donation to Lake Elmo: Betsy Lundquist
(2) John Elhohn—Lake Elmo Park Reserve Master Plan
4. CONSENT AGENDA:
A. Resolution No. 2005-128: Approving Claims
B. Resolution No. 2005-130: Statutory Tort Limits on Liability Insurance
C. 2006 Liquor Licenses
D. Resolution No. 2005-129:Partial Payment to Tower Asphalt for Hilltop
Avenue
E. Workers' Compensation for Elected Officials; Resolution No. 2005-140
5. FINANCE:
A. Tax Levy Adoption:Reso luti on No. 2005-131
B. General Fund Budget:Resolution No. 200 5-13 2
6. NEW BUSINESS:
A. Out-of-State Travel Policy for City Council: Resolution No. 2005-133
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire Department:Promote Mutual Aid Agreement; Resolution No. 2005-
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B. (1) Building Department:Update on Building Activities
(2) Council Discussion of Side Yard Retaining Wall —verbal
(3) Relationship of Garage to Home Size—Verbal
8. CITY ENGINEER'S REPORT
A. Resolution No. 2005-135:Accept Feasibility Report for Phase IV Water
System Interconnect.Project and Order Public Hearing
B. Agreement for Overhead Street lighting on 10t' Street and Keats Avenue
C. Revised Authorization for Professional Services: Civil Defense Sirens -
Verbal
9. PLANNING, LAND USE, AND ZONING:
A. Final Plat, Final PUD Plan and Site Plan—United Properties:Resolution
No. 2005-136
B. 2006-2010 Capital Improvements Program(CIP): Resolution No 2005-
137
C. Final Plat and Development Agreement:Sanctuary of Lake Elmo;
Resolution No. 2005-138
D. CDBG Application; Resolution No. 2005-139
10. CITY ATTORNEY'S REPORT:
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 1
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A. Council Discussion Public Communication Personnel Issues 'Council
Member Johnson--verbal
11. CITY ADMINISTRATOR'S REPORT:
A. Snowmobile Ordinance; Ordinance No. 97-164
B. 3M Park Donation—Verbal
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 Planner Dillerud, City Attorney Filla, Building Official McNamara, Finance
Director Tom Bouthilet and Administrator Rafferty,
L AGENDA
5A. Public Hearing tax adoption;Nov 1st meeting minutes reconsidered; 10B. Update by
City Attorney on closed session.
M/S/P Johnson/DeLapp -to approve the December 6, 2005 City Council agenda, as
amended. (Motion passed 5-0).
2. MINUTES; November 15, 2005
M/S/P Johr son/Smith -to approve the November 15, 2005 City Council Minutes, as
amended. (Motion passed 4-0-1: Abstain.DeLapp),
MINUTES: November 1, 2005.
M/S/P Johnson/Johnston-to reconsider amending November 1st City Council Minutes.
(Motion passed 5-0)
Amendments to November I"Council meeting will be in bold print.
3. PUBLIC INQUIRIESANFORMATIONAL
A. Public Inquiries
Susan Dunn asked if the Lake Elmo Comprehensive Plan had been submitted to the
neighboring communities and the Met Council. The City Planner responded that the
City's Comp plan had been submitted to the Metropolitan Council and the neighboring
communities, school districts and Watershed Districts. He explained when the Met
Council staff received the Plan for review there were things they would like to see and
found it incomplete... recognizing what they are defining what is complete.
Council member DeLapp asked for a detailed set of minutes of the November 19th
hearing where Council members Johnston and Smith, Administrator Rafferty and Plaruier
Dillerud met the Met Council staff members. He said the purpose of the meeting was to
discuss litigation def ciencies the Met Council staff expected to see in the Comprehensive
Plan.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 2
B. Public Informational
(1) Donation to Lake EImo: Betsy Lundquist
Brad Winkels, President of the Lake Elmo Fire Relief Association,read a letter from the
Lundquist family describing their father,Bill Lundquist, as a man who always wanted to
be involved in his community. Bill Lundquist supported the Lake Elmo Fire Department
` and touted their skill and needs to everyone and made a$20,000 donation to the relief
association.
M/SIP DeLapp/Conlin—to install a plaque of thanks on the wall of the Lake Elmo Fire
4 Station in recognition of Lundquist donation to the Firemen Relief Association and the
community over the years. (Motion passed 5-0.)
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(2) John Elholm—Lake Elmo Park Reserve Master Plan
County Parks Director Jim Luger and Larry Walker,reviewed the Lake Elmo Park
Master Plan draft:that contained additions of a natural & cultural resource
protection/restoration,interpretation, camping, picnicking,water based facilities,trails
(cross country ski trails) (mountain bike) (paved trails), miscellaneous facilities (archery)
(winter recreation)
John Elholm, Washington County Senior Parks Planner, stated that.most of the plan was
based on public comments. Suggestions were approved or rejected based on how well
the proposed item fit into the area and the park's purpose
Mike DeNoma,who lives on Klondike Avenue, said he supported what they have done
but had concerns on who pays the cost of this unimproved road.
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The City Planner responded this is a critical part of the systems plan which focuses on the
Old Village that we never had before. This will be a City project.
Mr. Luger said the County officials are expecting to have a final draft available in early
January with a public hearing tentatively slated for February or March. The County
board will vote on the plan after the public hearing, and if approved,it would be sent to
the Metropolitan Council for review. The reserve is a regional park and as such,the
council works with the county to develop policies that fit into the overall system and its
priorities.
Mr. Elhom said this is really a vision for the next 15 years. There may be nothing
happening even with the plan in place for years. It guides development as funds become
available.
Council member DeLapp asked questions - if there is a provision for ultimate buyout,
what are the current canopy and the proposed canopy. Mr. DeLapp said he received a
letter from Bob Schumacher, Chair of the Lake Elmo Parks Commission, asking where
these trails came from.Mr. Luger said he would take all the questions and add to the draft
which will be made public.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 3
The Council said it appreciated the opportunities for discussion because preserving the
park reserve is a very important item to Lake Elmo.
M/S/P DeLapp/Conlin - to schedule a workshop meeting with our three City
representatives on the Lake Elmo Park Master Plan Draft Committee and extend an invite
to the Parks Commission. (Motion passed 5-0.)
4. CONSENT AGENDA:
A. Resolution No. 2005-128: Approving_Claims
M/S/P Johnson/Conlin -to approve Resolution No. 2005-128, A Resolution Approving
claim numbers 292 through 295, DD573 through DD582, 28269 through 28308 which
were used for Staff Payroll dated November 23, 2005; claims 28309 through 28350, in
the total amount of$448,493.35. (Motion passed 5-0).
B. Resolution No. 2005-130: Statutory Tort Limits on Liability Insurance
The Finance Director reported the City obtains liability coverage through the League of
Minnesota Cities Insurance Trust for buildings and vehicles. The coverage also covers
tort liability. Because of this coverage, the City must decide whether or not to waive the
monetary limits on municipal tort liability as established by Minnesota Statutes 466,04,
He noted that the City has elected not to waive the tort liability and staff recommended
that the City adopt a resolution stating that the City does not waive the monetary limits on
municipal tort liability.
M/S/P Johnson/Conlin- to adopt Resolution No. 2005-130, A Resolution Stating the City
of Lake Elmo Does Not Waive the Monetary Limits on Municipal Tort Liability.
(Motion passed 5-0).
C. 2006 Liquor Licenses
M/S/P Johnson/Conlin -to grant a 2006 On-Sale intoxicating liquor and On-Sale Sunday
intoxicating license to 3M Club of St. Paul (Operators of Tartan Park) and to the Machine
Shed Restaurant by Heart of America Restaurants and Inn.;based on approval of the
Washington County Sheriff's Department. (Motion passed 5-0).
M/S/P Johnson/Conlin -to grant a 2006 On-sale intoxicating liquor, Off-Sale intoxicating
liquor, and On-Sale Sunday intoxicating liquor license to the Twin Point Tavern and
Lake Elmo Inn; based on approval of the Washington County Sheriffs Department.
(Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 4
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D. Resolution No. 2005-129,Partial Payment to Tower Asphalt for Hilltop
Avenue.
The City Engineer reported that Tower Asphalt has completed the 2005 Street Repairs-
Hilltop Avenue. The only work remaining is to make sure the grass seed comes up in the
spring. The City Engineer recommended approval of Partial Payment No. 2 in the
amount of$115,822.71.
MJS/P Johnson/Conlin-to approve Resolution No 2005-129,A Resolution Approving
Partial Payment to Tower Asphalt in the amount of$115,822.71 for work completed on
2005 Street Repairs-.Hilltop Avenue, as verified by the City Engineer in his memo dated
December 1, 2005. (Motion passed 5-0).
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I E. Workers' Compensation for Elected Officials; Resolution No. 2005-140
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i The Finance Director reported Minnesota Statute 176.001 subd.9, (5)provides that
"municipal officers elected or appointed for a regular term of office" are considered to be
employees for workers' compensation purposes only if the City has passed an ordinance
or resolution to that effect. This would provide coverage for elected officials injured
while performing his or her duties.
M/S/P Johnson/Conlin-to approve Resolution No. 2005-140, A Resolution Regarding
Workers' Compensation Coverage for Elected Officials. (Motion passed 5-0).
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5. FINANCE:
A. Tax Levy Adoption:Resolution No. 2005-131
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The Mayor opened up the subsequent Hearing at 8:47 p.m, in the City Council chambers.
There were no comments.
The Mayor closed the Hearing at 8:48 p.m.
The Finance Director provided two resolutions for Adoption of the Final 2006 Budget
and Levy. He reported the 2006 proposed tax rate remains the same as 2005 and reflects
an 11.74% increase in the Levy which is attributed to an increase in property valuations.
Future development related fees accounts for 88% of the total increase in revenue.
M/S/P Johnston/Smith-to adopt Resolution No. 2005-131 Adopting the Final Tax Levy
in the total amount of$21,149,940. (Motion passed 5-0).
B. General Fund Budget:Resolution No. 2005-132
M/S/P Johnston/DeLapp resolution No. 2005-132,A Resolution Adopting the proposed
2006 General Fund Budget in the amount of$3,566,804. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 5
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6. NEW BUSINESS:
A. Out-of-State Travel Policy for City Council: Resolution No. 2005-133
State Statutes 471.661 states that by January 1, 2006, the governing body must develop a
policy that controls travel outside the State of Minnesota for the applicable elected
officials of the relevant unit of government. A draft policy was provided for Council
review.
M/S/P Johnson/DeLapp —to delete"reasonable" and in#6 as amended add after tips
"under $10". (Motion passed 5-0.)
M/S/P Smith/DeLapp - to approve Resolution.No. 2005-133, as amended, the City of
Lake Elmo Elected Officials (Mayor and City Council) Out-of-State Travel Policy.
(Motion passed 5-0).
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire Dgpartment:Promote Mutual Aid.Agreement, Resolution No. 2005-
134
At its November 15th meeting, the City Council delayed action on this item so that the
Fire Chief could provide the March 10, 2005 memo which lists the nine steps needed for
initial implementation. The Council received a copy of this memo.
M/S/P Johnson/Smith- to adopt Resolution No. 2005-134, A Resolution Promoting the
Use of Intrastate Mutual-Aid Agreements. (Motion passed 5-0).
B. (1) Building Department:Update on Building Activities
The Building Official reported there were two new residential building permits issued
and no new commercial building permits for the month of November.
(2) Council Discussion of Side Yard Retaining Wall -- See City Attorney's
Report
(3) Relationship of Garage to Home Size—See City Attorney's Report
8. CITY ENGINEER'S REPORT:
A. Resolution No, 2005-135:Accept Feasibility Report for Phase IV Water
System Interconnect Project and Order Public Hearing
The City Engineer provided and summarized a Water Systems Interconnection Phase IV
Feasibility Report. He said the City has undertaken a project to build an elevated storage
tank at the new Public Works site near the Intersection of Ideal Avenue and TH5. A
trunk water main is necessary to connect the water tower to the remainder of the water
system. He said to accomplish this; a 16-inch water main is required from the water
tower to the intersection of CSAH6 and TH5. This water main would lie in the south
boulevard of TH5. There are a few commercial properties along TH5 that will receive a
benefit and will have the ability to connect to this water main.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6,2005 6
M/S/P DeLapp/Johnson- -to adopt Resolution No. 2005-135, A Resolution Receiving the
Feasibility Report and Calling A Hearing for January 17, 2006 on the Water Systems
Interconnection—Phase IV Project. (Motion passed 5-0).
Council member DeLapp brought up his concern on the City not requiring sprinkling the
buildings because of the interpretation of State Building Codes and Standards. Council
member DeLapp will work with staff on reinstating the sprinkling ordinance.
B. Agreement for Overhead Street Lighting on 10th Street and Keats Avenue
The City Engineer reported Washington County is requesting that the City enter an
agreement to place a street light at the intersection of CSAH10 and CSAH19 near the
entrance to the Park Reserve. Because of the size of the intersection,two lights may be
necessary to adequately light it. He said this is a standard agreement which calls for the
County to prepare the plans and the City to pay for the electricity and maintenance. The
City Engineer recommended approval of this agreement with the stipulation that the light
is a shoe box style or cut-off cobra head that meets City Code.
Council members asked what the basis was for this street lighting request and asked the
City Engineer to go back to Washington County to find out their reasoning and purpose
r behind this request.
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! M/S/P Johnson/Conlin—to direct the City Engineer to contact Washington County as to
basis for determining the need for the overhead street lighting request on 10th Street and
Keats Avenue and bring back the reasoning to the Council. (Motion passed 5-0
C. Revised Authorization for Professional Services: Civil Defense Sirens -
Verbal
' The City Engineer reported the City will provide civil defense coverage to that portion of
the City not presently covered.,in accordance with the Fire Protection Need Study done
by DSU Research dated March 2005. Compensation for the services shall be an
estimated amount of$14,626.
M/S/P Johnson/Johnston-to approve the revised authorization for professional services
for civil defense sirens. (Motion passed 3-2: DeLapp said the numbers of sirens are
excessive, Smith)
9. PLANNING,LAND USE AND ZONING:
A. Final Plat Final PUD Plan and Site Plan—United Properties: Resolution No.
2005-136
The City Planner reported the Planning Commission recommended approval of the Final
Plat, Final PUD Plan and Site Plan submitted by United Properties to crate a 3.7 acre lot
as Eagle Point Business Park 5t"Addition and construct a 30,000 square foot office
building at the northwest corner of Hudson Blvd. and Eagle Point Blvd.
LAKE ELMO CITY COUNCIL MINUTE,S DECEMBER 6, 2005 7
The Planner explained the applicant's graphics and documentation found the proposal
compliant with applicable City Code and PUD Plan requirements and the applicant has
agreed to adjusting the location of the building a few feet easterly (to overcome a setback
variance) and submit a photometric plan for the exterior lighting of the site.
M/S/P DeLapp/Smith-to adopt.Resolution No. 2005-136, A Resolution Approving the
Final Plat of Eagle Point Business Park 5th Addition and a Final PUD Plan and Site Plan
for a 30,000 square foot office building on Lot 1, Block 1, Eagle Point Business Park 5th
Addition. (Motion passed 5-0).
B. 2006-2010 Ca ital Improvements Program CIP :Resolution No. 2005-137
The City Planner reported the Planning Commission conducted the required Public
Hearing on November 28, 2005 and recommended approval of the 2006-2010 Capital
Improvements Program as presented by City Staff. The Park Commission had completed
its review and recommendations regarding the CIP at it November 21 meeting, and those
recommendations were incorporated into the draft CIP presented to the Planning
Commission.
Tom McCormick, 12276 Marquess Way N., questioned the Parks CIP, specifically the
amount allotted for the Carriage Station Park, which would service 110 homes and
approximately 300 children compared to the money budgeted for Heights Park servicing
only 27 homes.
Council member DeLapp said he would support more money designated to Carriage
Station Park.
This agenda item will be discussed at a later Council meeting.
C. Final Plat and Development Agreement:Sanctuary of Lake Elmo,
Resolution No. 2005-138
The City Planner reported Lake Elmo Development Company has provided a Final Plat
and Final landscape plan for this 55/62 lot OP development on 175 acres for which the
Council approved a Preliminary Plat and OP development Stage Plan/CUP on October 4,
2005. He said staff reviewed the Final Plat and construction plans and finds that the
developer has complied with and/or incorporated these specific project design conditions
of the Preliminary Plat approval resolution. He noted that Outlots G through M will not
be legally buildable until such time as the Zoning ordinance is amended to allow 18 units
per 40 Acres in OP projects as prescribed by the adopted Comp Plan. Once the code
amendment is adopted by the City,the owner of the seven outlots will need to have a new
Final Plat approved converting those outlots to buildable lots.
City staff prepared a Development Agreement for the project.
M/SIP Smith/Conlin- to adopt Resolution No, 2005-138, A Resolution Approving the
Final Plat, Final OP Plan and Development Agreement of"Sanctuary of Lake Elmo".
(Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 8
D. CDBG Application; Resolution No. 2005-139
The City Planner reported Washington County is soliciting 20006 CDBG applications
from communities. To date the City has received CDBG contract obligations totaling
$120,000 for the Cimarron Gas Service Replacement Program. He said that program is
underway, with eligibility interview complete for the initial block of 200+homes and out
of that group, 62 homeowners have been interviewed and as many as 54 will be eligible
for grant assistance. Work will commence on those homes in early 2006.
The Planner explained depending on the outcome of the re-solicitation of bids for the
work,it appears that the $120,000 now under contract will be sufficient'to complete the
work on well under 100 homes. He suggested the Council consider again applying for
CDBG funding to both inspect the balance of the CDBG units and to provide further
grant funds for additional eligible home owners from the Phase 1 group and the group
that results from the additional inspections. A suggested$80,000 is applied for from the
2006 CDBG program.
M/S/P Johnston/Johnson- to adopt Resolution No. 2005-1391 A Resolution Approving
the City's 2006 CDBG application. (Motion passed 5-0).
10. CITY ATTORNEY'S REPORT:
f A. Council Discussion Public Communication Personnel Issues—Council
Member Johnson—verbal
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With the variety of meetings we have, Council member Johnson voiced her concern that
many times they talk about situations in the City and try to identify what has been done
or not done, and sometimes come close to violating personnel laws in questioning staff
performance rather than generalizing. Attorney Filla explained from a legal standpoint
employees are entitled to a performance evaluation at a non public setting. If you step
over the line,the rights of the employee are not being upheld.
B. Update on Closed Meeting
Attorney Filla reported on the closed meeting where he met and talked about issues in the
Sessing lawsuit,things that should be expanded in the lawsuit and things that came up
that the Council thought should be discussed at a public meeting such as:
(1) Size of Garage to Residential Dwelling
(2)Allowed Uses for Side Yard Setback
(Please refer to the December 5,2005 letter from Jerry Filla, which is made part of these
minutes, for his review on these sections of the code.)
Size of Garage to Residential Dwelling:
Attorney Filla summarized the information he stated in his letter dated December 5,
2005. He also stated that based on information he has shared in the past,terminology in
the code book is inconsistent or not clearly defined in regards to accessory building,
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 9
accessory structure,dwelling unit, garage and the definition of total square footage of a
dwelling area.
What we need to figure out is the actual usage of the garage area and then can start
making comparisons in terns of square footages, one to another. Also need to figure out
if the accessory building is intended for the storage of passenger automobiles, as then it
cannot exceed 1000 square feet. Currently the City does not know how much is intended
for use of passenger automobiles.
The Council took no further legal action in regards to Size of Garage to Residential
Dwelling at this time. The council identified that in the future we need to fix the code
and this item should be added to a Council Workshop meeting.
Allowed Uses for Side Yard Setback:
Attorney Filla summarized the information he stated in his letter dated December 5,
2005. Personal recollection, when the City Council adopted resolution 99-37, it was
because they were being asked to expand the definition of landscaping to include
fieldstone as a form of ground cover and landscaping. It was not presented to the City at
this time as an overall drainage plan. The code is clear that the property owner needs to
maintain the side yard setback area in an attractive and well-kept condition. It appears
that the materials currently there are not maintained in this manner.
Mayor Johnston stated that the City has a responsibility to manage run off and grading
and implied in that responsibility is an authority to manage things that affect grading and
run off. In his opinion, whether a retaining wall is put in with or without approval, it has
an impact on grading and the City has the authority to control grading and control run off
and it is quite clear that the retaining wall was put in without authorization and in fact has
a detrimental affect on run off and the City should be requiring that the retaining wall be
removed.
Council member Smith pointed out that the property owner has stated verbally and it is in
writing that the structure we have been referring to is a retaining wall.
Attorney Filla stated that in this case the City would be hard pressed to say that the
property owner could not use fieldstone on this property. He said that he didn't believe
draintile was a permitted encroachment in the side yard. He said the City is on very
weak grounds regarding size of garage to residential dwelling and the Council needs to
tell staff what regulations they want to see regarding garage size versus house size. Then
staff can tell the Council how to fix the code.
Council and attorney discussion identified that there are four primary items in the motion
that encompasses all that was stated: Pet containment system that crosses over the
property line; retaining wall, drainage system; and the berm.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 10
M/S/P Smith/Johnston- to direct the staff to take enforcement action against the property
owner of 5699 Keats Avenue by requiring all four illegal structures need to be moved to
the required 10' side yard setback: the pet containment system, retaining wall, drainage
system and manmade berm,the natural drainage pattern needs to be restored and a.legal
landscape material used in the required side yard setback (sod, seed,mulch and
plantings); the removal of the structures and restoration of natural grade along with
appropriate landscaping needs to be done from the screening structure on the east to the
end of the retaining wall on the west. The 4"drainage pipe that runs under the driveway
and is laying in the required 10' side yard setback needs to be removed and that water
needs to be redirected to stay on the Sessing property. (Motion passed 5-0.)
Attorney Filla also noted that the property owner had been instructed to install gutters and
change the drainage so that it goes across the driveway to the southeast. As of now, the
property owner has not done as directed. The Council said they would take a wait and
see what happens on this.
Joan Ziertman said it had been discussed at a previous Council workshop and she would
like to know what the legal bearing would be that the inspector interpreted the code for
23 years that you cannot have more garage space than the size of the principal building.
She felt this needed further discussion. Mayor Johnston responded that the City Attorney
has interpreted the code,that there is no legal basis,and the City has to fix this section of
the code.
i 11. CITY ADMINISTRATOR'S REPORT:
A. Snowmobile Ordinance: Ordinance No. 97-164
The Administrator explained he had a visit from the homeowner and the.snowmobile
problem has not been eliminated. The City has to have this ordinance in place in order to
be enforced by the Deputies and recommended passing the ordinance.
Valdi Stefenson,representing two organizations the Stillwater Snow Lords and Star Trail,
said they were in opposition to adopting this ordinance as this would be bad public policy
to make a revision upon one single complaint. This ordinance will negatively impact
other residents and is much stricter than state or county regulations. He said it was his
understanding that the problem with the affected homeowner was resolved by moving the
trail.
M/S/P Johnson/Johnston--to adopt Ordinance No. 97-164,A Snowmobile Ordinance.
As presented. (Motion passed 3-2: Conlin,Johnson).
Council member Conlin voiced her concern that in her neighborhood a snowmobile could
be within 50' of a residential dwelling not owned by the operator and still be on her
property because her lot is only 95' wide.
Attorney Filla said this is a common problem and asked where you draw the line. He said
it's difficult to craft an ordinance to fit all neighborhoods.
LAKE ELMO CITY COUNCIL,MINUTES DECEMBER 6, 2005 11
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M/S/P DeLapp/Johnston-to reconsider the motion, (Motion passed 5-0).
The Council tried to develop language that would meet the needs to insure the safety
issue to children and prevent snowmobiles being a nuisance, but was not successful.
M/S/P Johnston/Johnson -to table this agenda item until the December 20th Council
meeting. (Motion passed 5-0).
B. 3M Park Donation—Verbal
The City Administrator reported he, Chuck Dillerud, and Tom Bouthilet had a meeting
with staff members from the City of Oakdale regarding the donation by 3M announced in
the newspaper. He said it was a positive discussion and it was made certain that a
donation of this sort would be a joint venture. They set the right tone and plan for the
future in how this facility might mature into a park with a partnership, The Oakdale City
Administrator will go back and discuss with its leadership in Oakdale. He said he has met
with 3M representatives as well.
Council member Johnson stated the City had not approved any partnership before the
announcement in the newspaper. Council member DeLapp stated that a community
playfield in this area was never part of our park plan. He said the City would be heading
in the wrong direction because the plan was to centralize the bail fields in the Old Village
area.
12. CITY COUNCIL REPORTS
Council Member Johnson thanked Mike Bouthilet and staff for their quick response in
repairing the waterman that burst after all the snowplowing they had done.
Council adjourn the meeting at 10:56 p.m.
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Respectfully submitted by Sharon Lumby, City Clerk
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 12
AMENDED &APPROVED: MARCIA G, 2006
City of Lake Elrno
City Council Meeting
Minutes of January 17, 2006
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m, with the Pledge
of Allegiance. COUNCILMEMBERS PRESENT: Smith, Johnson,DeLapp, and Conlin. STAFF
PRESENT: Administrator Rafferty,Planner Dillerud,Finance Director T. Bouthilet, Building Official
McNamara,Superintendent M.Bouthilet,Chief Malmquist, and Recording Secretary Schaffel. ALSO
PRESENT: City Attorney Filla and City Engineer Prew.
1. Agenda
The Administrator asked to add I IE-Verbal Report on Oakdale Joint Park. Fire Chief asked to add
7C-Fire Department Updates. The City Attorney asked to speak about Systems Statement-9D.
Councilmember DeLapp asked to talk about Chris Georgacas' comments at Boutwell's Landing last
week under 9E and also for the Sprinkler Ordinance and about sprinkling the new Maintenance Shop
as 7D-Sprinkler/Maintenance Shop. The Mayor asked to add the Presentation of the Plaque to Gloria
Knoblach-3A.
M/S/P,Johnson/Conlin To approve the Agenda as amended. VOTE: 5:0.
2. Minutes
a. December 6,2005
F M/S/P,Smith/Johnston, To postpone the Minutes of December 6,2005 for two weeks because
Councilmember Smith's is missing one sheet from an attached document and there are several
inaccuracies.
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The Mayor agreed more time was needed. VOTE: 5:0.
b. January 3,2006
Councilmember Conlin asked for a change to Page 2 under Public Inquiries Animal Control.
Change to comment of"what she called untruths." Page 7 is confusing because she
understood the wording in the.center paragraph by Councilmember Smith regarding imposing
fees, actually became part of the paragraph amended by the remedial measures document by
the City Attorney. She would like that to be evident in the minutes. Councilmember DeLapp
asked to Page 6, 3rd paragraph, add words from resident Sue Dunn where she addressed the
need to modify the Village Master Plan and add"include sparing trees in our urban forest."
Councilmember DeLapp said the next two pages are a series of one liners and then a
resolution. Staff should work to incorporate the one liners into something meaningful,.to work
as a team.
M/S/P,Johnson/Conlin, To approve the Minutes of January 3, 2006 as amended. VOTE: 5:0.
3. Public Informational
a. Presentation to Gloria Knoblach
M/S/P,Smith/DeLapp,To authorize the Mayor to sign the plaque and present it to Gloria
Knoblach in recognition of spearheading the Friends of Lake Elmo Library resulting in the
library returning to Lake Elmo. VOTE: 5:0.
Lake Elmo City Council Minutes of January 17,2006 3
AMENDED &APPROVED: MARCH 6,2006
b. Lake Elmo Jaycees Donation
Administrator Rafferty introduced representatives of the Lake Elmo Jaycees who donated
proceeds from fundraising. Jaycees' President Josh Ackerman and Michelle Carlson presented
a donation in the amount of$10,000.00. The Mayor thanked the Jaycees and said the City will
use part of the funds for the Staff and Volunteer Recognition Dinner.
4. Consent Agenda
a. Approving Claims
b. Trade-in 321 Case Loader for 580 Case Backhoe
1. Resolution No. 2006-007
2. Resolution No. 2006-008
M/S/P, To adopt Resolution No. 2006-008 approving claim,
M/S/P,Johnson/Conlin, To approve 4A.1 and 4C on the Consent Agenda.
Councilmember DeLapp said gas should be purchased downtown. The Finance Director said
the Building Department fuels up at the other station, and they will be notified,
VOTE: 5:0.
M/S/P, Smith/Conlin, to Approve 4A2 on the Consent Agenda. Councilmember Johnson
recused herself. VOTE: 4:0:1 Abstain: Johnson.
e. Pay Scale Adjustment
M/S/P,Johnston/Smith, To adopt the 2006 Employee Pay Plan.
Councilmember DeLapp said City employees might be getting disproportionate 'increases.
The City used to use the Stanton Survey of comparable cities to determine increases. The
Mayor said he agrees but said we should approve this increase tonight, and later determine
whether this is how we wish to continue the method of compensation for staff.
VOTE: 5:0.
5. Finance
None
6. New Business
a. Organizational. Planning Commission Appointments
The Administrator explained the appointment process for commissioners. Council conducted
interviews of commissioners with more than two terms along with new applicants at their
workshop last week.
M/S/P,To reappoint Mark Deziel and Jennifer Pelletier to a second term on the Planning
Commission for 3-year terms that will expire on January 16, 2009.
Motion, Councilmember DeLapp asked for an amendment to include reappointment of
Commissioners Helwig and Sedro. FAILED FOR A SECOND.
VOTE: 5:0.
Lake Elmo City Council Minutes of January 17,2006 4
AMENDED & APPROVED: MARCH 6,2006
Councilmember DeLapp objected to the practice of one Planning Commissioner who argues
strenuously during discussion and then abstains during the vote.
Motion,DeLapp, To reappoint Commissioners Helwig and Sedro to the Planning Commission
for additional 3-year terms that will expire on January 16, 2009 because of their near perfect
attendance,Bob Helwig's being elected chairman three times, and because Kathy Sedro brings
well considered argument to the table. FAILED FOR A SECOND.
The Council cast ballots. Councilmember Conlin encouraged two applicants who will not be
appointed tonight to reapply when an opening arises. Councilmember DeLapp asked for
minutes or tapings of the Council Workshops in the future.
Administrator Rafferty tabulated the ballots and reported the vote:
Helwig-3 votes
Sedro-3 votes
Park-1 vote
McGinnis-3 votes
Nicole Park was eliminated for lack of votes.
A second ballot was taken to choose two of the three applicants who tied with three votes.
Helwig-4
Sedro-3
McGinnis-3
f Bob Helwig will be reappointed.
A third ballot was taken to choose one of the two applicants who tied with three votes.
McGinnis-3
Sedro-2
M/S/P,Johnston/Conlin,To reappoint Bob Helwig to the Planning Commission for another 3-
year term that will expire on January 16, 2009.
VOTE: 5:0.
M/S/P,Johnston/Johnson,To appoint Laurie McGinnis as Second Alternate to the Planning
Commission. 4:1 Nay-DeLapp,
The Mayor said Ms.McGinnis is in transportation planning, she is very well qualified, and we
have problems with traffic in our City,
M/S/P,Johnson/Johnston,To appoint Julie Fliflet as Full Voting Member and Bob Van Zandt
as First Alternate Member of the Planning Commission. VOTE: 5:0.
M/S/P, Conlin/Johnson,To grant Laurie McGinnis a requested leave of absence from the
Planning Commission until she completes her Masters Degree in June 2006. M/S/P,
DeLapp/Smith To amend to direct staff to ask Kathy Sedro to fill Laurie McGinnis' place on
the Planning Commission until Commissioner McGinnis comes onto the Planning
Take Elmo City Council Minutes of January 17,2006 5
AM NDED &APPROVED: MARCH 6, 2006
Commission.'VOTE to amend: 5:0. VOTE: 5:0.
b. Organizational: Parks Commission Appointment
M/S/P,Johnson/Smith, To reappoint David Steele to the Parks Commission for a 3-year term
that will expire on January 16, 2009.
Councilmember DeLapp said David Steele does a good job, is active, he cares, and he
participates. VOTE: 5:0.
c. Mayor—Four Year Term
Administrator Rafferty explained that the City has only received the opinions from eleven
respondents to date. The Administrator recommended adding the question to a survey
document in the February Newsletter in hopes of collecting more data.
M/S, Johnson/Johnston,To put the question of Mayoral Term in survey form in the February
Newsletter in hopes of receiving more public input,
Councilmember Johnson said people wanted a more formal process. Councilmember Conlin
said this has come before the Council several times, and we can keep asking until we get the
desired outcome. The Mayor said he is in favor of not having a survey. MOTION AND
SECOND WITHDRAWN.
M/S/P,DeLapp/Conlin, To continue the two-year term for Mayor in Lake Elmo.
The Mayor explained his reasons for wanting a change to four-year term including continuity
of leadership, encouraging good candidates, and implementing the Comprehensive Plan and
dealing with the Metropolitan Council. Councilmember Smith said 95% of residents who
contacted her do not support a four-year term and a good mayor will be,reelected.
Councilmember Conlin said two years gives voters the opportunity to affect change on the
Council if they see something they don't like. Councilmember Johnson said she got a 50-50
response talking to voters. She supports four years for continuity and for the implementation
of the Comprehensive Plan, The Mayor said he thinks the question is being asked in the
wrong way. Councilmember DeLapp said the City remains politically polarized because there
are big decisions to be made.
VOTE: 3:2 Nay-Johnson/Johnston.
7. Maintenance/Park/Fire/Building
a. Maintenance Department—Gen Set(Generator)
Superintendent Bouthilet explained the difference in voltage for the new building and the cost
effectiveness of getting the permanently mounted generator at a discount of about$10,000.00.
He said the problem with renting is having a wired facility for it. Administrator Rafferty said
the original plan included a rollup generator. We are looking at a change in design of the
building that in the long-term would be better for the City. He said in a regional outage, we
would have the new building operational for the crisis,
Councilmember Johnson asked why the MAC made no recommendation. Superintendent
Bouthilet said they discussed it. MAC Chairman Talcott inquired about amperage and voltage
for the new building.
Lake Elmo City Council Minutes of January 17,2006 6
AMENDED & APPROVED- MARCH 6,2006
M/S/P,Johnson/DeLapp,To send this request to MAC for a formal recommendation.
Councilmember DeLapp was concerned why we had to have 480. He asked if this were a
potential emergency shelter space, what special safety precautions and other provisions for an
emergency facility are in this building?
VOTE: 4:1 Nay-Smith wanted to move forward with the purchase of the Gen Set,
b. Update on Building Department Activities: Jim McNamara
The Building Official presented the Summary Building Report for the Month of December and
Year Ending 2005.
c. Fire Department Update: Greg Malmquist
The Fire Chief said they had one applicant for safety officer,performed an interview with the
District Chiefs, and Barnie Sachs was appointed unanimously.
I M/S/P,Johnson/DeLapp, To approve Barnie Sachs as Safety Officer for Lake Elmo Fire
Department. VOTE: 5:0.
i
The Chief reported the Fire Department collected.$745.53 in red kettles at Hagberg's for the
Salvation Army. The Chief said they are looking at the process for hiring firefighters: they
are recruiting for Lake Elmo residents and particularly for day firefighters at this time.
d. Sprinkler Ordinance//Maintenance Facility: Councilmember DeLapp
Councilmember DeLapp said there is no reason to sacrifice lives when a sprinkler system in
our new Maintenance Facility could protect our firefighters. He thought our new Maintenance
Building had a sprinkler system, especially since it is so close to the new water tower.
E
M/S/P, Conlin/Smith,To direct staff to bring the topics of the Sprinkler Ordinance and
sprinklers for the Maintenance Facility to the Council Workshop in February.
The Building Official said the type of building and its classification, its occupancy and what it
is constructed of would not require this building to be sprinkled.
The Fire Chief said that working with City Code a couple of years ago,the state would not
accept the wording of our Code and that is where it remains today.
VOTE: 5:0.
8. City Engineer's Report
a. Public Hearing: Water Systems Interconnection Phase IV Project. Resolution No. 2006-09
Ordering Plans and Specs
The City Engineer explained Water Interconnect Phase IV. The total cost of this phase is
$490,000 which has already been bonded for. Hookup would include the 3M parcel, Prairie
Ridge and Animal Inn.' The appraiser was asked for the benefit to the seven properties in that
area. City Engineer Prew said nobody petitioned for this project.
Administrator Rafferty said discussions with 3M resulted in the understanding they will pay
their share of$124,020. Engineer Prew said we are not forcing a hook up but residents will
Lake Elmo City Council Minutes of January 17,2006 7
4
AMENDED & APPROVED: MARCH 6, 2006
have to pay for the increase in property value. If the project is approved tonight, we will begin
construction in April 2006,
THE MAYOR OPENED THE PUBLIC HEARING AT 8:40 P.M.
Jill Smith,3M Real Estate Department
Ms. Smith asked Administrator Rafferty who he spoke to at 3M about this project. She said
she is interested in the process of determining benefit to property owners, and why the 3M
parcel was different. She would like to see that assessment. She said their property is not
zoned commercial at this time, and she would like to see how that worked. She asked if
MUSA is planned for that parcel. She asked the process for hooking up in the future. She
asked how interest is determined.
Engineer Prew said the assessment was per acre. The Mayor said MUSA is not planned for
the next 25 years in that area. Engineer Prew said generally a second hearing is held for
assessment,repayment term, and interest.
Dennis Ostrander
Dr. Ostrander is the veterinarian whose hospital sets back by Animal Inn. He said there is an
assessment on an easement access. He asked if there is any legal recourse if he does not want
the water.
The City Attorney explained this is not a special assessment hearing, this hearing is to
determine whether to go ahead with this project. Anyone proposed to be assessed, will get a
notice before that hearing. Generally if someone is not assessed and hooks up later they pay a
connection charge equal to what the assessment would have been. If it is specially assessed it
will be on the tax rolls accruing annually.
THE MAYOR CLOSED THE PUBLIC HEARING AT 8:47 P.M.
Councilmember DeLapp said we have to do this project for our water system but people
should not have to pay for water they don't want or need.
M/SIP,Smith/Conlin, To adopt Resolution No. 2006-09, A Resolution Ordering Improvement
and Preparation of Plans for the Water System Interconnection Phase IV Project.
Councilmember DeLapp said it is critical for people coming to a hearing to know what we
plan to assess them. The City Attorney said the City should withhold the size of assessments
until all the facts are gathered.
VOTE: 4:1 Nay-DeLapp,
THE MEETING RECESSED FOR FIVE MINUTES AT 8:51 AND RECONVENED AT 8:56
P.M.
9. Planning,Land Use & Zonin
a. AustadlPierre/H'urt— Wastewater Treatment
The Planner explained that three properties have a history of septic system problems. The
'E property owners engaged a septic designer to look at the DeMontreville Wildlife Area as well
as a second area when the first did not come out as well as hoped. It would be constructed by
Lake Elmo City Council Minutes of January 17,2006 8
AMENDED&APPROVED: MARCH 6,2006
the property owners' construction firm and inspected and maintained by the City. The City
Engineer would work with the owners' engineer with regard to some mechanical functions.
Regardless of cost,it would be the responsibility of the property owners to pay the costs and
then turn it over to the City.
Councilmember Conlin asked if there was an analysis done to charge the same as for the 201
Systems. She suggested taking a look at what the appropriate amount will be for maintaining
this system after construction if it goes forward. The Planner said Superintendent Bouthilet
can Iook at it.
M/S/P,Johnson/Johnston,To approve the plan for wastewater treatment to serve the Austad,
Pierre,and Hurt properties per plans staff dated January 12,2006 subject to the
recommendations of the City Forester(landscape screening)and the City Engineer(system
design). The property owners will pay the entire cost of the system and City construction
inspection costs, and agree to pay City wastewater fees in an amount to be determined and in
the same manner as properties connected to the City's 201 wastewater systems, conditional
upon a written agreement with the property owners and the City prior to commencement with
construction.
The Administrator said the owners will not have to pay for the use of the park land.
Councilmember DeLapp said they should have to pay whatever the land is worth.
Councilmember Smith said she thinks these property owners were unsuspecting victims. Now
k we are trying to solve a problem in the best way possible without getting Oakdale sewer.
Dave Austad
Mr. Austad said they did not know the problem with the land when they bought it. The
' Council could have gotten the other land by eminent domain but they didn't do it. At some
F point he and his neighbors are going to run out of money. This plan is more costly than going
to Oakdale for sewer.
Councilmember DeLapp said they should get rid of the mounds in the front yards to bring
them back into the character of the neighborhood.
Mr.Austad said MN Rule 7080 says they have to follow rules for abandonment of a septic
system. If it costs $50,000 to change the yard, they may not be able to do it.
f
The Mayor asked the City Attorney whether they could include a land charge and forgive it in
the future. Mr.Austad would not object.
Councilmember DeLapp said that part of the cost was land acquisition when we built 201's.
We should incorporate the park land into the costs here. In the event the lawsuit is successful,
the damages could be incorporated. Mr. Rooney,Mr. Austad's attorney,said they cannot
contrive to add fees to this lawsuit. Provisional costs would complicate the situation.
Councilmember Conlin called the question. VOTE: 4:1 Nay-DeLapp.
The City Attorney will come back with the agreement for Council review and approval prior to
construction.
Lake Elmo City Council Minutes of January 17,2006 9
AMENDED & APPROVED: MARCH 6,2006
b. Appeal of Administrative Determination, Gorman's Restaurant
The Board of Adjustment and Appeals reviewed the appeal by Ed Gorman to allow a drive up
window at Gorman's Restaurant. The Planner explained the request for a minor addition for
carryout orders. City Code prohibits drive through facilities when related to a restaurant in the
GB District.
The Mayor opened the hearing of the Board of Adjustment and Appeals at 9:31 pan.
Ed Gorman said he purchased the restaurant 26 years ago. He said he disagrees with the
Planner's findings because he already has take out food. Adding 200 square feet will not make
his restaurant fast food. He feels the Code is open to interpretation. He wants the change in
order to facilitate the pick up business and perhaps sell more coffee. The Health inspector
approved the plans and their classification for his restaurant does not change. He spoke to all
abutting property owners and received 100% support. He also supports that fast food should
not be allowed. Language could be added to not allow fast food within a specific square
footage of a school, park, or church. He said the coffee shop approved next door to him last
year did not include a dishwasher. A drive through bank will not give you a loan at the
window. All menu items will not be available at the window in his restaurant. He wants to
take good care of his customers. In the old days,he said you could only buy gas at Lake Elmo
Oil. Now you can buy food, groceries and sundry items. He would like the ability to grow his
business in the same fashion.
Councilmember Conlin asked about outside menus. Mr. Gorman said he wants a small order
station for coffee 4 X 4, lighted indirectly during open hours. Councilmember Conlin asked
about traffic concerns.
The Mayor said the ordinance is written to prohibit drive-throughs but he thinks it was meant
to prevent fast food restaurants. He would like to consider a change to the ordinance without
opening the door to a fast food restaurant. Could we use Mr. Gorman's recommendation or
some other tool without opening the door for fast food. The City Attorney said yes but not
tonight. He said he thinks it is a legislative solution. He said Council can do it by definition
of a restaurant and drive-up as opposed to drive through. He said there could be concerns for
traffic on site and concerns for safety. The Code can clearly distinguish it from a fast food
restaurant.
The Mayor closed the hearing at 9:44 p.m.
Councilmember Smith liked the idea of being able to drive to a service window for safety and
convenience reasons. Councilmember DeLapp wrote the ordinance. He said now times have
changed and it is reasonable to discuss today's intent. Councilmember Conlin said cafes and
restaurants are limited to full service table operations but it does not say drive up not allowed.
She recommended having the Planning Commission review it and Councilmember Smith
agreed.
M/SIP, Smith/DeLapp, To support the administrative decision that no building permit be
issued for the drive up modification not the restaurant per the terms of the GB zoning district
that allows only "full service table operations."
Councilmembers DeLapp and Smith said they want the Planning Commission to find a sound
Lake Elmo City Council Minutes of January 17,2006
10
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AMENDED & APPROVED. MARCH 6,2006
method and process to allow a pick up window for full service restaurants while excluding fast
food.
VOTE: 4:1 Nay-Conlin she would have voted to approve the appeal and then ask the
Planning Commission to review it.
The Planner will bring it to Planning Cotmmission in February and return to Council with it by
the end of February.
c. Appeal of Administrative Order—Rod Sessing
The Planner said the Building Official ordered modifications requested by City Council to The
Sessings. The Board of Adjustment and Appeals will review the appeal by Rod Sessing of an
order to relocate a pet containment system,retaining wall, drainage system, and man-made
berm to the 10 feet setback line and to restore natural drainage and landscape material with all
run off to remain on the Sessing property.
I
The Mayor opened the hearing at 10:00 p.m.
Rod Sessing,5699 Keats Avenue
He said he received the letter from James McNamara, and was astonished that all of these
items are structures. He read the code definition for structures. He particularly disagreed that
a pet containment system is a structure. He said the sloped berm was approved by the City
when the pole building was constructed, and that slope offers insulation to frost footings. He
said that Torn Prew told him that grading permits were never issued for residential properties.
Two small spots of erosion on his property in the past,resulted in his putting in the drain tile.
Neighbors allowed storage of the stone on their property for 30 days while work was
I completed. In 1998,the complaint was satisfied. In 1999,the fieldstone was alleged illegal
E and the Council created a resolution to allow it. Those items were not illegal then,yet now
they are. He said a Grading Plan was submitted in 2004, yet the City never required one from
a residential property before. 2.5 weeks later the Grading Plan was approved. The plan shows
the 6X6s, the drain tile,and fieldstone. It was all approved. All of a sudden it has become a
structure. He turned in a letter to the City with a statement from a certified civil engineer that
there is less water moving off his property now than before the grading. He installed electrical
fencing over the entire 11.5 acre parcel. There was never a problem with the location of the
fencing during all the discussion of electronic fencing. He said the City allows The Ziertmans
to have an electrified three feet fence, and there is a sign that says it is electrified. He said that
is illegal. His wife moved their home occupation off site. He said the City shut down his
business but allow The Ziertmans to have retail sales on their property. He asked how much
money the City will waste on this. Now you want me to move dirt approved in two separate
years. Now electric fences can't be there. Now the Code allows a solid stone fence on the
property line but the City won't allow the six-by-six retaining wall that was approved in 1998.
He pulled Building Permits as they were needed. Council wants him to move the dirt and not
put the fieldstone back in,but the resolution of 1999 specifically allowed it. Culverts are
greater structure than 4"pvc pipe that functions to keep water on his property. The City
should not go back on their word. There is no statute of limitations for grading. If the Council
sends it to court they let the residents pay more. Mr. Sessing distributed pictures of what he
said were retaining walls within setback areas all over Lake Elmo.
Joan Ziertman
Lake Ehno City Council Minutes of January 17,2006
11
AMENDED &APPROVED: MARCH 6,2006
Mrs. Ziertman said this is fifth time she has spoken to Council on this issue. Council gave
correction order. She said it is not subject to appeal because it is not an administrative
directive, so it is not subject to appeal. She said misinformation was given by Mr. Sessing.
She said she came to the City over one year ago. Meetings and hours of testimony resulted in
this directive. Mr. Sessing has never said he meets the Code. She asked the Council to ask
Jerry Filla to add these to the complaint at Washington County. She said they did not move
the business. There is still storage onsite. She said nobody wants 600 feet of PVC pipe down
their property line. It is a structure that was constructed and it runs in and out of their
property. She said the Code allows for retaining walls and landscaping of sod, seed, mulch
and plantings. Everyone sees it is not a fence. It is not a fence based on Jerry Filla's
definitions. She does not want to argue it again for a fifth time. With all the drainage issues,it
has to be fixed. Mr. Sessing should not be allowed to do what nobody else is allowed to do.
Fieldstone resolution was suspect because it was based on a Code that was going to be
changed but never was. If he has to remove all of it to repair the grading, then Council has to
give permission again. He should not be allowed to have permission a second time for
something that never should have been allowed the first time.
The Mayor closed the hearing at 10:17 p.m.
Councilmember DeLapp asked if this is a viable hearing. Is the storage and business out of the
house? Is the electric fence illegal or relevant? Is what we are doing permissible from a legal
standpoint?
Councilmember Smith said the Council has gone through this over and over, and we have seen
the pictures. We had no appeal for the drainage and gutters so she is not sure it is justified.
She said the pictures submitted are worthless because there are no measurements.
M/S/P, Smith/Conlin, To deny the appeal and move forward and add the four items to our
lawsuit.
Councilmember Conlin asked if this appeal is justified. Give the applicant the chance to
appeal and make a decision.
Councilmember DeLapp asked if we learned something that we did not know before. He
made the motion for that past resolution.
Councilmember Smith said a motion was made to use it as a landscaping material not for a
retaining wall. There is no documentation for it. She called into question the validity of the
Resolution because it was never published.
Councilmember DeLapp asked if the motion he made then was for approval of fieldstone
landscaping. The City Attorney said Mr. Sessing did not add any more after that. He does not
recall photographs from that time and the minutes don't reflect it. There was also an issue of
erosion that this landscaping was going to correct.
The Mayor called the question. VOTE: 4:1 Nay-DeLapp He said his was a throwaway vote,
and he is not convinced we have thoroughly addressed all the issues. He thought he saw
photographs of it seven years ago.
Lake Elmo City Comicil Minutes of January 17,2006
12
AMENDED &APPROVED: MARCH 6, 2006
The City Attorney will make an amendment to the lawsuit for six additional issues.
d. Systems Statement
The Planner and City Attorney explained the City and Met Council met a few weeks ago with
regard to our concerns expressed in our System Statement such as the Park and Ride specifics
the City objects to and the classification of the City in map and text regarding non-sewered
areas of the City.
Councilmember DeLapp left the table at 10:32 p.m.
Councilmember DeLapp returned to the table at 10:33 p.m.
The Planner said that what arrived late Friday was an example of what was done in the City of
Shorewood. His reaction is a statement from Met Council Staff Attorney, it is more than we
have right now and more than we might expect fromm the committee. If we accept this we
would agree, and it would never come to the Met Council. We are not going to convince the
Met Council Staff that the MOU has no significance. They want us to waive the rest of the
hearing process in return for a directive from the staff attorney.
M/S/P DeLapp/Johnson To work with the Administrator and City Planner to draft a document
to accept the City Attorney's recommendation to stipulate by the Attorney for Met Council
Staff
VOTE: 5:0.
e. Boutwell's Landing Speech by Chris Georgacas
Councilmember DeLapp said Mr. Georgacas refused to answer questions posed by Anne
Smith. The point he made clearly was that cities have the obligation to maximize profits for
developers and builders and if they don't, the Met Council is ready to step in and do it for
them.
Mr. Georgacas will attend the Council meeting on February 7th. Councilmember DeLapp
recommended adding it to the newsletter or taking out an advertisement in a newspaper. Staff
and the Mayor will get together to determine how to get an interview for the newspaper.
10. City Attorney's Report
None
11. City Administrator's Report
a. Appointment of Fire Chief to Full Time Status
Administrator Rafferty said the City has reviewed the necessity to hire a fire chief to
financially manage the fire operation more closely,to maintain equipment, and to manage the
thirty member fire department. There has been significant reorganization of the depand
planning for the future by the consultant. The CEP has the funding for it. ft will save money
over the next year.
M/S/P,Johnson/Conlin,To hire Gregory Malmquist as the full time Lake Elmo Fire Chief as
of Wednesday, January 18, 2006.
Lake Elmo City Council Minutes of January 17,2006
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AMENDED &APPROVED: MARCH 6, 2006
Councilmember Smith said she holds the fire department and chief in high regard. She feels
fiscally irresponsible at this time because we have not grown in the last two years. She would
like to see the financial figures that support this appointment.
Councilmember DeLapp completely agrees, about 90% of all the calls are not for fires but for
ambulance service. If given the choice, we would have an ambulance service here. We ought
to have more information and a thorough workshop on it.
Councilmember Johnson said the previous council studied fire and didn't do anything. She
said a few things this position will handle are the Fire Study, the Maintenance Facility, and
daytime coverage. She said the Council has to move forward on recommendations from
studies that we have known about for more than ten years.
Councilmember Conlin agreed and did not understand the request for more information. She
said it should have been asked a long time ago. Planning is going to be crucial for a well
thought out safety plan for the City.
Councilmember DeLapp said he would vote for half time but not full time.
Councilmember Johnson there was a Council Workshop and if more information is needed, it
should be requested in a timely fashion.
VOTE: 3:2 Nay-Smith/DeLapp.
b. Begin Hiring Process on Assistant City Planner and City Engineer
M/S/P, Johnson/Johnston,To direct staff to begin the hiring process for an Assistant City
Planner and a City Engineer. VOTE: 5:0.
c. Set date for Council/Parks/Washington County Technical Committee Meeting
The Councilmembers will e-mail availability.
d. Fire Department Operational Policy Manual
M/S/P, ConlilVDeLapp,To appoint Councilmember Johnson to work with the Administrator
and the Fire Chief in the on-going development and modification of the LEFD Manual.
VOTE: 5:0.
e. Lake Elmo Oakdale Playfield
Administrator Rafferty reported that at a work session last week, Lake Elmo staff met with
Oakdale staff. Lake Elmo's vision of a jointly owned and operated park did not.meet Oakdale's
vision. Lake Elmo Staff expressed concerns with how a joint organization would function,
maintenance questions, the composition of the organizational structure, and design of the field. A
representative from Parks and the Council should be in on the initial design and then that would
dissipate into administrative staff to manage this thing.
The Mayor suggested that Councilmembers Conlin and DeLapp would be good reps for that
board.
Councilmember Conlin said she wants to go through the processes and steps properly, and she
i
Lake Elmo City Council Minutes of January 17,2006
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AMENCDED & APPROVED: MARCH 6, 2006
would not be able to sit on that board. Councilmember DeLapp said he has very serious
reservations. Councilmember Smith volunteered to serve on that committee.
Motion, DeLapp To go forward with investigating this type of plan and appoint Councilmember
Smith to participate in any discussions and to keep an eye on this project. FAILED FOR A
SECOND.
Motion, Conlin To bring this concept to both Parks and Planning Commissions for their opinions
prior to any discussions with Oakdale. FAILED FOR A SECOND,
Councilmember Smith asked if Oakdale could proceed without us. The Administrator said the
City is in charge of the zoning and use for that parcel so Oakdale has to work with Lake Elmo.
M/S/P, Smith/Johnston To simultaneously have discussions with Oakdale while we send the
proposal to the Parks Commission and Planning Commission for approval recommendations.
The Administrator said the City is looking for the foundations of an agreement, not an agreement
yet because business questions need to be answered first.
VOTE: 3:2 Nay—DeLapp, We should collect some guidelines from the Parks Commission,
neighbors around the proposed park, and the Planning Commission. Conlin The proposal should
r be presented to the Parks and Planning Commissions first.
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I Councilmember Johnson left the table at 11:48 p.m.
12. City Council Reports
a. Mayor Johnston
Mayor Johnston reported he was invited to serve on the Board of Directors for the Regional
Mayors' Conference.
b. Councilmember Conlin
c. Councilmember DeLapp
d. Councilmember Johnson
e. Councilmember Smith
Councilmember Smith said she would like to get moving on Code Enforcement. She said it will
become a very important issue soon.
Mayor Johnston adjourned the meeting at 11:50 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo City Council Minutes of January 17,2006
15
AMENDED & APPROVED: MARCH 6, 2006
City of Fake Elmo
City Council Emergency Meeting
Minutes of January 24, 2006
Mayor Johnston called to order the Emergency Meeting of the Lake Elmo City Council at 6:00
p.m. COUNCILMEMBERS PRESENT: Smith, Johnson,DeLapp, and Conlin (6:10 pan.)_
STAFF PRESENT: Administrator Rafferty, Planner Dillerud, and Recording Secretary Schaffel.
ALSO PRESENT: City Attorney Filla(6:06 p.m.) Planning Commissioners Van Zandt and
Roth.
f
Agenda
Councilmember DeLapp expressed concern about the method of disseminating information
regarding this Emergency Meeting. He said he did not receive meeting information in a timely
manner.
The mayor said an e-mail was sent at 9:51 a.m. on January 23, 2006 with regard to the proposed
Agenda for tonight's meeting.
Administrator Rafferty explained his communications with regard to the anticipated letter from
Met Council. Staff was asked to post the notice on the web and to e-mail the Council.
i Arrangements were made to televise this meeting.
The mayor said he received a telephone message from Peter Bell and relayed the information to
staff.
Councilmember Smith asked to begin discussion because Councilmember DeLapp has to leave
for his meeting of the Washington County Planning Commission. Councilmember Conlin asked
to go through the items in the letter and to discontinue other discussions because we have a
deadline of February 1,
The Planner said we submitted a Comprehensive Plan to Metropolitan Council on September 6.
We received a letter later in September where Metropolitan Council said our submission was
incomplete. On November 18 administrative staff and Councilmember Smith and Mayor
Johnston met with Metropolitan Council. They were advised at that time that there would be a
review letter. After the meeting the Planner said we started submitting items from that
September review letter. On January 6, 2006, eight copies of everything were submitted to the
Metropolitan Council. We thought we were done except for a couple of items. We did not even
receive confirmation it was received. Staff started phoning to find out what was going on. Blair
Tremere called on Thursday and said we would have confirmation Friday. It did not come. The
letter came on Monday.
The three page enclosure from the Metropolitan Council letter was discussed. The Aviation
paragraphs relate to the Village Plan that Metropolitan Council still does not have. The Planner
will resubmit items where the Met Council says they haven't received it yet.
The text has been changed to reflect the household and population discrepancies indicated in
their letter. All four bullets on page E-2 have already been fixed within the Camp Plan text.
In the area of Land Use—Alternative Densities,the numbers are reflective of the remedial
measures the Metropolitan Council has imposed on the City through their ResoludonNo.2005-20,
Lake Elmo City Council Emergency Meeting Minutes of January 24,2006 1
AMENDED & APPROVED, MARCH 6, 2006
Councilmember Smith said she was worried about population changes during that last Met
Council meeting as a result of these remedial measures,and asked Peter Bell about it then.
On page E-3, Land Use-Village Plan, the Planner said we did not include a map for that plan
because we do not have one yet,
The Planner said that Housing is not a Regional System, However, there is a legislative mandate
that every community demonstrate how it is going to address its share of Affordable Housing.
We currently have a good deal of affordable housing,more than some neighboring cities, The
Metropolitan Council wants us to demonstrate how we can do more for the future with not less
than 41-46 acres developable at 5-6 units per acre, Densities in some areas must also be
demonstrated as sufficient for 100 rental units.
Administrator Rafferty said many of these are the same items in the September 26, 2005 letter
from the Metropolitan Council, while some are not. The Planner said this is an issue of content
not completeness.
Councilmembers Johnson, Conlin, and Smith would like to hear the potential solutions and
options offered by staff. Councilmember DeLapp would like to table until tomorrow when he
has to leave tonight, The Mayor said we could have aanother later meeting but we should give
direction to staff tonight on how to proceed.
Councilmember Johnson would like to go through the letter item by item.
The Planner said he has developed a method for addressing the third remedial measure without
overshooting our 2030 population target. The Planner distributed language that could be
inserted. There are two land use districts guided for regional sewer, SRD 3.5 and the VR
District. He said that rather than modify the map, this language could be inserted into the district
descriptions with two provisions for population and no increased density within 1000 feet of an
existing residence or 500 feet from an existing residence in the Village. He said if we do this, he
thinks the map will not need to be changed,
Councilmember DeLapp said those neighborhoods could look like a PUD, The Planner said it
would be the City's choice where we would place additional density. Councilmember DeLapp
said we will have greater density on one parcel and open space on the next.
Councilmember Smith asked if the new text takes place of the sentence inserted at the last
meeting, The Planner said this would be in addition to that sentence. Councilmember Smith
wants to be sure we are not going over 24000 population and 6600 REC units. She reiterated that
Chair Bell and his staff present at meeting at Met Council office assured therm that Lake Elmo would not
have to go over the agreed upon numbers. The Planner said we have never gotten a response from
Metropolitan Council when asking for clarification on that issue.
Councilmember DeLapp said the Metropolitan Council is backpedaling on the MOU_
Councilmember Conlin said we have to give staff enough time and still get it back in time for
Council review. We have to put in the good faith we have in support of and to protect the MOU.
Councilmember DeLapp left the table at 6:42 p.m, to chair the county planning commission
meeting.
Lake Elmo City Council Emergency Meeting Minutes of January 24,2006 2
AMENDED & APPROVED: MARCH 6, 2006
The City Attorney said the Council can table this meeting to a time and day certain.
Councilmember Johnson asked if you could add, "provided no economic downturn." The
Planner said it is within the Comprehensive Plan already. Councilmember Johnson said we
should reemphasize it in this portion of the Comprehensive Plan.
The Planner said that Aviation, the Village Plan, and Housing can be addressed at once with the
Village Land Use portion of the text. Metropolitan Council wants more detail and the Village
Plan Map. The Planner suggested going to Mr. Engstrom's concept stage plan and converting it
into a Village Plan Map as of today. He said that may not be the final end product. He suggests
implementation devices be addressed in the Land Use Plan text. An overlay district in the
Village that says the Comprehensive Plan is the zoning for that area of the City. That will be
form-based zoning. The Plan will show a green belt and someone will suggest the City is taking
but we will be doing Transfers of Development Rights, and those owners will be compensated
for their development densities. The Planner asked the Village Consultants to do that map and
calculate the numbers. That map is what we will insert, subject to implementation measures.
That addresses the housing issues, aviation_because safety zones will be on that Land Use Plan
as a green belt. The property owner has development rights to sell. We have discussed this
Village Plan for three years. The concept by the planner representing the landowners is very
similar to what we anticipate in our Village Plan. We have run out of time to trade plans, we
must keep the option open for modifications later but we have to submit something to the
i Metropolitan Council by February 1, 2006.
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The Mayor said how are we assured there will be no surprises on February.1? The Iast page of
Peter Bell's letter invites the Mayor to call him or Blair Tremere. The.Mayor will call either of
them if the Planner does not get a response. The voice message received by the Mayor had the
tone that this was important to the Metropolitan Council as well.
Councilmember Conlin said she hopes staff is thoroughly documenting our attempts to work
with them, and staff should document phone calls too.
The Mayor said we have also been threatened with lawsuits. There are legal issues and sensitive
issues that create the necessity for a closed session tonight.
Administrator Rafferty suggested the Council set a time certain for tabling the open meeting.
Councilmember Conlin asked if staff feels comfortable with direction offered thus far.
The City Attorney said that direction should be made on the record.
M/S/P,Conlin/Johnson, to implement our discussion as direction to staff to work with Met
Council staff to be sure on February 1, 2006 that Metropolitan Council has everything they need.
VOTE: 4:0,
The Council set the continuation of this meeting for 5:30 p.m.,Friday, January 27, 2006, and we
might have solutions by then with regard to the Village Plan.. Councilmember Johnson said that
anything staff can accomplish by then should be brought to that meeting.
Lake Elmo City Council Emergency Meeting Minutes of January 24,2006 3
AMENDED & APPROVED: MARCH 6, 2006
Mark Putman spoke on behalf of Mr. Lynskey and representing the allied owners. He asked if
the actions proposed tonight were negotiable. He asked if the concept for the Village Plan
assuming 600 new units was cast in stone. He encouraged making 600 a minimum number for
new housing in order to defend the City's options.
The Mayor said that 600 is the minimum Metropolitan Council requirement. The Planner yes, it
is but we are not done with this plan yet. We just have to finalize something for the
Comprehensive Plan now.
Susan Dunn, a Village resident, said the Council doubled the population in the Village on a quick
vote, and she is affronted by being asked for more units tonight. She said it is a slam against us
for greed and control and it is a slap in the face.
Adjourn. 7:04 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo City Council Emergency Meeting Minutes of January 24,2006 4
AMENDED & APPROVED: MARCH 6, 2006
City of Lake Elmo
Emergency Council Meeting
Minutes of January 27, 2006
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 5:30 p.m.
COUNCILMEMBERS PRESENT: Conlin, Smith,Johnson, and DeLapp. STAFF PRESENT:
Administrator Rafferty,Planner Dillerud, and Recording Secretary Schaffel. ALSO PRESENT:
City Attorney Filla,Master Planner Bob Engstrom and Associate Consultants,Planning
j Commissioner Lyzenga and Community Improvement Commissioner Knoblach.
i
Mayor Johnston reviewed the fast part of this emergency meeting from January 24, 2006.
Councilmember DeLapp asked if there would be a public hearing for the Comprehensive Plan
! Amendment because the changes in the Old Village have not yet been seen by the public.
i The Mayor said if additional meetings or a.public hearing is required,it will be done.
Administrator Rafferty said tonight we will see a brief overview of the concept for the Village
i Plan. He said it is his understanding the Met Council will accept that information on a
preliminary basis.
Councilmember DeLapp asked the Planner to explain what the Metropolitan Council has a
legitimate and/or legal basis of expecting from the City.
The Planner continued from where the meeting left off on Tuesday. In response to a letter from
the Metropolitan Council,text was drafted to amend the plan. He took the recommendation,
added the buffers as requested by City Council, submitted the changes to the Metropolitan
t Council,and heard from Blair Tremere the submission was fine.
4
i
He updated the Wastewater chapter of the Comp Plan. He also modified Chapter III relative to
bullet points in the Metropolitan Council letter to change the numbers in response to their
bulleted concerns. Those changes have not been submitted. An entirely new Chapter VI was
modified and submitted to Metropolitan Council yesterday.
f The Planner said that what remains are the following which all relate to the Village Plan:
• Airport Safety Zones
• Affordable Housing component
• The Land Use Plan for the Village Area
Village Area Consultants are here tonight and the Planner thinks their concept is a good
approach. However,the format we have to submit for the Village Area is from a different, more
detailed perspective. He said the consultants will explain the basis behind it,what we want to
accomplish,and the concept. Then he would like to convert that concept into a broader concept
suitable for submission to the Metropolitan Council.
The Planner said the Met.Council expects us to address 7 items in the Village Plan:
1. Protection of Airport Safety Zones
2. Affordable Housing requirements 40+acres X 5-6 units per acre=250 dwelling units.
Lake Elmo Emergency City Council Meeting of January 27,2006 1
AMENDED & APPROVED, MARCH 6, 2006
3. 100+apartment units. (Councilmember DeLapp said that is a very large percentage of
our new unit count.) 600— 350 Affordable=250 new single family housing.
4. 440 Units + 160 units = 600 units.
5. Green Belt
6. Transfer of Development Rights
a. Green Belt
b. Ponds
c. Public Facilities
7, Schiltgen Horse Farm (108 acres not included in the Village Plan).
The Mayor said if the legislature says we have to have 250 units, it was not their intention to give
Peter Bell the power to sign that away. He asked the City Attorney if the MOU negates
legislative requirements.
City Attorney Filla said the MOU is criteria though we tend to think of it as a contract and policy
statement. He believes the City has the right to choose housing.
Councilmember DeLapp said if that is the case we need to deal with number three.
The Mayor clarified that we have to review these items for submission but we have not yet
reviewed it for policy.
The Planner read from an e-mail received from Blair Tremere this morning. He said we must
provide enough information regarding:
• Verify RECs to be used
• Provide adequate protections for continuing airport function
• How many sewered acres for new minimum and high density housing and submitting a new
graphic labeled"Preliminary with refinements to follow as a Comp Plan Amendment."
The Planner introduced the Master Village Planner for hire to explain the Village Concept and
steps taken to get there with broad use and infrastructure considerations.
Bob Engstrom, Bruce Jacobsen Close Landscape Architects, and Jerry Mazzara
Mr. Engstrom said the consultants have worked to develop a vision for what they think can be
accomplished in the Village. He said MPCA is planning on pumping 130,000,000 gallons per
year of water to alleviate water concerns. He said this is merely a concept and has nothing to do
with zoning and does not directly affect any individual's property. They will be ready for a
complete presentation in three or four weeks.
Bruce Jacobsen said this is not a unit based plan nor does it zero in on technical aspects. The
consultants reviewed Calthorpe and Thorbeck Plans created over the years. He said that at all
costs,integrity and existing uses in the Old Village are the heart of the Village, and need to be
protected. Signature anchors would include things like a YMCA-type of facility, city hall, etc.
He said those anchors should be placed carefully, like the Village itself, intimate and close to the
heart for walkability. There will be green connections into neighborhoods, neighborhood greens,
and park spaces that will be connected by some sort of loop. Those are the basic ingredients for
the plan. The core will be preserved and strengthened, a loop for circulation, and Highway 5
changed to a more urban section- walkable with sidewalks, traffic lights, and curbs. He said
Lace Elmo Emergency City Council Meeting of January 27,2006 2
AMENDED & APPROVED: MARCH 6, 2006
they are considering a number of viable sites for some of the signature anchors. There will be
stormwater and amenity water management and life cycle housing. Not just large lot single
family homes but small lot single family, apartments,condominiums, townhouses,senior
housing, special needs housing, etc. Water amenities will take advantage of PCA water
treatment. A four corner intersection would be recommended at Highway 5 and Lake Elmo
Avenue. He said the goal is to encourage walkability and bicycling.
Mr.Engstrom said this would be an ideal plan, and there is no intent to wipe out any existing
business. There are ponds on the airport property that made him suspect the orders not to have
ponding in Lake Elmo around the airport.
Bruce Jacobsen said there is a buffer of open space related to the entire plan.
Councilmember DeLapp said they need to address the park and ride.
Bruce Jacobsen agreed it is an important aspect of this plan. They are contemplating shared
parking in the daytime for commuters and at nighttime for visitors.
M/S/P,Johnson/Conlin to give staff direction to create a preliminary map.
Councilmember DeLapp said LEPR showing 6,000 houses is just conceptual in the Systems
Plan. We do not have to ask for too much detail for the Village Plan portion of the
Comprehensive Plan,just conceptual mapping.
The Mayor said we are just trying to meet minimum requirements. He said this.map will not be
creating policy.
F VOTE: 5:0.
The Planner said we will meet the Metropolitan Council deadline requirements.
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Councilmember DeLapp asked if we have capped the population number at 24,000 because that
j was a concern. The Planner said that was an accepted term by Metropolitan Council Staff this
morning.
The meeting adjourned at 6:20 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo Emergency City Council Meeting of January 27,2006 3
AMENDED &APPROVED: MARCH 6, 2006
City a1 Lake Elmo
City Council Meeting
Minutes at February 7, 2006
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m.
COUNCILMEMBERS PRESENT: Conlin, Smith, Johnson, and DeLapp. STAFF PRESENT:
Administrator Rafferty,Planner Dillerud,Finance Director Tom Bouthilet, Building Official McNamara,
Superintendent M. Bouthilet,Fire Chief Malmquist, and Recording Secretary Schaffel. ALSO
PRESENT: City Engineer Prew and City Attorney Filla.
1, AGENDA
Councilmember DeLapp said he has a question about the Credit Union and Prairie Ridge Office Park.
9C. City Administrator 11C. Mayor Johnston asked for 9D Recommendation for County Planning
Commission and 9E- Second Alternate position on Lake Elmo Planning Commission. 9A, 11A, and 11B
move up to 6a, b and c under New Business because the public might be interested. Councilmember
Johnson asked to clarify the policy for contacting the City Attorney by councilmembers. The City
Attorney said that 10A and 1013 should be under 13 in the Closed Session. Councilmember Smith asked
about the garage addition to Sessing Property under 1 OD. That item will also be under Closed Session as
well.
M/S/P,Johnson/DeLapp to approve the Agenda as amended. 5:0 PASSED.
2. MINUTES
M/SIP,DeLapp/Smith to delay consideration of the minutes until later in the meeting to Item 12A.
i VOTE: 5:0 PASSED.
:
3. PUBLIC INQUIRIES/INFORMATIONAL
A. PUBLIC INQUIRIES
1. Susan Dunn said she has concerns related to the Community Playfield because of the
Target Store, the ravine, the water, and surface water quality going into Lake Elmo Park
Reserve and she asked for the Council to be cautious. She is concerned about the Park
and Ride. She also has legislative change questions to Chris Georgacas. She would like
to know how townships and cities maintain the right to self determination if It is not through
legislative change.
2. Larry Moody asked about the potential Joint park. Why not increase the tax base by
building houses on that land? Why not improve Tablyn Park? He asked about light
pollution, noise, and traffic concerns.
B. PUBLIC INFORMATIONAL
3. Introduction of Chris Georgacas, Metropolitan Council Member
Mr. Georgacas extended regards of Chairman Bell. He said he hopes for a more conciliatory relationship
between the City and the Metropolitan Council in the future. He expressed his regrets for past disputes
and the past relationship. He is glad to say Metropolitan Council has reviewed our submission for
completeness and it is complete. The Comprehensive Plan will be reviewed over the next sixty days and
Lake Elmo City Council Meeting Minutes of February 7, 2006 3
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AMENDED &APPROVED: MARCH 6, 2006
there is a possibility they may need more time than that.
Councilmember DeLapp said he had hopes for a discussion tonight. He has pages and volumes of
questions that he can't ask and he can't even read them. Some cities have been exempted from the
Systems Statement. He would like to know how ten property owners can outvote 8,000 residents.
Mr. Georgacas said he has heard from residents and councilmembers and he thinks it would be
constructive to hold a workshop between City Council and City and Metropolitan Council staff to clarify
and correct old facts and misconceptions as well as to discuss ongoing concerns.
Mayor Johnston said first we should get through the Comprehensive Plan approval, and then he thinks
that is an excellent suggestion.
Councilmember Conlin asked how Mr. Georgacas sees his role. Mr. Georgacas said he sees his role as a
communications link between the local government units in Washington County and the Metropolitan
Council. He sees his role as an advocate for District 12 but also has a broad focus on the region. He
pledged to work hard to insure concerns of the City are addressed and offered his commitment to the best
effort possible in that regard.
Councilmember Smith said Mass Transit was mentioned at a talk given by Mr. Georgacas at Boutwell's
Landing. As a representative of our district she said she would like to see him represent the wishes of his
constituents.
Mr. Georgacas said he is a supporter of transit services and a skeptic of commuter rail and light rail. Be,
believes it is more cost-effective to think about bus rapid transit and regionally identified centers. He said
that Park and Ride community issues should be closely heeded. The City has a history of opposition to it.
He said he thinks that can be accommodated by the Met Council.
M/S/P,DeLapp/Smith to enter discussions in a full workshop forum with Metropolitan Council staff,
sooner than later.
Councilmember Conlin would favor it as long as City Council and staff have clear objectives and the
meeting is conducted in an organized manner. Councilmember DeLapp agreed.
VOTE: 5:0 PASSED.
Administrator Rafferty suggested that he and Mr. Georgacas could work on objectives and bring back
dates to facilitate the new relationship.
Planner Dillerud asked why Metropolitan Council would not agree to stipulate on the System Statement.
Our System Statement has features inconsistent with the MOU. The City had suggested a stipulation to
close the issue. Mr. Georgacas said he was ignorant of that fact and will find an answer tomorrow.
4. Reschedule March 7th City Council Meeting
M/S/P, to reschedule the March 7, 2006 City Council Meeting to Monday,March 6, 2006 due to precinct
caucuses.
Councilmember Smith said she cannot attend that meeting. Councilmember DeLapp cannot make either
of the dates. VOTE: 4:1 Nay-Smith.
Lake Elmo City Council Meeting Minutes of February 7, 2006 4
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AMENDED &APPROVED: MARCH 6, 2006
5. Volunteer/Employee Recognition Dinner
M/S/P,Johnson/Conlin,to announce the Employee and Volunteer Recognition Dinner at Tartan Park
Clubhouse on Friday March 10,2006.
Councilmember Conlin said it is only possible through the generosity of the Lake Elmo Jaycees. VOTE:
5:0.
4. CONSENT AGENDA
Resolution No. 2006-010: Approving Claims
M/SIP,Johnson/Conlin to adopt Resolution No.2006-010 approving claims. VOTE: 5:0 PASSED.
Resolution No. 2006-011: Partial Payment#4 for Water System Interconnect-Phase 1-$10,427.20
M/S/P,Johnson/Conlin to adopt Resolution No. 2006-011 approving claims.VOTE: 5:0 PASSED.
(1)Resolution No. 2006-012: Partial Payment#2 for Water System Interconnect-Phase III-$82,522.66
M/S/P,Johnson/Conlin to adopt Resolution No.2006-012 approving Partial Payment#2 for Water
System Interconnect Phase III in the amount of$82,522.66.VOTE: 5:0 PASSED.
(2)Resolution No.2006-013: Partial Payment#3 for Water System Interconnect-Phase III-$10,709.71
M/S/P,Johnson/Conlin to adopt Resolution No.2006-013 approving Partial Payment#3 for Water
System Interconnect Phase III in the amount of$10,709.71, VOTE: 5:0 PASSED.
j Resolution No. 2006-014: Partial Payment#1 for the Water Tower-$46,312.50
M/S/P, Johnson/Conlin to Adopt Resolution No. 2006-014 approving Partial Payment#1 for the Water
Tower in the amount of$46,312.50. VOTE: 5:0 PASSED.
l
Parks Commission Appointments
M/S/P, .Jobnson/Conlin to reappoint Jenifer Watters for a second term on the Parks Commission and to
appoint Rolf Larson as Full Voting Member of the Parks Commission with terms expiring on February 6,
2009, and to appoint Judith Blackford I"Alternate Member of the Parks Commission.
VOTE: 5:0 PASSED. Councilmember Smith thanked Commissioner Watters for reapplying.
5. FINANCE
M/S/P,DeLapp/Conlin to adopt Resolution No.2006-015 authorizing issuance and awarding the sale and
providing the payment of$4442,000 for G. O.Equipment Certificate of Indebtedness for the purchase of
the pumper tanker fire truck.
Mr. Donna said this is a ten year bond with a fixed rate of 3.88%.
6. NEW BUSINESS
Moved: 9A. Shoreland Overlay Variance—4473 Olson Lake Trail (Flanagan) Resolution No. 2006-017
The Planner introduced the substantial renovation of an existing home. The Planning Commission
reviewed it and recommended the applicant revise their plans. The applicant returned with the revised
plan converting a sunroom into an open air porch and removing two decks. The Commission recognized
that there is no additionally further encroachment in the lake.
Lake Elmo City Council Meeting Minutes of February 7, 2006 5
AMENDED &APPROVED: MARCH 6, 2006
Mayor Johnston said we have a need for an overlay district in the Tri-Lakes and in the Old Village to
reduce variances.
Councilmember DeLapp said he agrees but one of the issues on lakes is for protection. Everyone will be
well aware of this building because it will sit so high - 55 feet above the normal water level of the lake.
He said no tree will cover up this structure. Part of the approval is the applicant should meet the new
building and site requirements of the VBWD for buffers and tree plantings in order to try to obscure the
building.
The Planner said we are mandated to have a Shoreland Ordinance by state statute and their may be little
than can be done in the Tri-Lakes area due to those rules.
M/S/P,Johnston/Conlin to adopt Resolution 2006-017 approving a variance to Shoreland OHW Setback
at 4473 Olson Lake Trail per plans staff dated February 3, 2006, and per the recommendation and
findings of the Planning Commission.
Councilmember DeLapp asked for an Amendment to the Motion that the applicant develop their land
between building and waters edge in concurrence with state rules and VBWD recommendations
particularly with regard to buffers. MOTION TO AMEND WITHDRAWN.
Councilmember Johnson asked if we can require these conditions of approval. The City Attorney said the
city can attach reasonable conditions to approval of a variance request.
Mr. Flanagan, the applicant, said there are huge trees and small trees between the house and the lake. His
house is one of the few on the lake that is screened so well.
VOTE: 5:0 PASSED.
The Planner said if the City had landscaping standards, they would be easy to enforce. Add Landscaping
Standards to Council Workshop.
MOVED 11. CITY ADMINISTRATOR'S REPORT
A. Proposed Joint Park with Oakdale for Youth Playfields
The Administrator explained the history of the proposed joint park with Oakdale for youth playfields on a
26 acre site being donated by 3M Company. The proposal currently sits at the point where the cities'
representatives would meet for discussions.
Mayor Johnston said the idea must be developed and issues worked out before bringing it before the
public. Parking, safety, lights, dispute resolution,,and other issues must first be addressed.
Councilmember Conlin said she is opposed to the park. If we authorize the Letter of Understanding to
explore a Joint Powers Agreement that is a step into a process and an investment of time and money that
is hard to abandon after six months or so of study. The document before the Council is complex. There
will be a groundswell of opposition by the public. We should do the conceptual work on whether this is
the right location for this sort of park.
Councilmember DeLapp said we should be allowed to reduce our RECs and population and asked where
Lake Elmo City Council Meeting Minutes of February 7, 2006 6
AMENDED &APPROVED: MARCH 6, 2006
the water is going to come from due to the pollution. Surface water runoff will go right into Raleigh
Creek from heavily fertilized playfields where it will ultimately end up in the St. Croix River. Is the
whole park going to be fully developed? Lighting is a concern, especially for youth. Will there be shelter
there? Restrooms? What kind of buildings,maintenance equipment, speakers, what will the limits be?
Councilmember Johnson said the concerns are valid. The Parks and Planning Commissions unanimously
supported moving forward with the process. The concerns cannot be brought forth without some sort of a
task force. We need to gather the data before we can bring it back to the public.
Councilmember Smith said we need to look into it knowing we might say no.
Councilmember Conlin said she does not disagree but thinks it should be internal to Lake Elmo.
Councilmember Johnson said there is already too much information in the Letter of Understanding. Take
out the implementation portions and explore a joint facility. Recommendation would be to edit and revise
this Agreement because we are asking already for 50150 split.
M/SIP,Johnson/Johnston to move this item to-Council Workshop and direct staff to create a new Task
Force Agreement to make it more of a work plan and develop more of what the role of the task force will
be and less of an Agreement.
The Administrator said he would rather not put in any more details. This is not the first draft. He does
not want to invest more time to change the document without the additional work being done and
direction from the Workshop.
j Councilmember DeLapp said we should hold several workshops here first. Councilmember Conlin said
i she would like to see some discussion up front about whether placing a park in this area makes sense. We
i have spent months planning in this City. She asked if we are really thinking it through and whether it
meets our vision for the City. Councilmember Smith would like detailed discussions on the overall costs
in the long run and what we must sacrifice in order to build it.
Larry Moody said his property directly abuts this proposed park. Light, noise,runoff into the creek, water
contamination. He asked if this is going to benefit Lake Elmo or Oakdale or 3M.
VOTE: 5:0 PASSED to be discussed next Tuesday at 6:00 p.m.
B. Comment Letter on Lake Elmo Park Reserve Amendment
Councilmember Johnson thanked the Technical Advisory Committee for their assistance.
Councilmember DeLapp asked for specific amendments to a letter to the County. He will submit them to
the Planner for inclusion of the letter.
M/S/A,Johnston/Conlin to approve the letter as written and authorize the administrator to sign it.
Councilmember Smith would like to know how they measure the percentage. Councilmember Conlin
would like to have the formula for the calculations.
M/S/A,Conlin/DeLapp to Amend the Motion to strengthen the letter with regard to measuring
percentages with regard to the definition of a Park Reserve and authorize the administrator to sign it.
Lake Elmo City Council Meeting Minutes of February 7, 2006 7
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AMENDED &APPROVED: MARCH 6, 2006
VOTE: 5:0 PASSED.
M/S/P, Johnson/Conlin to Amend the Motion to add the changes from Councilmember DeLapp with the
exception of the first recommendation in the fourth paragraph, first sentence. VOTE: 5:0 PASSED,
Susan Dunn said a Workshop was held and the city was asking the County to designate areas or
permanently leave them alone. She said the older formula was fora 50 foot swath and now it is just 8-10
feet used for calculations. She said she appreciates getting the formula and the Council staying on top of
the issue.
VOTE: 5:0 PASSED,
NEW C. Meeting Minutes
Workshop Minutes were discussed.
M/S/P, Smith/DeLapp to postpone consideration of all the minutes until the first full meeting in March
2006. VOTE: 3:2 Nay-Conlin and Johnson, Conlin-There are at least two sets of Minutes that could have
been dispensed with tonight. Councilmember Johnson said we asked staff to get minutes turned around
quickly so Council should take care of them expeditiously also.
7. MAINTENANCE/PARK/FIRE/BUILDING
A. Maintenance Dept. -MAC Recommendation on Gen Set (generator)
Superintendent Bouthilet explained that the retrofit has a farm bid of now only$2,900.00 for the
retrofitting.
M/S/P, Smith/Johnson to authorize the purchase of a Gen Set Generator from the City of North St. Paul at
a cost of$12,900 plus tax based on the recommendation of the Maintenance Advisory Commission and
because there is a line item in the CIP for it. VOTE: 5:0 PASSED
B. Fire Dept.-Update on Activities
Chief Malmquist recognized firefighter anniversaries, thanked for support of recognition dinner, fire
academy in Pittsburgh,purchase of something, specs for vehicles, 340 call responses, 222 rescues, 18
calls hazardous, good intent 21, false 28, fire loss was $71,900 for last year.
Councilmember DeLapp asked if our vehicles are appropriate for most of our medical calls. The Chief
said it is not a vehicle issue but a supply issue. We don't need an ambulance.
At 9:05 p.m., the Mayor recessed the meeting for five minutes and reconvened at 9:11 p.m.
8. CITY ENGINEER'S REPORT
M/S/P,Smith/Conlin to adopt Resolution No. 2006-016 to approve plans for the Phase IV Water System
Interconnect and authorize bids. VOTE: 5:0 PASSED.
9. PLANNING, LAND USE & ZONING:
B. Verbal Report on Comprehensive Plan
Lake Elmo City Council Meeting Minutes of February 7, 2006 8
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AMENDED&APPROVED: MARCH 6, 2006
The Planner said a letter from Metropolitan Council staff was received and he distributed it to Council at
the meeting.
C. Credit Union and Prairie Ridge Office Park
Councilmember DeLapp said the Eagle Point building is a bright spot,fully lit. The material on the
building is different from what was approved, with concrete block up to four feet, and the roofing
material. Council allowed them asphalt shingles, they were required to use brick,and they were to be a
private office building-now it is a bank.
Councilmember Smith said the shingles should be checked and verified. The Planner said the direction
was for shingles of commercial grade to match the grade used at Prairie Ridge, The Planner said the City
always knew it was supposed to be a bank. He will look into the other matters. Mayor Johnston said if
we go through the format of approving and reviewing we should follow through with enforcement. The
Planner will be sure the Building Department is checking the aesthetics as well as the building code
requirements. The Mayor asked Councihnernber DeLapp to provide the Building Department with as
specific a list as possible. The shingles and the block must meet what was approved by the City.
MOVED 9.D. County Planning Commission Vacancy
Mayor Johnston said he spoke with Bill Pulkrabek with regard to a vacancy on'the Planning Commission
at Washington County and the Mayor recommended Kathy Sedro and he was told that he was not the first
to recommend her. Councilmember DeLapp also contacted Mr. Pulkrabek recommending her. Mr.
Pulkrabek said he would appreciate a Resolution.
M/S/Pjohnston/Johnson to direct staff to draft a Resolution recommending Kathy Sedro for vacancy on
the Washington County Planning Commission, VOTE: 5:0.,
MOVED 9. Second Alternate Planning Commissioner
M/S/P,Johnston/Smith to appoint Nicole Park to the Second Alternate position Planning Commission to
fill the seat held by Laurie McGinnis during her Leave of Absence. VOTE: 4:1 Nay-DeLapp thinks she
is being used.
NEW 9.E. Councilmembers Contacting City Attorney
Councilmember Johnson said it is her understanding that councilmembers can contact contract staff
individually as long as they notify the City Administrator that they are doing so. The Administrator
suggested the Councilmember report it at the Council Meeting.
Councilmember Smith said she called the City Attorney twice.
The Mayor said unless our policy is abused it should not be changed. Councilmember DeLapp suggested
a line item on the bill. The City Attorney said he does not bill the City for those short conversations on
the telephone. The meeting in question was conducted over lunch,there was no billing for that either, and
the Councilmember bought lunch.
12.CITY COUNCIL REPORTS
A. Mayor Johnston said he attended 3M Public Relations meeting where Bush. Fire Appreciation, and
quarterly fireman's relief.
B. Council Member Conlin attended the Fire Appreciation Dinner and it was very nice and well
orchestrated affair.
Lake Elmo City Council Meeting Minutes of February 7, 2006 9
AMENDED &APPROVED: MARCH 6, 2006
C. Council Member DeLapp said we needed an orchestrated publicity campaign for Mr. Georgacas'
appearance today and he said the audience size indicated this was not done. Mayor Johnston said he
contacted the newspapers. Councilmember Johnson said it was in the newsletter.
D. Council Member Johnson did not attend the dinner. She again thanked Teddi Carlson, Bob
Schumacher, and Sue Dunn who served on the LEPR Technical Advisory Committee,
E. Council Member Smith said Lakewood Evangelical Free Church will'be changing their name to
Rockpoint Church.
The Mayor announced calendar events; Board of Review May 3, Employee and Volunteer Recognition
Dinner on March 10, and Clean-up Day will be held rune 3.
Following the meeting the Council will meet in CLOSED SESSION with regard to J.P. Bush Homes v.
City of Lake Elmo and other legal issues. The City Attorney's Report, Item 13, will be on that Agenda
instead of this one. The Meeting Adjourned at 9:44 p.m.
Respectfully submitted,
Kimberly Schaffel
Recording Secretary
Lake Elmo City Council Meeting Minutes of February 7, 2006
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MINUTES APPROVED: March 7, 2006
LAKE ELMO CITY COUNCIL MINUTES
February 21, 2006
1. AGENDA
2. MINUTES: February 7, 2006 (Postponed)
3. PUBLIC INQUIRIES/INFORMATIONAL:
4. CONSENT AGENDA:
A. Resolution No. 2006-018:Approving Claims
5. FINANCE:
A. Revisions to Fee Schedule:Ordinance No. 97-165
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Building Dept. Activities:Jim McNamara
8. CITY ENGINEER'S REPORT:
A. Tablyn Park Overlay Project; Resolution No. 2006-019:Authorize
Engineer to Prepare Feasibility Report
B. Resolution No 2006-020:Establishing State Aid Route Manning from
TH36 to SOth Street,
C. Resolution No. 2006-021:Authorize Feasibility Report Manning Avenue
I Improvements at TH36
9. PLANNING, LAND USE &ZONING:
A. Amended Development Agreement-The Sanctuary of Lake Elmo;
Resolution No. 2006-022.
t B. Letter of Credit Escrow Reduction-The Sanctuary of Lake Elmo
10. CITY ATTORNEY'S REPORT: ,
11. CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL REPORTS:
CLOSED SESSION: Lake Elmo vs. Sessing Mediation Update
Acting Mayor Smith opened up the City Council meeting at 7:00 p.m. in the Council
chambers. PRESENT: Conlin, Smith,Johnson, DeLapp, Building Official Jim
McNamara, City Engineer Prew, City Attorney Filla, Finance Director Tom Bouthilet
and Administrator Rafferty. ABSENT: Mayor Johnston.
1. AGENDA
MIS/P Conlin/DeLapp—to approve the February 21, 2006 City Council agenda, as
amended(Pull off Item 4B off of Consent and place under 5A. Finance.) (Motion passed
4-0).
2. MINUTES: February 7, 2006
Council member DeLapp asked that the Recording Secretary listen to the meeting tape
and insert his comments relating to the County Planning Commission Vacancy. He also
pointed out that Councilmember Johnson's statement on page 9, under City Council
Reports, that Mr. Georgacas' appearance at the February 7th Council meeting was noted
in the Lake Elmo Newsletter was in error. There was no such article in the Newsletter.
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006 1
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M/S/P Conlin/DeLapp -to table the February 7, 2006 City Council minutes because the
Council wanted to review the comments added. (Motion passed 4-0.)
Council member Conlin said she would like less commentary in the minutes because it
was not necessary for public record, but wanted minutes to reflect a record of Council
actions.
3. PUBLIC INQUIRIRES/INFORMATIONAL:
4. CONSENT AGENDA:
A. Resolution No. 2006-018:Approving Claims
M/S/P Johnson/Conlin—to approve Resolution No. 2006-018, Approving claim numbers
310, 311,DD638 through DD651, 28670 through 28703, which were used for Staff
Payroll dated February 16"', 2006 and claim, 28704 trough 28754, in the total amount of
$94,493.63. (Motion passed 4-0.)
5. FINANCE:
A. Revisions to Fee schedule; Ordinance No, 97-165
Council member Conlin asked about the $4,000 claim for Humane Society Companion
Animal Impounding for 10/01-12/31/05. Finance Director Bouthilet said the fees
collected help offset our costs which are all the animals, but the majority of cats are
unclaimed. The City bears the whole cost of impounding. By law the humane society has
to hold the animal for a number of days and the City has to pay for that. Most of the dogs
are claimed and 60 percent of cats are coming from Cimarron. Council member Conlin
asked if the new code enforcement officer could enforce the licensing. The City
Administrator responded when hiring a CEF, they will take a close look at this. The
Council will receive an update on options which have been discussed with the City
Administrator and Finance Director at the next Council workshop.
The Finance Director reported that most of the fee increases are due to inflation. Council
member DeLapp stated inflation should not be used as an excuse to pay more money.
M/S/P Conlin/Johnson—to adopt Ordinance No. 97-165 setting the Municipal Fees for
calendar year 2006, (Motion passed 4-0.)
6. NEW BUSINESS:
7.
S. MAINTENANCE/PARK/FIREBUILDING:
A. Update on Building Dept, Activities:Jim McNamara
The Building Official reported there were one new residential building permit and one
new commercial building permit for January, 2006. He also reported that Lake Elmo
Professionals has started construction of their building off 39ti, Street and has contacted
the contractor to make sure the streets are kept clean.
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006 2
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Because of the cold weather snap,he alerted fire place owners to not walk away from
fireplaces with an open flame. The Building Official explained the building dept. uses
Marathon Gas for pumping gas in their vehicles because it is the only place that you can
get your trucks washed. Council member DeLapp asked if we have learned what
happened to the drippings from the car wash. The Building Official said he thought it
had to be filtered out,but he will find out.
9. CITY ENGINEER'S REPORT:
A. Tablyn Park Overlay Project: Resolution No. 2006-019:Authorize
Engineer to Prepare Feasibility Resort
The City Engineer reported the streets within the Tablyn Park neighborhood have been
the top project in the Capital Improvements Plan for at least two years and that it is in the
City's budget again for 2006. He said with the water main project occurring this
summer,this is the opportune time to complete this project. He would anticipate
performing this work in conjunction with the street project to minimize disruption to the
neighborhood. He said the Tablyn Park Overlay Project will be an assessed project and
appraisals have been done.
M/S/P DeLapp/Conlin—to adopt Resolution No. 2006-019, A Resolution Ordering the
Preparation of a Feasibility Report for the Tablyn Park Neighborhood Overlay Project.
(Motion passed 4-0.)
B. Resolution No. 2006-020:EstablishingLState Aid Route Manning from
TH36 to 50th Street
The City Engineer reported according to state aid rules, each City may designate up to
20%of its local streets mileage as collector routes that are eligible for State Aid funds. In
order for the City to maximize its share of State Aid construction funds, we need to
designate as many routes as possible. Currently, Lake Elmo has 2.3 miles available to
designate.
The City Engineer recommended that a route be established from the intersection of
TH36 and Manning Avenue,through the Sanctuary subdivision, south to 50th Street. This
route will be about 1.2 miles in length. About half of this route is through undeveloped
property and will be defined once the property is developed.
M/S/P Johnson/Conlin—to adopt Resolution No. 2006-020, A Resolution Establishing
Municipal State Aid Highways for Manning Avenue from TH36 to 50th Street North.
(Motion passed 4-0).
Council member DeLapp said he is strongly opposed because we have two developments
basically governed by state rules on roads instead of the City. He said it does look like a
great alternative to Highway 5. Everybody is going to take that route to getout of the
Stillwater High School area. We have to make extra wide roads to follow these rules and
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006 3
to make this direct road a major thoroughfare scares him. He suggested placing this item
on a workshop to discuss other alternatives that would be potentially less destructive.
Council member Conlin said this will be discussed when we have a feasibility study
before us. The City Engineer said the state aid standards are close to our City standards.
The City Planner said the road is not intended for thru traffic. There would probably be 3
to 4 stop signs installed in the future.
Council member Smith stated this would alleviate the traffic off of 501h street to get onto
Hwy 5. This route is for people in the neighborhoods to get out.
C. Resolution No. 2006-021:Autorize Feasibility Report Manning Avenue
Improvements at TH36
The City Engineer reported with the approval of the Sanctuary subdivision last fall,the
intersection of TH36 and Manning Avenue will need upgrading. Although it is possible
to simply pave the gravel section of Manning Avenue between Sanctuary and TH36, the
staff did not feel this is in the best long term interest of the City.
M/S/P Johnson/Conlin—to approve the Resolution No. 2006-021, A Resolution
Authorizing the Preparation of a Feasibility Report for Manning Avenue Improvements
from TH36 to the Sanctuary subdivision. (Motion passed 3-1: DeLapp stated it is a real
loss for this country road to be turned into a treeless freeway and didn't consider it an
improvement.)
Council member DeLapp wanted a smaller road to make it safer. He said this is
something Woodbury would do. This is a temporary light...what will this be in 10 years
The City Planner said the Inter-Regional Corridor Study was not approved by the six
surrounding communities; the plan is just sitting there.
10. PLANNI_NG, LAND USE & ZONING:
A. Amended Development Agreement-The Sanctuary of Lake Elmo,
Resolution No. 2006-022
The City Planner reported the City Attorney prepared a new Paragraph 4.12 for the
Sanctuary Development Agreement that establishes an escrow requirement for the
developer for what we now assume to be 50% of the enhanced street section costs should
the City decide to proceed with the enhanced street section in 2006 as a City project The
northerly 700 feet of Manning as it approaches Highway 36 will continue with the simple
one lift asphalt mat that the developer has already installed until that decision is rendered
by the City Council.
The City Planner explained that since this enhanced Manning improvement would be a
City project if it proceeds,the City Attorney has advised that the new Paragraph 4.12
must be approved in an amended contract by the City Council. The improvement costs,
security requirements and Administrator Fee have been updated to reflect the developers
actual improvement cost for that work already completed. There have been no other
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006 4
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modifications of consequence to the Agreement from the version approved on December
6th.
M/S/P DeLapp/Jolmson—to adopt Resolution No. 2006-022,A Resolution Approving
An Amended Development Agreement for the Sanctuary of Lake Elmo. (Motion passed
4-0:DeLapp said he has to be consistent with the last two votes.)
B. Letter of Credit Escrow Reduction—The Sanctuary of Lake Elmo
The City Planner reported the developers have competed all of the underground pipe
work on this project,inspected by the City,but completed entirely at the developer's risk.
They are requesting a reduction of Development Agreement security to reflect the value
of the completed work. The City Engineer has certified a new development security
requirement of$1,538,750 as 125%of the work remaining by the developer. The
grading and erosion control inspection and security are handled separately by the Browns
Creek Watershed District.
M/S/P Johnson/Smith—to approve reduction of the required development security for the
Sanctuary of Lake Elmo to$1,538,750,as recommended by the City Engineer, per his
February 17, 2006 Memo,to reflect the value of improvements competed to date.
(Motion passed 4-0.)
11. CITY ATTORNEY'S REPORT:
12. CITY ADMINISTRATOR'S REPORT:
13. CITY COUNCIL REPORTS:
Council member Conlin provided a copy of the Stemwinder, a 3M newspaper,which has
a picture of Mayor Johnston shaking President Bush's hand with big smiles on their
faces.
Council member DeLapp said we are getting ready to have a workshop with the Met
Council and we should make people aware of this meeting because the Comp Plan affects
the entire City. Representatives from Baytown, West Lakeland, should be invited
because everyone is affected by this decision. DeLapp noted that Jane Harper,
Washington County Senior Planner, has stated"As Lake Elmo goes, so goes the county".
Council member Johnson congratulated Lake Elmo lnn's John Schiltz who received the
2005 Restaurateur of the Year from the Minnesota Restaurant Association.
The Council adjourn the meeting at 8:01 p.m. and opened up a Closed Session: Lake
Elmo vs. Sessing Mediation Update.
--------------------
Respectfully submitted.by Sharon Lumby, City Clerk
Resolution No. 2006-018 Claims
Resolution No. 2006-019 Authorize Engineer to prepare Feasibility Report for Tablyn
Park Overlay Project
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006 5
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Resolution No. 2006-020 Establish State Aid Route Manning from TH36 to 501h St,
Resolution No. 2006-021 Authorize Feasibility Report-Manning Avenue Improvements
at TH36
Resolution No. 2006-022 Amended Development Agreement for Sanctuary of Lake
Elmo
Ordinance No. 97-165 Revisions to Fee Schedule
LAKE ELMO CITY COUNCIL MEETING FEBRUARY 21, 2006 6