HomeMy WebLinkAbout01-16-07 CCMDate: City of Lake Elmo
REQUEST TO APPEAR
Before the
City Council or Planning Commission
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Agenda Item/ /
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Please, PRINT:
City of Lake Elmo
REQUEST TO APPEAR
Before the
City Council or Planning Commission
Name: I - Al V1 ) W A M---L�
Address: Ue o l,({
Agenda Item/ ( J
Subject: _ l t ! 1M VV�Lk i� t _ I c;1/i/l t L �t (P-Ate
Representing
Co./Individual
PLEASE NOTE:
1.
2.
3.
4.
Speaking time will be limited to 3 minutes.
"Request to Appear" must be completed by speaker. There will be no yielding
of time to other speakers.
Content must be civil.
Presentations will be made from the microphone. Supplementary information is to be
provided on paper submitted to the council.
Z�
rayon: Doan Johnston Lake Elmo City Council
Council members:
Steve DeLnpp TUESDAY,
Liz Johnson
Nicole Park
Anne Smith JANUARY 16, 2007
3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
Please read: Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
January 2, 2007
3. PUBLIC INOUIRIESANFORMATIONAL•
public Inquiries/hrformational is an opportunity for citizens to bring the
Council's attention any items not currently on the agenda In addressing the
A. PUBLIC INFORMATIONAL:
Council, please state your name and address for the record, and a brief summary
of the specific item being addressed to the Council. To allow adequate time for
4. CONSENT AGENDA: -
each person wishing to address the Council, we ask that individuals limit their
comments to three (3) minutes. Written documents may be distributed to the
A. Resolution No. 2007-003 :Approving
Council prior to the meeting or as bench copies, to allow a more timely
Claims
presentation.
B. Monthly Operating Report
C. 2007 Fee Schedule; Ordinance No. 97-
187
D. Partial Payment No. 3, Lakes
Mechanical Services, Inc.; Contract A -
Resolution No. 2007-004A, Contract B-
Resolution No. 2007-004B
E. Partial Payment No. 6, Change Order
No. 5; Park Construction; Resolution No.
2007-005
F. Approve Contract with Schnell Madson
for Planning Services
5. FINANCE:
Tom Bouthilet
A. Civil Defense Sirens
6. PROJECT DIRECTOR:
Susan Hoyt
A. St. Croix Valley Area Community Family
Center
Lake Elmo City Council Agenda
January 16,2007
Page 2
B. Safe Routes to School Grant
C. Discuss Possible Extension of the Old
Village Moratorium
D. Authorize Expenditures on Railroad
Crossing Request to Union Pacific
E. Verbal Update on Next Steps
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Building Department: Monthly Building
Activity
8, CITY ENGINEER'S REPORT:
A.
9. PLANNING, LAND USE & ZONING:
Kelli Matzek
A. Whistling Valley West Concept Plan and
CUP
B. Second Planning Commission and
Council Joint Workshop On Priorities — Verbal
Update
10. CITY ATTORNEY'S REPORT:
It. CITY ADMINISTRATOR'S REPORT:
12, CITY COUNCIL BUSINESS AND
REPORTS:
A. Mayor Johnston
B. Council Member DeLapp
C. Council Member Johnson
D. Council Member Park
E. Council Member Smith
ADJOURN
CLOSED SESSION: Discuss
Pending Litigation
UPCOMING MEETINGS:
Saturday, January 20"', 9:00-11:30
a.m.- Discuss Infrastructure
Tuesday, January 23'", 6:00-8:00
p.m. - Finance
Thursday, February V, 6:30-9:00
p.m. Joint CC/PZ Planning
Workshop presented by GTN
Approved as Amended ( February 6, 2007
CITY OF LAKE ELMO
CITY COUNCIL MEETING
JANUARY 16, 2007
L AGENDA
2. MINUTES: January 2, 2007
3. PUBLIC INQUIRIES/INFORMATIONAL:
4. CONSENT AGENDA:
A. Resolution No. 2007-003: Approving Claims
B. Monthly Operating Report
C. Ordinance No. 97-187: 2007 Fee Schedule
D. Resolution No. 2007-004A: Partial Payment No. 3, Lakes Mechanical Services,
Contract A; Resolution No. 2007-00413: Partial Payment No. 3, Lakes Mechanical
Services, Contract B
E. Resolution No. 2007-005: Change Order No. 5, Park Construction
F. Approve Contract with Schoell Madsen for Planning Services
5. FINANCE:
A. Civil Defense Sirens
6. PROJECT DIRECTOR:
A. St. Croix Valley Area Community Family Center
B. Safe Routes to School Grant
C. Discuss Possible Extension of the Old Village Moratorium
D. Authorize Expenditures on Railroad Crossing Request to Union Pacific
E. Update on Next Steps — Verbal
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Building Dept.: Monthly Building Activity
8. CITY ENGINEER'S REPORT:
9. PLANNING, LAND USE & ZONING:
A. Whistling Valley West Concept Plan and CUP
B. Second Planning Commission & Council Joint Workshop on Priorities — Verbal
10, CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL BUSINESS AND REPORTS:
A. Mayor Johnston
B. Council Member DeLapp
C. Council Member Johnson
D. Council Member Park
E. Council Member Smith
ADJOURN
CLOSED SESSION: Pending Legal Litigation
Reminder: Saturday, January 20, 2007, 9:00-11:30 am: Infrastructure Discussion
Tuesday, January 23, 2007, 6:00-8:00 pm: Finance Discussion
Thursday, February 1, 2007, 6:30-9:00 pm: Joint CC/PZ Planning Workshop
presented by GTN
LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 2007
Approved as Amended ( February 6, 2007
Mayor Johnston called the meeting to order at 7:00 p.m. in the Council Chambers,
COUNCIL MEMBERS PRESENT: DeLapp, Johnson, Park, Smith,
STAFF PRESENT: Project Director Hoyt, Consulting Planner Gozola, Assistant City
Planner Matzek, Finance Director/Interim City Administrator Bouthilet, City Attorney
Filla, City Engineer Prew, City Clerk Lumby, and Recording Secretary Luczak.
Pledge of Allegiance:
L AGENDA:
M/S/P Johnson/Smith — to approve the January 16, 2007, City Council Agenda.
(Motion passed 5-0)
2. MINUTES:
M/S/P Johnson/Smith — to approve the January 2, 2007, City Council Minutes.
(Motion passed 5-0)
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INFORMATIONAL:
Ann Bucheck, 2301 Legion Avenue, requested an update regarding the televising of the
Council Workshops.
Mayor Johnston stated that it had been scheduled for discussion at the January Workshop
but due to the high priority agenda items we were unable to get to it. It will now be on
the February Workshop agenda and will be discussed if time permits.
4. CONSENT AGENDA:
A. Resolution No. 2007-003: Approving Claims
M/S/P Johnson/Park — to adopt Resolution No. 2007-003, approving Claim Numbers 369,
370, DD1033 through DD1054, 30291 through 30313, were used for Staff Payroll dated
January 4, 2007; 30314 through 30375, in the total amount of $1,116,932..87 are hereby
approved. (Motion passed 5-0)
B. Monthly OperatingRepo
eport
M/S/P Johnson/Park — to approve the December 2006 Monthly Operating Report.
(Motion passed 5-0)
C. Ordinance No. 97-187: 2007 Fee Schedule
The Finance Director clarified that a Public Hearing for On -Sale Liquor Licenses will be
conducted before December 2007.
M/S/P Johnson/Park — to approve the proposed 2007 Fee Schedule in the ordinance form
recommended by the Finance Director. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 2007
Approved as Amended ( February 6, 2007
D. Resolution No. 2007-004A: Partial Payment No. 3, Lakes Mechanical Services,
Contract A• Resolution No 2007-004B: Partial Payment No. 3 Lakes Mechanical
Services, Contract B
M/S/P Johnson/Park — to adopt Resolution No, 2007-004A, Partial Payment No. 3, Lakes
Mechanical Services, Inc. for Tablyn Park/Lake Elmo Heights Plumbing Connections -
Contract A, in the amount of $248,583.42, verified by the City Engineer; and Resolution
No, 2007-00413: Partial Payment No. 3, Lakes Mechanical Services, Inc. for Tablyn
Park/Lake Elmo Heights Plumbing Connections -Contract B, in the amount of
$60,579.22, verified by the City Engineer.
(Motion passed 5-0)
E. Resolution No 2007-005• Change Order No. 5, Park Construction
M/S/P Johnson/Park — to adopt Resolution No. 2007-005, approving Partial Payment No.
6, in the amount of $265,969.91, verified by the City Engineer, and Change Order No. 5,
in the amount of $37,488.86, verified by the City Engineer, to Parks Construction
Company for Tablyn Park/Lake Elmo Heights Water Main. (Motion passed 5-0)
F. Approve Contract with Schoell Madson for Planning Services
M/S/P Johnson/Park — to approve the Contract for Consulting Services with Schoell
Madsen for one year beginning January 16, 2007. (Motion passed 5-0)
5, FINANCE:
A. Civil Defense Sirens
The Finance Director presented to the Council Phase 11 of the Warning Siren Proposal
Package previously approved at the July 18, 2006, Council Meeting. This included three
additional sirens to be installed before the 2007 storm season, and are to be placed around
the Village area and 10°i Street. A total of eight sirens had been approved, but the City
will wait until next year to see if there are any dead spots.
Council discussed the need for additional sirens, the cost of relocating the existing sirens,
and the necessity of overlap as a safety mechanism.
M/S/P Johnson/Park — to approve the purchase and installation of three warning sirens in
the total amount of $49,634.63. (Motion passed 4-1: DeLapp — more than the City needs
and sirens need to be relocated)
6. PROJECT DIRECTOR:
A. St Croix Valley Area Community Center
The Project Director asked the City Council to provide direction on how to proceed with
the St. Croix Valley Family Center request for a nominal lease in about 10 acres of land
for Phase I.
M/S/P DeLapp/Johnston — to direct the Project Director to meet with the partners of the
St. Croix Valley Community Center to learn more about the implementation of the
project, specifically the facility construction and ownership arrangements and to share
LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 2007
Approved as Amended i February 6, 2007
some potential lease requirements, and to meet with the property owner to discuss the
proposed property transfer in connection to the Village planning process.
(Motion passed 5-0)
B. Safe Routes to School Grant
The Project Director reported that the Lake Elmo Elementary School was applying for a
$20,000 Safe Route to School Safety Grant from the Minnesota Dept. of Transportation
(MnDOT). The City was asked to be the fiscal agent as required by the grant and to
participate in the process. The Project Director explained the Grant met the pedestrian
friendly goals of the Village Plan.
M/S/P DeLapp/Smith — to approve the City's participation in and action as fiscal agent
for the Minnesota Department of Transportation's Safe Route to School Planning Grant
with the understanding that the Lake Elmo Elementary School will be responsible for the
Project, with no fee for acting as the grant's fiscal agent. (Motion passed 5-0)
C. Discuss Possible Extension of the Old Village Moratorium
The Project Director informed the Council that the current moratorium expires in March
2007. She stated that it would be a benefit to the City to continue with the Master
Planning Project and recommended extending the moratorium an additional 12 months,
but anticipated the required land use controls to be in place and the City repealing the
moratorium by December 2007. The Alternative Urban Area Review (AUAR) process
will need to be completed and adopted.
M/S/P DeLapp/Johnson —to direct the Project Director to: 1) work with the City
Attorney to draft an ordinance amendment extending the Village development
moratorium for twelve months from the date of expiration with the intent to repeal the
moratorium at the earliest possible date, and 2) to schedule a public hearing on the
amendment to the ordinance on a proposed extension of the development moratorium for
February 20, 2007, and 3) notify major property owners/developers in the Village area
that may be affected by the extension of the moratorium. (Motion passed 5-0)
D. Authorize Expenditures on Railroad Crossing_ Request to Union Pacific
The City Engineer informed the Council that initial discussions with the Union Pacific
Railroad engineers were generally favorable regarding the crossing in the Village area.
Union Pacific Railroad determined that if the Study finds the crossing to be feasible and
MnDOT concurs with this finding, the Union Pacific will design a crossing and construct
it for the City's cost. Malting this a public crossing is a critical transportation element in
the current configuration of the Master Plan because it is along the route of a planned
new road to the new Village neighborhoods. The infrastructure to provide a continuous
route to Highway 5 and health/safety issues will be addressed.
M/S/P Johnson/DeLapp — to authorize the City Engineer to request a Public Crossing
Study from the Union Pacific Railway and to have them also address the issue of an
overpass/underpass, and to approve the $5,000 fee of the crossing study.
(Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 2007
4
Approved as Amended ( February 6, 2007
E. Update on Next Steps — Verbal
The Project Director updated the Council on the scheduled Workshops to keep the
residents informed about the Village. She requested that property owners, Planning and
Parks Commission members should provide their email addresses so she will be able to
keep everyone up -do -date. The January 20, 2007, workshop will discuss infrastructure
and the January 23, 2007, workshop will discuss the necessary finance tools. A
workshop on Alternative Urban Area Review (AUAR) will also be scheduled.
7. MAINTENANCE/PARK/FIREBUILDING
A. Building Dept : Monthly Building Activity
The Building Official presented the December 2006 Monthly Building Report. He
updated Council and residents that carbon monoxide detectors will be required in all new
homes effective January 2007 and by August 2008 for all existing houses. They are
currently not part of the building code but the Building Dept. Staff will be looking for
them when inspections are made.
8. CITY ENGINEER'S REPORT
The City Engineer reported that the Tablyn Park/Lake Elmo Heights project is about 75%
complete. Letters have been mailed to residents regarding the well sealing that will be
occurring this week.
The Project Director updated Council about the City's Newsletter and keeping its
residents informed about the water issues in Lake Elmo.
Council Members agreed that the next step is the continued constant monitoring being
done by the MDH and MPCA. Whenever the City receives notifications, the State
Agencies have already notified the residents directly.
9. PLANNING, LAND USE & ZONING
A. Whistling Valley West Concept Plan and CUP
The City Planner reviewed the Whistling Valley West Concept Plan and stated that the
acreage for the proposed eight additional units does not meet the requirements of the
City's Open Space Preservation (OP) code. The proposed subdivision includes 15 aces
instead of the required 40 acres and additional OP requirements were not met with the
application.
The Planner recommended compliance with the recommendations of the City Engineer,
City Attorney and those of the Washington Comity Watershed District and Washington
County found by the City to be reasonable and proper, and adhere to the feedback
provided by the Planning Commission and City Council.
Council discussed that the objectives in the Comprehensive Plan regarding Open Space
fall short on this Concept Plan, Whistling Valley I and II was developed at 16/40 and
were each applied for as individual applications. The Council may be open to possibly
supporting 5 or 6 lots but they must fit in with the Whistling Valley I & II developments.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 2007
Approved as Amended ( February 6, 2007
M/S/P DeLapp/Johnson — requested that the following items be completed before the
application is returned to the Council for review: 1) The applicant shall discuss the
proposed application with the MN Land Trust, 2) Staff shall determine the density for the
site as shown in the City's Comprehensive Plan, 3) Staff shall provide information about
the original approved plan for Whistling Valley I and II, and 4) Staff shall research
implications for precedent setting. (Motion passed 5-0)
B. Second Planning Commission & Council Joint Workshop on Priorities — Verbal
The Project Director requested an educational workshop be scheduled for February gth
from 6:30 pm — 9:00 pm, to discuss the following: Approaching the zoning code process
and the Planning Commission process. She will email everyone to confirm the location,
date, and time.
10. CITY ATTORNEY'S REPORT
The City Attorney updated the Council that the Park Construction mediation with EBI
has been unsuccessful and the Minnesota Insurance Trust, LMNC will be meeting
Wednesday, January 17, 2007, to review the case. The LMNC has determined that they
will accept this case and represent the City.
11. CITY ADMINISTRATOR'S REPORT
None
12. CITY COUNCIL BUSINESS AND REPORTS
A. Mayor Johnston informed Council that he had attended a Community
Development Committee meeting and the City's request for a six-month extension of the
Comprehensive Plan was discussed. The Systems Statement was recommended as
published by Staff, with no penalty.
B. Council Member DeLapp — None
C. Council Member Johnson complimented on the great Staff reports and the in-depth
options provided.
D. Council Member Park agreed with Council Member Johnson.
E. Council Member Smith - None
Meeting adjourned at 9:21 p.m.
CLOSED SESSION: Discussion of pending litigation
REMINDER: Upcoming Meetings
LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 2007
Approved as Amended February 6, 2007
Saturday, January 20, 2007, 9:00-11:30 am: Infrastructure Discussion
Tuesday, January 23, 2007, 6:00-8:00 pm: Finance Options
Thursday, February 1, 2007, 6:30-9:00 pm: Joint CC/PZ Planning Commission
Workshop presented by GIN
Resolution No. 2006-003: Approved Claims
Resolution No. 2006-004A: Partial Payment No. 3, Lakes Mechanical Services,
Contract A
Resolution No. 2007-00413: Partial Payment No. 3, Lakes Mechanical Services,
Contract B
Resolution No. 2007-005: Change Order No. 5, Park Construction
Ordinance No. 97-187: 2007 Fee Schedule
LAKE ELMO CITY COUNCIL MINUTES JANUARY 16, 2007
7