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HomeMy WebLinkAbout02-20-07 CCMMayor' Dean Johnston Lake Elmo City Council Council members: SteveDeLnpp Tuesday, Liz Johnson Nicole Park Anne Smitthh February 20, 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: February 6, 2007 3. PUBLIC INQUIRIES/INFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the A. PUBLIC INQUIRIES: agenda. In addressing the Council, please state your name and B. PUBLIC INFORMATIONAL: address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for (1) Jill Anderson, Lake Elmo Jaycees — each person wishing to address the Council, we ask that Presentation of Check individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the (2) Jim Kelly, Mn Dept, of Health meeting or as bench copies, to allow a more timely presentation. 4. CONSENT AGENDA Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one A. Resolution No. 2007-015:Approving motion under a Consent Calendar format. There will be no Claims separate discussion of these items unless a Council member so B. Resolution No. 2007-016:Whistling requests, in which event, the item will be removed from the general order of business and considered separately in its normal Valley West Concept Plan sequence on the agenda. C. Monthly Operating Report 5. FINANCE Tom Bouthilet A. Recycle Classroom Education 6. PROJECT DIRECTOR: A. Proposal for Utility Infrastructure Susan Hoyt Planning & Financial Analysis B. AUAR — February 27, 2007 (verbal) 7. MAINTENANCE/PARK/FIRE/BUILDING A. Building Dept.:Monthly Building Report Lake Elmo City Council Agenda February 20,2007 Page 2 S. CITY ENGINEER'S REPORT: Ryan Stempski A. Update on MCES Interceptor — Hudson Boulevard Right -of -Way Permit Approval ,(verbal) 9. PLANNING. LAND USE & ZONING: K.Matzek/B.Gozola A. Septic Variance; Jeff Anderson; 11225 31" Street, Resolution No. 2007-018 B. MnDOT Highway 5 Landscape Project (1) Resolution No. 2007-017 entering into MnDOT agreement for project 10. CITY ATTORNEY'S REPORT: J. Filla A. Proposed Moratorium on Sexually Oriented Business; Ordinance No. 97-189 B. Request from Ziertmans to meet with City Attorney and City Council (verbal) 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: (1) Review Commercial Outdoor Social Events Ordinance A. Mayor Johnston B. Council Member DeLapp C. Council Member Johnson D. Council Member Park E. Council Member Smith 13. ADJOURN Community Improvement Committee; February 28t^, 7 p.m. AM EN DLIAPPROVED: 03120107 CITY OF LAKE ELMO CITY COUNCIL MEETING FEBRUARY 20, 2007 L AGENDA 2. MINUTES: February 6, 2007 3. PUBLIC INQUIRIES/INFORMATIONAL A. Public Inquiries B. Public Informational 1. Jill Anderson — Lake Elmo Jaycees Donation 2. Jim Kelly — Minnesota Department of Health 4. CONSENT AGENDA: A. Resolution No. 2007-015: Approve Claims B. Resolution No. 2007-016: Whistling Valley West Concept Plan C. Monthly Operating Report 5. FINANCE: A. Recycling Coordinator 6. PROJECT DIRECTOR: A. Ehlers Financial Planning B. AUAR — February 27, 2007 (verbal) 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Building Dept.: Monthly Building Report 8. CITY ENGINEER'S REPORT: A. MCES Interceptor — Hudson Boulevard Right -of -Way Permit Approval — Update 9. PLANNING, LAND USE & ZONING: A. Septic Variance: Jeff Anderson B. Mn/DOT Community Roadside Landscaping Partnership Project 1. Resolution No. 2007-017: Entering into MN Agreement for Project 10. CITY ATTORNEY'S REPORT: A. Ordinance No. 97-189: Proposed Moratorium on Sexually Oriented Business B. Request from Ziertman's to meet with City Attorney and City Council — verbal 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: A. Mayor Johnston 1. Review Outdoor Social Events Ordinance (No. 97-167) 2. The 2007 Legislative Agenda — update B. Council Member DeLapp C. Council Member Johnson D. Council Member Park E. Council Member Smith 13. ADJOURN LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007 AMENDL/APPROVED; 03/20107 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: Interim City Administrator/Finance Director Bouthilet, Project Director Hoyt, Consulting Planner Gozola (Schoell Madson), Assistant Planner Matzek, City Attorney Filla (Peterson, Frain, Bergman), City Engineer Stempski (TKDA), City Clerk Lumby, and Recording Secretary Luczak Pledge of Allegiance: L AGENDA Additions: 12A (1): Tax Seminars to local businesses; (2): Legislative Agenda Changes: 12(1) to 12A: Review Commercial Outdoor Social Events Ordinance M/S/P Johnson/Smith — to approve the February 20, 2007, City Council Agenda as amended. (Motion passed 5-0) 2. MINUTES M/S/P Johnson/DeLapp — to approve the February 6, 2007, City Council Minutes with amendments from Council Member Johnson. (Motion passed 5-0) 3. PUBLIC INQUIRIES/INFORMATIONAL A. Public Inquiries - None B. Public Informational A. Jill Anderson — Lake Elmo Jaycees Donation Jill Anderson and Michelle Carlson, Lake Elmo Jaycees, donated proceeds from its lawful gambling profits in the amount of $8,000.00 to the City for public benefit consistent with the mission of the Jaycees. The Mayor thanked the Jaycees for their generous donation. B. Jim Kelly Minnesota Department of Health Jim Kelly, Minnesota Department of Health, updated the Council regarding the PFC groundwater contamination in Washington County cities of Oakdale, Lake Elmo and Woodbury. He reported that the State is continuing to conduct well logging at various test locations around the closed landfill sites and within the area that the Department of Health believes to be the extent of the contamination plume. The sampling takes place on a quarterly basis at minimum. According to Mr. Kelly, the Department of Health has a high degree of certainty of the location of the PFBA plume is located and they will continue to keep cities and property owners appraised of significant test results. Mr. Kelly also reported that the two city wells in the City of Lake Elmo are being monitored on a regular basis with results continually reported to the Project Director. Mr. Kelly also reported that the water connection project in Lake Elmo Heights and Tablyn Park is about 90% complete. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007 AMEN DL l AP P ROVED: 03/20/0 7 The Building Official reported that the State has significant restrictions that apply whenever a new well is dug in areas where groundwater contamination has been found. 4. CONSENT AGENDA A. Resolution No. 2007-015: Approve Claims M/S/P Johnson/Smith — to approve Resolution No. 2007-015, approving Claims Numbers 378, 379, DD1079 through DD1103, 30462 through 30485, were used for Staff Payroll dated February 15, 2007; 30486 through 305033, in the total amount of $205,052.41. (Motion passed 5-0) B. Resolution No 2007-016: Whistling Valley West Concept Plan M/S/P Johnson/Smith — to adopt Resolution No. 2007-016, approving the Whistling Valley West Concept Plan. (Motion passed 5-0) C. Monthly perating Report M/S/P Johnson/Smith — to approve the January 2007 Monthly Operating Report. (Motion passed 5-0) 5. FINANCE A. Recycling Coordinator (verbal) The Finance Director updated the Council about the 2007 annual Recycling Grant received yearly from Washington County. Part of the justification for the grant is to provide classroom education in Lake Elmo. The City had received a request from a 3`d grade teacher at Lake Elmo Elementary to contract with "Service on a Shoestring" to provide this specialized instruction on material reduction, re -use and recycling from Karen Richtman, who specializes in this topic and provides services to many area schools. City Staff will also be meeting with Karen to discuss future recycling services. Council Member DeLapp asked why the County Grant isn't given to the various school districts, since the proposed service will benefit children from all cities within the Lake Elmo Elementary School boundary and will exclude Lake Elmo students who are bused to Oakdale, Mahtomedi and Stillwater. Staff indicated that the educational program is County -wide and that similar programs are offered in all other elementary schools. M/S/P Smith/Johnson — to retain Service on a Shoestring for the services of Karen Richtman to provide recycling education at Lake Elmo Elementary not to exceed $3,000,00. (Motion passed 5-0) 6, PROJECT DIRECTOR A. Ehlers Financial Planning The Project Director requested the Council to consider approval of a proposal from Ehlers and Associates for financial planning for the Village utility infrastructure. The proposed services would help the City determine when and how to provide and pay for the implementation of the required public infrastructure. She also requested LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007 AMEN I)LIAPPROVED: 03/20/07 consideration of an additional financial study from Ehlers and Associates to provide a financial management plan that would give the City information on what tax revenue and what tax/service demands would accompany the proposed development and how to address those in future budgets. That study will cost $15,000 and approval would be requested after the final Master Plan is was approved by the Council. This would focus analysis by Ehlers and Associates of the selected development scenarios. Jessica Cook, Ehlers and Associates, presented the Council a proposal for utility infrastructure planning and financial analysis related to the Village area development plan. She advised the Council that the project would determine how to financially accommodate water, sewer and other infrastructure expenditures to finance the Village area. Included in the proposed work program will be a recommendation regarding how to most equitably and justifiably charge property owners for the cost of the improvements which will be required. Council discussed the option of suspending the project at some point if the City felt it had enough information for decision malting. Jessica advised the Council that such a financial plan as proposed would assure the City remains in a financially sound situation regarding infrastructure investments by the City in the Village area over a 10 year period. M/S/P Johnson/Park — to accept a proposal for utility infrastructure planning and financial analysis from Ehlers and Associates not to exceed $28,000.00. (Motion passed 5-0) B 1. AUAR— February 27, 2007 —verbal Project Director stated that the AUAR is a complete in-depth environmental review over a broad geographic area. A Request for Proposals to prepare an AUAR had been sent out by the City, and the Council appointed Technical Team heard presentations from the three interested parties earlier in the day. At the special February 27, 2007, meeting, the Council will be asked to select the firm to complete the AUAR. 2. The Project Director also updated the Council about the disposal of the contaminated water underneath the Hagberg site, and that the Village Master Plan will be presented at the March 6, 2007, City Council meeting. 7. MAINTENANCE/PARK/FIRE/BUILDING A. Building Dept • Monthly Building Report The Building Official informed the Council that residential and commercial construction is still below normal for this time of year. There have been 184 City water connections completed in Tablyn Park and Lake Elmo Heights so far and approximately 130 have passed final inspection. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007 AM EN LWAPPROVED: 03120/07 8. CITY ENGINEER'S REPORT A. Update on MCES Interceptor — Hudson Boulevard Right -of -Way Permit Approval The City Engineer reported that the route is being surveyed for the Sewer Interceptor that will be extended from 1-94 to the Village area generally along the Lake Elmo Avenue right-of-way. Mn/DOT has been requested to provide a right-of-way permit for the 40- foot deep tunnel that will extend under I-94 from Woodbury. He reported that the Interceptor project is basically on schedule and will begin in May 2007. 9. PLANNING, LAND USE & ZONING A. Septic Variances — Jeff and Claudia Anderson 11225 3I't Street North The Assistant Planner informed Council that the Planning Commission held a Public Hearing on February 17, 2007, for a septic variance request to replace a failing septic system at 11225 3I't Street North. The Planning Commission unanimously recommended approval of this application for a new septic drain field 3 feet in from both north and east property lines (10 feet required), and 13 feet from a structure (20 feet required). Council requested clarification in regards to: "failed system" versus a "failing system", clarity of if it is an eminent health threat, feasibility of the utilization of a holding tank or other temporary system, and the time frame when sewer would become available. The Building Official stated that this system should provide a proper functioning system until the resident wishes to hook up to City sewer after it becomes available. The Project Director stated that the City could not guarantee that City sewer would be available to this property in two years. M/S/P Park/Johnson — to adopt Resolution No. 2007-018, approving the septic setback variances at 11225 3 0 Street North, based on the following Findings and the recommendations of the Planning Commission: 1. The property cannot be put to reasonable use without the granting of the variance requested. The physical constraints of the lot mandate the proposed site as the only location possible for a new drain field. 2. The variance requested does not result from physical circumstances found on this property. 3. Granting the variance will not change the essential character of the neighborhood. (Motion passed 5-0) The applicants asked the Council to return the variance application fee. The Council determined that the fee should not be refunded as there is no basis for special consideration, which would not apply to other applicants. B (1). Mn/DOT Community Roadside Landscaping Partnership Program The Assistant Planner updated the Council regarding the Mn/DOT Community Landscaping Partnership Program. In August 2006 the City approved Resolution No. 2006-075 authorizing the Application and Primary Contact Person as Council Member LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007 AM EN DLL)IAPPROVED: 03120/07 Smith. Council Member Smith, serving as a representative of Carriage Station, and City Staff have worked with Mn/DOT to formulate a landscaping plan for the area adjacent to Highway 5 from Marquess Trail South 600 feet of the Highway 5 road right-of-way adjacent to Carriage Station Park. Mn/DOT will provide payment of up to $9,000 to the City of Lake Elmo for the landscape materials associated with this project. The City Public Works Department will purchase the trees and mulch, and prepare the site. Area volunteers will plant the trees and the City will provide watering as necessary. M/S/P Smith/Johnston — to adopt Resolution No. 2007-017, approving Mn/DOT Agreement No. 90705 for the following purposes: To provide for payment by the State to the City of the State's share of the costs of the acquisition of landscape materials to be placed by the City in the right-of-way of State Highway No. 5 from Marquess Trail to 600 feet south within the corporate City limits under State Project No. 8214-969C. (Motion passed 5-0) 10. CITY ATTORNEY'S REPORT A. Ordinance No 97-189• Proposed Moratorium on Sexually Oriented Business The City Attorney recommended adoption of the ordinance entitled, "An Ordinance Adopting a Moratorium Relating to Adult Uses." The Ordinance defines an adult use and prohibits the establishment of such uses during the moratorium. Council determined that an ordinance is long overdue for the City of Lake Elmo. M/S/P Johnson/Johnston — to approve Ordinance No. 97-189, adopting a Moratorium relating to Adult Uses. (Motion passed 5-0) B. Request from Ziertman's to meet with City Attorney and City Council — verbal The City Attorney reported that a request had been received from Mr. and Mrs. Ziertman to meet jointly with the City Council and the City Attorney. Council discussed the need for a letter in writing from the Ziertman's detailing their grievances, damages, and misconduct prior to even considering the scheduling of a meeting. An itemized listing from the Ziertman's will assist with the structure of the requested meeting. The Council identified that at any City Council meeting, the public is given the opportunity to speak under Public Inquiries and the Ziertman's would have this same opportunity if they wish to do so. M/S/P Johnson/Park — to direct the City Attorney to recontact the Ziertman's, requesting a written detailed listing of misconduct/damages/grievances, prior to the scheduling of a meeting with the Council and the City Attorney. (Motion passed 4-1: Smith -every resident has a right to file a grievance) 11. CITY ADMINISTRATOR'S REPORT - None LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007 AMEN DLAPPROVED: 03/20107 12. CITY COUNCIL REPORTS Mayor Johnston: A (1). Ordinance No. 97-167 — Review Outdoor Social Events Mayor Johnston requested Council to review the current Ordinance, and asked if Council should consider a moratorium regarding residences being used for income occupation until issues such as traffic and noise are reviewed. Council Members asked what the concerns were, was there a need for further study, and possible yearly review of ordinances. Council stated that concerns or issues have not been brought forward to the Council as a whole to support the need for this moratorium ordinance request. Council stated that if a moratorium is to be put into place a clear understanding of the issues need to be identified before such action is taken. Resident Carol Palmquist, 12202 55t" Street North, spoke that she had been in contact with the Assistant Planner and had her application for a Conditional Use Permit ready for submittal. Council Members reported receiving several complaints about the outdoor event activities at the Palmquist residence at 55t" Street North during 2006. The Interim City Administrator stated that the complaints received at the City dealt with the take down activities. No applications have yet been received by the City. M/S/P Park/Johnson — to return to the March 6, 2007, Council meeting for further discussion and determine if a moratorium is needed. (Motion passed 3-2: Johnson/Johnston) (2) The 2007 Legislative A eg nda — update The Mayor updated the Council about his meeting with Representative Bunn and Senator Saltzman regarding the 2007 legislative agenda. Our proposal to give cities the authority to implement electronic speed management will be possible only if Minneapolis agrees to add it to their PhotoCop proposal. AMM is pursuing legislation which is intended to reduce the likelihood of conflicts between cities and the METC. AMM is planning to delay any proposals for legislation which would take away authority to impose penalties until 2008 legislation. The Mayor spoke at the Greater Stillwater Chamber of Commerce recently and that the City should consider presenting a short seminar on local business taxes. The seminar would be held at the Lake Elmo Inn Event Center with no cost to the businesses (except for the meal). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007 AMENDl a/APPROVED: 03120107 M/S/P DeLapp/Smith — to direct Staff to contact Frank Langer, City Assessor, and offer the local businesses a short tax seminar. (Motion passed 5-0) The Mayor also suggested that WiFi be explored in the Village area, perhaps with the Community Improvement Commission. B. Council Member DeLapp thanked Council Member Smith for re -starting the Landscape Partnership Program with the State and observed that our City has had 10 years of lost grant opportunities due to lack of initiative and interest, since the last landscaping project. He stated that he had attended the Lake Elmo Inn Event Center Open House and encouraged residents to visit and participate in the activities of the Lake Elmo Regional Art Center. C. Council Member Johnson reported that she had attended the Lake Elmo Fire Department Appreciation Dinner on Saturday the 10t". It was a wonderful event and the Department honored Marty Rafferty for his work and Marty's wife Joanne was there to accept the award on behalf of Marty. The event also recognized three firefighters with service award pins. They were: Firefighter Brandt Grages for 10 years of service, Firefighter/Engineer Richie Springborn for 10 years of service, and District Chief Doug Pepin for 15 years of service. She congratulated these three firefighters and offered a big thank you for their time and dedication to the Department and City. She attended the Lake Elmo Inn Event Center open house on Sunday the 18th. She said she thought that John Schiltz and his fiancee, Chris, have done an excellent job converting this building into a wonderful space for meetings and events like weddings and this is a great asset to the City. In December, the Council asked that she work with the Fire Department regarding the purchase requests they brought to the council. She wanted to give the Council an update that she has been working with Tom Bouthilet, Greg Malmquist, and now Mike Bouthilet and Bud Talcott from the Maintenance Advisory Committee in the creation of an analysis document. The purpose of this document was to assure adequate analysis had been done to support the request in order to get to a "yes" vote. Over the next month she will be meeting with the MAC members for their input, the Fire Department Equipment Committee for their input, and City Staff consisting of Greg Malmquist, Mike Bouthilet, and Tom Bouthilet for their input. After this additional input is received, she will bring it back to the Council to see if any other information would be helpful in order to make an informed decision. Special thanks were given to Mike Bouthilet, Todd Bruchu and Bill Longbehn for a successful resolution to identify a way in which the use of the VFW baseball field could be shared. She thanked Mike Bouthilet for facilitating this meeting. She attended the Property Tax Workshop presented by Washington County on February 8, 2007. It was very informative and useful information. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007 AM EN DL/APPROVED: 03/20107 D. Council Member Park encouraged residents to consider becoming a member of the Lake Elmo Community Improvement Committee as there are current vacancies. E. Council Member Smith —None REMINDER: Community Improvement Committee meeting next Wednesday, February 28, 2007, at 7:00 p.m. Applications are on the City's website. Meeting Adjourned at 9:20 p.m. Resolution No. 2007-015: Approved Claims Resolution No. 2007-016: Whistling Valley Concept Plan Resolution No. 2007-017: Agreement No. 90705 with Mn/DOT for Reimbursement of Landscaping Materials up to $9,000 for area adjacent to Highway 5 Resolution No. 2007-018: Septic Variance for Jeff Anderson, 11225 31" Street Ordinance No. 97-189: Moratorium on Sexually Oriented Business LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 20, 2007