HomeMy WebLinkAbout02-06-07 CCMMayor:
Dean Johnston Lake Elmo City Council
Council members:
Steve DeLapp Tuesday,
Liz Johnson
Nicole Path h
Anne Smith .February 6, 2007
3800 Laverne Avenue No.
Lake Elmo, NIN 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.
Park Commission Candidate Interviews
6:00 p.m. Jennifer Rasmussen 6:15 p.m. Mike Zeno 6:30 p.m. Susan Dunn
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes:
January 16, 2007
3. PUBLIC INQUIRIESQNFORMATIONAL:
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
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 Council prior to the
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. 2007-006:Approving
motion under a Consent Calendar format. There will be no
Claims
separate discussion of these items unless a Council member so
B. Escrow Reduction: Sanctuary
requests, in which event, the item will be removed from the
general order of business and considered separately in its normal
C. Lakes Mechanical, Plumbing
sequence on the agenda.
Connections Contracts A and B Partial Payment
No. 4; Resolution Nos. 2007-007A, 2007-007B
D. Kimmes Baurer, Well Sealing Contracts
A and B Partial Payment No. 1; Resolution Nos.
2007-008A, 2007-008B
E. G.M. Contracting, Northern Watermain
Extension; Partial Payment No. 2; Resolution
No. 2007-009
Lake Elmo City Council Agenda
February 6,2007
Page 2
F. CB&I Constructors, Elevated Water
Storage Tank No. 2, Partial Payment No 9;
Resolution No. 2007-012
G. Project Director Susan Hoyt, Lake Elmo
Rotary Membership
H. Animal Control Contract
5. FINANCE
Tom Bouthilet
A. Reimbursement; Resolution No. 2007-010
6. PROJECT DIRECTOR:
A. Reschedule Public Hearing to Extend the
Interim Moratorium Ordinance for the Village
Susan Hoyt
Area from Feb 20, 2007 to April 3, 2007
B. Endorse Process for Reviewing
Alternative Urban Area Review Proposals
C. Verbal update Bullets:
Village:
(1) Financial Planning WEhlers
(2) Discussion with Washington County &
MnDOT on Lake Elmo Ave., Hgwy 5, etc.
(3) Master Plan Workshop on 2-27-07
Water Contamination (no new information)
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Maintenance Dept.
Mike Bouthilet
(1) Additional Full Time Public Works
Employee
B. Parks Dept.:
(1) Parks Commission Appointments
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Consider an Alignment for the Trunk
Sanitary Sewer from the MCES Interceptor to
Reid Park
B. Well Head Protection Plan
9. PLANNING. LAND USE & ZONING:
K.Matzek/B.Gozola
A. Whistling Valley West Concept Plan &
CUP
B. Extend Agreement between Washington
County and the City for CDBG; Resolution No.
2007-013
C. Extend agreement eligibility with
Consultant, Molly Krakowski for the CDBG
Project ; Resolution No. 2007-014
Lake Elmo City Council Agenda
February 6,2007
Pave 3
D. Consider Resolution on I-94 Corridor
Study 2007-011
10. CITY ATTORNEY'S REPORT:
A. Proposed Moratorium on Signs —
Billboards
11. CITY ADMINISTRATOR'S REPORT:
A. Lake Elmo/Oakdale Historical Society
Funds Request
B. Verbal Update on Employee
Compensation
12, CITY COUNCIL REPORTS:
A. Mayor Johnston: - Legislative Agenda
B. Council Member DeLapp
C. Council Member Johnson
D. Council Member Park
E. Council Member Smith
13. ADJOURN
CLOSED SESSION: Pending Litigation
APPROVED AS AMENDED FEBRUARY 20, 2007
CITY OF LAKE ELMO
CITY COUNCIL MEETING
FEBRUARY 6, 2007
1. AGENDA
2. MINUTES: January 16, 2007
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Public Informational
C. Lake Elmo/Oakdale Historical Society Funds Request -moved from 11A
4. CONSENT AGENDA:
A. Resolution No. 2007-006: Approving Claims
B. Escrow Reduction: Sanctuary
C. Resolution No. 2007-007A: Lakes Mechanical, Plumbing Connections Contract
A, Partial Payment No. 4; Resolution No. 2007-007B: Lakes Mechanical, Plumbing
Connections Contract B, Partial Payment No. 4
D. Resolution No. 2007-008A: Kimmes Bauer, Inc., Well Sealing Contract A, Partial
Payment No. 1; Resolution No. 2007-008B: Kimmes Bauer, Inc, Well Sealing Contract
B, Partial Payment No. 1
E. Resolution No. 2007-009: G.M. Contacting, Northern Water main Extension,
Partial Payment No. 2
F. Resolution No. 2007-012: CB & I Constructors, Elevated Water Storage Tank
No. 2, Partial Payment No. 2
G. Project Director Susan Hoyt, Lake Elmo Rotary Membership -moved to I IC
H. Animal Control Contract
5. FINANCE:
A. Resolution No. 2007-010: Establishing Procedures Relating to Compliance with
Reimbursement Bond Regulations Under the Internal Revenue Code
6. PROJECT DIRECTOR:
A. Reschedule Public Hearing to Extend the Interim Moratorium Ordinance for the
Village Area from February 20, 2007 to April 3, 2007
B. Endorse Process for Reviewing Alternative Urban Area Review Proposals
1. Discretionary EAW for the Proposed Trunk Sewer Project (addition)
C. Verbal Update: Village Bullets
1. Financial Planning w/Ehlers
2. Discussion w/Washington County & MnDOT on Lake Elmo Ave., Hwy 5, etc.
3. Master Plan Workshop on February 27, 2007
Water Contamination (no new information)
7. MAINTENANCE/PARIC/FIRE/BUILDING:
A. Maintenance Dept.:
1, Additional Full Time Public Works Employee
B. Parks Dept.:
1. Parks Commission Appointments
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
APPROVED AS AMENDED FEBRUARY 20, 2007
8. CITY ENGINEER'S REPORT:
A. Alignment Consideration for the Trunk Sanitary Sewer from the MCES
Interceptor to Reid Park
B. Well Head Protection Plan
9. PLANNING, LAND USE & ZONING:
A. Whistling Valley West Concept Plan & Conditional Use Permit (CUP)
B. Resolution No. 2007-013: Amendment to CDBG Contract Between Washington
County and the City
C. Resolution No. 2007-014: Amendment to the September 15, 2005, Professional
Services Agreement with Molly M. Krakowski
D. Resolution No. 2007-011: Support for Funding for the I-94 Corridor
Transportation Feasibility Analysis
10. CITY ATTORNEY' S REPORT:
A. Ordinance No. 97-188: Moratorium Related to Constructing New or -Modifying
Existing Electronic Changeable Copy Signs, Electronic Graphic Display Signs, Video
Display Signs, Flashing Signs, Multi -Vision Signs, and Rotating Signs
11. CITY ADMINISTRATOR'S REPORT:
A. Lake Elmo/Oakdale Historical Society Funds Request -moved to 3C
A. Administrator Search (addition)
B. Employee Compensation Update: Verbal
12. CITY COUNCIL REPORTS:
A. Mayor Johnston: Direction of a 2007 Legislative Agenda
B. Council Member DeLapp
C. Council Member Johnson
D. Council Member Park
E. Council Member Smith
13. ADJOURN
CLOSED SESSION: Pending Litigation
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
( APPROVED AS AMENDEf FEBRUARY 20, 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, Consultant Planner Gozola, Assistant Planner
Matzek, Finance Director/Interim City Administrator Tom Bouthilet, City Attorney Filla,
Public Works Supt. Mike Bouthilet, City Engineer Prew, City Clerk Lumby, and
Recording Secretary Luczak.
Pledge of Allegiance:
L AGENDA
Additions:
6B.1: Discretionary EAW for the Proposed Trunk Sewer Project
I IA: Administrator Search
Changes:
I IA to 3C: Lake Elmo/Oakdale Historical Society Funds Request
4G to 11 C: Lake Elmo Rotary Membership for Project Director
M/S/P Johnson/Smith — to approve the February 6, 2007, City Council Agenda as
amended. (Motion passed 5-0)
2. MINUTES
M/S/P Johnson/Park — to approve the January 16, 2007, City Council Minutes as
amended. (Motion passed 5-0)
3. PUBLIC INQUIRIES/INFORMATIONAL
A. Public Inquiries
William Longbehn, 2621 Innsdale Avenue North, informed the Council about his request
to reserve the VFW ball field, since it is the only 90' baseball playing field. The City
Staff informed him it was already reserved to the Lake Elmo Baseball Association for the
summer months, and to contact Mr. Bruchu directly about possible use. He was informed
that there were not enough days and fields to be able to provide him with an open field
time.
The Parks Supt. updated the Council about the situation between Mr. Longbehn and Mr.
Bruchu, and suggested that a meeting be scheduled to determine actual usage of the VFW
ball field and if both organizations share the field. He will update the Council at the
March 6, 2007, Council meeting.
M/S/P Johnson/Smith — to direct the Parks Supt. to provide a formal report of the usage
of the City's fields. (Motion passed 5-0)
Pat Dean, 8028 IIill Trail North, thanked the City for their donation toward the Tri-Lakes
Association regarding the City's boating regulations sign.
B. Public Informational: None
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
APPROVED AS AMENDED FEBRUARY 20, 2007
C. Lake Elmo/Oakdale Historical Society Funds Request — moved from I IA
The Interim City Administrator is requesting Council approval for a $1,200.00 donation
to the Oakdale/Lake Elmo Historical Society for the reprinting of the 2nd Addition
Oakdale/Lake Elmo Historical Book. The City has previously budgeted and donated
$1,000.00 to the Historical Society, and the budget does allow for limited unexpected
expenditures.
Historical Society Member Duane Ellefson thanked the Council for their $1,000 donation
in 2006. The money has been used to reprint The History of Oakdale 2nd Edition, and the
money would again be used to reprint. The books are available for sale at Oakdale and
Lake Elmo City Hall.
Council discussed the merits of increasing the donation and determined that the City
would donate only the amount budgeted for 2007.
M/S/P Johnson/Park — to approve a donation of $1,000.00 to the Oakdale/Lake Elmo
Historical Society. (Motion passed 4-1: DeLapp-He doubted that any of the Council
Members had personally contributed to the Historical Society and that it was
inappropriate for them to force all residents to contribute; rather the City should publicize
the value to residents of the organization and encourage personal contributions of time
and money.)
4. CONSENT AGENDA
A. Resolution No 2007-006: Approving Claims
M/S/P Johnson/Smith — to adopt Resolution No. 2007-006, approving Claim Numbers
362, 373, DD1055 through DD1065, 30376 through 30388, were used for Staff Payroll
dated January 18, 2007; 364, 375, DD1066 through DD1078, 30389 through 30396, were
used for Staff Payroll dated February 1, 2007; 376, 377, 30397 through 30461, in the
total amount of $761, 367/20 are hereby approved. (Motion passed 5-0)
B. Escrow Reduction: Sanctuary
M/S/P Johnson/Smith — to approve the Escrow Reduction No. 5 for St. Croix's Sanctuary
from $2,878,705.00 to $78,750.00, as presented in the City Engineer's Memo dated
January 30, 2007. (Motion passed 5-0)
C. Resolution No 2007-007A: Lakes Mechanical, Plumbing Connections Contract
A Partial Payment No 4• Resolution No. 2007-00713: Lakes Mechanical, Plumbing
Connections Contract B, Partial Payment No. 4
M/S/P Johnson/Smith — to adopt Resolution No. 2007-004A, approving Partial Payment
No. 4, to Lakes Mechanical Services, Inc., for Tablyn Park/Lake Elmo Heights Plumbing
Connections -Contract A, in the amount of $20,602,65, verified by the City Engineer; and
adopt Resolution No. 2007-004B, approving Partial Payment No. 4, to Lakes Mechanical
Services, Inc., for Tablyn Park/Lake Elmo Heights Plumbing Connections -Contract B, in
the amount of $76,055.86, verified by the City Engineer. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
APPROVED AS AMENDED FEBRUARY 20, 2007
D. Resolution No 2007-008A• Kimmes Bauer Inc. Well Sealing Contract A, Partial
Payment No 1 • Resolution No 2007-008B: Kimmes Bauer Inc, Well Sealing Contract
B, Partial Payment No. 1
M/S/P Johnson/Smith — to adopt Resolution No. 2007-008A, approving Partial Payment
No. 1, to Kimmes-Bauer, Inc., for Tablyn Park/Lake Elmo Heights Well Sealing -Contract
A, in the amount of $8,170.00, verified by the City Engineer; and adopt Resolution No.
2007-008B, to Kimmes-Bauer, Inc., for Tablyn Park/Lake Elmo Heights Well Sealing -
Contract B, in the amount of $8,265.00, verified by the City Engineer.
(Motion passed 5-0)
E. Resolution No 2007-009• G M Contracting Inc Northern Water Main
Extension, Partial Payment No. 2
M/S/P Johnson/Smith — to adopt Resolution No. 2007-009, approving Partial Payment
No. 2, to G.M. Contracting, Inc., for the Northern Water Main Extension, in the amount
of $286,414.37, verified by the City Engineer. (Motion passed 5-0)
F. Resolution No 2007-012• CB & I Constructors, Elevated Water Storage Tank
No 2 Partial Payment No. 2
M/S/P Johnson/Smith — to adopt Resolution No. 2007-012, approving Partial Payment
No. 9, to CB & I Constructors, Inc., for the Elevated Water Storage Tank No. 2, in the
amount of $13,775.00, verified by the City Engineer. (Motion passed 5-0)
G. Project Director Rotary Membership — moved to 11C
H. Animal Control Contract
M/S/P Johnson/Smith — to approve the 2007 animal control contract to Animal Control
Services, Inc. (Motion passed 5-0)
5. FINANCE
A. Resolution No 2007-010• Establishing Procedures Relating to Compliance with
Reimbursement Bond Regulations Under the Internal Revenue Code
The Finance Director is recommending approval of the resolution to allow the City to re-
capture its project related expenses for the Village, the water infrastructure and other
capital projects as part of any future bond issue. Establishing Procedures Relating to
Compliance with Reimbursement Bond Regulations Under the Internal Revenue Code.
Council discussed that developers should be responsible for any costs incurred and
references to the Reimbursement Bond Regulations not be included in the resolution.
The Finance Director stated that the method in which the City incurs costs is thru bonds,
and it does protect the taxpayers from absorbing development costs.
M/S/P Smith/Johnson —to approve Resolution No. 2007-010, authorizing reimbursement
of expenditures prior to bond issuance. (Motion passed 4-1: DeLapp-Ambiguous,
potential liability to Lake Elmo residents)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
APPROVED AS AMENDE� FEBRUARY 20, 2007
6. PROJECT DIRECTOR
A. Reschedule Public Hearing to Extend the Interim Moratorium Ordinance for the
Village Area from February 20, 2007 to April 3, 2007
The Project Director requested the Public Hearing extending the interim ordinance for a
moratorium in the Village be rescheduled from February 20, 2007 to April 3, 2007 to
meet the statutory requirements governing the hearing time and date.
M/S/P DeLapp/Johnson — to schedule a Public Hearing on the proposed extension of the
Village development moratorium for April 3, 2007 at or after 7:00 p.m.
(Motion passed 5-0)
B. Endorse Process for Reviewing Alternative Urban Area Review (AUAR)Proposals
The Project Director informed the Council that six firms were contacted to submit a RFQ
for an AUAR; three proposals were received. The AUAR is done as an environmental
review by determining the possible negative environmental aspects of the Village plan.
The Environmental Quality Board (EQB) has a set format that must be met in the AUAR.
The AUAR is a comprehensive evaluation and requires 8 to 14 months to complete, and
finalizing the Master Plan as much as possible is important before proceeding with the
study.
The Project Director is requesting that a technical review team made up of
representatives from the Staff, the Village planning team, the City Engineer, and outside
experts who have been involved with an AUAR process be formed. The study will cost
between $150,000 to $250,000 depending the scope of services the City requests.
Council discussed the impact on development, being aware of the need for independent
representatives, not having preconceived ideas, and keeping the process open.
M/S/P Johnson/DeLapp — to endorse a technical review task force to proceed with
reviewing the AUAR proposals on the Village with the purpose of recommending
consulting expertise and a scope of services to the City Council for its review, discussion
and approval of a future meeting. (Motion passed 5-0)
1. Discretionary EAW for the Proposed Trunk Sewer Project (addition)
The Project Director requested Council approval to proceed with a discretionary
Environmental Assessment Worksheet (EAW) on the proposed alignment for the trunk
sewer connecting the Village at V" Street to the MCES Interceptor at 1-94. An EAW is
not mandated for this project by the Environmental Quality Board under state statute.
The process takes approximately 90 days to complete, including publishing findings and
has an estimated cost between $4,000-$6,000 for the entire project.
M/S/P Johnson/DeLapp — to authorize the City Engineer to proceed with an
Environmental Assessment Worksheet (EAW) for the proposed Trunk Sanitary Sewer
Project from the MCES Interceptor (I-94) down Lake Elmo Avenue to Reid Park (301h
Street) after the alignment is approved by the City Council. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
APPROVED AS AMENDEt FEBRUARY 20, 2007
C. Village Update: Verbal
1. Financial Planning w/Ehlers
The Project Director informed the Council that the City will have a proposal from Ehlers
on how to pay for the infrastructure and Village costs. Policy decisions will be discussed
at the February 20, 2007, Council meeting.
2. Discussion w/Washington County & MnDOT on Lake Elmo Ave., Hwy 5, etc.
The Project Director updated the Council and public about the discussions regarding
Highway 5 and turning back Highway 5 from the State to the County, thereby creating an
attractive, walk -able and pedestrian friendly road. The City will need to provide some
funding to jointly move forward in 2008.
3. Master Plan Workshop on February 27, 2007
The Master Plan Workshop, originally scheduled for February 27, 2007, needs to be
rescheduled for March 6, 2007, at 6:00 p.m., with the City Council meeting beginning at
8:00 P.M.
4. Water Contamination
The Project Director informed Council that there is no new information on the Water
Contamination, and the well protection people have expressed an interest in writing an
article for the City's Newsletter.
7. MAINTENANCE/PARK/012E/IIUILDING
A. Maintenance Dept:
A. Additional Full Time Public Works Employee
Staff is recommending the hiring of Mark Duddeck as a Public Works Employee. The
City's 2007 Budget allocated funds for this additional position and was distributed to
Public Works, Parks and Water Departments.
M/S/P DeLapp/Johnson — to approve the hire of Mark Duddeck in the Public Works,
Parks and Water Dept. (Motion passed 5-0)
B. Parks Dept.:
City Staff has advertised openings on the Parks Commissions, resulting in four
applications on file for two openings. Interviews were held prior to the Council meeting.
Council questioned if the City had a deadline for accepting applications and scheduling
of interviews for currents openings. Staff informed Council that deadlines have never
been an issue and applicants are always welcome to apply.
M/No Second DeLapp, — to waive all rules regarding submission deadlines.
M/S/P Johnson/Smith — to support the process as presented and tabled further discussion
until the March 2007 Council Workshop. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
APPROVED AS AMENDE� FEBRUARY 20, 2007
Council conducted a paper vote for the current openings. The Finance Director tallied
the votes and the Council announced the results.
M/S/P Johnson/DeLapp — to appoint Vincent Adanene as the I" Alternate Member of the
Parks Commission, and to appoint Susan Dunn as the 2nd Alternate Member of the Parks
Commission. (Motion passed 5-0)
8. CITY ENGINEER'S REPORT
A. Alignment Consideration for the Trunk Sanitary Sewer from the MCES
Interceptor to Reid Park
The City Engineer is recommending approval of an alignment for the trunk sewer line
connecting the Metropolitan Council Environmental Services (MCES) interceptor to Reid
Park (30th Street) on the edge of the Village. This is the first section of sewer being
constructed in conjunction with implementing the Village plan and will begin the process
of meeting the residential equivalent units (REU's) required in the City's Memorandum
of Understanding with the Metropolitan Council.
Council discussed the four options presented and determined that Alternate B would
provide the long-range capability for the City. Property loss, right-of-way and easements
would be minimal. It will also be easier to introduce sewer to residents.
M/S/P Johnson/Johnston — to approve the trunk sewer alignment as identified as
Alternative B from the MCES interceptor connection to Reid Park and the accompanying
water main and street infrastructure along Lake Elmo Avenue from 20t' Street to 30"'
Street, and 30a' Street from Lake Elmo Avenue to Reid Park; and to direct the City
Engineer to begin the surveying and mapping of Alternative B and proceed with
acquiring easements for the project. (Motion passed 5-0)
B. Well Head Protection Plan
The City Engineer informed the Council that in accordance with MN Rule 4720.5100-
4720.5590, the City is required to have a Wellhead Protection Plan. The Minnesota
Department of Health (MDH) has completed the first step of the Plan which was
protecting the area around the wellhead, The City Engineer has reviewed the Wellhead
Protection Plan provided by the MDH staff and recommended that the total storage
volumes be changed to 830,000 gallons with the addition of the new elevated tank.
The City Engineer recommended that the Council approve the Draft Wellhead Protection
Plan from the MDH dated December 2006, and to have the City send a letter to the MDH
recommending that they review the plan for approval.
M/S/P Johnson/DeLapp — to approve the draft Wellhead Protection Plan, Part 1, from the
Minnesota Department of Health dated December 2006, and to have the City send a letter
to the MDH recommending that they review the plan for approval. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
APPROVED AS AMENDEtl FEBRUARY 20, 2007
9. PLANNING, LAND USE & ZONING
A. Whistling Valley West Concept Plan & Conditional Use Permit (CUP)
The Consultant Planner updated the Council on the Whistling Valley West Concept Plan
and CUP on the four main questions asked at the January 16, 2007, Council meeting:
Does the proposal adhere to the current Comprehensive Plan? What is the appropriate
way to administer this development if the City is interested? Was the 3`d Addition
planned as part of Phase I and 1I? What development layout would create OP that merits
the required protection of a qualified third party easement holder, such as the Minnesota
Land Trust? The Planning Commission has not yet reviewed the three new concept plans
being shown at this meeting, but generally believed development of the parcel as an OP
neighborhood is consistent with the Comprehensive Plan and preferable for this parcel.
Council discussed the three new conceptual designs presented and the number of lots and
determined Concept 3 is most compatible with the existing phases of Whistling Valley
and compatible with possible development to the north and west. They requested the
developer to replace a large temporary turn around and replace it with a temporary
hammerhead design, duplicating Whistling Valley Phase I design, and to donate an
easement to the Land Trust for designated Open Space for this parcel.
M/S/P DeLapp/Smith — to direct the Consulting Planner to prepare a resolution approving
the Whistling Valley West Concept Plan 3B dated February 1, 2007 and received
February 6, 2007 as presented, and Conditional Use Permit proposed by the developer
who previously completed an adjacent OP development, consistent with the goals,
objectives and policies of the Comprehensive Plan. (Motion passed 5-0)
B. Resolution No 2007-013• Amendment to CDBG Contract Between Washington
County and the City
The Assistant Planner reported that the City and Washington County have been working
on the Cimarron Neighborhood Gas Service Inspection and Rehabilitation Project since
October 2004. There is approximately $50,000 left to the grant, and a second amendment
is being proposed for the Community Development Block Grant Subgrantee Agreement
(CDBG) that extends the term of the existing agreement.
M/S/P Johnson/Smith — to adopt Resolution No. 2007-013, approving Amendment 92 to
Contract #3001 regarding CDBG funding and scheduling for the Cimarron Gas Service
CDBG Project. (Motion passed 5-0)
C. Resolution No 2007-014• Amendment to the September 15, 2005 Professional
Services Agreement with Molly M. Krakowski
The Assistant Planner has provided the Council with a proposed contract from Ms.
Krakowski for Professional Services in 2007. The City has previously contracted with
Consultant Molly K. Krakowski for income eligibility verifications during 2005 and 2006
regarding the CDBG project in the Cimarron neighborhood. Her work has been timely
and complete and the City anticipates that would continue with her income verification
services in 2007.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
APPROVED AS AMENDED FEBRUARY 20, 2007
M/S/P Johnson/DeLapp — to adopt Resolution No. 2007-014, approving Amendment 41
to the September 15, 2005, Professional Services Agreement regarding professional
services provided by Molly M. Krakowski for the CDBG Project. (Motion passed 5-0)
D. Resolution No 2007-011 • Support for Funding for the I-94 Corridor
Transportation Feasibility Analysis
The Project Director is requesting Council to support a resolution supporting $1 million
in State funding for a multi -modal evaluation of the I-94 Corridor and completion of the
I-94 Transportation Study. The resolution is being considered by cities along the I-94
Corridor, including St. Paul, Woodbury, West Lakeland, Washington County and
Ramsey Counties. The City is not being asked to contribute funds for this effort.
Council discussed and supported the transportation feasibility study.
M/S/P DeLapp/Johnson — to adopt Resolution No. 2007-011, supporting $1 million in
State funding for a multi -modal evaluation of the I-94 Corridor and completion of the
I-94 Transportation Study. (Motion passed 5-0)
10. CITY ATTORNEY'S REPORT
A. Ordinance No 97-188• Moratorium Related to Constructing New or Modifying
Existing Electronic Changeable Copy Signs Electronic Graphic Display Signs Video
Display Signs Flashing Signs Multi -Vision Signs, and Rotating Signs
The City Attorney requested the Council to consider updating the City's current sign
ordinance definitions, before a new sign application is received. This is in regards to
recent sign innovations that incorporate controlled LED highway signage. He also
suggested that Staff check into a possible violation of the sign ordinance at 9200 Hudson
Boulevard North (Link Recreational) and suggested a letter be sent as the first step.
M/S/P DeLapp/Johnson — to adopt Ordinance No. 97-188, a Moratorium Related to
Constructing New or Modifying Existing Electronic Changeable Copy Signs, Electronic
Graphic Display Signs, Video Display Signs, Flashing Signs, Multi -Vision Signs, and
Rotating Signs. (Motion passed 5-0)
M/S/P DeLapp/Johnston — to direct Staff to address the possible violation of the Sign
Ordinance as stated by the City Attorney. (Motion passed 5-0)
11. CITY ADMINISTRATOR'S REPORT
A. Lake Elmo/Oakdale Historical Society Funds Request (moved to 3C)
A. Administrator Search (addition)
In anticipation of Council Member Smith's reason for adding this item on the Agenda,
Mayor Johnston stated that he thought the Council should end the search for a City
Administrator and extend an offer to Susan Hoyt, Project Director,
Council Member Johnson was opposed to changing the process as she felt it was
important for the Council to do their due diligence in assuring that the individual hired to
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
10
APPROVED AS AMENDED FEBRUARY 20, 2007
provide leadership and implement the Council's direction was in fact the best qualified
candidate. Council Member Johnson stated that this Council interviewed Susan for a
contract position of Project Director and did not interview her based on the position of
City Administrator. Council Member Johnson felt that the Council overall did not have a
clear understanding of Susan's experience and belief's in the areas such as Financial
Management and Personnel Management nor the ability to compare qualified candidates
through an interview process.
Other members of the Council were in full agreement that if Susan Hoyt were willing to
become the City's Administrator, that it would be in the best interests of the City to offer
her the position. The Council stated that Ms. Hoyt was doing an excellent job as Project
Director and anticipated that her proven listening, analysis, and communication skills
would be invaluable to the City. They did not see the need to pay an outside firm to
provide any more candidates for the Administrator position.
M/S/P DeLapp/Smith — to formally terminate the search for a City Administrator and to
appoint a team of the Mayor, the Interim City Administrator and the City Attorney to
negotiate terms and conditions of employment of Susan Hoyt as City Administrator.
(Motion passed 4-1: Johnson -due diligence not done and believed it was inappropriate to
cancel the search before evaluating as many qualified candidates as possible)
B. Employee Compensation Update: Verbal
The Interim City Administrator requested that this discussion be delayed to the Council
Workshop until potential complexities and COLA are reviewed. The current wage scale
will be maintained.
M/S/P Johnson/DeLapp — to delay Employee Compensation discussion until the Interim
City Administrator has reviewed the details and complexities involved including COLA.
(Motion passed 5-0)
C. Protect Director Rotary Membership
The Interim City Administrator requested the Council to approve the membership of the
Project Director, Susan Hoyt in the Lake Elmo Rotary Club. This membership would
provide her with an opportunity to network with local community leaders. It will also
provide a communication and coordination function between the Rotary's community
service projects and the City's role in helping with these.
Council discussed delaying the membership request since the Interim City
Administrator/Finance Director Tom Bouthilet is currently a member, and to delay the
membership until the City Administrator position is filled.
M/S/P Johnson/Johnston — to postpone the Project Director's Membership in the Lake
Elmo Rotary Club until finalized negotiations of the City Administrator.
(Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
11
APPROVED AS AMENDED FEBRUARY 20, 2007
12. CITY COUNCIL REPORTS
A. Direction of a 2007 Legislative Agenda
The Mayor is requesting the Council to provide direction on a 2007 legislative agenda to
Representative Bunn and Senator Saltzman.
Council discussed issues concerning the City of Lake Elmo that could be brought to their
attention. 1) Giving cities the authority to use electronic enforcement to ticket vehicles to
enforce traffic regulations, 2) Giving cities the authority to regulate traffic near schools
on county and state roads, 3) Taking away the authority of the Metropolitan Council to
impose penalties on cities when a good faith effort has been made, and 4) Requiring a
peer review process on disputes between cities and the Metropolitan Council. Several
other concerns included the elimination of sales tax, defining school boundaries, and
Highways 36 and 5 in Lake Elmo.
The City Attorney stated allowing cities the authority to use electronic enforcement to
ticket vehicles to enforce traffic regulations is not currently allowed because the
legislature has not granted that authority to cities.
M/S/P Johnson/Johnston — to approve the four items for consideration to Representative
Bunn and Senator Saltzman: 1) Giving cities the authority to use electronic enforcement
to ticket vehicles to enforce traffic regulations, 2) Giving cities the authority to regulate
traffic near schools on county and state roads, 3) Take away the authority of the
Metropolitan Council to impose penalties on cities, and 4) Require a peer review process
on disputes between cities and the Metropolitan Council. (Motion passed 5-0)
B. Council Member DeLapp — No Report
C. Council Member Johnson — Congratulated Vincent Adanene and Susan Dunn on
their appointments to the Parks Commission.
D. Council Member Park — No Report
E. Council Member Smith —No Report
CLOSED SESSION: Pending Litigation
Meeting adjourned at 10:13 pm
Resolution No. 2007-006: Approving Claims
Resolution No. 2007-007A: Lakes Mechanical, Plumbing Connections Contract A,
Partial Payment No. 4
Resolution No. 2007-007B: Lakes Mechanical, Plumbing Connections Contract B,
Partial Payment No. 4
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
12
APPROVED AS AMENDED FEBRUARY 20, 2007
Resolution No. 2007-008A: Kimmes Bauer, Inc., Well Sealing Contract A, Partial
Payment No. I
Resolution No. 2007-00813: Kimmes Bauer, Inc, Well Sealing Contract B, Partial
Payment No. 1
Resolution No. 2007-009: G.M. Contacting, Northern Water main Extension, Partial
Payment No. 2
Resolution No. 2007-010: Establishing Procedures Relating to Compliance with
Reimbursement Bond Regulations Under the Internal Revenue Code
Resolution No. 2007-011: Support for Funding for the I-94 Corridor Transportation
Feasibility Analysis
Resolution No. 2007-012: CB & I Constructors, Elevated Water Storage Tank No. 2,
Partial Payment No. 2
Resolution No. 2007-013: Amendment to CDBG Contract Between Washington County
and the City
Resolution No. 2007-014: Amendment to the September 15, 2005 Professional Services
Agreement with Molly M. Krakowski
Ordinance No. 97-188: Moratorium Related to Constructing New or Modifying Existing
Electronic Changeable Copy Signs, Electronic Graphic Display Signs, Video Display
Signs, Flashing Signs, Multi -Vision Signs, and Rotating Signs
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 2007
13