HomeMy WebLinkAbout03-20-07 CCMMayor:
Dean Johnston Lake Elmo City Council
Council members:
Steve DeLopp Tuesday
Liz Johnson
Nicole Pork Anne Smith March 209 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 20, 2007; March 6, 2007
3. PUBLIC INOUIRIES/INFORMATIONAL•
Public Inquiries/Informational is an opportunity for citizens tobring 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, acid a brief summary
of the specific item being addressed to the Council. 'I'a allow adequate time for
1, Designation of Special Well
each person wishing to address the Council, we ask that individuals limit their
Reconstruction Area by the Minnesota
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
Department of Health
presentation.
B. Public Inquiries
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 motion under a Consent Calendar
A. Resolution No. 2007-023:Approve
format. There will be no separate discussion of these items unless a Council
Claims
member so requests, in which event, the item will be removed from the general
order of business and considered separately in its normal sequence on the
B. Monthly Operating Report
agenda.
5. FINANCE:.
Tom Bouthilet
6. PROJECT DIRECTOR:
Susan I-Ioyt
A. Verbal Update on the Village Planning
Process
7. MAINTENANCE/PARK/FIRE/BUILDING:
Mike Bouthilet
A. Maintenance Dept. — Purchase of Utilities
Van for Water, Sewer and Public Works.
B, Fire Department —
Chief Malmquist
(1) Rescue Boat
(2) Grass Rig Conversion
Lake Elmo City Council Agenda
March 20, 2007
Pape 2
C. Building Dept. — Update on Building
Activities
S. CITY ENGINEER'S REPORT:
Jack Griffin/Ryan Stempski
A. Presentation by Washington County on
Keats Avenue (CSAH 19) Construction Projects
B. Consider Approving the Washington
County Keats Avenue (CSAH 19) Construction
Projects; Resolution of Municipal Consent
(Resolution No. 2007-024)
C. Consider Approving a Traffic Control
Maintenance Agreement with the MN
Department of Transportation (MNDOT) &
Washington County for the Traffic Controls on
I-94, North Ramps at Keats Avenue (CSAH 19)
Park)
9. PLANNING, LAND USE & ZONING:
B.Gozola/K.Matzek
A. PUBLIC BEARING: Vacation of
Drainage Utility Easement — Tapestry at
Charlotte's Grove
B. Minor Subdivision w/variance in lot
width — 3200 Lake Elmo Avenue
10. CITY ATTORNEY'S REPORT:
11, CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member DeLapp
C. Council Member Johnson
D. Council Member Park
E. Council Member Smith
Master Plan Information Meeting, March
21, 6:30-9:00 p.m., Oakland Jr. H.S.
APPROVED AS(AdIENDED APRIL 4, 2007
CITY OF LAKE ELMO
CITY COUNCIL MEETING
MINUTES OF MARCH 20, 2007
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m.
COUNCIL MEMBERS PRESENT: DeLapp, Johnson, Park and Smith.
STAFF PRESENT: Interim City Administrator Tom Bouthilet, Project Director Susan Hoyt, Public
Works Superintendent Mike Bouthilet, Fire Chief Malmquist, Assistant Planner Matzek, City Attorney
Filla (Peterson, Fram, Bergman), City Engineers Griffin and Stempski (TKDA), City Clerk Lumby,
Recording Secretary Anez, and MAC Chairman Talcott.
Pledge of Allegiance
1. AGENDA
Additions:
3B: Presentation from Historical Society; 10A: Update about the Ziertman's request.
M/S/P Johnson/DeLapp — to approve the March 20, 2007, City Council Agenda as amended.
(Motion passed 5:0)
2. MINUTES
M/S/P Johnson/Johnston — to approve the February 20, 2007, City Council Minutes as amended.
(Motion passed 4:1 — DeLapp)
M/S/P Johnson/Park — to approve the March 6, 2007, City Council Minutes as amended.
(Motion passed 4:1 — DeLapp)
3, PUBLIC INQUIRIES/INFORMATIONAL
A. Public Informational
1. Designation of Special Well Reconstruction Area by the Minnesota Department of IIealth
Mike Convrey with the MDH Well Program introduced himself and explained the purpose and operation
of the program and how it was effective March 15, 2007. It applies to new wells on individual properties
or for reconstructed wells in the well contamination area.
The Council asked questions about the program, and discussed a possible future meeting.
B. Public Inquiries
Dwayne Ellertson, Oakdale Lake Elmo Historical Society, thanked the Council for the donation of funds.
He brought several copies of the reprinted edition of the book published by the Society of the History of
Oakdale Lake Elmo in 1996 and 2005, and donated them to the City for loaning to interested parties. He
also distributed a handout about the one -room schoolhouse. Oakdale Township will celebrate its
sesquicentennial next November, and he invited the City to join the celebration.
Lee and Molly Olson, 9524 Stillwater Boulevard, asked about getting hooked up to City water. They
distributed information to the Council and the Administrator. They are concerned about their
contaminated well water. In April it was tested, and in June they were told not to drink it. In late
December they found out they were not on the map for getting City water. They are drinking bottled
water provided by the Minnesota State Health Department and would like to know whether they will be
getting City water and how they were left out of the plan for City water when everyone around them has
LAKE ELMO CITY COUNCIL MINUTES MARCH 20, 2007
APPROVL AS AMENDED APRIL 3, 2007
water. Their next door neighbor is 100 feet away and gets City water.
Mayor Johnston asked staff to review the situation and get an answer.
Council Member DeLapp said the Staff should instead tell the Council what is going to be done to quickly
connect the Olson's to City water.
Superintendent Mike Bouthilet said the City Engineer will work on the feasibility of hooking them up to
City water.
Project Director Hoyt asked for the Olson's to meet with the Engineer and staff to collect the necessary
information.
4. CONSENT AGENDA
A. Resolution No 2007-023 • Approving Claims
M/S/P Smith/Johnson —to adopt Resolution No. 2007-023, approving Claim Numbers 383, 384, DD1118
through DD1142, 30583 through 30606, were used for Staff Payroll dated March 15, 2007; 30581, 30582,
30607 through 30670, in the total amount of $115,184.52. (Motion passed 5-0)
B. Monthly Operating Report
M/S/P Smith/Johnson — to approve the February 2007 Monthly Operating Report. (Motion passed 5-0)
Council Member DeLapp asked about contributions to the Art Center. Interim Administrator Bouthilet
said the Art Center pays the difference for what the residence consumes in utilities and what it would cost
if the building was unoccupied.
FINANCE: No Report
6. PROJECT DIRECTOR
A. Verbal Update on the Village Planning Process
Special Project Director Hoyt said a public information meeting will be held for presentation of the draft
Village Area Master Plan at Oak -Land Junior High School at 6:30 for viewing graphical displays. The
formal presentation begins at 7 p.m. a formal presentation, and a comment period to follow. Thursday,
March 29, 2007, 6:00-8:00 p.m., the City will have an informal Open House at City Hall. This will be an
opportunity to ask questions and provide input. At the April 10, 2007, Council Workshop the Council
will review the final draft of the Village Area Master Plan for final tweaking with the intention of
adoption on April 17, 2007, at the City Council meeting. The draft Village Area Master Plan is not a
legal document but a vision and guide for the future. The AUAR, an in-depth environmental review of
development scenarios and their impact, will take about eight to ten months to complete.
7. MAINTENANCE/PARK/FIRE/BUILDING
A. Maintenance Dept — Purchase of Utilities Van for Water Sewer and Public Works
Superintendent Mike Bouthilet said the MAC met to review this purchase request twice, and it was
reviewed at a Council Workshop. He found several options for the purchase of a used vehicle but the
relatively low cost differential and the limited warranties led Public Works Superintendent Mike Bouthilet
and MAC to recommend the purchase of a new vehicle.
Lake Elmo City Council Minutes March 20, 2007
Page 2
APPROVw AS AMENDED APRIL 3, 2007
M/S/P Johnson/Smith, to approve the request of the Public Works Superintendent based upon the
carefully considered recommendation of the Maintenance Advisory Commission and Staff for the
purchase of a new utility truck for water, sewer, and Public Works at a cost of up to $32,000 all inclusive.
(Motion passed 5-0)
MAC Chairman Talcott said the MAC looked at used vehicles, and thought a used truck would be hacked
up, with a lower roof, and without a warranty. They thought the City might have problems, especially if
that vehicle was used commercially in the past.
B. Fire Department
Chief Malmquist announced that this weekend there will be a house burn for Department training at 30`"
Street and Manning Avenue, and cautioned the public about traffic concerns in the area. 30`h Street will
be closed at Manning Avenue. The exercise will occur from 8 a.m. to early afternoon on Saturday, or
Sunday if weather interferes.
(1) Rescue Boat
Chief Malmquist said the Fire Department is requesting approval of the purchase of an inflatable rescue
boat. With the relocation of Public Works vehicles to the new facility, he stated that there is now space
for storage of this safety addition. Donations of $5,000 were received from Retail Construction ($3,000),
Walmart ($1000), and the Lake Elmo Jaycees ($1000). In the past, the Fire Department commandeered a
private boat or waited for another jurisdiction or the police to assist. This purchase was discussed and
supported by the Council at the last Council Workshop.
M/S/P Johnson/Smith, to approve the purchase of a Rescue Boat for the Fire Department at a total cost of
$12,734, with the City share being $7,734. (Motion passed 5-0)
(2) Grass Rig Conversion
Chief Malmquist said a crew cab Ford pickup is currently being used as a utility vehicle. He would like
to take grass rig components from another vehicle and put them into the crew cab Ford at an estimated
cost of $1,800, thereby creating a more updated grass rig.
M/S/P DeLapp/Johnson, to approve the conversion of the Ford pickup into a grass rig by re -utilizing
existing grass rig components at an estimated cost of $1,800. (Motion passed 5-0)
C. Building Dent. —Update on Building Activities: No report.
8. CITY ENGINEER'S REPORT
A. Presentation by Washington County on Keats Avenue (CSAH 19) Construction Projects
B. Consider Approving the Washington County Keats Avenue (CSAH 19) Construction Projects•
Resolution of Municipal Consent (Resolution No. 2007-024)
Mr. Schoenecker, an engineer for Washington County gave an update of the CSAH 19 construction
project. The Washington County Transportation Department is proposing an intersection improvement at
the north ramps of I-94 with construction of traffic signaling and turn lane additions along with the
parallel reconstruction of the existing bike trail from Hudson Boulevard to the Park Reserve along with
construction of a new trail section from Hudson Boulevard in Lake Elmo to Old Hudson Road in
Woodbury. They are also asking for a signal maintenance agreement between the City, Mn/DOT, and
Washington County. Mr. Schoenecker said the City will have to pay for electricity only.
Lake Elmo City Council Minutes March 20, 2007
Page 3
APPROV�" AS AMENDED APRIL 3, 2007
Council Member DeLapp said the County has not finished the landscaping project they began on the
Keats Avenue Parkway. In 25 years, the Parkway landscaping has consisted of nothing more than a few
dead or dying twigs in a reconstructed median, and nothing on the sides of the road other than filling in
the east side of Goose Lake. He said that trees are needed in the median on both sides of the roadways
and trail. He added that to increase the width of the trail from 8 feet to 10 feet may be consistent with a
national political effort to increase engineering and construction costs and increase impervious surface
coverage, but would not have any effect on safety considering that outside of him, very few people ever
use the existing trail. Serious bicyclists use the road shoulders and very few casual bicyclists would want
to go down a very ugly stretch of roadway, leading to a very dangerous conflict with freeway traffic. In
addition, he said the Washington County Public Works Director had last stated that there is no
justification for Keats to remain a 4 lane divided highway, based on traffic count. He also stated the only
benefiting party is Woodbury and that the installation would impede Lake Elmo traffic, similar to the
adversely timed signals on Ideal and Inwood. He said the City should not pay for correcting Woodbury's
problems and that Woodbury should not promote development at the expense of Lake Elmo.
Council Member Park said it is a safety issue, and it does not matter whose residents are responsible for
the traffic. The cost is going to be about $250 per year for safety.
Mayor Johnston said the City's role in maintenance will be the luminaries only. They will need to be
cleaned annually, and they will need to be replaced as necessary every five to ten years.
Council Member Smith asked if there was a study to support this request. She said this is a light to allow
Woodbury residents to make a left turn. Until we have residents in that region, she thinks this request is
premature and the expense should be Woodbury's.
Mr. Schoenecker clarified that Manning Avenue and I Ot" Street was an area where alternatives were being
considered. Keats Avenue was always going to be signalized. There are immediate benefits to
Woodbury. Over the last three years, there have been about 40 crashes there and 75% happened to people
coming from or going to Lake Elmo. He stated that it may not be perfectly fair but Lake Elmo people
drive in other towns and enjoy the benefits of those signals. The location for lights is the north side of the
bridge and the entire intersection is within the City of Lake Elmo.
The City Engineer stated that trees cannot be permitted near the edges of high speed roads because drivers
who steer their vehicles to the sides will be off the 34 feet of asphalt in each direction, and might hit one
of the trees.
Council Member DeLapp and Council Member Smith stated that anyone who allows their vehicle to
become out of control should not be given the right to hit and kill people using the trail, at no danger to
them. In addition, they said that trees on the side of a road serve as real demarcation lines.
M/S Johnston/Park — to approve the Municipal Consent and Signal Maintenance Agreement as amended
and include the bike trail path because the cost is small, and it could prevent some car accidents.
Special Project Director Hoyt clarified that 8A is introduction, action items are 8B and 8C, and suggested
the Council separate the two topics. (No vote)
Lake Elmo City Council Minutes March 20, 2007
Page 4
APPROVL AS AMENDED APRIL 3, 2007
M/S/P Smith/DeLapp — Motion to Amend to lay 8A and 8C on the table, and deal exclusively with
Agenda Item 8B. (Motion passed 5-0)
Mr. Schoenecker said the existing trail is in very poor condition. Widening them to 10 feet from 8 feet to
the connection to Woodbury is because of the expectation for more use. There are no plans for trees in
the median. The Washington County Parks Dept. has provided some minimal planting there. A Boy
Scout project included planting some small trees in the median. Most have died and landscaping is
proposed by the Washington County Transportation Department. There has never been any consideration
of planting trees along the sides of the roadways.
Council Member Johnson suggested calling the Washington County Parks Department to ask them to
plant some trees in there.
Mr. Schoenecker said placing trees alongside the road is not always the safest thing to do. They are
willing to look at it but the safer location for drivers would be on the backside of the trail. Mr.
Schoenecker said they will consider it but they will follow safety standards.
Council Member Smith said she wants protection on the west side of the trail so walkers and bikers are
protected from vehicular traffic. She said it needs to be landscaped.
M/S DeLapp/Smith — to amend and add a landscaping section to Resolution 2007-024 for City Staff to
work with Washington County to come up with a landscape plan along the trail and median. (No vote)
Mr. Schoenecker asked if the City would be willing to help pay to assist with this landscaping project.
Council Member Johnson said she is a supporter of beautification but it needs to be separated to get this
work done.
M/S/F DeLapp/Smith — to amend to require a discussion on landscaping section to the resolution.
Motion failed 2:3 - Johnston, Johnson, Park)
M/S/P Johnson/Park — to approve the Municipal Consent Resolution 2007-024 as amended because it
could prevent some car accidents and the cost is small, and includes the bike trail.
(Motion passed 3:2 DeLapp, Smith)
M/S/P Johnson/Johnston — to direct the City Engineer to work with Washington County Staff to review
the possibility of landscaping along with this project. (Motion passed 5:0)
C. Consider Approving a Traffic Control Maintenance Agreement with the Minnesota Department
of Transportation (Mn/DOT) and Washington County for the Traffic Controls on I-94, North Ramps at
Keats Avenue (CSAH 19) Park)
Mr. Schoenecker said there is a change to page 4 under D about violation; instead of the City, it should
say the violating party.
After Council Member DeLapp asked for a report from Washington County to review the success. Mr.
Schoenecker said they can come back six months after installation to discuss it with the Council.
Lake Elmo City Council Minutes March 20, 2007
Page 5
APPROVE,. AS AMENDED APRIL 3, 2007
M/S/P Johnson/Johnston — to adopt Resolution 2007-025 approving the signalization maintenance
agreement for Keats Avenue with Mn/DOT and Washington County as amended.
(Motion passed 3:2 — Smith, DeLapp)
9. PLANNING, LAND USE & ZONING
A. PUBLIC HEARING: Vacation of Drainage and Utility Easement — TAPESTRY AT
CHARLOTTE'S GROVE
Assistant Planner Matzek asked Council to table this item to the April 3, 2007 Council Meeting in order
for the City Engineer to have additional time to review it.
THE MAYOR OPENED THE PUBLIC HEARING AT 9:03 P.M.
Greg Moris, 9759 451h Street North, said this request for vacation of the drainage and utility easement on
this lot is a housekeeping measure. There was a rerouting of storm sewer not on the original plans, and
there was no easement in the new location.
M/S/P DeLapp/Smith — to table the Vacation of Drainage & Utility Easement until the Council Meeting
of April 3, 2007. (Motion passed 5-0)
B. Minor Subdivision with Variance to Lot Width — 3200 Lake Elmo Avenue
The City Attorney said it is apparent by the City Planner's Staff Report that three variances are required,
and all of those variances have not been heard by the Planning Commission. He said the Council could
take action on the 52 foot variance request tonight and continue the other matters until those variances are
before them, and table the Minor Subdivision. The Council will need to ask the applicant if they are
willing to table until a Council Meeting in May.
Attorney Dorland, for the applicants, said this has been an involved process by Staff. He thanked the City
Attorney for alerting him to the new problems. He said he is concerned that there are changes before
every single meeting, and typically changes presented at every meeting as well. He asked Staff if
something else new comes up to please, notify him in advance. He said he disagrees with the City
Attorney that the application was for a variance from the Minor Subdivision regulation.
M/S/P Johnson/DeLapp — to table review of the application for variance and minor subdivision until a
public hearing can be conducted by the Planning Commission for newly discovered variances, and for this
application to be reconsidered at the first Council Meeting in May following the public hearing.
(Motion passed 5-0)
The City Attorney thanked the applicant Constance K. Smith, 3200 Lake Elmo Avenue, for their
forbearance.
Mayor Johnston called for a Recess at 9:15 and reconvened the meeting at 9:19 p.m.
10. CITY ATTORNEY'S REPORT
Attorney Pilla said he was directed by Council to advise the Ziertmans that the Council needs a detailed
list of concerns prior to scheduling a meeting with them. There is a new data request from the Ziertman's
that the City is now working on.
Lake Elmo City Council Minutes March 20, 2007
Page 6
APPROVL AS AMENDED APRIL 3, 2007
11. CITY ADMINISTRATOR'S REPORT
Interim Administrator Bouthilet said the City is in the process of sending out public notice for Proposals
from contractors for CDBG gas line replacements. He said we have about 25 housing units in Cimarron
that have incoming gas lines which need to be replaced.
12. CITY COUNCIL REPORTS
A. Mayor Johnston
Mayor Johnston said the Greater Stillwater Chamber of Commerce is working on creating a Convention
Visitor's Bureau, and they have asked for municipalities to impose a 3% tax on lodging to fund it.
Oakdale and Woodbury are also working independently on CVB's for their communities. The tax would
involve one business in Lake Elmo and that business was not involved in the discussions. The Mayor
suggested waiting until Wildwood Lodge personnel have the opportunity to be involved, then discussing
the proposal at a Council Workshop.
Mayor Johnston said he attended the Property Tax Seminar for Commercial Properties and there were
about 53 attendees. Presenting the seminar was a good gesture on behalf of the Council and the County.
B. Council Member DeLapp
Council Member DeLapp said the State Legislature is now considering public comments on ways to
improve the property tax system. Here we had an opportunity to say there were inequities regarding the
taxation on local businesses, and missed it.
C. Council Member Johnson
Council Member Johnson said that on March 12, she attended the PCA meeting at Oak -Land Junior High.
She also attended the Property Tax Seminar held last week at the Lake Elmo Event Center. She knows
business owners have been in contact with our legislative representatives. She also spoke with a number
of businesses in Lake Elmo, whose property valuations and taxes have doubled over this last year. She
strongly encourages commercial property owners to use the appeal process if they feel the assessed value
on their property is incorrect. Council Member Johnson thanked the Fire Department for getting
donations for the rescue boat.
D. Council Member Park - No report.
E. Council Member Smith
Council Member Smith thanked Dwayne Ellertson from the Oakdale Lake Elmo Historical Society for
coming to the Council Meeting.
REMINDER:
Village Area Master Plan Information Meeting, March 21, 6:30-9:00 p.m., Oakland Jr. High School.
Informal information meeting on Thursday, March 29 at City Hall.
Meeting adjourned at 9:29 p.m.
Respectfully Submitted, Kim Anez, Recording Secretary
Resolution No. 2007-024: Approved Claims
Resolution No. 2007-025: Approved County Project Within Municipal Corporate Limits
Resolution No, 2007-026: Approved Agreement With MnDOT for Traffic Control Signal on Trunk
Highway 94 and State Aid Highway 19
Lake Elmo City Council Minutes March 20, 2007 page 7