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HomeMy WebLinkAbout04-17-07 CCMCITY OF LAKE ELMO CITY COUNCIL APRIL 17, 2007 7:00 P.M. AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ATTENDANCE: Mayor Johnston _, Council Members DeLapp _Johnson _, Park_, Smith- D. APPROVAL OF MINUTES: 1. Consider approval of minutes from meeting of April 3, 2007 E. PUBLIC COMMENTSANQUIRIES: Meeting attendees wishing to address the city council on an item NOT on the regular agenda may speak for up to three minutes. F. CONSENT AGENDA: Items are on the consent agenda because they are routine business and are not for discussion. 2. Approve Resolution No. 2007-030 for claim number 388, 38, DD1156 through DD1179, 3071z through 30733 and 30734 through 30794 in the total amount of $216,14,72. 3. Accept monthly operating report 4. Approve Reciprocal Fire Service Agreement with Capitol City Regional Firefighters 5. Approve Resolution No. 2007-031; payment No. 13 for the Public Works Building to Gen -Con in the amount of $107,171.27 6. Approve Resolution No. 2007-032 approving a variance to allow an off -site septic system for Lot 11, Block 1, Ruth's First Addition to Lake Elmo. 7. 2007 Board of Appeal and Equalization, May 2, 2007, 4-6 p.m. 8. Hire seasonal public works employees 9. Rotary membership for city administrator G. PUBLIC I IEARING(S) AND RELATED ACTION: None H. REGULAR AGENDA: Attendees may comment for up to three minutes on an item on the regular agenda. 10. Fire Department Firewise Community Grant 11. Consider approval of minor subdivision and variances for 3200 Lake Elmo Avenue; Resolution No. 2007-033 12, Consider accepting the Village Master plan 13. Consider the Village Alternative Urban Area wide Review (AUAR) proposal and a range of new housing units for the propose of information gathering and analyses 14. Consider mission and appointment of the Village AUAR advisory panel. 15, Report on "No Parking" signs in the Tri-Lakes area 16. Report on monthly construction activity and water connections/inspections 17. Award contract for gas line replacement for Community Development Block Grant (CDBG); Resolution No. 2007-034 18, Mayor proclaim Arbor Day for April 27, 2007 and May, 2007 as Arbor Month 19, Consider support for the Tubman Family Alliance I. REPORTS: Mayor and Council Members Administrator J. ADJOURN APPROVED AS AMLJDED MAY 1, 2007 City Of Lake Elmo City Council Meeting Minutes April 17, 2007 Mayor Johnston called the meeting to order at 7:00 PM. Everyone joined in the Pledge of Allegiance. Present: Mayor Johnston, Council Members DeLapp, Johnson, Park, Smith. Also Present: City Administrator Hoyt, Finance Director Bouthilet, Senior Planner Gozola, Fire Chief Malmquist, City Attorney Filla, Assistant City Engineer Stempski, City Cleric Lumby, Recording Secretary Luczak. Approval of the agenda Motion: Council member Johnson moved approval of agenda as amended with the addition of a report from the Finance Director. Council member Smith seconded the motion. The motion passed unanimously. Approval of April 3, 2007 minutes Council member DeLapp requested more discussion on the topics identified in the minutes. Motion: Council member Johnson moved approval ofApril 3, 2007 minutes. Council member Smith seconded the motion. The motion passed with Mayor Johnston, Council members Johnson, Park and Smith voting in favor; Council member DeLapp voted against. PUBLIC COMMENTS/INQUIRIES Ann Bucheck, 3301 Legion Avenue, thanked the city council for televising the March 10, 2007 city council workshop on the Village master plan. She expressed disappointment that the city council did not discuss the comments from citizens and the parks and planning commission in detail. She also expressed concern over the 1,600 maximum number of housing units to be studied as part of the Village Alternative Urban Areawide Review (AUAR). Don Ausen, 8643 Stillwater Blvd. reported that his basement has blooded twice since he was hooked up to city water as part of the Tablyn Park project, which not only is inconvenient but also believes it is keeping him from selling his house. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2007 APPROVED AS AML4DED MAY 1, 2007 Jim Petersen, 2751 Jamley Ave., stated that 28th Street needs major repair since the water main installation last year. He also stated that he hoped new purchases for the fire department are not being planned since the acquisition of the new fire truck. He also expressed an interest in the status of a property at 9224 315t Street. Dave Moore, 8680 Stillwater Blvd., stated that the roads in Tablyn Park/Lake Elmo Heights project area were not constructed to specification. The council directed Administrator Hoyt to follow up on these Tablyn Park project concerns. 1410I214"i`I I I I.C601217:7 Motion: Council member Johnson moved approval of the consent agenda including the items listed below. Mayor Johnston seconded the motion. The motion passed unanimously. • Approve resolution No. 2007-030: Claims in the amount of $216,614.72. • Accept monthly operating report. • Approve the reciprocal fire service agreement with Capitol City Regional Firefighters. • Approve resolution No. 2007-031, payment No. 13 for the Public Works Building to Gen -Con, in the amount of $107,171.27. • Approve resolution No. 2007-032, approving a variance to allow an off -site septic system for Lot 11, Block 1, Ruth's First Addition to Lake Elmo. • Announce the 2007 Board of Appeal and Equalization meeting May 2, 2007, from 4-6 p.m. • Rehire of Three Seasonal Public Works Employees — William Leary, Michael Wagner, and John Eder, at $11.07/hour. • Approve a rotary membership for the City Administrator. PUBLIC HEARING (S) AND RELATED ACTION No hearings were held. REGULAR AGENDA Consider approval of the Firewise Community Grant Fire Chief Malmquist requested Council to approve $5,300 in `gap' funding until grant funds can be received for a Firewise Community Education Program, which teaches students how to assess for risks related to fire through classroom learning as well as outdoor learning. Ken Pekarek of the Department of Natural Resources (DNR) Advisor - Trainer, and Amy Randrup and Jerry Washburn, OakLand Junior High (OLJI-IS) teachers described the program for the city council. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2007 APPROVED AS AM�ADED MAY 1, 2007 Motion: Council member Johnson moved to approve the interim financing of $5, 300 from the city's fire department general fund budget in anticipation of reimbursement in this amount for expenses. Council member Park seconded the motion. The motion passed unanimously. Consider Resolution No. 2007-033 approving a minor subdivision and variances for 3200 Lake Elmo Avenue Senior Planner Gozola presented to the Council a brief overview of the minor subdivision and variances at 3200 Lake Elmo Avenue. Planner Gozola explained that the applicant had agreed to all of the conditions for requested approval. The request had come before the city council previously. The details of the request were described and discussed. The planning commission and staff recommended approval. Matt Northrup and Constance Smith Northrup, 11075 32" d Street North, expressed their concerns about the west side of the application due to ecological aesthetic diminished rural character on the lake and the house's location. Attorney Anthony Dorland spoke on behalf of the applicants, Constance Smith and Carolyn Smith Hortter, 3200 Lake Elmo Avenue, in support of the application. The mayor and council members discussed the request in detail. Council member DeLapp stated his belief that the variance did not meet the standards of a hardship required to approve a variance for the property because the lot split could be made without any variance. Motion: Mayor Johnston moved to adopt Resolution No. 2007-033, approving the minor subdivision with variances of 3200 Lake Elmo Avenue. Council member Johnson seconded the motion with the clarifying amendment that the subdivision be the one identified in the survey by Landmark Inc. dated March 21, 2007. Amendment to the motion: Council member DeLapp moved to amend Resolution No. 2007-033 to require a setback of 195 feet from the ordinary high water line to the structure. Council member Park seconded the motion. The amendment to the motion passed unanimously. Motion: The amended motion passed 4 to I with Mayor Johnston, Council members Johnson, Park and Smith voting in favor; Council member DeLapp voting against. Consider accepting the Village Master Plan Administrator Hoyt introduced the Village Master Plan for council consideration. The master planning process began in summer, 2005. The master plan acceptance is associated with two primary elements. First, the thirteen guiding principles in the plan including principle thirteen, to minimize the negative impact on existing residents and LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2007 APPROVED AS AM�ADED MAY 1, 2007 businesses, which was added at the March 10, 2007 workshop. Second, the acceptance of the composite land use map. The city council discussed the range of housing units in the plan and the desirable range to study from 600 in the comprehensive plan to the Village Plan of 1,600. They also discussed the importance of doing a business plan with financial, engineering and environmental components to provide further information for future decision making. Motion: Council member Park moved to accept the Village Master Plan with the addition ofprinciple thirteen to "minimize the negative impact on existing residents and businesses. " Council member Smith seconded the motion. The motion passed unanimously. Consider the Village Alternative Urban Areawide Review (AUAR) proposal and a range of new housing units for the purpose of information gathering and analyses Administrator Hoyt introduced the AUAR proposal. She explained that this is a comprehensive environmental review of the Village plans. She said an ordinance allowing the city to charge developers for this study is being prepared at this time. Ciara Schlichting, the AUAR project lead from DSU/Bonestroo, gave a brief overview of the AUAR process and the elements it addresses. Yvette Oldendorf, 5418 Lake Elmo Avenue, a chair of the former Old Village Commission, stated that the principles have not changed, but that the number of housing units to add to the Old Village was never intended to be as high as 1,600, but only 450. She also asked about how the input from the Village open houses was being integrated into the decisions by the city council. Charlie Schneider, 4276 Kindred Way, stated the 1,600 housing units that the city council was considering was shocking and suggested that 300 to 800 housing units be the range. The city council discussed the range in new housing units, 600 to 1,600, being considered for study. The city council reaffirmed that the council is not endorsing a number of 1,600 units but that the studies will include the range covered in the comprehensive plan and the range recommended by the Village planning team. Council member DeLapp expressed concern about the possible negative impact from the maximum number units at 1,600 and suggested a plan of around 900 to 1,000 of a mix of housing types be studied. Motion: Council member Johnson moved to limit debate. Mayor Johnston seconded the motion. The motion passed unanimously. Motion: Council member Johnson moved to approve the DSU/Bonestroo proposal for the Village A UAR in the amount of $219, 250 plus up to $10, 000 in expenses. Council LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2007 4 APPROVED AS AM�WDED MAY 1, 2007 member Park seconded the motion. The motion passed 4 to 1 with Mayor Johnston, Council members Johnson, Park and Smith voting in favor; Council member DeLapp voting against. Motion: Mayor Johnston moved to approve for the purpose of information gathering and analyses, a range of new housing for the Village from 600 to 1, 600 units. Council member Park seconded the motion. The motion passed 4 to 1 with Mayor Johnston, Council members Johnson, Park and Smith voting in favor. Council member DeLapp voting against. Consider mission and appointment of the Village AUAR adviso_ry_panel Administrator Hoyt explained that the AUAR includes an AUAR advisory panel to advise the city council on the environmental analyses of the Village. She suggested that the city council consider the composition to be the chairs and vice chairs of the parks and planning commissions, the chair and two members of the environmental commission and the major property owners, She also suggested that interested and affected persons in the business community and in on other areas be included on a topic by topic basis. Council member DeLapp suggested that non-resident members be non -voting members. Motion: Council Member Johnson moved to approve an Advisory Panel to act as the primary working group during the course of the AUAR to review the information, work products, recommendations and to provide input to the City Council. The Village AUAR Advisory Panel will be comprised of Margaret Carlson -Chair, Environment Committee, Barry Harrison -Environment Committee, Fred Banister -Environment Committee, Todd Ptacek-Chair, Planning Commission, Jennifer Pelletier -Vice Chair, Planning Commission, David Steele -Chair, Park Commission, Todd Bruchu- Vice Chair, Park Commission, Neil Krueger -Property Owner, Paul Bruggeman-Property Owner, Pete Schiltgen-Property Owner, John Dobbs -Property Owner, Judith Screaton-Property Owner. Council member Smith seconded the motion. The motion passed 4 to I with Mayor Johnston, Council members Johnson, Park and Smith voting in favor; Council member DeLapp voting against. Information on putting up no parking and tow away zone signs in the Tri-Lakes area Administrator Hoyt explained that the staff will be putting "No Boat Trailer Parking/Tow Away 'Lone" signs in the Tri-Lakes area over the next two weeks. Residents would receive letters alerting them to this the day following the council meeting. The signs allow the city to enforce parking restrictions and to protect the Tri-Lakes from overuse as established by the Department of Natural Resources (DNR). Report on monthly construction activity and water connections Building Official McNamara presented the February and March 2007 monthly construction activity reports. Three water meters still need to be hooked up in the Tablyn Park/Lake Elmo Heights Project, and 24 inspections remain unfinished. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2007 APPROVED AS AML4DED MAY 1, 2007 Consider Resolution No. 2007-034 approving a bid for the Community Develo ment Block Grant (CDBG) gas line replacement project Finance Director Bouthilet reported that two bids were received for the Community Development Block Grant (CDBG) project in the Cimarron Neighborhood and recommended the award go to the low bidder Sun Ray Plumbing and Heating, Inc. for $34,920.00. Motion: Council member DeLapp moved to approve Resolution No. 2007-034, awarding the 2007 CDBG Gas Line Replacement Project in the Cimarron Neighborhood to Sun Ray Plumbing & Heating, Inc., in the amount of $34, 920, 00. Council member Johnson seconded the Motion. The motion passed unanimously. Arbor Day Proclamation Administrator Hoyt reported that Sunday, May 27, 2007, is Arbor Day. The City is celebrating the Arbor Day event with a tree planting on May 19, 2007 along Highway 5 and Carriage Station in conjunction with MnDOT Landscape Partnership. Citizen volunteers will be part of this planting project. Council Member DeLapp proposed minor changes in the proclamation. Motion: Mayor Johnston proclaimed the month of May 2007 to be Arbor Month and April 27, 2007 as Arbor Day, and to approve the proclamation with minor modifications. Council member Johnson seconded the motion. The motion passed unanimously. Consider Resolution No. 2007-035 supporting the Tubman Family Alliance Mayor Johnston reported to the Council that Tubman Family Alliance has relocated to Maplewood. The Alliance is planning to consolidate its services in a location on the Hill Murray Campus. The Mayor said he would like to acknowledge Lake Elmo's support for the Alliance and describe the City's experience with the site that is in Lake Elmo. Motion: Council member Johnson moved to approve Resolution No. 2007-035, endorsing and supporting the Tubman Family Alliance's consolidation of services in the City of Maplewood. Council member Smith seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS Mayor Johnston reported District 832 (Mabtomedi) invited city council participants to join in a survey. Council member Smith volunteered to participate if her schedule permits. Council member DeLapp alerted the city council to upcoming discussions surrounding Highway 36. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2007 APPROVED AS AML4DED MAY 1, 2007 Council member Park expressed her hope that residents would have faith in the city council's approach and thought that goes into making decisions. Council member Smith explained that she learned a great deal from the land use planning training class offered through the Government Training Service called the "Basics of Land Use Planning Workshop." Finance director Bouthilet announced that the city forester, Kathy Widin, was hosting a tree seminar on Thursday, April 19, 2007, at 7:00 PM. Bouthilet also noted the joint city council and park commission workshop on Tuesday, April 24, 2007 at 6:00 PM, Administrator Hoyt reported that Sandy Cullen, of the Lake Elmo PTA, received word that the grant application for "Safe Walk to School" was approved. Mayor Johnston adjourned the meeting at 10:46 PM. Resolution No. 2007-030: Approved Claims Resolution No. 2007-031: Payment No. 13 to Gen -Con in the amount of $216,614.72 Resolution No. 2007-032: Approve Variance to allow off -site septic system for Lot 11, Block 1, Ruth's First Addition to Lake Elmo Resolution No. 2007-033: Approved Minor Subdivision and Variance to 3200 Lake Elmo Avenue Resolution No. 2007-034: Awarded CDBG Grant to SunRay Plumbing & Heating, Inc. in the amount of $34,920.00 Resolution No. 2007-035: Supporting the Tubman Family Alliance Consolidation of Services LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 2007