HomeMy WebLinkAbout04-03-07 CCMMayor:
Dean Johnston Lake Elmo City Council
Council members:
Steve DeLapp Tuesday
Liz Johnson
Nicole Park APRIL 3, 2007
Anne Smith
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:
March 20, 2007
3. PUBLIC INQUIRIES/INFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens relating 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, a,rd a brief summary
of the specific item being addressed to the Council. To allow adequate time for
B. Public Inquiries
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 motion under a Consent Calendar
A. Resolution No. 2007-026:Approve Claims
format. There will be no separate discussion of these items unless a Council
member so requests, in which event, the item will be removed from the general
B. Resolution No. 2007-027A, 027B :Partial
order of business and considered separately in its normal sequence on the
Payment No. 3, Tablyn Park/Lake Elmo Heights
agenda.
Wells Sealing Projects A and B.
C. Community Improvement Commission
Appointments
5. FINANCE:
Tom Bouthilet
A. 2006 Annual Financial Report
6. PROJECT DIRECTOR:
Susan Hoyt
A. PUBLIC HEARING: Village
Development Moratorium, Ordinance No. 97-
190
B. Report on Comments on the Village
Master Plan
Lake Elmo City Council Agenda
April 3, 2007
Page 2
7. MAINTENANCE/PARK/FHZEBUILDING:
Chief Malmquist
A. Fire Department —
(1) Purchase of Command Vehicle
8. CITY ENGINEER'S REPORT:
Ryan Stempski
A. Resolution No., 2007-028: Approving the
Trunk Sanitary Sewer Project Environmental
Assessment Worksheet for distribution.
9. PLANNING, LAND USE & ZONING:
B.Gozola/K.Matzek
A. PUBLIC HEARING: (Continuation)
Vacation of Drainage Utility Easement —
Tapestry at Charlotte's Grove
B. Variance to allow a private off -site
septic system on less than 1 acre, Lot It, Block
1, Ruth's lay Addition (off Klondike Ave. N.)
C. Ordinance 97-167 regarding
Commercial Outdoor Social Events
D. MnDOT Landscaping Program
10. CITY ATTORNEY'S REPORT:
J. Filla
A. Update on 8475 Hidden Bay Trail -
verbal
11. CITY ADMINISTRATOR'S REPORT:
T. Bouthilet
A. Administrator's Agreement
12. CITY COUNCIL REPORTS:
A. Mayor Johnston
B. Council Member DeLapp
C. Council Member Johnson
D. Council Member Park
E. Council Member Smith
APPROVED AS AMEI ,ED APRIL 17, 2007
City Of Lake Elmo
City Council Meeting
April 3, 2007
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
Everyone joined in the Pledge of Allegiance.
C. ATTENDANCE
PRESENT: Mayor Johnston, Council Members DeLapp, Johnson, Park, Smith.
ALSO PRESENT: Interim City Administrator/Finance Director Bouthilet,
Project Director Hoyt, Consulting Planner Gozola (Schoell Madson), Assistant
Planner Matzek, Fire Chief Malmquist, City Attorney Filla (Peterson, Fram,
Bergman), City Engineer Stempski (TKDA), City Clerk Lumby, Recording
Secretary Luczak.
D. APPROVAL OF AGENDA
1. Consider approval of April 3, 2007, Agenda
Motion: Council Member Johnson moved approval of Agenda as amended. Council
Member Smith seconded the Motion. The Motion passed unanimously.
E. APPROVAL OF MINUTES
2. Consider approval of March 20, 2007, Minutes
Motion: Council Member Johnson moved approval of March 20, 2007, Council Minutes
as amended. Council Member DeLapp seconded the motion. The Motion passed
unanimously.
F. PUBLIC COMMENTS/INQUIRIES
Hidden Meadows and Rockpoint Church
Interim City Administrator Tom Bouthilet read a statement by Mrs.
Ziertman asking for information regarding the Hidden Meadows
development. Planner Gozola reported on the approval process for the
development through the Final Plat for the First and Second Addition of
Hidden Meadows which includes the Rockpoint Church. Interim
Administrator Bouthilet was asked to follow-up with more information.
LAKE ELMO CITY COUNCIL MINUTES
April 3, 2007
APPROVED AS AIVIENxJED APRIL 17, 2007
4. No Parking Signs on 15th Street
Residents of 15th Street expressed concern about the No Parking signs
installed along 15th Street. The Council directed Staff to review Ordinance
97-181. The residents along 15th Street requested notification when the
Staff has reviewed the Ordinance and will be returning for Council action.
Residents Corryl Jeske, 8996 15th Street North, Don Jeske, 8996 15th
Street North, and Susan Siverson, 8940 15th Street North, spoke against
the No Parking signs newly installed. The Council accepted a written letter
from John Nicholson and Pat Ganley, 8975 15th Street North also against
the No Parking Signs recently installed. All of the residents on 15th Street
requested the Council to have the signs removed.
Motion: Council Member DeLapp moved to suspend enforcement of Ordinance 97-181
and to notify the Sheriff's Office for the No Parking signs on 15th Street until the Staff
researches the background and returns to Council. Council.
G. CONSENT AGENDA
Motion: Council Member Johnson moved approval of the Consent Agenda. Council
Member Smith seconded the motion. The Motion approving the following items passed
unanimously.
5. Resolution No. 2007-026: Claims in the amount of $264,198.06.
6. Resolution No. 2007-027A: Partial Payment No. 3 to Kimmes-Bauer, Inc. for
Tablyn Park/Lake Elmo Heights Well Sealing Project A in the amount of
$10,907.19.
Resolution No. 2007-027B: Partial Payment No. 3 to Kimmes-Bauer, hie. for
Tablyn Park/Lake Elmo Heights Well Sealing Project B in the amount of
$14,372.60.
8. Resolution No. 2007-029: Claim in the amount of $25,125.00.
9. Community Improvement Commission Appointments: Reappointments of
Brenda Anderson and Gloria Knoblauch to two-year terms.
H. FINANCE
10. Receipt of the 2006 Annual Financial Report
The City Council received a report on the City's 2006 financial status
from Abdo, Eick & Meyers, the City's auditor's. Steve McDonald
presented the report and answered questions from the Council.
LAKE ELMO CITY COUNCIL MINUTES
April 3, 2007
APPROVED AS AMEN..&D APRIL 17, 2007
Motion: Council Member Johnson moved to accept the 2006 Annual Financial Report.
Council Member Smith seconded the motion. The Motion passed unanimously.
I. PROJECT DIRECTOR
11. Public Hearing on Ordinance 97-190 proposing an extension to the Village
Development Moratorium
a. Project Director Susan Hoyt explained that the City Council was
being asked to consider a 12-month extension to the Village
Development Moratorium. She explained that the moratorium did
not encompass the entire Village.
The Mayor opened the Public Hearing at 8:10 p.m.
No one requested to address the City Council.
The Public Hearing was closed to Public Comment at 8:11 p.m
Mayor Johnston explained that this would be the final development
moratorium permitted because all of the time allowed under State law
would be used. The Council discussed the boundaries for the moratorium
with Council Member DeLapp requesting that the area be evaluated to
sure that all potential developing area is included within the boundary.
Motion: Council Member Smith moved to adopt Ordinance No. 97-190 extending the
development moratorium in the Village Area until April 3, 2008, with Exhibit A.
Council Member Johnson seconded the motion. The Motion passed unanimously.
Motion: Council Member DeLapp moved approval to direct Staff to come back with a
list of additional areas not yet developed and omitted from Exhibit A, contiguous to the
properties that are included in the Village area. Mayor Johnston seconded the motion.
The Motion passed unanimously.
b. Receipt of Public and Commission Comments on the Village
Master Plan
Project Director Susan Hoyt noted that the City held two public
information meetings, March 21 and March 29, 2007, on the
Village Master Plan. The comments from the meetings as well as
the Planning Commission and Parks Commission were part of the
agenda material that the City Council received. She explained that
the City Council would be reviewing the Village Master Plan at its
April 10, 2007, Workshop and, again, at its April 17, 2007, City
Council meeting.
LAKE ELMO CITY COUNCIL MINUTES
April 3, 2007
3
APPROVED AS AMENYED APRIL 17, 2007
J. FIRE DEPARTMENT
12. Department Activities
a. Fire Chief Malmquist updated the Council on the resignation of
Fire Fighter Rick Myeron due to a job transfer out-of-state, the
pumper/tanker has been delivered, the grass rig conversion was
completed, the house burn was a very successful training operation
and the inflatable rescue boat has been ordered which is $1,500
under budget.
13. Consider a request for a First Response/Command Vehicle
a. Fire Chief Malmquist, the Maintenance Advisory Committee
(MAC) and Staff have discussed the purchase of a first
response/command vehicle for the Fire Dept. and have determined
that a vehicle be purchased at a cost budgeted in the CIP.
Motion: Council Member DeLapp moved approval to purchase a used/new First
Response/Command vehicle not to exceed an amount of $34,000.00 budgeted in the CIP.
Council Member Johnson seconded the motion. Motion passed 4-1: Smith -the City
needs to spend the extra $864 for a new vehicle with full warranty.
K. CITY ENGINEER'S REPORT
14. Consider a reauest for the distribution of the Environmental Assessment
Worksheet (EAW) on Trunk Sanitary Sewer Project
a. City Engineer Stempski discussed the Environmental Assessment
Worksheet (EAW) and provided a timeline to explain the process
of the EAW on the proposed trunk sanitary sewer from I-94 to 30"'
Street.
Motion: Council Member Johnson moved approval to distribute the Environmental
Assessment Worksheet (EAW) for the Trunk Sanitary Sewer Project to the EAW
Distribution List with the removal of the four sentences of Paragraph of 6B of the EAW.
Council Member Park seconded the motion. Motion passed 4-1: DeLapp-believes
potential benefactors in the future will not benefit.
L. PLANNING, LAND USE & ZONING
15. Public Hearing continuation from March 20, 2007
a. Consider a request for vacating an easement at Lot 1, Block 8,
Tapestry at Charlotte's Grove, Resolution No. 2007-028
City Planner Matzek updated the Council that the applicant is seeking to
vacate an existing drainage and utility easement and to replace such with
LAKE ELMO CITY COUNCIL MINUTES
April 3, 2007
11
APPROVED AS AMENS ED APRIL 17, 2007
an adjusted drainage and utility easement. The storm water discharge path
was rerouted to provide additional removal of material before it entered
the wetland.
Applicant Greg Moris addressed the Council stating that his father spent
considerable time and money on the property to ensure the wetland area
and culverts had been abandoned in accordance with the Valley Branch
Watershed District. Mr. Moris stated he will submit the documentation of
the abandonment and removal of existing culvert to the City Engineer.
Mayor Johnston closed the Public Hearing at 9:25 p.m.
Motion: Council Member DeLapp moved approval of Resolution No. 2007-028,
granting Vacating Existing Platted Drainage and Utility Easements in Tapestry at
Charlotte's Grove with the following conditions:
1. The existing culvert must be properly abandoned and removed at applicant's cost.
Details must be provided to and approved by the City Engineer,
2. Conveyance of a grant of easement from the recorded property owners and
encumbrances to the City of Lake Elmo for the legal descriptions approved by the City
Attorney and prior to the issuance of any building permits for Lot 1, Block 8, Tapestry at
Charlotte's Grove and at applicant's cost,
3. The applicant shall obtain and adhere to all necessary permits and approvals from the
Valley Branch Watershed District (VBWD),
4. All conditions of the VBWD Permit #2004-026 must be met, and
5. Approved by the Minnesota Land Trust if necessary.
Council Member Smith seconded the motion. The Motion passed unanimously.
b. Consider a Variance to Allow a Private Off -Site Sevtic System on
less than one (1) acre Lot 11 Block 1 Ruth's I" Addition (off
Klondike Avenue North)
City Planner Gozola reported that the applicant was seeking two
variances for the construction of a private off -site septic system for
a proposed new home, on less than one acre, Lot 11, Block 1,
Ruth's 0 Addition off Klondike Avenue. Based on the analysis of
the review criteria in State Statute and City Code, Staff would
recommend variance approval with the following findings of fact:
1. The applicant shall obtain all necessary permits and approvals
from the City and other applicable entities with jurisdiction prior to
the any future construction or activity on the land,
2. The applicant shall agree to any easements or agreements as
required by the City Attorney necessary for the crossing of public
right-of-way for the off -site septic system,
3. The applicant shall agree to any conditions required by the City
Engineer related to the proposed septic design, area, and
construction,
LAKE ELMO CITY COUNCIL MINUTES
April 3, 2007
APPROVED AS AME�ED APRIL 17, 2007
4. The applicant shall hook up to the municipal sewer system once
it becomes available if mandated to do so by the City,
5. The lowest floor elevation for any future new home shall be at
or above Elevation 893.0,
6. A permanent buffer strip at least 35-feet wide, measured
perpendicular to the Ordinary High Water level (Elevation 885.6)
and extending 35 feet inland, shall be established,
7. For the future home, a mowed access and shoreline is allowed
but shall not exceed 30 feet in width. Access paths shall not be
located where concentrated runoff will flow to the Lake,
8. Temporary and permanent erosion controls must be installed in
conjunction with future activity per the direction of the City
Engineer, and
9. The variance shall expire one year from the date of resolution;
City Council approval will be required for any subsequent
extension.
Council and Staff discussed the two variance requests for the off -
site septic system.
The applicant withdrew his second variance request for a one acre
minimum easement size for a septic system.
Motion: Mayor Johnston moved to direct Staff to prepare a resolution of approval for the
variance based on the nine findings of fact:
1. The applicant shall obtain all necessary permits and approvals from the City and other
applicable entities with jurisdiction prior to the any future construction or activity on the
land,
2. The applicant shall agree to any easements or agreements as required by the City
Attorney necessary for the crossing of public right-of-way for the off -site septic system,
3. The applicant shall agree to any conditions required by the City Engineer related to
the proposed septic design, area, and construction,
4. The applicant shall hook up to the municipal sewer system once it becomes available
if mandated to do so by the City,
5. The lowest floor elevation for any future new home shall be at or above Elevation
893.0,
6. A permanent buffer strip at least 35-feet wide, measured perpendicular to the Ordinary
High Water level (Elevation 885.6) and extending 35 feet inland, shall be established,
7. For the future home, a mowed access and shoreline is allowed but shall not exceed 30
feet in width. Access paths shall not be located where concentrated runoff will flow to
the Lake,
8. Temporary and permanent erosion controls must be installed in conjunction with
future activity per the direction of the City Engineer, and
9. The variance shall expire one year from the date of resolution; City Council approval
will be required for any subsequent extension
Council Member Johnson seconded the motion. The Motion passed unanimously.
LAKE ELMO CITY COUNCIL MINUTES
April 3, 2007
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APPROVED AS AMEN,jED APRIL 17, 2007
C. Consider Ordinance No. 97-167: Commercial Outdoor Social
Events
City Planner Matzek noted that the Council previously discussed
the Commercial Outdoor Social Events Ordinance, and they had
recommended the Planning Commission review to repeal the
Ordinance at the March 26, 2007, meeting. The Planning
Commission recommended a moratorium and requested Staff to
review the Ordinance and address concerns raised by the Council
and affected residents.
Motion: Council Member Johnson moved approval of Ordinance 97-191 repealing
Ordinance No. 97-167, Commercial Outdoor Social Events in the Agricultural Zoning
District, Section 300.07, Subdivision 300.07, Subdivision 4.A.2.(h). Mayor Johnston
seconded the Motion. The Motion passed unanimously.
d. MnDOT Landscaping Program
City Planner Matzek informed the Council that the MnDOT
Community Landscaping Partnership Program near Carriage
Station Park is moving forward. A signed agreement has been
received providing assurance that the State will reimburse the City
up to $9,000 for the landscaping materials. City Staff and
community residents will provide the manual labor. The proposed
planting dated is Saturday, May 19, 2007.
Motion: Council Member Smith moved approval of the bid from Grove Nursery for a
cost of $7,164.50. Council Member Johnson seconded the Motion. The Motion passed
unanimously.
M. CITY ATTORNEY'S REPORT
a. Update on 8475 Hidden Bay Trail — Verbal
The City Attorney informed Council that the property owner
appeared in Court. The owner stated he has been unable to obtain
a loan and the Judge allowed him four more months to get the
home up to code, or go to jail. The Council consensus was to wait
the four months before pursuing legal action by the City.
N. CITY ADMINISTRATOR'S REPORT
a. Administrator's Agreement
Interim City Administrator Tom Bouthilet presented the Administrator's
Contract with Susan Hoyt for consideration of employment as City
Administrator of Lake Elmo.
LAKE ELMO CITY COUNCIL MINUTES
April 3, 2007
APPROVED AS AMEN,jED APRIL 17, 2007
Motion: Council Member DeLapp moved approval of the City Administrator Contract of
Employment with Susan Hoyt, effective April 9, 2007. Council Member Smith seconded
the Motion. The Motion passed unanimously.
N. CITY COUNCIL REPORTS
a. Mayor Johnston - None
Council Member DeLapp - None
C. Council Member Johnson thanked Susan Hoyt for accepting the Lake
Elmo City Administrator position.
d. Council Member Park - None
e. Council Member Smith thanked Brenda Anderson and Gloria Knoblauch
for their reappointment to the Council Improvement Commission.
Meeting adjourned at 10:19 a.m.
Resolution No. 2007-026:
Approved Claims
Resolution No. 2007-027A:
Partial Payment No. 3, Tablyn Park/Lake Elmo Heights
Well Sealing Project A
Resolution No. 2007-027B:
Partial Payment No. 3, Tablyn Park/Lake Elmo Heights
Well Sealing Project B
Resolution No. 2007-028:
Vacation of Drainage Utility Easement - Tapestry at
Charlotte's Grove, Resolution
No. 2007-028
Resolution No. 2007-029:
Approved Claim
Ordinance No. 97-190:
Village Development Moratorium
Ordinance No. 97-191:
Repeal of Ordinance No. 97-167 - Commercial Outdoor
Social Events
LAKE ELMO CITY COUNCIL MINUTES
April 3, 2007