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Home My WebLink About07-17-07 CCMCity of Lake Elmo City Hall 3800 Lake Elmo Avenue July:L7, 2007 7 PM CITY COUNCIL MEETING AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C ATTENDANCE: _ Mayor Johnson, Council_ DeLapp, _ Johnson, _ Park, _Smith D. APPROVE THE AGENDA E. APPROVE MINUTES from June 19, 2007 and July 10, 2007 F. PUBLIC COMMENTS/INQUIRIES: Meeting attendees wishing to address the city council On an item NOT on the regular agenda may speak for up to three minutes G. CONSENT AGENDA: Items are on the consent agenda because they are routine business and are not for discussion. 1. Approve resolution number 2007-050 for claims 2. Approve resolution number 2007-051 approving the preliminary plat of Whistling Valley III 3. Approve resolution number 2007-052 approving the jurisdictional transfer of the southern half of Hudson Road from Woodbury to Lake Elmo. H. REGULAR AGENDA 4, Proclaim HufPN Puff Days and consider approval of on -sale non -intoxicating liquor license 5. Consider appointment of probationary firefighters, Mike Yost and Noah Malmquist to firefighter status and Tony Beaubien as probationary firefighter. 6. Verbal update on the 1-94 to 30'" Street Infrastructure Project 7. Consider change order no. 2C for elevated water tank no. 2 8. Consider request for swimming pool covers 9. Consider approving ordinances related to zoning code text amendments for: a. Ordinance no. 97-195 Limited Business sewered residential holding district b. Ordinance no. 97-196 prohibiting open space preservation development in adopted holding districts 10. Consider the budget process timeline I. REPORTS AND ANNOUNCEMENT'S (These are verbal updates and do not have to be added to the agenda.) • Mayor and Council members • Administrator • Staff Monthly Operating Report —Tom Bouthilet J. ADJOURN MINUTES APPROVED: AUGUST 7, 2007 City of Lake Elmo City Council Meeting Minutes July 17, 2007 Mayor Johnston called the meeting to order at 7 PM. Everyone joined in the Pledge of Allegiance. Present: Mayor Johnston, Council members DeLapp, Johnson, and Smith. Absent: Council Member Park Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla, Senior Planner Gozola, City Engineer Griffin, Assistant City Engineer Stempski, and City Clerk Lumby Approval of Agenda: Motion: Mayor Johnston moved to approve the July 17, 2007 council agenda as amended. Council Member DeLapp seconded the motion. The motion passed unanimously. Approval of the June 19, 2007 minutes The June 19, 2007 minutes were accepted as corrected by consensus. Approval of the July 10, 2007 minutes The July 10, 2007 minutes were accepted as corrected by consensus. PUBLIC COMMENTS/INQUIRIES: Renee Murray, 2722 Lisbon Avenue Ct. N., stated she did not believe there was a need to expand the runway at the Lake Elmo airport because the airport was not being used as projected by the Metropolitan Airport Commission (MAC). She said her observations were that airport traffic was declining and the proposed runway expansion was not necessary. She asked that her comments be forwarded to MAC. Greg Kotaska, 9495 Stillwater Blvd., and Richard Som, 9447 Stillwater Blvd., asked to extend city water to their homes because their homes tested above normal drinking water levels as part of future water plans. These property owners are being provided bottle water by the state. Judy Wadsworth, 2119 Lake Elmo Avenue, stated that Council members DeLapp and Smith explained their financial property ownership in Lake Elmo in response to question at the July l 7th city council meeting. She asked Mayor Johnston and Council member Johnson to state their property interests. Mayor Johnston replied this was public record. LAKE ELMO CITY COUNCIL MEETING JULY 17, 2007 CONSENT AGENDA: Motion: Council Member Johnson moved to approve the consent agenda as identified. Council Member Smith seconded the motion. The motion passed unanimously. • Approve resolution number 2007-050 for claims • Approve resolution number 2007-051, preliminary plat of Whistling Valley III • Approve resolution number 2007-052, the jurisdictional transfer of the southern half of Hudson Road from Woodbury to Lake Elmo REGULAR AGENDA: Proclaim Huff Puff Days and consider approval of on -sale non -intoxicating liquor license. Motion: Council Member Smith moved to proclaim August 9-121h Huffn Puff Days, Council Member Johnson seconded the motion. The motion was passed unanimously. Motion: Mayor Johnston moved to approve the Lake Elmo Jaycees request for an on - sale non -intoxicating liquor license for Huffn Puff Days August 9-12`h held at Lions Park. Council member DeLapp seconded the motion. The motion was passed unanimously. Consider appointment of probationary firefighters, Mike Yost and Noah Malmquist to firefighter status and Tony Beaubien a probationary firefighter Fire Chief Malmquist introduced new firefighters, Mark Yost and Noah Malmquist and probationary firefighter, Tony Beaulieu and Matt Smigleski, who was appointed at a former meeting. Motion: Council Member DeLapp moved to promote probationary firefighters Mark Yost and Noah Malmquist to firefighters. Council Member Smith seconded the motion. The motion passed unanimously. Motion: Council Member Johnson moved to hire Tony Beaulieu as a probationary firefighter subject to passing a physical examination to qualify for this position. Council Member Smith seconded the motion. The motion passed unanimously. Verbal update on the I-94 to 30th Street infrastructure project Jack Griffin, City Engineer, explained that the preliminary design work included a thorough analysis of the sewer line between 201h and 30th street to determine what makes the most sense. He said that the alignment along Lake Elmo Avenue was most cost effective since an alignment along Manning Avenue added a mile to the project and a LAKE ELMO CITY COUNCIL MEETING JULY 17, 2007 2 cost of $700,000. However, information on a force main ($4 million) and gravity sewer with road infrastructure ($6.9 million) were both under consideration, He said that not only engineering components would influence the sewer design, but the financial feasibility of the project. He also explained that no funds were being spent on design work associated with the road improvement activities along Lake Elmo Avenue because it was premature to assume this would be part of the project. This decision will be made much later. Council Member DeLapp asked several questions about the sewer alignment and service points as well as about possibly excluding the water main from the project cost since this is not specific to implementing the Village master plan vision and the water improvements might be better financed by 3M given the water issues in the city. He said that he expected Village area developers to cover the costs of this project attributable to their needs on their land. Engineer Griffin explained the water main could be eliminated from the project; it was included because it was cost effective to consider at this time should the city end up doing the gravity sewer option, which was still not determined. Marjorie Williams, 3025 Lake Elmo Avenue, stated that the history in Lake Elmo was for a rural lifestyle, which she truly cherishes. She said moving the sewer project forward and asking people to pay for the project was abhorrent to her and many other property owners and residents, Todd Williams, 3025 Lake Elmo Avenue, stated his 1911 house was served by a very adequate on -site wastewater treatment system. He explained that the Metropolitan Council never required the city to provide sewer to the Village area and that he encouraged the city council to reconsider this sewer plan and to return to a community treatment system concept accompanied by minimal growth in housing units. Dennis Tremel, 2715 Lake Elmo Avenue, stated his septic system works great and doesn't see a benefit of the sewer project. He said the costs would be excessive if they were allocated solely to Lake Elmo Avenue property owners. Council Member Johnson stated that the scale of the sewer trunk project was so large and the cost so significant that it is very challenging and the council will need to carefully evaluate cost alternatives. Council Member Smith explained that one of the council's responsibilities to the entire city is to be sure that the requirements for population growth and residential equivalent limits (RECs) under the Metropolitan Council agreement were distributed in the city and not all assigned to the area between I-94 and l0a' Street. Consider approval of Lake Elmo elevated storage tank No. 2 — Change Order 2C The City Engineer asked the city council to approve change order no, 2C for the elevated water storage tank no. 2 project, which defines the contractor's responsibilities and warranty obligations with regards to the water tower's concrete shaft construction being LAKE ELMO CITY COUNCIL MEETING JULY 17, 2007 out of tolerance at one location. $7,000 is being withheld from payment to cover a city contracted inspector to do the inspection. Motion: Council Member DeLapp moved to approve Change Order No. 2C thereby decreasing the contract amount by $12, 215.41 to a total contract amount of $1,154, 965.59, defining a 5-year warranty period for workmanship and materials, and defining the concrete shaft inspection process. Council Member Johnson seconded the motion. The motion passed unanimously. Consider request for swimming pool covers Senior Planner, Ben Gozola, asked direction from the city council as to whether there is interest in accepting powered swimming pool covers as an acceptable barrier for pool safety in lieu of fencing. The city has recently received two separate requests to examine the utility of powered swimming pool covers as a viable alternative to required safety fencing. Motion: Council Member DeLapp moved to direct staff to addpool covers to the 2007 workplan. Council member Johnson seconded the motion. The motion passed unanimously. Senior Planner, Ben Gozola, explained the purpose of Ordinance no. 97-195 is to create the HD-LB-SRD Holding District to govern two of the properties to the south of 10"' Street. The HD-LB-SRD holding district was inadvertently missed during the initial process as a result of staffs concurrent updating of the City's official zoning map. Both properties in question were depicted as "Highway Business" on the city's zoning map, but staff discovered that the correct zoning for these parcels was actually Limited Business. Neither of the parcels being zoned HD-LB-SRD are subdividable under their current zoning. Motion: Council Member Johnson moved to approve Ordinance No. 97-195 creating language to govern the Limited Business sewered residential holding district (PID-LB- SRD). Council Member DeLapp seconded the motion. The motion passed unanimously. Ordinance no. 97-196 prohibiting open space preservation development in adopted holding districts Senior Planner, Ben Gozola, explained the purpose of Ordinance no, 97-196 is to prohibit open space preservation development in holding districts with the based zoning of Rural Residential (RR) and Rural Estates (RE). He said the reason for creating holding district was to restrict development of parcels of less than twenty (20) acres in size. The adopted holding district language failed to prohibit OP development options in all holding districts being created on parcels formerly zoned RR and RE. LAKE ELMO CITY COUNCIL MEETING JULY 17, 2007 4 Council Member DeLapp expressed concern that lots smaller than 20 acres north of Highway 5 and South of 39`h Street and may develop inconsistent with the Village plan. The council directed the administrator to return to the city council with an evaluation of this concern. Motion: Council Member Smith moved to approve Ordinance No. 97-196 prohibiting open space preservation development in holding districts. Council Member Johnson seconded the motion. The motion was passed unanimously. Motion: Council Member DeLapp moved that staff prepare a moratorium on development for parcels north of Highway 5 and south of 39`h Street in order to prevent unexpected potential development on lots smaller than five acres. Council Member Johnson seconded the motion. The motion passed unanimously. Consider the budget process timeline The Finance Director provided a timeframe of the 2008 general operating budget workshops on August 22nd August 30`" if necessary. The capital budget for 2008 and the five year CIP will be reviewed and approved during the fall and winter months. Motion: Council Member Smith moved to approve the timeline as outlined for its 2008 budget process, which will begin with budget workshops in late August and culminate in the certification of the city's property tax levy and budget on December 27, 2007. Council Member Johnson seconded the motion. The motion passed unanimously. Resolution authorizing an application for grant funds for comprehensive planning Administrator Hoyt asked for approval to apply for the Metropolitan Council's Local Planning Assistance Grant up to $20,000 to help cover the costs of the 2008 comprehensive plan upgrade and to allow her to execute an agreement accepting grant funds should they be awarded to the city. Council Member Johnson moved to approve Resolution no. 2007-53 identifying the need for funding to complete the 2008 comprehensive plan update and authorizing an application for grant funds. Council member DeLapp seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS: Mayor and Council members • Council Member Smith announced that in the Cottage Living magazine the City of Lake Elmo Fields of St. Croix is number four on the list for best cottage living developments. LAKE ELMO CITY COUNCIL MEETING JULY 17, 2007 Mayor Johnston explained the Association of Metropolitan Municipalities transportation policy is to pursue authority for speed enforcement for communities which did not pass this legislative session. Administrator • The annual Volunteer Recognition picnic will be held on Friday, September 21st at Tartan Park. • Attorney Filla and the City Administrator are working on a letter to the Metropolitan Airport Commission indicating the City Council and residents' concerns on the proposed airport expansion. The agreement for improvement to the house and yard at 9224 31 st Street has terminated on June 301h. The next steps will be determined. City Engineer • Engineer Griffin explained he is exploring Keats Avenue and Highway 36 options and will meet with MnDOT and Washington County. • Council Member DeLapp reiterated his interest in discussing and creating a policy for having private entities pay for street lights that benefit private properties so that public funds are not expended for these costs. The council directed the administrator to add this policy discussion to a future workshop agenda. Staff • The Finance Director, Tom Bouthilet, provided a Monthly Operating Report for Period 6 (ending 7/27/2007). He reported there is a shortfall on revenue because of anticipating a boom in building. M yor adjourned tke meeting at 10 p.m. Resolution no. 2007-050 Clam Resolution no. 2007-051 Preliminary Plat of Whistling Valley III Resolution no. 2007-052 jurisdictional transfer of the southern half of Hudson Road from Woodbury to Lake Elmo Resolution no. 2007-053 grant funds for comprehensive planning Ordinance 97-195 Limited Business sewered residential holding district Ordinance 97-196 prohibiting open space preservation development in adopted holding districts LAKE ELMO CITY COUNCIL MEETING JULY 17, 2007 6 Lake Elmo City Council Meeting WELCOME d l 7 If you wish to address the city council, please fill in the form and ive it to -the city clerk or the city administrator. 11� 1" ! You may address the city council for up to 3 minutes. 'rhe mayor will call upon you when it is time for you to speak during the � time designated for public comments on each agenda item. / Name v7�r4 Address ��`/ �/ -S fii Al Ic Tq 5 What item # and topic _�C� �u / �' �" CX��i►1� (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and give " the city clerk or the city administrator. g ofi to You may address the city council for up to 3 minutes. 'ihe mayor will call upon you when it is time for you to speak durin time designated for public comments on each agenda item. g the Address ^ L� What item # and topic (If your topic is not a numbered on the agenda, it will be heard at th beginning of the meeting under public comments and inquiries). e 6) Al0 �p,, �d,��__ (l tSc�vSuv� �w, O �e�s atZ -� ru.. -7 Lake Elmo City Council Meeting Ge- `�= To x, L-n, µ `^� �-r AP��Zr WELCOME 3 ,I (LJ 4S 'jk,•4.l If you wish to address the cif the Y council, please fill in t give city clerk or the city administrator. he form and give it to You may address the city council for up to 3 minutes. �i' Cu r �''J / time designated for public comments on each agenda item the mayor will call upon you when it is time for you to s ea '� k during the Name Address What item # and topic (!f our topic Y p c is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). (Name Lake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and give it to the city clerk or the city administrator. You may address the city council for up to 3 minutes. The mayor will call upon you when it is time for you to speak during the time designated for public comments on each agenda item. v Address j %/ What item # and topic (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and iv 'the city clerk or the city administrator. g e of to You may address the city council for up to 3 minutes. The mayor will call upon you when it is time for you to speak duri time designated for public comments on each agenda item. ng the Name VI/ha item # and topic (If your topic is not a numbered on the agenda, it will be h beginning of the meeting under public comments and in uir sat the q ). Lake Elmo City Council ✓ � Meeting WELCOME If you wish to address the city council, please fill in the form and give it to the city clerk or the city administrator. You may address the city council for up to 3 minutes. `rhe mayor will call upon you when it is time for you to speak during the time designated for public comments on each agenda item. Address What item # and topic '� 1' ' `'' (If your topic is not a numbered on the agenda, it will be heard at the beginning of the meeting under public comments and inquiries). Lake Elmo City Council Meeting WELCOME If you wish to address the city council, please fill in the form and give it to 'the city clerk or the city administrator. You may address the city council for up to 3 minutes. 'rhe mayor will call upon you when it is time for you to speak during the time designated for public comments on each agenda item. Name i,�f/ �► i ��l� - Address A` - �44- What item # and topic (If your topic is not a numbered on the agenda, it will be heard t the beginning of the meeting under public comments and inquiries)