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HomeMy WebLinkAbout08-21-07 CCMCity of Lake Elmo 3800 Laverne Avenue North August 21, 2007 7 PM REGULAR CITY COUNCIL MEETING AGENDA A. CALL TO ORDER: B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: D. APPROVAL OF AGENDA: E. ORDER OF BUSINESS: F. GROUND RULES: G. APPROVE MINUTES: 1. Consider approval of minutes from meeting of August 7, 2007 H. PUBLIC COMMENTSANQUIRIES: Meeting attendees wishing to address the city council on any items NOT on the regular agenda may speak for up to three minutes. I. CONSENT AGENDA: Items are on the consent agenda because they are routine business and are not for discussion. 2. Approve Resolution no. 2007-56 for claims 3. Authorization for the Wellhead Protection Plan Phase II 4. Resolution accepting work for the Lake Elmo Elevated Water Storage Tank No. 2; Resolution no. 2007-57 5. Lake Elmo Elevated Water Storage Tank No. 2 Payment Certificate No. 11 (Final) 6. Authorize contracting with Stillwater PC for IT services J. REGULAR AGENDA: 7. Proclaim the Lake Elmo Fire Department Fiftieth Birthday celebration on September 7 and 8, 2007 8. Consider approval of a Keats Avenue (County 19) landscaping plan from I-94 to 10`h Street with Washington County 9. Information on the Lake Elmo Avenue (County 17) Design Review Process from Washington County 10. Receive information and give direction on options for the Baytown Superfund site disposal options from the PCA 11. Consider a zoning ordinance to control the location of Sexually Oriented Businesses; Ordinance No. 97-198 12. Information on the process to address private/public street lighting charges for service 13. Consider approving a contract for website development services and hosting from GovOffice K. REPORTS AND ANNOUNCEMENTS; (These are verbal updates and do not have to be added to the agenda.) • Mayor and Council members • Administrator - AUAR advisory panel 8/23 — information available weblink - AUAR city council workshop — 9/12 at 6 PM - Financing infrastructure workshop — 9/25 at 6 PM (confirming dates) • Finance - General fund operating budget meeting — August 22" a, 6 p.m. - Monthly Operating Report • City Clerk - September 11 workshop cancelled due to School Board Primary • City Engineer - Transportation Plan L. ADJOURN Minutes Approved: September 4, 2007 City of Lake Elmo City Council Meeting Minutes August 21, 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, Park and Smith Also Present; City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla, Senior Planner Gozola, City Engineer Griffin, City Engineer Stempski and City Clerk Lumby Approval of Agenda: Motion: Council Member Johnson moved approval of the August 21, 2007 agenda, as amended. Council Member Smith seconded the motion. The motion passed unanimously. Mayor Johnston reviewed the City Council adopted ground rules and order of business. Approval of the August 7, 2007 minutes The August 7, 2007 minutes were accepted as corrected by consensus. PUBLIC COMMENTS/INQUIRIES: Todd Williams, 3025 Lake Elmo, Avenue inquired why he had not received an answer to his letter dated July 20, to the City Council that was copied to and received by the City Administrator, requesting that he be able to attend all agency meetings on the Village AUAR. The City Council put this on the September 4, 2007 agenda. Susan Dunn, 11018 Upper 33`d St., thanked the city for the link to the Village AUAR information and for the financial report on the Village expenditures to date that was part of the agenda packet. She asked that airport safety zones be recognized as hazard zones. Dave Moore, 8680 Stillwater Blvd., said he came to report an issue with restoring the sod in a ditch after the cable was installed and that he had already spoken with the city engineer and the problem would be addressed. 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 no. 2007-056 for claims • Authorization for the Wellhead Protection Plan Phase II LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2007 P Minutes Approved: September 4, 2007 • Approve Resolution accepting work for the Lake Elmo Elevated Water Storage Tank No. 2; Resolution no. 2007-057 • Approve Lake Elmo Elevated Water Storage Tank No. 2 Payment Certificate No. 11 (Final) • Authorize contracting with Stillwater PC for IT services REGULAR AGENDA: Proclaim the Lake Elmo Fire Department Fiftieth Birthday celebration on September 7 and 8, 2007 Council Member DeLapp proposed revisions to the 50t' Birthday Proclamation that he believed would strengthen the historic information provided in the document. He explained that he could not support the proclamation without this additional information because it would be incomplete. Council Member Johnson moved to approve the Lake Elmo Fire Department Fiftieth Celebration Proclamation as presented by the Fire Department. Council Member Smith seconded the motion. Mayor Johnston and Council Members Johnson, Park, Smith voted for the motion with Council Member DeLapp voting against. Mayor Johnston proclaimed Friday, September 7, 2007 and Saturday, September 8, 2007 as the "Lake Elmo Fire Department's 50`h Anniversary, Community Celebration Days" in the City of Lake Elmo Consider approving a landsca�mg plan for Keats Avenue (County 19) from I-94 to Lake Elmo Regional Park Reserve Administrator IIoyt explained the City Council is being asked to consider approving a landscape plan for the median and trail edge along Keats Avenue (County 19) to the Lake Elmo Regional Park. The landscape concept emerged from the City Council's request to see some landscaping along with Washington County's plan to add traffic signals at 1-94 and County 19 and to redo the trail along Keats from I-94 to 1 Oth Street. Administrator Hoyt reported the landscaping project meets both the City goal of creating an attractive entry to the City and a more attractive trail for trail users. The preferred option of the two options plan for the project plan requires shared costs by the City and county in the amount of $ 42,000 with $ 16,800 city and $ 25,200 County. Sherri Buss, Landscape architect, TKDA presented the design elements, plant materials in Option 1 and Option 2. Option 2, prairie plantings in the median and along the trail edge, was the preferred option by the reviewers of the plan, which included the city forester, Kathy Widin. Wayne Sandberg, Washington County, does support this and looks forward to being a partner with the city. The basic landscaping cost sharing of 40% city and 60% county is LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2007 Minutes Approved: September 4, 2007 consistent with how we treated other communities in the county. The plans, if approved, would be implemented this fall along with the work on the trail. Several questions about the type of plantings, the history of landscaping plans with the county and City along the corridor and the cost sharing proposed arose. These items were discussed among City Council members. Council Member DeLapp said that although he is a proponent of beautifying the City with landscaping that he would not support the motion because the trees are being planted only in the median and on one side of the road, not both sides and because in the past, the county promised the City that it would pay for this landscaping when the area was designed as a county parkway. Motion 1: Council Member Johnson moved to approve the Keats Avenue (County 19) landscaping plan option 2 to 10 Street in the amount of $42, 000 with the city's share at $16, 800, Mayor Johnston seconded the motion. Mayor Johnston and Council Members Park, Johnson and Smith voted for the motion with Council Member DeLapp voting against. Motion 2: Council Member DeLapp moved to provide the opportunity to include additional plantings along this section of Keats Avenue in the future when the current landscaping plans were completed. Council Member Smith seconded the motion. The motion passed unanimously. Information on the Lake Elmo Avenue (County Design Review Process from Washington County Wayne Sandberg, Washington County Deputy Physical Development Director, gave a presentation on the process and schedule for implementing a design review committee to include Grant, Lake Elmo, Washington County and MnDOT representatives to study alternative designs for the intersection of Lake Elmo Avenue (County 17) and Highway 36. He explained that the county will provide some options for the City Council to consider in appointing members to the committee later this fall. The City Council expressed an interest in this process with Council Member DeLapp noting his interest in serving. The City Council directed the staff to bring back some options for appointing committee members to this process for its consideration. Receive information and give direction on options for the Ba own Superfund site disposal options from the PCA Administrator Hoyt explained cleaning up the Baytown Superfund contamination is a high priority for the pubic health and safety. The MPCA has developed clean up plans to treat the contamination, which is under the Hagberg property. Several options were reviewed over the past months. Part of the challenge in the process was disposing of the clean, treated water. She explained that the plan before the council was to allow some of the treated water to be disposed of through a horizontal well several feet underground LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2007 Minutes Approved; September 4, 2007 under the VFW softball fields. The MPCA said that if this option was approved, the MPCA would be willing to look at irrigating the fields and at a water station for City public works staff and contractors. She said we should review the design of the facility on the Hagberg site and verify the noise levels propose and to be sure information is shared with the park commission, the planning commission and the neighbors to the VFW fields. Kurt Schroeder, MPCA hydrologist, presented the information on how the treatment would technically occur. The treatment would continue until the contamination was cleaned up — anywhere from 10 to 20 years. Dan Card, Project Leader, MPCA, explained the remediation method that will be used is called "air stripping" and is currently being used in Bayport does not emit water into the air. The treated water will exceed drinking water standards. The review committee decided that the best option would be to drill a horizontal well system that would take the air stripped water though four lengthy pipes that would run from Hagbergs and under the VFW Park. There would be no disruption to the surface of the VFW ball fields and no pipes would stand up out of the ground. Dave Wolfgram, consultant from Terracon, reviewed the preliminary discharge options and how air quality and water quality would be monitored. Motion: Council Member DeLapp moved on approval of the horizontal designs of the VFW ball field as part of the clean up mechanisms for treating TCE contamination under the Hagberg property. And to have the PCA proceed with meeting with the park commission, the planning commission, the neighbors and to return to the city council with a draft agreement for implementing this concept. Council Member Smith seconded the motion. The motion passed unanimously. Consider a zoning ordinance to control the location of Sexually Oriented Businesses; Ordinance No. 97-198 City Planner Ben Gozola stated the City Council is required by state law to set a zoning ordinance that does not guarantee space for such businesses, but that provides an opportunity for their establishments. He provided the planning commission recommendation for an ordinance that accomplished this requirement and the background research that went into the work and the 1,350 foot buffer area. Council Member DeLapp inquired why 1,350 feet was used as a buffer. Attorney Filla responded that it was defensible and used in similar ordinances in other cities. Council Member DeLapp suggested that one of the possible locations would be precluded by showing St. Lucas Church near 20'' Street and Manning Avenue. LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2007 4 Minutes Approved: September 4, 2007 Motion: Mayor Johnston moved approval of'Ordinance 97-198, an ordinance controlling sexually oriented uses. Council Member Johnson seconded the motion. The motion passed unanimously. Council Member Johnson moved to approve Resolution no. 2007-058, approving the summary publication of Ordinance No. 97-198. Council Member Smith seconded the motion. The motion passed unanimously. Process for developing a public and private fee policy for existing street lights Administrator Hoyt explained that the City Council had directed the staff to explore developing a policy to determine what existing street lights should be paid through public funds and which should be charged to private property owners because the street lights did not benefit the public. She reported that cost of electricity for its street lights and City share of traffic signals was $22,000 out of the 2006 general operating budget. She said the first step in this work is to accept a process for developing this policy and she laid out a possible process to follow and direction was being requested. Council Member Smith pointed out that street lights, even in residential neighborhoods, provide for the public safety for all people driving on these public streets and that she would not support spending time and money on this. Mayor Johnston concurred with this comment. Council Member DeLapp reminded the City Council that it was critical that the City control street lights so that the City is not overly lit up. He also provided the history of why this policy came up because the City had accepted paying for the Fields of St. Croix street light operations some years ago with the expectation that this be studied in the future. Council Member Johnson clarified that developer's pay for the street lights and the City could determine when the street light operations should be privately funded in future developments. Council Member DeLapp explained the he would not support the motion not to proceed with this policy because of the intent of the City Council action on the Fields of St. Croix and because of the importance that street lights be minimized in the City to maintain a dark sky whenever possible. Council Member Johnson moved to take no further action on this street light item. Council Member Park seconded the motion. Mayor Johnston and Council Members Johnson, Park and Smith voted for the motion with Council Member DeLapp voting against. LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2007 Minutes Approved: September 4, 2007 Consider approving a contract for website development services and hosting from Gov Office Administrator Hoyt explained the City Council is being asked to consider approving a contract with GovOffice for services related to the development and hosting of the City's website to improve the City's ability to communicate effectively. Carol Kriegler, project assistant, recommended accepting the GovOffice quotation for a one-time website creations services/license fee, one time URL transfer fee, and the one year Service Package fee for a total of $2,011.00. Kriegler also recommended council authorization of up to $1,000 for template design modification services and additional staff training and technical support from GovOffice and an additional $500 for the purpose of purchasing stock photographs or photography for photos to be included on the site. Mayor Johnston and council members concurred that the web site priority, once it is up and running, is to add the Council and Commission packets to the website. Motion: Council Member DeLapp moved to approve the GovOffice quotation for service in the amount of $2, 011.00 and authorization for expenditures not to exceed $1, 500.00 for web photography and additional GovOffice services and support in fulfillment of the comments of'the Mayor. Council Member Johnson seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS: Council Member Johnson encouraged City support in the Fire Department 50°i Anniversary Celebration. Mayor Johnston referred to an anonymous letter the Council received indicating two council members are real estate agents and the Mayor is a developer. The Mayor clarified that this is misinformation; he is not a developer. Administrator Hoyt reported that 1) the information for the Village AUAR advisory panel meeting on August 23, 2007 at 7 PM would be available on an f(p site and that the advisory panel is open to the public; 2) the Village AUAR current condition information will be presented to the City Council at a workshop on September 12th at 6 PM; and 3) an article on fish consumption advisory on Lake Elmo lakes will be added to the website and inserted in the newsletter. Finance Director Tom Bouthilet reminded the City Council of the August 22"16 PM budget workshop on the proposed 2008 General Fund and Property Tax Levy City Clerk Sharon Lumby reported that the September 11, 2007 regular City Council workshop was postponed until September 12th due to a primary election and that the LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2007 Minutes Approved: September 4, 2007 November 6, 2007 City Council meeting would be changed to November 5, 2007 due to the election on the 6`n Mayor Johnston adjourned the meeting at 10:48 p.m. Approved on: September 4, 2007 Respectfully submitted, p Sharon Lumby, V\ City Clerk Resolution no. 2007-056 claims Resolution no. 2007-057 accepting work for the Lake Elmo Elevated Water Storage Tank No. 2 Resolution no. 2007-058 summary publication of Ordinance no. 97-198 Ordinance no. 97-198 Sexually Oriented Businesses LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2007 7