The URL can be used to link to this page

Home My WebLink About09-18-07 CCMCity of Lake Elmo 3800 Laverne Avenue North September 18, 2007 7 PM REGULAR CITY COUNCIL MEETING AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ATTENDANCE: _Mayor Johnston, Councilmembers_DeLapp,_ Johnson, —Park, Smith D. APPROVAL OF AGENDA E. APPROVED ORDER OF BUSINESS F, GROUND RULES G. APPROVE MINUTES for meeting of September 4, 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 on the consent agenda because they are routine business and are not for discussion. 2. Approve Resolution no. 2007-063 for claims 3. Accepting work for the 2006 Minnesota State Aid (MSA) Resurfacing project; Resolution no. 2007-064 4. Consider approval of the 2006 Minnesota State Aid (MSA) Resurfacing Project and Compensating Change Order no. 1 and Payment Certificate No. 2 (Final) J. REGULAR AGENDA: 5. Consider an ordinance allowing for automatic pool covers as a safety device for private swimming pools 6. Receive information on the Washington County Highway 36 and Lake Elmo Avenue Design Review Committee and determine next steps in process 7. Consider authorizing a contract for evaluating the planning and building department organization and services 8. Receive a report on the 28°i Street repair and drainage meeting K, REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be added to the agenda.) • Mayor and Council Members • Administrator • Finance Monthly Operating Report L. ADJOURN MINUTES APPROVED: October 2, 2007 City of Lake Elmo City Council Meeting Minutes September 18, 2007 Mayor Johnston called the meeting to order at 7 p.m. Everyone joined in the Pledge of Allegiance. Present: Mayor Johnston, Council Members DeLapp (arrived 8:04), Johnson, Park and Smith. Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla, Senior Planner Gozola, City Engineer Griffin, and City Clerk Lumby. Approval of Agenda: Motion: Council Member Johnson moved approval of the September 18, 2007 agenda, as amended with the addition ofwebsite preview and approval of resolutions for three assessment hearings. 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 September 4, 2007 minutes: The September 4, 2007 minutes were accepted by consensus. PUBLIC COMMENTS/INQUIRIES: Gloria Knoblauch provided membership applications for the Oakdale -Lake Elmo Historical Society to anyone who may be interested in joining. CONSENT AGENDA: Motion: Council Member Johnson moved to approve the consent agenda as identified. Council Member Park seconded the motion. The motion passed unanimously. • Approve resolution no. 2007-063 for claims • Accept work for the 2006 Minnesota State Aid (MSA) Resurfacing Project; resolution no. 2007-064 • Approve the 2006 Minnesota State Aid (MSA) Resurfacing Project and Compensating Change Order No. I and Payment Certificate No. 2 (Final) LAKE ELMO CITY COUNCIL MINUTES September 18, 2007 REGULAR AGENDA: Consider an ordinance allowing for automatic pool covers as a safety device for private swimming pools Senior Planner Ben Gozola, reported the City Council is being asked to consider an amendment to the zoning code that would permit automatic pool covers as an alternative to fences for protection from accidental falls into swimming pools. The current City code requires fencing around pools. In July of 2007, the City Council directed staff to study "pool covers" in response to two citizens who requested that pool covers be added as an alternative safety option. The Planning Commission recommended the current ordinance be amended to clarify fencing requirements, but to not allow pool covers as an option at this time. Staff provided three options for council consideration. Jeanne Fleming, 8047 22"d Court N., Torre Pines representative, provided information endorsing pool covers as an addition but not a substitute for a fence. She told the council that at least three agencies including the Minnesota Department of Health, the American Academy of Pediatrics and the US Consumer Protection agency have set out recommendations that pool covers not be used alone as the sole barrier to a pool. John Ames, 9799 5 1 " St. N., who is installing a swimming pool, has a concern about pool safety. He said it is clear from national statistics that fences do not provide assurance of safety. Automatic pool covers are the only system that provides a complete and impassable barrier between children and the water. Layers of protection are appropriate; fence installation, pool cover and proper adult supervision. Ken Kelton, 2760 Imperial Avenue, built a pool in 2006 with a pool cover and has not installed a fence. A pool cover keeps the pool clean with limited heat loss. Because of the location of his pool and his house, he would have to place a three sided fence and it would be impossible to place a four sided fence. Mark Wallace, Highlands Trail, resident with a pool, reviewed pool safety facts and provided ASTM safety pool cover facts. In his opinion a fence is not an effective tool. He said parental supervision is key. Council Member Smith stated that she supported no change in the ordinance because the fence provided a visible barrier to the pool for children and neighbors. Council Member Johnson said she believed that the new technology for pool covers made them an effective alternative to fences and she favored both options. Motion: Council Member Smith moved to take no further action at this time. Mayor Johnston seconded the motion, Mayor Johnston, Council Members DeLapp, Parks, Smith voted for the motion with Council Member Johnson voting against, LAKE ELMO CITY COUNCIL MINUTES September 18, 2007 2 Preview of City Website Carol Kriegler presented the new web site for the Council and reported the website will go live very soon. Some suggestions were made by the Council who were very appreciative of the work to -date. Receive information on the Washington County Highway 36 and Lake Elmo Avenue Design Review Committee and determine next steps in process Administrator Hoyt reported the City Council is being asked to receive information on the Highway 36/Lake Elmo Design Review Committee and process as well as to discuss how to proceed with appointments to this committee. Cory Slagle, Transportation Engineer with Washington County, explained Washington County is organizing this committee with Grant, Lake Elmo and MnDOT with the purpose of the committee to explore options for how to design the future intersection/interchange of IHighway 36 and Lake Elmo Avenue. The process will get underway in November, 2007 through December, 2008. Lake Elmo will have five places on the committee. Councilmember DeLapp questioned Slagle about the proposal to put an overpass over Lake Elmo Avenue because Councilmember DeLapp did not believe Lake Elmo wanted this. Engineer Griffin replied that the County was establishing the Design Review Committee process to consider alternatives. Motion: Mayor Johnston moved to have staffproceed with appointments of three members to serve on the Design Review Committee, which includes Mayor Johnston and Council Member Johnson and come back with a recommendation. Council Member Park seconded the motion. Mayor Johnston and Council Members Johnson and Parks voted in favor of the motion; Council Member Smith and DeLapp voted against. Council Member DeLapp stated his opposition to the motion because he believed that he (DeLapp) would be the most effective council member on the committee given his architectural experience and his experience working with MnDOT in the past. Consider authorizing a contract for evaluating the planning and building department organization and services Administrator Hoyt reported the City Council is being asked to authorize the city administrator to contract for planning and building evaluation services with Dennis Welsch for a not to exceed $5,000. Mr, Welsch will review operations and make helpful recommendation so a new planning director can react to and implement the recommendations. Council Member DeLapp stated he would vote against the motion because the City has staff and a city administrator who are very capable of doing this work without consulting help, LAKE ELMO CITY COUNCIL MINUTES September 18, 2007 Motion: Council Member Johnson moved to authorize the city administrator to enter into a contract for planning and building evaluation services with Dennis Welsch for $115.00 per hour and not to exceed $5, 000. Council Member Park seconded the motion. Mayor Johnston and Council Members Johnson, Park, Smith voted in favor of the motion and Council Member DeLapp voted against. Receive a report on the 28th Street repair and drainage meeting Jack Griffin, City Engineer, reported the City Council is being asked to receive information on the 28th Street meeting dealing with drainage and street condition issues that was held on September 13, 2007 for 28th Street and nearby residents. There was discussion on the Farms of Lake Elmo drainage impacts, 28th street condition after water main installation and the future of 28tb street improvements. Staff recommended that 28th street infrastructure improvements including storm sewer and a paved roadway be incorporated into the five year capital improvement plan that will be developed over the coming months. The estimated cost for these improvements is $140,000. Ordering preparation of proposed assessments and calling for hearingon n proposed assessment for the 2006 Minnesota State Aid (MSA)Overlay Project Jack Griffin, City Engineer, reported the City Council is being asked to approve Resolution No. 2007-065 declaring costs to be assessed, ordering preparation of proposed assessment and calling for the hearing on proposed assessment for the MSA Overlay Project. For this project all properties are RAD, and have a proposed assessment rate of $1,832.00 per buildable lot and there are 14 assessable units on this project. Motion: Council Member Johnson moved to approve Resolution No. 2007-065 declaring costs to be assessed, ordering preparation ofproposed assessment, and callingfor the assessment hearing, for the 2006 MSA Resurfacing Project (45t" Street from Jane Road to Julep Avenue, and 47`h Street from Keats Avenue to Kimbro Avenue), Council Member DeLapp seconded the motion. The motion passed unanimously. Ordering preparation of posed assessments and calling for hearing on proposed assessment for the 2006 Street Repairs for the Tablyn Park Neighborhood Jack Griffin, City Engineer, reported the City Council is being asked to approve Resolution No. 2007-066 declaring the cost to be assessed, ordering preparation of proposed assessments, and calling for hearing on proposed assessments for the 2006 Street Repairs for the Tablyn Park Neighborhood (27th Street N. from Inwood Avenue N. to eastern cul-de-sac, Irish Avenue N, Ironwood frail N. from Inwood Avenue N. to 27 th Street N, 28th Street N. from Irish Avenue N. to Ironwood Trail N. and 27th Street Court N.). For this project, all properties are zoned R-1 (SRD) and have a proposed assessment rate of $1,309.00 per buildable lot. There are 63 assessable units on this project. Extra street costs associated with this water main project were paid by 3M. LAKE ELMO CITY COUNCIL MINUTES September 18, 2007 Motion: Council Member Johnson moved to approve Resolution No. 2007-066 declaring costs to be assessed, ordering preparation of proposed assessment, and calling for the assessment hearing for the 2006 Street Repairs for the Tablyn Park Neighborhood. Council Member DeLapp seconded the motion. The motion passed unanimously. Ordering preparation of proposed assessments and calling for hearing on proposed assessment for the 2006 Overlays Project Jack Griffin, City Engineer, reported the City Council is being asked to approve Resolution No. 2007-067 declaring the cost to be assessed, ordering preparation of proposed assessments, and calling for hearing on proposed assessments for the 2006 Overlays Project. For this project, all properties are zoned R-1 (SRD) and have a proposed assessment rate of $1,309.99 per buildable lot. There are 42 assessable units on this project. Motion: Council Member DeLapp moved to approve Resolution No. 2007-067 declaring costs to be assessed, orderingpreparation ofproposed assessment, and callingfor the assessment hearing for the 2006 Overlays Project (Irvin Court, Irvin Circle, Isle Avenue, Ivy Court, and damaca Court). Council Member Johnson seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS: Mayor and Council Members o Council Member Smith received compliments on the Fire Department 50t' Anniversary celebration. She suggested looking into an annual community event such as Taste of Minnesota to get the City together. She also asked about a recycling bin for fund raising for the fire department. Administrator Hoyt explained that the fire chief has been informed that this proposal did not meet the zoning code. o Council Member DeLapp reported about 90 people attended the September 1 lth meeting at the Lutheran Church on the proposed sewer installation. o Mayor Johnston explained the Metropolitan of municipalities endorsed the electronic enforcement for speed management as part of the organization's legislative proposal. o Mayor Johnston requested a copy of the video recording of September 1 lt" meeting at the Lutheran Church. He was told the committee had to review the request and he is still waiting for a response. LAKE ELMO CITY COUNCIL MINUTES September 18, 2007 Administrator o On October 16 the city engineer will report on engineering information on I-94 to 30`h Street. The City will hold a follow-up public meeting to share the engineering information. o On October 301h, 6 p.m., there will be a special city council work session on financing options for sewer for the City. Finance Director o Explained that building revenues were lower than projected given the weal, housing market. The Mayor adjourned the meeting at 9:53 p.m, Respectfully submitted by Sh on Lumby, City Clerk Resolution No. 2007-063 claims Resolution No. 2007-064 Accept work for 2005 MSA Resurfacing Project Resolution No. 2007-065 Call Hearing on proposed assessment for 2006 MSA Resurfacing Project Resolution No. 2007-066 Call hearing on proposed assessment for 2006 Street Repairs for Tablyn Park Neighborhood Resolution No, 2007-067 Call hearing on proposed assessment for 2006 Overlays LAKE ELMO CITY COUNCIL MINUTES September 18, 2007 6