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Home My WebLink About09-04-07 CCMCity of Lake Elmo 3800 Laverne Avenue North September 4, 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 21, 2007 H. PUBLIC COMMENTS/INQUIRIES: 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. 2007-059 for claims J. REGULAR AGENDA: 3. Recognition of fire department explorer group first place at State Fair competition 4. Presentation on and request to consider funding for the Lucy Winton Ball Fields 5. Request for a lakeshore and side yard setback variances to allow construction of a second addition for Paul Meneke at 8838 Lake Jane Trail; Resolution no. 2007-060 6. Request by Todd Williams to attend the review agency meetings on the Village Alternative Urban Area Wide (AUAR) Process Consider adopting the proposed 2008 General Fund Budget and Property Tax Levy 8. Consider scheduling the Truth n' Taxation Hearing Dates 9. Request to prepare and distribute request for qualifications for transportation planning 10. Consider a process for establishing a fee for future development to cover the costs of the Village AUAR environmental study K. REPORTS AND ANNOUNCEMENTS; (These are verbal updates and do not have to be added to the agenda.) • Mayor and Council members • Administrator - Village AUAR meeting on 8/24/07 - City Council AUAR workshop — 9/12/07 at 6 PM • City Clerk - 834 School Board Primary Election on September 11 — no council workshop L. ADJOURN Lake Elmo City CounciG filleetarrg WELCOME lrau wish to address the oitY council, please fill ire the city clerk or the city administrator. the fcrrcrx and 9ie9e it to Y011 maY address the city a� concil for up to .fie mayor will calf inutes.upon you �siigr� it is time desigr�time for you to speak, the �tedspeak, �l or public cOmments on each agenda itern. Name )l D < v7 i --�. � — Address r What item and topic (if ) four - taplc is nod a numbered on the agenda, it will be Cjeard at th beginning of the, meeting -under- public c0mmea4 and i nuiriesI. Approval of the August 21, 2007 minutes. The August 21, 2007 minutes were accepted as corrected by consensus. PUBLIC COMMENTS/INQUIRIES: Susan Dunn, 11018 Upper 33`d St., asked that the Village expenditures to date of $361,476.82 be added to her comments in the August 21, 2007 minutes. 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. 2007-059 for claims REGULAR AGENDA: Recognition of fire department explorer group first place at State Fair competition Fire Chief Greg Malmquist asked the City Council to recognize, Explorer Captain Sarah Gilder, Explorer Jack Winkels, Explorer Jessica Elliott Explorer Tom Gangnon, Advisor Noah Malmquist and Advisor Bob Sherman for first place at the Minnesota State Fair LAKE ELMO CITY COUNCIL MINUTES September 4, 2007 competition. Also the Fire Department softball team took second place in the Woodbury softball tournament. The Council congratulated the Fire Department Explorers on their first place showing at the Minnesota State Fair in the firefighting skills competition. Request for a lakeshore and side yard setback variances to allow construction of a second addition for Paul Mencke at 8838 Lake Jane Trail. Resolution no 2007-060 Senior Planner Ben Gozola reported Paul Mencke, 8838 Lake Jane Trail, wants variances to allow him to construct a second story addition on his existing home. The proposed addition needs the following two variances: 1. A 29-foot variance form the required 100' lakeshore setback from Lake Jane and 2. A 0.1-foot variance from the required 10-foot side yard setback from the western property line. Planner Gozola said that the staff and the planning commission recommended approval of the variance because in their determination it met hardship criteria. It is a legally nonconforming structure that predates current zoning regulations, and the current property owner did not create the nonconformities. The work must conform to all City, watershed and DNR regulations. Motion: Council Member DeLapp moved to approve Resolution no. 2007-060 approving lakeshore and side yard setback variances to allow construction of a second story addition on a legally nonconforming home for Paul Mencke at 8838 Lake Jane Trail, Mayor Johnston seconded the motion. The motion passed unanimously, Request by Todd Williams to attend the review agency meetings on the Village Alternative Urban Area Wide (AUAR,) Process Administrator Hoyt reported the City Council is being asked to consider permitting Todd Williams to attend the agency review meetings that are part of the Village AUAR process and are not public meetings, There are 15 schedule public meetings with this topic. The agency meetings are not public meetings but are designed to provide representatives from many state and local agencies an opportunity to receive information and ask questions about the AUAR Todd Williams reported that he is very interested in following the Village plans including the environmental review process and that his presence as an observer at these meetings would not be detrimental to the business discussed or to the Village AUAR process. Mayor Johnston stated Mr. Williams didn't make the argument that there would be a public benefit. Council Member Johnson stated that she counted 18 public opportunities to receive the information for all interested residents and citizens and that it would not be appropriate LAKE ELMO CITY COUNCIL MINUTES September 4, 2007 for the City to allow only one resident to be given special exception and allowed to attend a non public meeting. Council Members Smith and Park expressed their general concurrence with this reasoning. Council Member DeLapp commented that Todd Williams is an informed and long time committed volunteer, whose services should be used wherever possible. Council Member DeLapp said other interested citizens could apply for the opportunity to be permitted to attend these non public meetings. For the purposes of discussion, Council Member DeLapp made a motion. Motion: Council Member DeLapp moved to deny Todd Williams to attend and to observe the three agency meetings that are not public but are part of the Village AUAR process. Mayor Johnston seconded the motion. Mayor Johnston and Council Members Johnson, Parks and Smith voted in favor and Council Member DeLapp voted against. Consider adoption of the proposed 2008 General Fund Budget and Property Tax Levy Finance Director Tom Bouthilet presented the General Fund Budget and asked the City Couucil to adopt the proposed 2008 budget and 2007 levy payable in 2008 in the amount of a total tax levy of $2,598,000. Motion: Council Member Johnson moved to adopt Resolution no. 2007-061 approving the 2007 Tax Levy of $2, 598, 000 collectible in 2008 and the 2008 proposed budget as presented. Council Member Park seconded the motion. The motion passed unanimously. Consider scheduling the Truth n'Taxation Hearing Dates Finance Director Tom Bouthilet reported the City Council is being asked to adopt a resolution approving the Truth n'Taxation public hearing dates for the 2007 tax levy (payable in 2009) and the 2009 General Fund Budget. Motion: Council Member DeLapp moved to adopt Resolution no. 2007-062 setting the Truth n' Taxation public hearing date(s) for the 2007 Tax Levy on December 3'd at 7: 00 p.m. and a continuation hearing date on December 101h at 5: 30 p. m. if necessary. Council Member Smith seconded the motion. The motion passed unanimously. Request to prepare and distribute request for qualifications for transportation planning Administrator Hoyt reported the City Council is being asked to authorize the city administrator to issue a Request for Qualifications (RFQ) to five engineering firms for the preparation of the City comprehensive transportation plan. The cost of the study is anticipated to be between $20,000 and $40,000 depending on the citizen information/input element and the detailed work plan that emerges from the RFQ. LAKE ELMO CITY COUNCIL MINUTES September 4, 2007 3 City Engineer Jack Griffin gave two reasons why this is a critical activity for the City to undertake. First, and foremost, it will continue to help the City to have the information that it needs to do local transportation planning and to provide input to the county and state on transportation issues like Highway 36 access; and, second, the transportation plan is required as part of the City's 2008 comprehensive plan update. Council Member DeLapp asked why TKDA is not on the list for the RFQ. City Engineer Jack Griffin explained that as city engineer, he would be managing the project. Administrator Hoyt explained that TKDA as the city engineer has a significant number of City projects including the water plan, the sewer plan, the wellhead protection plan and the development review responsibilities. The transportation plan with its significant information gathering and public input process will be a major work project. Council Member DeLapp said he would vote against the motion because TKDA is not on the list of firms being asked to provide an RFQ and he trusts TKDA because it has been the city engineer for so many years. Motion: Council Member Johnson moved to authorize the city administrator and city engineer to prepare and distribute a request for qualifications (RFQ) fora transportation plan to the followingftrms: SRF Consulting, SEH, WSB Bonestroo, and ZAN Associates. Council Member Park seconded the motion. Mayor Johnston and Council Members Johnson, Park and Smith voted in favor and Council Member DeLapp voted against. Consider a process for establishing a fee for future development to cover the cost of the Village AUAR environmental study Administrator Hoyt reported on the process for developing a fee for the Village Alternative Urban Area wide Review Process to recover the costs for this environmental review. The new fee will be charged to properties in the Village as the developers submit proposals and will be adjusted to capture inflation. Motion: Council Member Johnson moved to direct staff to begin the process of crafting the proposed fee and associated ordinance. Council Member DeLapp seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS: o Mayor is working with Jennifer Pelletier, who is spearheading a school zone around Lake Elmo Elementary School, to have a public meeting on the school safety issues. o Council Member Johnson encouraged residents to support the Fire Department Fiftieth Anniversary celebration. LAKE ELMO CITY COUNCIL MINUTES September 4, 2007 o Council Member DeLapp attended the MN State Fair and visited the 96th Annual Fine Arts Exhibit in which Bob Meyer; Lake Elmo Regional Art Center Executive Director oversees. o Administrator Hoyt reported that: The second AUAR Advisory panel meeting was televised. Current conditions on the Village AUAR meeting on 8/24/07. These current conditions will be brought to the City Council AUAR workshop — 9/12/07 at 6 pm Washington County is spearheading an LCMR grant application to study certain aspects of PFCS and that Lake Elmo is on the grant as a non funding partner. Reminded residents that City water is clean and drinkable. The Dept of Health works with any property owners with wells that may have contamination to make them safe for drinking. o City Clerk Lumby reported that there will be an 834 School Board Primary Election on September 11 and the council workshop would be on September 12, 2007, The Mayor adjourned the meeting at 8:50 pm Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2007-059 claims Resolution No. 2007-060 approve variances for Paul Mencke, 8838 Lake Jane Trail Resolution No. 2007-061 approve 2007 Tax Levy of $2,598,000 collectible in 2008 and the 2008 proposed budget as presented. Resolution No. 2007-062 Truth n'Taxation public hearing date or the 2007 Tax Levy on December 3 LAKE ELMO CITY COUNCIL MINUTES September 4, 2007