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10-16-07 CCM
MINUTES APPROVED: November 5, 2007 City of Lake Elmo City Council Meeting Minutes October 16, 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, 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 October 16, 2007 agenda as amended with equipment modification purchase of hydraulic rear buffer brace added to the consent agenda. Council Member Park seconded the motion. The motion passed unanimously. Motion: Council Member DeLapp moved that the Final Plat of Whistling Valley 3.d Addition is moved up under the Consent Agenda. Mayor Johnston seconded the motion. Mayor Johnston and Council Members Park, DeLapp voted for the motion with Council Member Johnson and Smith voting against because the Council should follow the adopted policy for agenda items. Mayor Johnston reviewed the City Council adopted ground rules and order of business. APPROVE MINUTES: October 2, 2007 Mayor Johnston and Council Member Smith asked that their statements which were outlined in the issues provided by Todd Williams, People Preserving Lake Elmo, be removed because they were inaccurate. Approval of the amended October 2, 2007 minutes was accepted by consensus. PUBLIC COMMENTS/INQUIRIES: Allie Raven, 9399 Lake Jane Trail, expressed concern about the removal of the `No Sewer' yard signs on Lake Elmo Avenue. Ms. Raven was informed that Washington County Public Works removed these signs because they were in the County right-of-way, Ms. Raven said the proposed Village redevelopment plan is a very large and r comprehensive, but required more resident input. Todd Williams, 3025 Lake Elmo Avenue N., asked if the 15 issues listed in his October 2nd presentation be included as an attachment to the October 2"d Council minutes. He LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2007 would be in favor of eliminating the verbiage before the listed issues and agreed to the deletion of Issue #3. Motion: Mayor Johnston moved to reconsider the motion for approving the October 2"d Council minutes. Council Member DeLapp seconded the motion. The motion passed unanimously, Council Member Johnson and Smith preferred that a copy of the slide presentation of October 2nd be brought back to the Council at the next meeting to be reviewed. Motion: Mayor Johnston moved to add the power point slide presentation as presented by Todd Williams' in place of the issues attachment. Council Member DeLapp seconded the motion. Mayor Johnston and Council Members DeLapp and Park voted for the motion with Council Member Johnson and Smith voting against. Final Plat — Whistling Valley 3rd Addition: Resolution no. 2007-080 Ben Gozola, Senior Planner reported the City Council is being asked to approve the final plat for Whistling Valley 3rd Addition with the following two conditions: 1. Adherence to all plan modification requested by TKDA in their final plat review memo dated October 10, 2007 and 2. Addresses for the individual construction sites shall be posted at each driveway entrance. Motion: Council Member Johnson moved to adopt Resolution no. 2007-080 approving a final plat and developers agreement for an Open Space Preservation development called Whistling Valley 3rd Addition located north of 10`h Street and west of the existing Whistling Valley I development. Council member DeLapp seconded the motion. The motion passed unanimously. CONSENT AGENDA: Motion: Council Member Johnson moved to approve the consent agenda as amended. Council Member DeLapp seconded the motion. The motion passed unanimously. Approve Resolution no. 2007-076 claims in the amount of $320,450.29 • 2006 Overlays a. Approve Change Order No. 1 increasing the contract in the amount of $14,345.79 to the revised contract amount of $222,488.79 b. Approve Final Payment No. 2 in the amount of $39,209.42 and Compensating Change Order No. 1 for Contact A decreasing the contract amount by $15,021.38 to a total contract amount of $207,467.41 c. Accept work for the 2006 Overlays Project; Resolution no. 2007-077 Tablyn Park/Lake Elmo Heights Plumbing Contracts A and B a. Approve Final Payment No. 6 for $5,013.84 an Compensating Change Order No. 1 for Contract A decreasing the contract amount by $26,033.50 to a total contract amount of $501,376.50 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2007 2 b. Approve Final Payment No. 7 for $5,693.12 and Compensating Change Order No. 1 for Contract B decreasing the contract amount by $20,140.00 to a total contract amount of $534,860.00 c. Accept work for Contracts A and B; Resolution no. 2007-079 © Equipment Modification purchase of Hydraulic Rear Buffer Brace for the 2006 Dump Truck in the amount of $3,988.00 plus tax PUBLIC HEARING: Unpaid Utilities; Resolution No. 2007-078 Tom Bouthilet, Finance Director, reported the City Council is being asked to consider the proposed assessment for unpaid utilities. Homeowners will have until November 16, 2007 to pay the balance without additional fees. Payment received after November 16, 2007 will be subject to interest charge or a fee of $25 whichever is greater. Mayor Johnston opened up the public hearing at 7:45 p.m. There was no one to speak for or against the agenda item. Mayor Johnston closed the public hearing at 7:46 p.m. Motion: Council Member Johnson moved to adopt Resolution no. 2007-078 authorizing certification to Washington County Auditor for unpaid utility bills. Council Member Park seconded the motion. The motion passed unanimously. REGULAR AGENDA: Receive engineering information on I-94-30th Street Infrastructure Pro'ect and consider directing the design of the trunk sanitary sewer Council Member Johnson removed herself from the item because she said there may be a perceived conflict of interest since she owned property on the proposed gravity sewer section along Lake Elmo Avenue. She said she did not want this to interfere with the City Council's work on this. Jack Griffin, City Engineer, presented the engineering related data on the infrastructure project between Interstate 94 and Reid Park, north of 30th street which will extend sanitary sewer service to the Old Village. The presentation did not address financing, environmental or land use planning consideration related to the Village. The staff recommended that the City Council authorize the City Engineer to design the I-94 to 30th Street infrastructure project as a force main trunk sewer and not follow the original plan of desiving it for force main with gravity sewer along Lake Elmo Avenue between 20th and 30t' Streets. The force main can meet the goal of connecting the interceptor at I-94 to the Village at 30th Street. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2007 Gail Olson, 2525 Lake Elmo Avenue, asked if there was an environmental concern with the project and how many septic systems need to fail before they can connect to sewer. She asked about the timeframe to present options and housing for the Village. Allie Raven, 9399 Lake Jane Trail N. asked if there is an environmental impact on the lake. Todd Williams, 3025 Lake Elmo Avenue N., said the City Engineer had not fully addressed the cost difference between Lake Elmo Avenue and the Manning Avenue alignment. The consensus of the Council was to direct staff to continue with the design of I-94 to 30`h Street Infrastructure project with the force main only option to provide trunk sanitary sewer to the Village. Consider planning a public open house to cover engineering, financial and environmental topics related to the Village. Susan Hoyt, City Administrator, reported the City Council is being asked to consider directing the staff to proceed with plans for a public open house on the Village that would provide information on the engineering, financial and environmental (AUAR) topics related to the Village. The timing of the open house would need to be after the financial workshop that are to be scheduled in November and designed to provide opportunities for members of the public to learn about the information that has been gathered by the Council. Motion: Council Member Johnson moved to direct staff to proceed with a public open house to cover engineering, financial and environmental topics related to the Village. Council Member Park seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS: • Mayor and Council Members In his opinion, Council Member DeLapp stated the draft comprehensive trail plan is still a draft with errors and was not voted on by the City Council. • Administrator There will be a council workshop on November 13`h to interview the 14 applicants for the Highway 36/Lake Elmo Avenue Transportation Design and Review Committee. Mayor Johnston adjourned the meeting at 9:28 p.m. Respectfully submi ted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2007 Resolution No. 2007-076 Claims Resolution No. 2007-077 Accept work for the 2006 Overlays Project Resolution No. 2007-078 Authorizing certification to Washington County Auditor for unpaid utility bills Resolution No. 2007-079 Accept work for Contracts A and B Resolution No. 2007-080 Approve Final Plat and developer's agreement for Whistling Valley 3`d Addition LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2007