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HomeMy WebLinkAbout08-15-00 CCMMINUTES APPROVED: September 5, 2000 LAKE ELMO CITY COUNCIL MINUTES August 15, 2000 5:00 p.m. City of Lake Elmo and Oak Park Heights Joint Meeting 1. Lake Elmo snow plow 2. Development Plans 3. Lake Elmo Water System 6:00 Meeting with Auditor 1. Review 1999 Audit Report The Council thanked Mark Gibbs, Tautges, Redpath, for his report and accepted the 1999 Audit Report. 1. AGENDA 2. MINUTES: August 1, 2000 3. CLAIMS: 4. PUBLIC INOUIRIES/INFORMATIONAL: A. Minnegasco Gas Franchise Request B. Request for meeting on Public Facilities Ordinance 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Ski Trail Grooming for City Ski Trails B. Resolution appointing election judges for Primary and General Election C. Resolution designating polling places for Primary and General Election 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Maintenance Activities: Dan Olinger -NOT IN ATTENDANCE B. Update on Park Commission Activities: Mike Bouthilet —NOT IN ATTENDANCE C. Update on Fire Dept. Activities: Greg Malmquist D. Update on Building Dept. Activities: Jim McNamara 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 50`n Street Improvement B. Receive Bids for 50th Street Watermain C. CSAH13/CSAH10 Intersection Design D. Upgrade of Inwood Avenue to TH5 to Stillwater Blvd. 9. PLANNING, LAND USE & ZONING: A. Zoning Ordinance Amendment: Livestock (Horses) B. Wildflower Shores Plat Status Report — DELETED C. Highway Business (HB) Zone Uses D. Amendment to Section 150 of the code —Low Impact AG Uses 10. CITY ATTORNEY'S REPORT: 11. CITY COUNCIL REPORTS: 12. UNFINISHED BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. Air Conditioner in City Hall B. Funding for Washington County Fairgrounds C. Heart of America LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 Mayor Hunt called the Council meeting to order a 7:00 p.m. in the City Council Chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Engineer Prew, Attorney John Miller, City Planner Dillerud, Building Official Jim McNamara, Fire Chief Greg Mamlquist and Administrator Kueffner. 1. AGENDA M/S/P Siedow/Dunn — to approve the August 15, 2000 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: August 1, 2000 M/S/P DeLapp/Armstrong — to approve the August 1, 2000 Council minutes, as amended. (Motion passed 5-0). 3. CLAIMS M/S/P Dunn/Armstrong - to adopt Resolution No. 2000-032 approving the August 15, 2000 Claims Number 17877 through 17963, as presented, in the amount of $38,281.74. (Motion passed 5-0). 4. PUBLIC INQUIRIES/INFORMATIONAL: Captain Johnson, Washington County Sheriff's Dept, reported the Sheriff's department has someone in jail that has been burglarizing homes in the surrounding communities. He encourages residents to call the Sheriff s Dept. if they see something is out of place, to get the license number, and try to be a good witness. Johnson also reported that the accident rate on Highway 36 has not increased, but that they do write citations. A. Minnegasco Gas Franchise Request Arnie Hendrickson, Reliant Energy Minnegasco, requested a franchise to provide natural gas service in Lake Elmo, specifically along the frontage road north of I-94. It is because of the close proximity of their distribution system on the frontage road from County 19 to Inwood that they are requesting a gas franchise to offer gas service to the new commercial developments along that frontage. Development is a ways off in that area and the Council doesn't see a need for granting another franchise at the present time. If development does occur in the area, the council invited Minnegasco to come before the Council then M/S/P Dunn/Armstrong — to decline Minnegasco's request for a franchise agreement in the City. (Motion passed 5-0.) B. Request for meeting on Public Facilities ordinance. On behalf of the local worship centers, Jeff Roos, MFRA, requested a meeting with the Planning Commission and Council to discuss the pending PF ordinance. LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 2 Council member DeLapp explained he and Tom Armstrong will have a draft to the Council soon and could come in a regular council meeting with an update. The City does have a proposed public facility ordinance recommended by the Planning Commission. The Council asked that the staff notify MFRA about the Planning Commission's public hearing that is needed because of changes in the ordinance. This text will be on the next Council agenda for comparison with the ordinance submitted by the Planning Commission. 5. NEW BUSINESS 6. CONSENT AGENDA: A. Ski Trail Grooming for City Ski Trails Washington County is asking Lake Elmo to utilize the services of the County Parks Division for grooming Sunfish Park for cross-country skiing for 2000. M/S/P DeLapp/ Dunn — to approve the 2000 Ski Trail Grooming Contract with Washington County and direct the Mayor and City Administrator to sign said agreement. (Motion passed 5-0). B. Resolution Appointing Election Judges for the Primary Election and General Election M/S/P DeLapp/Dunn — to adopt Resolution No. 2000-033,A Resolution appointing election judges for the Primary Election (September 12) and General Election (November 7). (Motion passed 5-0). C. Resolution designating polling places for the Primary and General Elections M/S/P DeLapp/Dunn — to adopt Resolution No. 2000-034, A Resolution designating polling places for the Primary and General Election. (Motion passed 5-0). 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Maintenance Activities: Dan Olinger —NOT IN ATTENDANCE B. Update on Park Commission Activities: Mike Bouthilet —NOT IN ATTENDANCE C. Update on Fire Dept. Activities: Greg Mamlquist Greg Malmquist gave an update on monthly activities. Three new recruits were introduced: Lauren Potter, Toby Oehler, Raymond Yarusso. M/S/P Dunn/Armstrong — to place the three new Fire Dept. recruits, Lauren Potter, Toby Oehler, Raymond Yarusso, on probation. (Motion passed 5-0.) Four firefighters were promoted from probation status to permanent firefighter status and presented firefighter badges: Mike Handlos, Mike Tremain, Chad Sonmor, and Bernard Sachs. M/S/P Dunn/Armstrong — to congratulate and approve permanent firefighter status for Mike Handles, Mike Tremain, Chad Sonmor and Bernard Sachs, as recommended by the Fire Chief. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 D. Update on Building Dept. Activities: Jim McNamara Jim McNamara submitted the July Summary Building Report. The total building fees collected is $200,968.30. This figure takes in the SAC and WAC charges of $150,000 for Heart of America. Because of the increase in roofing permits due to the roof damage from the recent hailstorm, Jim reminded residents to make sure their roofing contractor is state licensed. Mayor Hunt read letters from Wyn and Myrtle John and from a resident at 8382 Hidden Bay Trail thanking the Maintenance Crew for picking up storms damage. 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 50th street improvement Tom Prew reported 50a' Street would be 22 feet wide and 3 inches thick and paved in two stages. The first layer of asphalt could be installed this year with the second layer added next summer. 50th Street could be paved in its entirety or be paved from the Tana Ridge development, east to Stillwater Blvd. This is the more heavily traveled section of street and would include the Linden Street intersection. It is proposed to finance this project through assessments, the City's State -aid maintenance account and $23,384 in previously paid fees from new developments along the street. Prew has looked at various traffic calming considerations and recommended installing approx. 8 center medians at a cost of $5,00048,000 each with plantings of bushes or shrubs to slow down and move traffic outward in the final design if project is ordered. Mayor Hunt open up the public hearing at 8:05 p.m. in the Council chambers In a letter to the City, Bernard and Jeanne Wilke, 5085 Linden Trail N., requested improvement of 50th Street from Hwy 5 to Lake Elmo Avenue. Dust from the gravel road is a detriment to homes, lawns and foilage blocks away because of construction trucks traveling at high speeds. Because a grading machine does not touch it, the road is quite hazardous if one drives faster than 15 to 20 miles per hour. If the City wishes this rural ambiance to be kept, then the City should bar any development of housing area here. In letter submitted, Margaret Schmidt asked that 50th Street be kept open for through traffic, did not want double cul-de-sac. She asked the Council to look at the good of the entire City and not just the residents along 50th Street. Brett Thompson, 11491 50th Street, bought the Krueger property, and stated that part of his attraction to Lake Elmo was the rural environment. He had no idea the City was considering paving the road. John Whitcomb, Tamarack Farm Assoc., signed on for improvement because the street is in dire need of paving. He would like to see the proposal submitted by the City Engineer implemented this Fall. Speed is an issue that needs to be forever watched. The proposed center medians should help control the speed. Gary VanCleve, Fields of St. Croix, supports paving of 50th Street, is pleased with suggestions of center islands, and suggests a 4 way stop at the entrance of Linden Trail and Tana Ridge. LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 4 Will Zintl, 11255 50 St., favored paving the entire street because of dust and for safety reasons. Jim and Donna Aldridge, 5038 Linden trail, stated they made a substantial investment in their home and are in favor of paving the road. The dust gets into everything and you cannot leave the windows open. Michael Schofler indicated dust is a concern because his family has allergies and would not consider building if the road were not paved. Ken McGilliam, Lot 2, block 4, Tamarck Farm, will be building a home in the spring and would like the entire road to be paved. Jim Hanson, 11250 50th Street, favored paving the entire stretch of the road, most people drive up the middle and don't have enough vision. He likes the idea of traffic calming around intersections, but if you put trees and shrubs might impair vision. Ron Meiser, 5279 Linden Trail, favors paving entire length of road because his family bicycles and this would open the entire area. Wally Nelson, 4582 Lilac Lane, favors entire road paved and gave an example of a friend rolling his truck on a gravel road. Jim and Rebecca Tenpas, 11330 50' St. N., stated they wanted to see at least their portion of the road remain gravel. There is no buffer zone between the new OP developments. Only half of the people like a paved road. This street is a cut through for shopping and to the Stillwater High School and would like some assurance that 50a' St. would not become a feeder street. She did not like the idea of having a curbed center island. What about the culvert issues at the Goetschel property and the safety for farm machinery travelling the road? Mayor Hunt closed the public hearing at 8:20 p.m. Mayor Hunt reported Highway 36 could handle traffic that is forecasted after the bridge and not rely on parallel roads to handle the volume. Council member Siedow favored paving the entire road for the good of the entire community and to do what is necessary to keep traffic slow. Council member Dunn noted that most of the residents in attendance lived on the eastern 60% of 50th Street. We should address existing problem now on dust control. We should be sensitive to the people who don't want the street paved and give it to the people who want it. The City received a minimal amount paid towards this project from the developers. Council member Armstrong agreed the fees paid by the developers, which were set by the City, were minimal. There have been only four people that live along the dirt road that spoke in favor of paving the entire road. She would favor paving the street from the Tana Ridge Development, east to Stillwater LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 $ Blvd because this is the more heavily traveled section of the street. She voiced her concern with center islands creating a traffic hazard for fire trucks and school buses. She asked the City to look at the assessment policy again Council member DeLapp didn't like the idea of building urban areas, but liked the idea of center islands to slow down the traffic and asked that the curbs be removed to make it easier to plow. Mayor Hunt wanted a safe road, not a speedway, and favored paving the entire street as one project. Using the design of landscape center islands recommended by the City Engineer can control speed. M/S/P Siedow/DeLapp - to adopt Resolution No 2000-035, as amended, requesting the City Engineer to bring final plans to include placement of landscape center medians back to the City Council prior to bidding the project, hold an open house for public review prior to presentation to the Council. (Motion passed 3-2:Dunn the 60/40 percentage for pavement would have been appropriate, and in the future a petition for paving may come in from the residents remaining. Armstrong: if the residents want to keep it a rural area, we should go along with it.) D. Receive bids for 50a' Street Watermain Tom Prew reported the apparent low bidder is C.W. Houle, in the amount of $68,733.60 for the 50th Street Watermain Project. The engineer stated that no action is necessary at this time, but once the developer's agreement is signed and the park dedication is paid, we can award the bid. We have until October 10, 2000 to award the bid. M/S/P Siedow/DeLapp - to adopt Resolution 2000-036, A Resolution Accepting Bid from C.W. Houle, Inc. for the Installation of Watermain on 50th Street; conditioned upon final approval of Carriage Station developer's agreement is signed and the park dedication is paid. (Motion passed 5-0.) D. Review CSAH13/CSAH10 Intersection Design The Council reviewed Tom Prew's report on constructing a roundabout at this intersection instead of a signal system. They agreed it was a wonderful alternative and a far better solution and directed staff to forward the report to the County Highway Department. M/S/P DeLapp/Armstrong - to strike recommendation number 3 and direct the City Administrator to convey to Washington County the findings of the City Engineer with a copy of the full packet sent to County Commissioner Bill Pulkrabek and County Administrator Jim Schug. (Motion passed 5-0.) E. Review design of for improvement of CSAH13 between Stillwater Blvd and Highway 5 The Council reviewed the proposed reconstruction of Inwood Avenue between Stillwater Blvd. And TH5. M/S/P Siedow/DeLapp — it is the Council's desire to decline the participation in the project and has concern on water runoff from the project. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 6 9. PLANNING, LAND USE & ZONING: A. Zoning ordinance amendment— Livestock (Horses in particular) Planner Dillerud reported the Planning Commission has reviewed the present Zoning Ordinance provisions regarding the keeping of livestock in residential zones. Significant amendments included are: 1. Reducing the required grazable acres per animal base per animal to 2 acres (from 2 '/2 acres). 2. Reducing the minimum acreage required for horses (only) from 10 acres to 5 acres. 3. Excluding certain parcel features from grazable acreage calculations. (yards, steep slopes and wetlands). M/S/P Dunn/DeLapp - to advise the Planning Commission regarding the proposed Zoning Ordinance amendments regulating to the keeping of livestock (horses) in residential zones. This will be brought back to the Council in about a month. (Motion passed 5-0). B. Wildflower Shores Plat Status Report — DELETED C. Highway Business (HB) zone uses Following the site plan approval of the Cenex facility at Manning and Highway 5, the Council directed staff to return at a later date with analysis of the uses that are permitted or conditional in the Highway Business Zone. Planner Dillerud reported there are three sites carrying the HB zoning classification the Cenex site; Northern Sun Gliders and Lake Elmo Oil. It appeared that this district and these sites were at one time deliberately matched as an accommodation to the existing uses. There are five permitted uses and a catch-all "Other Highway Business Uses Similar Above". Dillerud suggested that HB is no longer a necessary zoning district given its limited application. By adding Motorized Hang Glider sales to the GB list of uses, the City could eliminate a zone and rezone the three HB to GB or whatever the Land Use Plan dictates. M/S/P DeLapp/Dunn - to provide direction to staff and the Planning Commission regarding the (HB) Highway Business zoning district is not needed any more, and could eliminate the HB zone, rezone the three HB to GB and move uses into GB. (Motion passed 5-0). B. Amendment to Section 150 of the code —Low Impact Ag Uses M/S/P Armstrong/Dunn — to adopt Ordinance No. 9759 An Amendment to Section 150, Definitions of Low Impact Ag Uses. (Motion passed 5-0). 10. CITY ATTORNEY'S REPORT — NONE LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 % 11. CITY COUNCIL REPORTS: Mayor Hunt reported that September 23Id, 8-12, is Community Days and the Lake Elmo Bank is looking for people to participate. The letter from Lake Elmo bank will be passed on to Fire Dept. Council member Dunn attended a breakfast hosted for Senator Laidig. Council member Armstrong thanked the staff for chipping away at Old Business agenda items. 12. UNFINISHED BUSINESS: 13. CITY ADMINISTRATOR REPORT: A. Air Conditioner in City Hall M/S/P DeLapp/Siedow - to accept the low bid for replacement of existing unit with an energy efficient unit size for the potential addition to City Hall. (Motion passed 5-0). B.Funding for Washington County Fairgrounds The City was informed that the County Board is considering cutting most, if not all, of the yearly funding provided to this organization. The Council would like to go on record in support of the County's continued funding of this non-profit organization. There would be a profound negative impact on the organizations that use the Fairgrounds. M/S/P DeLapp/Dunn — to direct the Administrator to send a letter to the Washington County Board of Commissioners indicating the City is pleased with how the Fair Board has run in the past, worked well for us with current setup, and barring any compelling reasons from the County, the Council doesn't see any reason to change. (Motion passed 5-0). C. Heart of America A letter was handed out at the meeting from Kirk Whalen, Heart of America, requesting if the City would consider revising the Development Agreement with United Properties that would provide the following two directions. 1. If Lake Elmo becomes the Roadway Authority over Hudson Blvd. East of Inwood Ave., that for a period of 30 years, the full turn movement accesses to Heart of America's site would not be revoked. 2. In any event, Lake Elmo would join with Heart of America in using their best efforts to not revoke HOA's full turn movement access with Hudson Blvd. At the meeting, Attorney John Miller reviewed the Development Agreement for Eagle Point Business Park Lot 1,131ock 1, Heart of America Project and made changes. M/S/P Dunn/Armstrong — to postpone consideration until the Council, City Attorney, and staff has the appropriate review time. The Administrator can communicate to HOA that it is not the Council's intent to try to split the road to limit access, but a full turn would be a better opportunity. (Motion passed 5- 0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 Budget Workshop tentatively set for Thursday night, 5 p.m.. The Council adjourn the Council meeting 9:50 p.m. ------------- Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2000-032 Approving the August 15 Claims Resolution No. 2000-033 Appointing election judges for the Primary and General Election Resolution No. 2000-034 Designating polling places for the Primary and General Election Resolution No. 2000-035 50h' Street Improvement plans as amended Resolution No. 2000-036 Accept bid from C.W. Houle for installation of 501h St. Watermain Ordinance No. 9759 Amendment to Section 150, Low Impact Ag Use Definitions LAKE ELMO CITY COUNCIL MINUTES AUGUST 15, 2000 9 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday August 15, 2000 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615(fax) LakeElmoMK@aol.com E-Mail Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. 5:00 p.m. City of Lake Elmo and Oak Park Heights Joint Meeting 1. Lake Elmo Snow Plow 2. Development Plans 3. Lake Elmo Water System 6:00 p.m. Meeting with Tautges, Redpath 1. Review 1999 Audit Report Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes August 1, 2000 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Minnegasco Gas Franchise Request B. Request for meeting on Public Facilities Ordinance 5. NEW BUSINESS: 6. CONSENT AGENDA A. Ski Trail Grooming for City Ski Trails B. Resolution appointing election judges for the State Primary Election of September 12, 2000 C. Resolution designating polling places for the September 12, 20000 Primary Election 7 Lake Elmo City Council Agenda August 15, 2000 Paee 2 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Maintenance activities: Dan Olinger B. Update on Park Commission activities: Mike Bouthilet C. Update on Fire Dept. Activities: Greg Malmquist D. Update on Building Dept. Activities:Jim McNamara 8. CITY ENGINEER'S REPORT: A. PUBLIC HEARING: 50'" Street Improvement B. Receive Bids for 50'" Street Watermain C. CSAH13/CSAH10 Intersection Design D. Upgrade of Inwood Avenue to TH5 to Stillwater Blvd. 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Zoning Ordinance Amendment:Livestock (Horses) B. Wildflower Shores Plat Status Report C. Highway Business (HB) Zone Uses D. Amendment to Section 150 of the code — Low Impact AG uses 10. CITY ATTORNEY'S REPORT: 11. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow 12. UNFINISHED BUSINESS: 13. CITY ADMINISTRATOR'S REPORT A. Conditioner in City Hall B. Request from Washington County Fairgrounds Board C. LAKE ELMO CITY COUNCIL UNFINISHED BUSINESS A. Trail Maintenance Policy B. Contract for Building Inspections Services (1-5-99) C. Lake E1moDiary:Add toWork Plan D. Upgrade of City Hall E. Street Names (3-8-2000) F. Set up retreat workshop (3-8-2000) G. Open Space Zoning Ordinance Amendments H. Policy on reimbursement for city business calls on personal cell phones (4-4- 2000) I. Fire Dept. By -Law Changes J. Hill Trail N. Improvement (6-6-2000) K. Review uses in various zoning districts; noise, enforcement on mining and signs (6-6-2000) L. Policy on sidewalk maintenance and trash bins in Old Village (6-6-2000) M. Tower Ordinance N. 15a' Street Improvement (6-20-2000) O. Comprehensive Plan Workshop Dates (7-18-2000) P. Proposal for Emergency Situations (7-18-2000) Q. Set meeting with Chair Armstrong, Frost, Council, staff, to discuss City goals (7- 18-2000) R. Set date for Budget Workshops (8-1-2000)