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)