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HomeMy WebLinkAbout07-17-01 CCMMINUTES APPROVED: August 7, 2001 LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 L AGENDA 2. MINUTES: June 19, 2001 3. CLAIMS 4. PUBLIC INQUIRIES/INFORMATIONAL: A. Acknowledge receipt of letter From Tony & Melissa Miller B. Introduction of Terry Berg, New Finance Director 5. NEW BUSINESS 6. CONSENT AGENDA 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Maintenance Dept. Activities: Dan Olinger, Brush Grinding Options B. Maintenance Dept.: Gravel,Kirkwood Avenue, Kimbro Avenue/50 St. C. Update on Fire Dept. Activities: Greg Malmquist 1. Resignation of Jim Bjorkman: Mary Kueffner 2. Badge Presentation to Toby Oehler and Ray Yarusso 3. Fire Department Study Committee D. Update on Building Dept. Activities and Complaints: Jim McNamara 8. CITY ENGINEER'S REPORT: A. Final Payment 501h Street Watermain B. Partial Payment #2 for Well No. 2 C. Resolution Awarding Bid for 50th Street Improvement D. Resolution for Approving Plans for CSAH35 (50`" St.) Improvement 9. PLANNING, LAND USE & ZONING: A. 2000-2020 Comprehensive Plan — Transportation/Utilities/Land Use Text (Surface Water) B. Erosion Control Ordinance Amendment C. Amend City Fee Schedule D. City Code Amendment - Amateur Radio Towers E. Joe Kiesling (MOVED to 11C.) 10. CITY ATTORNEY' S REPORT: 1 LCITY COUNCIL REPORTS: C. Council member Dunn: Joe Kiesling 12.UNFINISHED BUSINESS: 13.CITY ADMINISTRATOR'S REPORT: A. Upgrade of Phone Meter Reading Software B. Verbal Update on meeting with Oak Park Heights and 55t' Street C. Change Variance Public Hearing LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 Acting Mayor Susan Dunn called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt (arrived at 7:20 p.m.), Armstrong, DeLapp, City Planner Dillerud, City Attorney Filla, City Engineer Prew, Maintenance Foreman Dan Olinger, Building Official Jim McNamara, Fire Chief Greg Malmquist and Administrator Kueffner L AGENDA M/S/P DeLapp/Armstrong — to approve the July 17, 2001 City Council agenda, as amended. (Motion passed 4-0.) 2. MINUTES: June 19, 2001 M/S/P Armstrong/DeLapp — to approve the June 19, 2001 City Council Minutes, as amended. (Motion passed 4-0.) 2. CLAIMS M/S/P DeLapp/Armstrong — to adopt Resolution No. 2001-046, claim number 18876 through 18945 in the amount of $176,259.11, which includes claim number 18946 through 18972 for the second quarter Fire Dept. payroll, in the amount of $12,385.78. (Motion passed 4-0.) 3. PUBLIC INOUIRIESANFORMATIONAL• Melissa Miller, 11055 32nd St, stated their neighbors built a berm causing water to flow onto their property, and it cannot leave the property. The City Engineer, Attorney Shoeberg and the Building Official have visited the site. Ms. Miller said they received a letter, dated August 14, 2000, from the City and nothing has happened since that date. The Council directed the Staff, City engineer, City Attorney Shoeberg get together to discuss this issue and return to Council with a report at the next meeting. The Council welcomed the new Finance Director, Terry Berg, who will be replacing Marilyn Banister, who is retiring effective October 1, 2001. 4. NEW BUSINESS: 5. CONSENT AGENDA: 6. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Maintenance Dept. Activities: Dan Olinger LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 2 D. I-94 North Ramps at CSAH13 Mayor Hunt called the meeting to order at 7:00 p.m. in the Council Chambers: PRESENT: Sideow, Dunn, Hunt, Armstrong, Administrator Kueffner, City Engineer Prew, City Planner Dillerud, City Attorney Filla, Finance Director Berg, Fire Chief Malmquist, Maintenance Supervisor Olinger and Building Official Jim McNamara ABSENT: Council member DeLapp L AGENDA M/S/P Dunn/Siedow - to approve the August 21, 2001 City Council agenda, as amended. (Motion passed 4-0.) 2. MINUTES: August 7, 2001 M/S/P Siedow/Armstrong - to approve the August 7, 2001 City Council minutes, as amended. (Motion passed 4-0.) 3. CLAIMS M/S/P Siedow/Dunn - to adopt Resolution No. 2001-059, claim numbers 19027 through 19078 in the amount of $182,051.91. (Motion passed 4-0.) 4. PUBLIC INOUIRIESANFORMATIONAL: NONE 5. NEW BUSINESS: NONE 6. CONSENT AGENDA: NONE 7. MAINTENANCE/PARK/FIREBUILDING: A. Update on Maintenance Dept. Activities: Report from MDH:Dan Olinger The Council received a report from the Minnesota Department of Health (MDH) regarding the Old Village water system following a routine inspection of the community water supply in the Old Village. Based on the comments in the report, Dan Olinger recommended that a study be conducted to determine the adequacy of the stem and the possible need for increased water storage facilities. With the new developments added to the City, Olinger did not know if we could provide the needed water amount and water pressure. Tom Prew explained according to the comprehensive plan there would be water storage requirement study for the Old Village in 2002. LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 2 Dan Olinger reported his concern on emergency power for wells and lift station and asked that the Council direct TKDA to draw up specs for adding generator plugs onto our buildings. In case of a power outage we rent a generator we can plug in the lift stations. M/S/P Dunn/Siedow - to direct the City Engineer to bring a proposal to the Council for an emergency power plan for retrofitting our lift stations and wells. (Motion passed 4-0.) B. Update on Parks Dept. Activities: Mike Bouthilet - POSTPONED to September 4 meeting C. Update on Fire Dept. Activities: Fire Chief: Greg Malmquist Captain Durrow presented Badge #70 to Ray Yarusso. Chief Malmquist gave an update on the Fire Dept. activities. Projects that need to be addressed are burning permit proposals, roof repair at Fire Station on Laverne, and minor leaks on the Fire Station on Jamaca. The lighting project is completed at the main station, but still working on gear washing. HuffN Puff Pancake Breakfast — Firefighter, Jim Bjorkman will be stepping down as the main pancake flipper. The City softball team consisting of Siedow, Hunt, Deziel, Berg, Malmquist and son, gave a good battle, but did not prevail. Mayor Hunt thanked everyone that came. D. Update on Building Dept. Activities: Jim McNamara Building Official Jim McNamara provide a July Summary Building Report indicating 19 New Residential permits. Mr. McNamara reported the Dental Clinic would open sometime in September. Council member Dunn liked the monthly complaint summary listed on the bottom of the Summary Building report. 8. CITY ENGINEER'S REPORT: A. Well No. 2 Partial Payment No 3 Tom Prew reported Keys Well Drilling Co. has been working on this site for about fourteen weeks. Testing and final completion is underway. Prew recommended approval of the Partial Payment No. 3. LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 3 M/S/P Dunn/Armstrong - to approve Partial Payment No. 3 to Keys Well Drilling Co. in the amount of $13,841.50. (Motion passed 4-0.) B. 2001 Seal Coating Final Payment Tom Prew reported the seal coating of the streets is complete and the aggregate has been swept up. The estimated cost for this work was $115,000.00. Prew recommended Final Payment to Allied Blacktop in the amount of $101,108.00. Council member Dunn asked the City Engineer to check if all the aggregate has been swept up. M/S/P Dunn/Siedow - to approve Final Payment to Allied Blacktop for street seal coating in the amount of $101,108.00. (Motion passed 4-0). Jerome Court North Administrator Kueffner reported that Jerome Avenue Court was scheduled for sealcoating this year, at the same time as Jerome Avenue North, and other streets throughout the City. Through an oversight by the City staff, we missed this street and were not able to get the contractor back to do it. Although we are not scheduled to sealcoat in the City next year, we have asked Washington County to include Jerome Avenue Court N. in their 2002 sealcoating program. Letters will be sent to the affected residents notifying them they will be back on the regular seal coat schedule. C. Approve Plans & Specs for Eagle Point Blvd. and No Parking Resolution on Eagle Point Blvd., Tom Prew, reported as part of the development of United Properties, the City would be constructing an MSA street through the parcel. The Developer is replatting the area and is ready to proceed with the street improvements. The City will be constructing for the Developer Eagle Point Boulevard north from Hudson Boulevard approximately 1200 feet, and east from Inwood approximately 800 feet. There will be about 1000 feet of uncompleted roadway between the two temporary cul-de-sacs. The City is performing this work because this is a State Aid route. M/S/P Armstrong/Siedow - to adopt Resolution 2001-062, approving plans and specifications for Eagle Point Boulevard, and authorize the advertisement for bids. (Motion passed 4-0.) LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 4 M/S/P Armstrong/Siedow - to adopt Ordinance 9785, Ordinance approving No Parking for Eagle Point Boulevard from Inwood Avenue to Hudson Boulevard. (Motion passed 4-0). D. Update on 151' St. Tom Prew reported there was a concern with headlights shining into the resident's windows when cars were turning around. Prew provided a location change for the Hammerhead turnaround, which would eliminate this problem. M/S/P Dunn/Siedow - to approve change of location of Hammerhead turnaround at the end of 15 Street, per plan staff dated August 20, 2001 as recommended by the City Engineer. (Motion passed 4-0). 9. PLANNING, LAND USE & ZONING A. Vacation of Drainage Utility Easements - HOA Subdivision On August 14, the Council approved the Final Plat of the HOA Addition, essentially adjusting a property line by 40 feet. The Final Plat included the dedication of the usual drainage and utility easements along the new property lines. The same easements along the old property lines remain until vacated by the City. The old easements are no longer needed for any purpose and the property owner has petitioned to have them vacated. Planner Dillerud recommended approval of the easement vacation as petitioned. Mayor Hunt opened up the public hearing at 7:30 p.m. No one spoke for or against the vacation request. Mayor Hunt closed the public hearing at 7:31 p.m. M/S/P Dunn/Siedow - to adopt Resolution No. 2001-060 vacating drainage and utility easement within Lot 1, Block 1, HOA Addition. (Motion passed 4-0). B. Preliminary Plat, PUD Plan Amendment and Site Plan — United Properties/Deverne II Planner Dillerud reported the applicant, United Properties/Deverne II, requested postponement of this agenda item. LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 5 C. Old Village Area Property Owner's Workshop Planner Dillerud reported that on April 3, 2001, the Council considered the Old Village Design Guidelines. No action was taken by the Council to adopt an ordinance that would make any part of those guidelines mandatory. The Council directed a workshop be conducted to which all Old Village Area property owners would be invited to discuss recommendations for guidelines as seen in the draft ordinance. There was testimony at the public hearing on the Old Village Architectural Standards in January 2001 opposing any types of mandatory standards. Council did not anticipate changing the guidelines. The Council asked that a date be set for a workshop, date depending on when the meeting could be cabled from the Council chambers. The meeting notice should be sent to the entire 300 propertyowners and should also reference the RFP for the Old Village Neighborhood. The notice of the meeting will be in the City newsletter, website and on cable. Mayor Hunt suggested the Planner might want to contact the business owners before the meeting. D. Hiner Development Proposal Planner Dillerud asked the Council to extend the review period of 60 days for the Hiner Development application off of Keats Avenue and I94. M/S/P Arinstrong/Dunn - to extend the review period of 60 days for the Hiner application. (Motion passed 4-0.) Planner Dillerud asked the Council for a workshop to review the revised Hiner Development proposal. M/S/P Dunn/Siedow - to set a workshop for Monday, August 27, 2001 at 6 p.m. to review the revised Hiner application. (Motion passed 4-0.) 10.CITY ATTORNEY'S REPORT: None LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 6 1 LCITY COUNCIL REPORTS: Mayor Hunt had a resident contact him re: someone is farming City parkland, and he will pass the complaint onto the City Administrator. Council member Dunn had a mini -storm on Saturday, which took out the powerlines. Xcel Energy came and cut the lines and disappeared. The City Public Works were called, came out and cut the trees. Dunn suggested emergency procedures be written down for residents. Also, a Fire Dept. Study Committee meeting needs to be scheduled. Council member Dunn asked when will the definition of "equivalent" in the material list be expanded or eliminated from the Municipal code. Planner Dillerud responded the word, "equivalent", would be eliminated by a public hearing. 12.UNFINISHED BUSINESS: 13. FINANCE DIRECTOR'S REPORT: A. Resolution Approving Closure of Fund 305 - Closed Bond Fund Finance Director Berg reported staff has been working on sizing the bond issue for the various water system improvements. Fund 305 - Closed Bond Fund was to be closed December 31, 2000 and the funds transferred to Fund 601 - Watt Fund. The Closed Bond Fund was established pursuant to Resolution 87-36 to be used for small projects and/or to provide supplemental financing for project deficits and/or debt service deficits. The Fund balance is approximately $222,234; those transferred funds will be used toward construction costs of planned water system improvements. M/S/P Armstrong/Siedow - to adopt Resolution 2001-061, approving closure of Fund 305 with funds transferred to Fund 601 for water improvement project costs. (Motion passed 4-0.) B. Set Date for Budget Workshop Finance Director, Terry Berg, asked the Council to set a date for a budget workshop LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 7 M/S/P Siedow/Dunn - to schedule a Budget Workshop from 5:30 — 7 p.m. on Tuesday, September 4, 2001. (Motion passed 4-0.) 14. CITY ADMINISTRATOR'S REPORT A. Assessment Policy Amendment Administrator Kueffner provided an Assessment Policy based on discussion from the August 14 Council workshop. The change made is to assess property on cul-de-sacs when making improvements to the street providing access to the cul-de-sac, even if the cul-de-sac is not in need of the improvement. The Council felt this would resolve the long-standing concerns for fairness in our assessment policy. City Engineer Prew asked if its just the property owners on the bulk of the cul-de-sac would be assessed or the entire cul-de-sac street. The Council approved the assessment policy contingent on the City engineer and attorney addressing assessments on hammerheads, entire cul-de-sacs, and dead end streets. M/S/P Siedow/Armstrong - to amend the City's Assessment Policy, adopted May 21, 1996, to reflect the changes proposed regarding assessments on cul- de-sacs (hammerhead turnarounds, entire cul-de-sacs and dead end streets), subject to the review of the City Engineer and City Attorney addressing assessments on hammerheads and dead end streets. (Motion passed 4-0). B. Street Light Agreement for 151h Street and County Road 13 Administrator Kueffner contacted Washington County about the need for the placement of streetlights on 15t' Street and County Road 13. The County provided an agreement where the County will pay for the installation of the light, and the City will pay on going electric and maintenance costs. The maximum cost to the City will be $1500 annually. Kueffner explained to the County that the City would accept only the "Cut Off Cobra Head" fixture at this intersection, and Don Wisniewski had agreed to this stipulation that fixtures meet City standards. Council member Dunn suggested investigating installing a post with reflective tape. Dunn also noted that it is Washington County that asked to install this street light. LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 8 M/S/P Siedow/Dunn - to approve the Washington County/City of Lake Elmo Street Lighting Agreement for the installation of a Cut -Off Cobra Head light fixture at the intersection of 151h Street and County Road 13. (Motion passed 4-0.) C. City Administrator's Recommendation for Auditing Services Administrator Kueffner reported she had previously provided the Council with information supporting her recommendation for an interim audit and change in auditing firms. M/S/P Armstrong/Siedow - to accept the proposal Interim Audit proposal submitted by Steven R. McDonald, CPA of ABDO, EICK & MEYERS, LLP in his August 17,2 001 memo. (Motion passed 4-0.) M/S/P Siedow/Armstrong - to accept the 2001-Year End Audit proposal submitted by Steven R. McDonald, CPA of ABDO, EICK & MEYERS, LLP in his August 17, 2001 memo. (Motion passed 4-0.) D. I-94 North Ramps at CSAH13 The City received a letter from David Engstrom, MN/DOT approving the installation of all -way stops at intersections under MnDOT's jurisdiction. Administrator Kueffner reported that the bids for signalization at CSAH 13 and 94 were three times higher than anticipated. The Washington County Board took recommendation and rejected all bids and would look at it again next year. A four way stop will be added. Council member Armstrong stated there should be larger stop signs and "stop" painted on the lane because the traffic is horrendous. Mayor Hunt suggested inviting County Commissioner Pulkabek to discuss the City's roundabout proposal on 1 Oth Street. The Council adjourn meeting at 8:15 p.m. Resolution No. 2001-059 Approve Claims 19027-19078 in the amount of $182,051.91 Resolution No. 2001-060 Vacating drainage and utility easement within Lotl, Block 1, HOA Addition Resolution No. 2001-061 Approving closure of Fund 305 with funds transferred to Fund 601 Water Fund LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 9 Resolution No. 2001-062 Approving plans and specs for Eagle Point Blvd and authorize for bids Resolution No. PZ2001-063 Deny variance for Rich Hiner, Watercolors Ordinance No. 9785 approving No Parking for Eagle Point Blvd from Inwood Avenue to Hudson Blvd. LAKE ELMO CITY COUNCIL MINUTES AUGUST 21, 2001 10 Brush Grinding Quotes Dan Olinger, Maintenance Foreman, obtained three quotes to chip the brush pile (most of it from the two storms last year). There is now approximately 8,800 yards to be chipped. Staff recommended that the bid be awarded to Buberl Recycling & Compost for $13,950 with an addition of approximately $1,200 (2001 pickup) for a total of $1,150. The money to pay for this will be taken from the Infrastructure Reserve Fund. The woodchips will be left at Sunfish Park and offered to the public. They will also be used in our parks for trails, etc. Olinger reported that sometime next year, the Xcel Company will be picking up this type of wood byproduct at no cost. M/S/P Armstrong/Siedow — to award the bid for brush chipping to Buberl Recycling and Composting in the amount of $15,150 (plus applicable tax if required); and the funds to pay this expense shall be taken from the Infrastructure Reserve Fund. (Motion passed 4-0.) B. Maintenance Dept. Gravel Kirkwood Avenue: Dan Olinger reported in his memo, dated August 8, 2000, figures for graveling the gravel roads in the City. There is a developer's agreement for Kirkwood Avenue that states the property owners within Jesse's Hideaway will assume all responsibility for reasonable maintenance of the road. This will be the first major improvement to the road. The estimated cost in 2000 to gravel this road is approximately $9,881.28, plus the cost of the County grading and any necessary dust control. Staff supported the recommendation of the Public Works Superintendent to gravel this street, and recommended calling a public hearing to advise the residents of the plan. M/S/P Armstrong/Siedow — to call a Public Hearing for August 21, 2001 to advise the residents of the maintenance improvement plan for Kirkwood Avenue. (Motion passed 4-0.). LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 3 Kimbro Avenue and 50th Street, West of County Road 17: Dan Olinger suggested needed improvements to these two roads, and we should consider future maintenance needs for the unimproved section of 55th Street. The estimated cost to surface Kimbro and 50th Street is approximately $16,746.06 plus the cost of grading and dust control. There is $16,467 set aside in the Infrastructure Reserve Fund for improving gravel roads. Administrator Kueffner suggested an assessment policy be developed for participation in cost for maintenance of these roads. Council member DeLapp pointed out the Assessment policy he had provided for Council review would address this because propertyowners would be charged by use. M/S/P DeLapp/Armstrong — to hold a Council workshop on August 14, 5 p.m., to discuss developing a policy for cost participation in the maintenance of gravel roads. Discussion on 55 ' St. is added to the workshop. (Motion passed 5-0.) C. Fire Department — Resignation of Jim Bjorkman from Fire Department Effective October 1, 2001, Jim Bjorkman will retire after 38 years of service as a Volunteer Fireman. Fire Chief Greg Malmquist reported that August 4 is Firefighter Day at the Washington County Fair. The Fire Department will hold its annual Huff n Puff pancake breakfast on August 10 and 11. Badge Presentation to Toby Oehler and Ray Yarusso Captain Doug Pepin presented Toby Oehler Badge No. 171 after completing FF 1 training and is now a full member of the Lake Elmo Fire Department. Mr. Yarusso was not in attendance. Fire Dept. Study Committee This committee was scheduled to meet on Saturday, July 21, to go over the final draft of the report. Administrator Kueffner will be on vacation and suggested Saturday, August 4`h, but that is Fire Fighter Day. Council members Dunn and Siedow will contact staff with dates they are available for a meeting. LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 4 D. Update on Building Dept. Activities and Complaints: Jim McNamara Jim McNamara reported there were 14 new residential permits issued in June 2001 and provided a June Building report Summary. McNamara explained the dental clinic and the Health Point Clinic addition is built. Wildwood Lodge has come in with a permit application with a completion date end of year. Excavation is being done on the E&H Earthmover Property (Emerson) and a building permit will be issued Wednesday, July 18th. Council member Dunn asked for an update on code violations. Attorney Shoeberg will be at the next meeting to give an update on all of the violations. Council member DeLapp stated the Machine Shed restaurant has come out with garish lighting that can be seen forever. It is not the quiet, subdued lighting required by code. DeLapp, said the Wildwood Inn is coming in so the City has to watch their lighting plan. When the site plan came in for the Machine Shed, they were asked to change design. Per Planner Dillerud, what is there now does not appear to meet the horizontal standard, and staff is following up with this. Administrator Kueffner said she talked to the General Manager of the Machine Shed and invited him to stop in and talk about lights the next time they are in town. There will be an update at the August 7 h Council meeting. When Mayor Hunt asked if the assistant package for the Building Official had been prepared, Planner Dillerud stated no package has been prepared depending resolution on the erosion control issue. Mayor Hunt asked staff to state what they are budgeting for, why, and wants it justified. The Council thanked the staff for getting the letter out on Shafer Mining. S. CITY ENGINEER'S REPORT A. Final Payment 50th Street Watermain As noted in Tom Prew's memo, dated July 12, 2001, C.W. Houle submitted all final paperwork and testing data required for the 50`h Street Watermain. Funds for the project will come from the Water Utility Fund. M/S/P Dunn/DeLapp — to approve Compensating Change Order No. 1 for ($4,518.60). (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 5 M/S/P Siedow/DeLapp — to approve final payment to C.W. Houle for $5,671.25 per recommendation of the City Engineer in his memo dated July 12, 2001. (Motion passed 5-0.) B. Partial Payment #2 for well No. 2 As noted in Tom Prew's memo dated July 12, 2001, Keys Well Drilling has drilled the well, and the contractor is now developing it. Prew recommended Partial Payment No. 2 for $32,860.50. Funds for this expense will come from the Water Utility Fund. M/S/P Armstrong/Siedow — to approve Partial Payment No. 2 in the amount of $32,860.50 payable to Keys Well Drilling for work completed on Well No. 2, based on the recommendation of the City Engineer in his memo dated July 12, 2001. (Motion passed 5-0). C. Resolution awarding bid for 50 Street Improvement Bids were opened for the 50`h Street Improvement and a Resolution awarding the project to the lowest bidder was provided. M/S/P Siedow/Dunn — to adopt Resolution 2001-047 awarding the bid for the 50th Street Improvement to T.A Schifsky & Sons, Inc., in the amount of $710,354.50, based on the recommendation of the City Engineer in his memo dated July 10, 2001. (Motion passed 5-0.) Tom Prew noted the construction work on 50m St. will start the last week of July and completed in 75 working days. The work on 15th Street will start the week of July 23ra D. Resolution for approving Plans for CSAH 35 (50th Street) Improvement Washington County inadvertently proceeded with a minor improvement to CSAH35 (50th Street) without Lake Elmo's approval of the plans. Tom Prew reported he has reviewed the plans. M/S/P Siedow/Dunn — to approve Resolution No. 2001-048, approving the cold inplace recycling/overlay project on a portion of CSAH35 (50' St. N.) (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 6 9. PLANNING/LAND USE & ZONING: A. 2000-2020 Comprehensive Plan transportation Utilities Land Use Text Surface Water Planner Dillerud reported at its June 25, 2001 meeting, the Planning Commission recommended approval of the Land Use Test, Transportation and Utilities elements with the following amendments: 1. The Water Systems Map (Map 7) be amended to include future "looping" of the Old Village and Well Advisory Area systems. 2. The Road Jurisdictions and Traffic County Map (Map 5) be amended to include 15'h Street, West of Inwood, as an MSA street, and, to adjust the location of the traffic count data appearing southeast of Sunfish Lake off of State Highway 5. The remaining element of the Plan in need of update is Parks and Trails, which the Park Commission and staff continue to work on. The Metropolitan Council staff has agreed to begin their review of the Lake Elmo Plan without the Parks and Trails element. The Plan will be submitted to surrounding communities and the Met Council Council member DeLapp noted the comprehensive plan was done exceedingly well by our City planner and thanked him for his efforts. M/S/P DeLapp/Dunn — to adopt Resolution No. 2001-049, A Resolution Adopting the Transportation/Utilities/Land Use Text (Surface Water) Elements of the 2000-2020 Comprehensive Plan, as recommended by the Planning Commission, including recommended amendments, subject to the review of the Metropolitan Council, as required by State Statute. (Motion passed 5- 0) B. Erosion Control Ordinance Amendment On June 19, the Council directed staff to prepare formal amendments to the Erosion Control section of the Code based on the few modifications staff suggested. Planner Dillerud reported, due to the magnitude of the changes to erosion control policy and procedures that these ordinance amendments entail staff has provided notice and copies of the proposed ordinance to the 51 general building contractors of record in the City. The builders were LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 encouraged to look over the proposed ordinance and offer their suggestions. As of this meeting, the City planner only received one phone call. M/S/P Dunn/DeLapp — to adopt Ordinance 9783, amending Section 505 of the City Code regarding Erosion Control. (Motion passed 5-0.) C. Amend City Fee Schedule Staff recommended the following amendment to the City Fee Schedule. l . Rename the present "Street Bond or Deposit During Construction" to "Street Cleaning and Erosion Control Escrow" and increase the amount from $500 to $1,000. 2. Establish a "Street and Erosion Control Re -inspection Fee" of $30/1-1r., Portal to Portal from City Hall with a minimum 1 hour charge. 3. Establish a new "Street Cleaning and Erosion Control Escrow Processing Fee" in an amount equal to 10% of contractor's Invoice to the City. Planner Dillerud explained these escrow/fee proposals will not make the program self-sustaining, but should result in no direct net cost to the City to pursue violations. The City will contract out for cleaning streets. Council member DeLapp stated buildings that don't have sprinklers should be inspected. This could be outsource or make it the job of the Building Inspector. Mayor Hunt responded this is something the Fire Dept Advisory Committee could review. MIS/P Dunn/DeLapp — to adopt Resolution No. 2001-050 amending the 2001 Fee Schedule regarding Street/Cleaning and Erosion Control. (Motion passed 5-0). D. City Code Amendment Amateur Radio Towers The City Planner explained the amendments considered address amateur radio towers, as differentiated from commercial wireless communication towers, which are already regulated by Section 1390. The City Code now reads amateur radio towers are essentially prohibited in excess of 35 feet in height. This is the general residential district structure height maximum. LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 8 Section 1390 is intended to regulate commercial wireless communication towers, not home based amateur radio towers. The City staff can provide a mailing list for all property owners within 350' because the Council did not want to depend on the propertyowner to provide an updated list. The Council did not want the big commercial dishes, but asked staff to specify the size of the dish that can be attached to a structure. The normal height restriction for a television satellite should not be greater than 18" attached to a structure. Council member DeLapp asked if the City is going to allow guide wires. In residential areas we allow them, but don't allow them in Ag areas. Safety is not an issue. The City Attorney will review for legality, and staff will check with Fire Dept. on size of their equipment. Amateur Radio Towers will be drafted into ordinance form and brought back to the Council. M/S/P Dunn/Siedow - to direct the staff to proceed with Council direction and draft an ordinance for Amateur Radio Towers for Council review. (Motion passed 5-0.) E. Joe Kiesling (Council member Dunn asked this item be added under her City Council Reports) 10.CITY ATTORNEY'S REPORT: None 11. CITY COUNCIL REPORTS: Council member Dunn read a notice, which is being mailed, of a Permanent Watering program for residents on City water in the Lake Jane Area, Beaut Crest Development and Wildflower Shores Development. Dunn asked the City Administrator to look at chronological issues on three lakeshore parcels and make comparison of buildings on each parcel. The accusation was made we treated one person different than another person. If not corrected, people think it is fact. This could be presented at the next council meeting and made public. M/S/P DeLapp/Armstrong - to direct the City Administrator to do an analysis on three different variance applications addressed by the Shoreland regulations and to include DNR comments. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 Planner Dillerud cautioned the Council that every case is different. Council member Armstrong asked that the Planning Commission see the results of the search. 13. CITY ADMINISTRATOR'S REPORT: A. Upgrade of Phone Meter Reading Software In his memo dated July 12, 2001, Tom Bouthilet reported the City is experiencing many technical difficulties with the current Phone Read Meter Reading System which has resulted in an extraordinary amount of time and labor in attempting to maintain the current Phone Read System. Tom recommended the City convert over to the Radio Ready System in Three Phases, as stated below, at a cost of $3,800 for the software, handheld and training to convert to the Radio Read. This is the only investment needed to begin Phase I. Phase I - All new construction be installed with the Radio Read System Phase II - Replace all our Manual Read residents with Radio Read Phase III - Convert the remaining residents to Radio Read. M/S/P — to authorize the purchase of the Radio Read System Upgrade Package from Invensys at a cost of $3,800 taken out of the water infrastructure (and sales tax if applicable). Additionally, the staff is directed to install the MSU's in all new construction, and implementation of Phase II and Phase III will be discussed a budget time. (Motion passed 5-0.) B. Verbal Update on meeting with Oak Park Heights Administrator Kueffner reported there is no need for a staff meeting with the staff from OPH. OPH Mayor Beaudette asked for a copy of the development agreement regarding access to 55`h Street. A meeting was set up for Tuesday, July 171h, 4 p.m. on 55th Street, but was cancelled because of a water main break on 315t and Klondike, which tied up the Maintenance Foreman. The meeting to discuss the location of the cul-de-sac on 55th Street will be rescheduled with affected residents notified. C. Variance Public Hearings Administrator Kueffner stated she would like to see a proposal to allow the Council to hold the Public Hearing on variance requests and have the LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 10 Council make the decision.. Mayor Hunt agreed with the -proposal of the Council holding the Public Hearing. Discussion on this item could be added to the workshop agenda. The Council Adjourn meeting at 8:50 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2001-046 Approve Claims 18876-18945 in the amount of $176,259.11 and Claims 18946-18972 Second Quarter File Dept. payroll in the amount of $12,385.78 Resolution No. 2001-047 Award bid for 50th St. Improvement to T.A. Schifsky & Sons Resolution No. 2001-048 Approve cold inplace recycling/overlay on portion of CSAH35 (50" St. N.) Resolution No. 2001-049 Adopting the Transportation/Utilities/Land Use Text (Surface Water) Elements of the 2000-2020 Comprehensive Plan Resolution No. 2001-050 Amending Fees for 2001 Ordinance No. 9783 Section 505.13 Construction Site Erosion Control LAKE ELMO CITY COUNCIL MINUTES JULY 17, 2001 11 Mayor: Lee Hunt Coundimembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday July 17, 2001 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. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes June 19, 2001 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. 5. NEW BUSINESS: 6. CONSENT AGENDA: 7. MAINTENANCE/PARK/FIRE/BUILDING A. Update on Maintenance Dept. Activities: Dan Olinger, Brush Grinding Quotes B. Maintenance Dept.: Gravel C. Update on Fire Dept. Activities: 1.Resignation of Jim Bjorkman 2.Badge Presentation to Toby Oehler and Ray Yarusso D. Update on Building Dept. Activities and Complaints: Jim McNamara 8. CITY ENGINEER'S REPORT: Tom Prew A. Final Payment 50'h Street Watermain B. Partial Payment #2 for Well No. 2 C. Resolution Awarding Bid for 501h Street Improvement D. Resolution for approving Plans for CSAH 35 (50`' St.) Improvement ke Elmo City Council Agenda July 17, 2001 Page 2 9. PLANNING, LAND USE & ZONING: C. Dillerud A. 2000-2020 Comprehensive Plan- Transportation/Utilities/Land Use Text (Surface Water) B. Erosion Control Ordinance Amendment C. Amend City Fee Schedule D. City Code Amendment — Amateur Radio Towers E. Joe Kiesling (Requested by Council member Siedow) 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. Upgrade of Phone Meter Reading Software B. Verbal Update on meeting with Oak Park Heights OPEN HOUSE on Improvement on Huff N Puff Days Hill Trail N. and 50th St., Thursday, August 9-12, 2001 July 19, 6-7 p.m.