Loading...
HomeMy WebLinkAbout02-05-02 CCMCity of Lake Elmo User: administrator Invoice No Description Vendor: ARAMAramark 629-4960768 City Hall Linen/Rug Service Check Total: Vendor: ASPENMIAspen Mills, Inc. 44549 Fire Department Uniforms 44710 Fire Department Uniforms Check Total: Vendor: ATTWIAT&T Wireless Fire Department Check Total: Vendor: AVIAudiovisual Inc. 2011900 Cable Video Equipment Repair 2011910 - Cable Video Equipment Repair Check Total: Vendor: BERGTTerry J.Berg Finance Department Office Supplies Check Total: Vendor: BIFFSBifPs Inc. W150503 Park Department Satellites Check Total: Vendor: BUCKLESMichaelBuckles Use of Personal Vehicle Use of Personal Vehicle Check Total: Vendor: OAKDALECity of Oakdale Water Purchased Check Total: Vendor: CITComputer Integration Tech 33031 Computer Network - Satellite Sites 33299 Computer Network IS02874 Building Permit Software Rewrite Check Total: Vendor: DNRDNR Waters Water Appropriation Fee - 2001 Accounts Payable Computer Check Proof List Amount Payment Date Acct Number Check Sequence: 1 27.42 02/06/2002 101-410-1940-44010 27.42 136.34 02/06/2002 33.84 02/06/2002 170.18 39.48 02/06/2002 39.48 102.00 02/06/2002 206.28 02/06/2002 308.28 122.60 02/06/2002 122.60 50.70 02/06/2002 50.70 72.97 02/06/2002 74.00 02/06/2002 146.97 710.05 02/06/2002 710.05 2,062.50 02/06/2002 562.50 02/06/2002 380.06' 02/06/2002 3,005.00 50.00 02/06/2002 Check Sequence: 2 101420-2220-44170 101420-222044170 Check Sequence: 3 101-420-2220-43210 Check Sequence: 4 101-410-1940-44040 101-410-1940-44040 Check Sequence: 5 101-410-1520-42000 Check Sequence: 6 101-450-5200-44120 Check Sequence: 7 101-450-5200-42120 101-430-3100-42120 Check Sequence: 8 601-494-9400-43820 Check Sequence: 9 410-480-8000-45700 410-480-8000-45700 410-480-8000-45700 Check Sequence: 10 601-494-9400-44300 Printed: 02/05 /02 0: 3 8 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 1 City of Lake Elmo Usenadministrator Invoice No Description Check Total: Vendor: FARMERSFarmers Union Co -Op Oil Dec 2001 Fire Department Fuel Check Total: Vendor: FHREENGFire Engineering Fire Department Subscription - 2 yr Check Total: Vendor: FHREEQUIFire Equipment Specialties 2622 Fire Dept Gloves 2672 Fire Dept Lumbar Pants & Suspenders Check Total: Vendor. FXLFXL, Inc Dec 2001 Balance Due for 2001 Assessing Services Feb 2002 Assessing Services - February Check Total: Vendor: GOPHERGopher State One -Call 1120457 December 2001 Check Total: Vendor. GRTSTILLGreater Stillwater Chamber 498 2002 City Annual Membership Check Total: Vendor: HUMANEHumane Society Companion Animl 4th Qtr 2001 Animal Control - hnpounding Cost Check Total: Vendor: SHOEBEKevin L. Shoeberg, P.A- Dec 2001 Criminal Legal Services - Dec Nov 2001 Criminal Legal Services - Nov Check Total: Vendor: KUPFERSRaleane RKupferschmidt Cable Casting Check Total: Vendor: MALMQGregMalmquist Cellular Telephone for 2000 & 2001 Accounts Payable Computer Check Proof List Amount Payment Date Acct Number 50.00 49.21 02/06/2002 49.21 46.55 02/06/2002 46.55 93.84 02/06/2002 2,625.28 02/06/2002 2,719.12 10,313.00 02/06/2002 1,600.00 02/06/2002 11,913.00 35.65 02/06/2002 35.65 300.00 OV06/2002 300.00 1,427.25 02/06/2002 -1,427.25 2,297.47 02/06/2002 2,667.85 02/06/2002 4,965.32 80.00 02/06/2002 80.00 Check Sequence: 11 101-420-2220-42120 Check Sequence: 12 101-420-2220-44330 Check Sequence:13 101-420-2220-44170 101-420-2220-44170 Check Sequence: 14 101-410-1550-43100 101-410-1550-43100 Check Sequence: 15 101-430-3100-44330 Check Sequence: 16 101410-132044330 Check Sequence: 17 101-420-2700-43150 Check Sequence: 18 101410-1610-43040 101-410-1610-43040 Check Sequence: 19 101-410-1320-44300 Check Sequence: 20 600.00 02/06/2002 101420-2220-43210 Printed: 02/051020:38 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 2 City of Lake Elmo Useradministrator Invoice No Descrintion Feb 2002 Cellular Telephone - February Jan 2002 Cellular Telephone - January Check Total: Vendor: METROCAMetrocall 1754732 Fire Department 1755284 Fire Department Check Total: Vendor: MILLEREXMiller Excavating, Inc. 6988 Grading Roads Check Total: Vendor: MSSAMN Street Superintendents Assn 2002 FY 2002 Membership - Olinger Check Total: Vendor: GENESISNext Genesis Productions Website Design - Retainer Check Total: Vendor: PETERSOPeterson Fram & Bergman Dec 2001 Legal for Development Projects - Dec Dec 2001 Legal for Civil Litigation - Dec Dec 2001 Legal for Public Projects - Dec Dec 2001 Legal for Administration - Dec Check Total Vendor: PETTYCIPetty Cash Appreciation Dinner Office Supplies Check Total: Vendor: PETTYFIRPetty Cash 19740 Fire Department Flowers Check Total: Vendor: PITNEYPitney Bowes 2817997-JA02 Postage Meter 672402 Postage Meter Supplies Check Total: Vendor: RUDDianePrince-Rud Cleaning Supplies Accounts Payable Computer Check Proof List Amount Payment Date Acct Number 25.00 02/06/2002 101-420-222043210 25.00 02f06/2002 101420-2220-43210 650.00 46.15 02/06/2002 24.93 02/06/2002 71.08 425.00 02/06/2002 425.00 25.00 02/06/2002 25.00 2,000.00 02/06/2002 2,000.00 165.46 02/06/2002 44.11 02/06/2002 401.35 02/06/2002 1,852.53 02/06/2002 2,463.45 10.64 02/06/2002 10.64 80.94 02/06/2002 80.94 106.00 02/06/2002 75.30 02/06/2002 181.30 Check Sequence: 21 101-420-2220-43210 101-420-2220-43210 Check Sequence: 22 101-430-3100-44030 Check Sequence: 23 101-430-3100-44330 Check Sequence: 24 101410-132043090 Check Sequence: 25 101-410-1610-43040 101-410-161043040 101410-1610-43040 101-410-1610-43040 Check Sequence: 26 101-410-1320-42000 Check Sequence: 27 101-420-2220-44300 Check Sequence: 28 101-410-1940-44010 101-410-1320-42000 Check Sequence: 29 25.76 02/06/2002 101-410-1940-42110 Printed: 021051020:39 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 3 City of Lake Elmo Accounts Payable Usenadministrator Computer Check Proof List Invoice No Descrintion Amount Payment Date Acct Number Reference Cleaning City Hall 360.00 02/06/2002 101-410-1940-44010 - Cleaning Fire Hall 360.00 02/06/2002 101-420-2220-44010 Check Total: 745.76 Printed: 02/051020:38 Vendor- QUANTUMQuantum Digital Imaging Check Sequence: 30 ACH Enabled: No 25690 Appreciation Dinner Office Supplies 67.68 02/06/2002 101-410-1320-42000 Check Total: 67.68 Vendor: QWESTQwest Check Sequence: 31 ACH Enabled: No Hudson Lift Station 37.28 02/06/2002 602-495-945043210 Check Total: 37.28 Vendor: RIVERVALRiver Valley Catering Check Sequence: 32 ACH Enabled: No 1579 Staff Meeting with Mayor Hunt 36.20 02/06/2002 101-410-1110-44370 Check Total: 36.20 Vendor: SANDCRKSand Creek Group, Inc. Check Sequence: 33 ACH Enabled: No 87317 FY 2002 Employee Assistance Program 750.00 02/06/2002 101-410-1320-44330 Check Total: 750.00 Vendor. STCROIXSt Croix Office Supplies Check Sequence: 34 ACH Enabled: No 057270 City Hall Office Supplies 637.62 02/06/2002 101-410-1320-42000 Check Total: 637.62 Vendor: STILLGAZStillwater Gazette Check Sequence: 35 ACH Enabled: No 00000639 Planning Commission Notice - Hiner 18.36 02/06/2002 101-410-1320-43510 Check Total: 18.36 Vendor: USFILTERUS Filter Distribution Check Sequence: 36 ACH Enabled: No 8044542 Water Meter Supplies 321.34 02/06/2002 601-494-9400-42300 8056327 Water Meter Supplies 23.91 02/06/2002 601-494-9400-42300 8088028 Water Meter Supplies 55.46 02/06/2002 601-494-9400-42300 8104699 Water Meter Supplies 111.82 02/06/2002 601-494-9400-42300 Check Total: 512.53 Vendor: VALCASTValley Casting, Inc. Check Sequence: 37 ACH Enabled: No 128684 Appreciation Dinner Pins 105.00 02/06/2002 101-410-1110-44300 Check Total: 105.00 Vendor: WASCTYWashington County Check Sequence: 38 ACH Enabled: No 28518 FY 2001 Audit Information 35.00 02/06/2002 101-410-1520-44300 Check Total: 35.00 Page 4 City of Lake Elmo Accounts Payable Printed: 02/051020:38 Useradministrator Computer Check Proof List Invoice No Descrintion Vendor: WAS-ISWashington County Govt Center 249 Comprehensive Plan Maps Check Total: Vendor: WINGFTWingfoot Commercial Tire 126-1001051 Fire Truck #3173 Tires 126-1001105 Fire Truck #3175 Tires Check Total: Vendor: WORKWELLWorkwell Occupational Health Fire Department Physicals Check Total: Total for Check Run: Total Number of Checks: Amount Payment Date Acct Number Check Sequence: 39 30.00 02/06/2002 101-410-1910-42030 30.00 Check Sequence: 40 982.84 02/06/2002 101-420-2220-42210 1,741.48 02/06/2002 101-420-2220-42210 2,724.32 194.50 02/06/2002 194.50 37,968.44 41 Check Sequence: 41 101-420-2220-43050 Reference ACH Enabled: No ACH Enabled: No ACH Enabled: No Page 5 MINUTES APPROVED: February 19, 2002 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 1. AGENDA 2. MINUTES: January 15, 2002 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Code Amendment relating to Administrative Fines, Suspension, Revocation for Sale of Liquor to Minors C. Update on Oak Park Heights Meeting 4. FINANCE: A. Claims B. Verbal Update on the Olinger Claim 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Parks Commission Appointment B. Fee Schedule Amendment C. Appointment of Kevin Shoeberg as Prosecuting Attorney for 2002 D. Amendment to Personnel Policy 7. MAINTENANCE/PARIUFIRE/BUILDING: A. Update on Fire Dept, Activities: Fire Chief Greg Malmquist B. Feasibility Study for 20`" Street Trail, Electricity for VFW Park: Bob Schumacher and Mike Bouthilet 8. CITY ENGINEER'S REPORT: A. Carriage Station Escrow Reduction 9. PLANNING, LAND USE & ZONING: A. Minor Sub division/Comp Plan Amendment/Rezoning/Conditional Use Permit: Hiner/MFC Properties B. Request by Dan Rude connect to 201 Septic System C. Eagle Point Business Park — Amendments to Development Agreement D. Consultant Selection— Old Village Design Study E. Pole Buildings Revisited F. Storm Materials Disposal 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Unfinished Business 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Attorney Filla, City Engineer Prew, Finance Director Berg, City Planner Dillerud, Fire Chief Malmquist and Administrator Kueffner. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 1. AGENDA M/S/P Dunn/Armstrong — to approve the February 5, 2002 City Council agenda, as amended. (Motion Passed 5-0). 2. MINUTES: January 15, 2002 Workshop M/S/P Dunn/DeLapp — to approve the January 15, 2002 Workshop minutes, as presented. (Motion passed 5-0). M/S/P Dunn/Armstrong — to approve the January 15, 2002 City Council minutes, as amended. (Motion passed 5-0). 3. PUBLIC INOUIRIESANFORMATIONAL: A. PUBLIC INQUIRIES The Council asked that snowmobile and ATV operators obey the laws and respect people's property. This request will be relayed to the Sheriff's Department. B. Code Amendment relating to Administrative Fines, Suspension, Revocation for Sale of Liquor to Minors Captain Johnson and Sergeant Rick Peterson, Washington County Sheriff s Dept., assisted with questions posed by the Council and license holders. The Dept. provided a manual for Lake Elmo Business that sell beverage alcohol addressing compliance check and penalties for underage access to alcohol. The license holders indicated they agree with the training, but were concerned about the high cost of fines, especially for a first time offense. The Council lowered the fine structure in the ordinance based on the city does not have much of a problem with our license establishments selling alcohol to people under 21 years of age. M/S/P Dunn/DeLapp — to direct the staff to change the ordinance relating to violations from the first violation requiring a warning and not an administrative fine, second violation requiring payment of $200 administrative fine, third violation payment of $400, etc. and deleting "subject" to license in each situation. (Motion passed 5-0). The Fire Dept. had another meeting to attend so the Council amended the agenda by addressing their Update. 7. MAINTENANCE/PARK/FIREBUILDING: A. Update on Fire Dept. Activities: Fire Chief Greg Malmquist Fire Chief Malmquist introduced the newly elected Captains: Cliff Schill, Dick Sachs, Brad Winkels and Doug Pepin. The Council congratulated Fire Fighter Ross Chavez for completing EMT training. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 2 The Fire Dept. will be holding the Capitol Regional Fire Fighters Association Meeting on May 8th, dinner at 7 p.m. at the Fire station. 3. PUBLIC INQUIRES/INFORMATOINAL: C. Update on Oak Park Heights meeting. Mayor Hunt reported the Lake Elmo staff discussed with OPH staff to cooperate in a joint feasibility study of connecting water systems. It was noted there were some OPH council members that didn't want any staff to discuss this item. M/S/P Dunn/Siedow - to direct staff to talk to their staff to see if there is a need for a feasibity study on connecting water system. (Motion passed 5-0.) The Council asked that the Administrator contact OPH and invite them to the Joint training for planning and training seminar on February 16 at City Hall. Planner Dillerud indicated he was already committed to taping the training seminar. 4. FINANCE A. Claims B. Verbal Update on the Olinger Claim: Administrator Kueffner asked that the Claim for storage:Olinger be removed from the claims list in order for staff to put together an agreement addressing length of time, what will be stored, define the storage area, and set a sunset date for contract. M/S/P DeLapp/Dunn — to approve Resolution No. 2002-04, approving Claim Nos. 21124-21144 used for the January 24, 2002 payroll and that Claim Nos. 21145-21186 in the amount of $37,968.44. (This is minus sequence claim number 24 for Olinger storage.) (Motion passed 5-0.) 5.NEW BUSINESS: None 6. CONSENT AGENDA: A. Parks Commission Appointment M/S/P DeLapp/Dunn - to appoint Jenifer E. Kern, 4180 N. Irvin Circle as Second Alternate on the Lake Elmo Parks Commission. (Motion passed 5-0). B. Fee Schedule Amendment M/S/P DeLapp/Dunn - to adopt Resolution No. 2002-05, approving the 2002 Fee Schedule Amendment, as presented. (Motion passed 5-0). C. Appointment of Kevin Shoeberg as Prosecuting Attorney for 2002 The Council received a letter from Kevin Shoeberg outlining his activities as prosecuting attorney for 2001. In this letter there was an update on the Hidden Bay issue. M/S/P DeLapp/Dunn - to appoint Kevin Shoeberg as the City's Prosecuting Attorney for 2002. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 D. Amendment to Personnel Policy The Council discussed amending item number 3. Compensatory time for Non-exempt employees shall be allowed to accrue up to 16 hours. M/S/P Dunn/DeLapp — to postpone action on the amendment to the Personnel Policy until the February 19a' Council meeting. (Motion passed 5-0). 7. MAINTENANCE/PARK/FIREBUILDING: B. Feasibility Study for 20` Street Trail Parks Commission Chair, Bob Schumacher, reported the Parks Commission discussed a trail on 20t' Street between Lake Elmo Avenue and Manning Trail because there is pedestrian traffic that has to travel on very narrow gravel shoulders and are also areas with steep ditches paralleling shoulders. Funding for this study would come out of the Parks Capitol Improvement Fund. Joseph Morris, representing Tartan Park/3M, noted has been an advocate for a trail along this street due to high traffic volumes. It becomes particularly dangerous around sunrise and sunset with the combination of pedestrians and blinding sun. He stated he would work with the city and support the trail. Administrator Kueffner reported this was an issue when the City upgraded 20`h Street, and we should look into the past history before we proceed with a full feasibility report. M/S/P DeLapp/Armstrong — to look in the 20th Street file, first, for history on the proposed trail and then decide whether to proceed with what is required for a full feasibility report including Tartan Park/3M as a participant in anyway possible. (Motion passed 5-0). Electricity for VFW Park Bob Schumacher reported at City expense the outfield fence was reconfigured and a larger 8 foot fence was installed. A warning track was also added along the fence. The Lake Elmo Baseball Association purchased and installed player dugout shelters and the batting cage. The grass infield and bleacher reconfiguration is still being worked out with the Lake Elmo Jaycees Electrical power is required at the park for the batting cage. Excel energy has proposed to put in the electrical service including a utility pole for $1401 and an additional $600 would be needed for an electrical panel, trenching and wiring. A licensed electrician will be needed for an electrical permit. Funding will come from the Parks Capitol Improvement Fund. M/S/P DeLapp/Dunn — to approve the electrical service, including a utility pole for $1400 and an additional $600 for an electrical panel, trenching and wiring for the batting cage at the VFW Park to come from the Parks Capitol Improvement Fund. (Motion passed 5-0). 8. CITY ENGINEER'S REPORT: LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 A. Carriage Station Escrow Reduction City Engineer Tom Prew reported the developer for Carriage Station has completed the majority of the work on this project. The city staff will do a final inspection in the spring. Prew recommended an escrow reduction to the following amount: ITEM Original Cost Remaining Cost Site Grading/Turf Establishment $ 288,300 $ 20,000 Watermain $ 2t8,300 $ 5,000 Storm Sewer $ 149,200 $ 5,000 Streets $ 365,400 $ 10,000 Street Signs $ 1,000 $ Landscaping $ 86,000 $ 25,000 Subtotal $ 1,108,200 $ 65,000 125% Security $ 1,385,250 $ 81,250 2% City Administrative Fee $ 22,164 Paid M/S/P DeLapp/Armstrong — to approve reduction of development security (Letter of Credit #30575-A) for Carriage Station from $277,500 to $81,250, as recommended by the City Engineer by a letter dated January 29, 2002. (Motion passed 5-0.) 9. PLANNING, LAND USE & ZONING: A. Minor Subdivision/Comp Plan Amendment/Rezoning/Conditional Use Permit: Hiner/MFC Properties City Planner Dillerud reported the Planning Commission recommended approval of several concurrent applications that would result in construction of a golf practice facility and several related accessory uses on a site of approximately 40 acres located on the west side of Keats Avenue, 1/8 mile north of I-94. The Commission's recommendation is subject to several conditions regarding elimination of the mini -golf use; limitation on the expansion of the food service and golf pro shop uses; and prohibiting lighting of the golf practice facility. Additional conditions include submission of a complete Section 520 Site Plan and compliance with the City Engineer's recommendations. The Commission directed initiation of a rezoning of the 5 acre remnant parcel (from the Division) from RR to LB, to both bring that parcel into conformance with Land Use Plan (1997 as well as the 2000 Plan) and to render the 5 acre parcel conforming as to area. The Council commented they were happy to rezone a property to Ag zoning, but had concern with the lighting because of the residents already there. Council member DeLapp felt that Met Council didn't have any reason to say this proposed rezoning was inappropriate. M/S/P Armstrong/DeLapp — to approve adding the acreage describing Parcel A and Parcel in the Resolution granting the Minor Subdivision. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 M/S/P Siedow/DeLapp — to adopt Resolution No. 2002-06, as amended, A Resolution granting a Minor Subdivision to MFC Properties 94 L.P. (Motion passed 5-0). M/S/P Siedow/DeLapp — to adopt Resolution No. 2002-07, A Resolution Granting a Comprehensive Plan Amendment Guiding Land Use From RED to RAD to MFC Properties 94, L.P. (Motion passed 5-0). M/S/P Armstrong/DeLapp — to adopt Ordinance No. 97-99, An Ordinance Amending Section 300.07 "Zoning District Map" of the Lake Elmo Municipal Code for MFC Properties 94. L.C. to rezone property from RR to AG based on conformity with the Comprehensive Plan. (Motion passed 5-0). M/S/P Siedow/DeLapp — to adopt Resolution No. 2002-08, A Resolution Granting a Conditional Use Permit for a Golf Practice Facility to Hiner Development. (Motion passed 5-0). B. Request for 201 Sewer System Connection — Dan Rude The City Planner provided a chronology of the communications, assumptions and actions, since mid-2001, of Dan Rude's request to hook up to the 201 system on 32"d Street. The City Planner referenced a February 1, 2002 memo to the City from the City Engineer regarding design capacity of the 201 system on 32"d Street. According to this memo, the drainfield was designed to accommodate 1500 gallons per day or 10 bedrooms, using a soil sizing factor of 2.0. Further review of the soil indicates a factor of 1.27 could have been used, and the actual number of bedrooms that the system is designed to treat is 16. Dan Rude provided comments to the Council and staff regarding his requests to hook up to the 32"d Street 201 system. This document is made part of these minutes by reference. The City Administrator reminded the Council that the 201 Program was a federally funded program to upgrade faulty or failing septic systems in sensitive areas within the City (Such as lakeside properties), and was not intended to replace on -site systems for new construction. The Administrator recommended that any remaining capacity in the 32"d Street 201 be reserved for other lakeshore properties in the general vicinity of the 32"d Street system, as specified in Section 700 of the Lake Elmo Municipal Code. There was a home on 32"d Street that was recently allowed to hookup to the existing 201 system. The new home is set back 75 feet back (away from the lake) from the original home, but by doing that, the property owner eliminated a viable site for an on -site septic system. There is an agreement between the City and the property owner that the original home will be removed before a certificate of occupancy will be given for the new home. Council member Armstrong, who was on the Council at the time the 201 program was instituted, and Council member Dunn agreed the program was never intended to be a city LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 wide convenience, but for lots with existing homes around the lake with faulty septic systems. Council member DeLapp commented that the target audience was not to subsidize new development, but where we might need an incentive to improve an existing situation. Dan Rude asked if the vacant land owned by the City is still available to purchase, as he would want to purchase a lot and add on to his lot to create a 24,000 sq.ft. lot. The staff responded to Mr. Rude that there would not be any sale of city -owned property until a policy for selling city -owned land was developed by the staff, and approved by the Council. M/S/P DeLapp/Dunn — to deny the request by Dan Rude for hookup to the 32" d Street 201 System based on the City Engineer's report dated February 1, 2002, and based on the staff s report dated February 5, 2002. (Motion passed 5-0). The City Administrator will draft a policy for the sale of city -owned property and present it to the City Council for consideration at the March 5th meeting. The City Administrator will also draft a policy for the use of city -owned property for failing septic systems for Council consideration at the March 5d' meeting. C. Eagle Point Business Park — Amendments to Development Agreement City Planner Dillerud reported two issues, as noted in the Request for Council Action Memo, have surfaced that require Council consideration for amendments to the Development Agreement. One issue is to incorporate City payment of Park dedication and Sanitary Sewer assessment (only) on Outlot D. Further, that the street assessment levied on Outlot D be the financial responsibility of the developer; and that there is no amendment to the cost of the bridge improvements and resulting Administrative Fee. Mr. Burkards, United Properties, was sick and asked that the matter be tabled. In his letter dated December 19, 2001, Mr. Burkards asked the City to consider reducing the administrative fee on the two bridges of this project because the box culvert could have been built instead of the arch bridges that have been installed and did not use any additional staff time to review and approve the bridges that we would have for the box culverts. City Engineer Prew responded this is true, but our policy is that we figure our administrative fee by what is designed and built. The Council agreed that the Development Agreement should be as comprehensive as possible and made the following motion. M/S/P Armstrong/Dunn — to approve amendment to the Eagle Point Business Park 2nd Development Agreement to incorporate City payment of Park Dedication and Sanitary LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 Sewer Assessment on Outlot D. Further that the street assessment levied on Outlot D be the financial responsibility of the developer; and that there is no amendment to the cost of the bridge improvements and resulting Administrative Fee. (Motion passed 5-0.) D.Consultant Selection - Old Village Design Study Planner Dillerud reported the Old Village Special Projects Commission conducted interviews of three finalist firms for providing the City consulting services to complete a Neighborhood Design Study of the undeveloped portions of the Old Village. The Commission unanimously adopted a recommendation to engage the firm Thorbeck Architect/Land and Water Design Institute to undertake this project. The Commission also recommends that, given the extensive public participation intended and expected with this project, the City should also make arrangements for a "third party" facilitator. Dillerud stated the CDBG project budget for this element ($40,000) has a sufficient amount available to accommodate this recommendation. Council member DeLapp had forwarded to Planner Dillerud suggestions by Planning Commissioner Julie Bunn for setting up a public process with steps and timeline. M/S/P Dunn/Armstrong — to authorize and direct staff and the City Attorney to prepare a contract with the firm Thorbeck/Land and Water Design Institute for consulting services to prepare an Old Village Design Study for the City, reflecting the firm's proposal to the City, and at a Not -to -Exceed fee of $28,900 with said contract to be presented to the City Council for approval when completed. (Motion passed 4-1:Armstrong — the CDBG money was intended for affordable housing and not for the projects designated by staff.) The Council agreed with a "third party" facilitator, but Council member Siedow wanted to know how much before we spend the money. M/S/P DeLapp/Dunn — to direct staff to investigate for a "third party" facilitator. (Motion passed 5-0.) E.Pole Buildings Revisited On January 2, 2002, the Council directed staff to review the text of Section 505.10, regarding the circumstances/standards under which "pole buildings" are a permitted structure in the City. The section now allows pole buildings only in AG and RR zones. Mr. Kreiglemeier had presented circumstance where his parcel is zoned R-1, but he is surrounded on three sides by parcels zoned AG, many of which have metal accessory structures. The Council directed staff to draft amendatory language to Section 505.10 that addresses Mr. Kreiglemeier's issue. Planner Dillerud reported there are at least two other parcels with identical circumstances (R-1 zoning, with AG on 3 sides). If the circumstances are extended to RR zoned parcels, there are several additional parcels in the same situation. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 Attorney Filla provided an ordinance amending Section 505.10 that adds language that would permit a pole building to be constructed under Mr. Kreiglemeier's circumstances. M/S/P/ Dunn/DeLapp — to adopt Ordinance 97-100, amending Section 505.10 of the City Code to permit "Pole Buildings" in the R-1 zoning district when specified zoning map circumstances exist. (Motion passed 5-0). F. Storm Materials Disposal Planner Dillerud reported on Friday, January 25,the City's stockpiled ground waste wood from storm damage during 2000 and 2001, began to burn as the result of spontaneous combustion caused by the decomposing of the wood materials. The Public Works and Fire Department spread the stockpile for access to the hot spots and contained the combustion. Now the material is de -compacted and spread and covers double the area of the leased site. Four options were proposed. Council member DeLapp suggested the City spread the 3,500 cubic yards on the Berschen site the city owns or possibly on the land next door to the maintenance shop. Mary Kueffner indicated the PCA stated the city cannot go within the fenced in area. This Council commented the city has spent well over $100,000 on storm damage removal, and we should never do this again. M/S/P Armstrong/Siedow - to hire NRG Processing Solutions LLC (a division of Xcel Energy) to move all of the material (burned and unburned) to one of their compost sites near Empire (Dakota County) for a per cubic yard rate of $4.50 ($3.00 tipping and $1.50 trucking). NRG has visited our stockpile and estimates there to be 3,500 cubic yards remaining (burned and unburned). Based on this estimate, the NRG cost would be $15,750, and the City would be rid of the burned materials. (Motion passed 5-0). 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. Unfinished Business An Unfinished Business list was provided and Administrator Kueffner updated the Council. 12. CITY COUNCIL REPORTS: Mayor Hunt and Council members Dunn and DeLapp attended a meeting with MnDOT, on how to feed the Hwy 36 Corridor Plan. Hunt summarized the meeting, with basically, MnDot stated nobody likes our plan, but how can we get it through since we don't have any money. Oakdale said they would like to be involved and will be notified of the next meeting. Council member Dunn stated she received a letter from Steve Ziertman. Dunn had received a call from someone who attended the Reliever Airport meeting where a man from St. Paul is embarrassed by the name of "Lake Elmo Airport" and is getting a LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 9 petition to change the name. She also asked that the staff come back with a review for appropriateness of uses in the Limited Business zoning district. Council member Armstrong commented on how high the Animal Impounding Cost was for the 4th Quarter 2001. Finance Director Berg pointed out the Animal Control costs are down. Council member Siedow and Administrator Kueffner attended the Airport Transportation meeting where it was noted the Committee is against the dike in the downtown St.Paul airport. This airport can only be used 10 months out of the year due to flooding problem. If this dike is not built, the Lake Elmo airport may be accommodating the plane traffic. Council member DeLapp also received a call from Steve Ziertman and provided two figures describing front, back and side yard setbacks. The staff was asked to remove the word "inner" from the definition for Front and Rear Yard that is giving staff problems. The Council Adjourn meeting at 10:30 p.m. Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 2002-04 approving claims Resolution No. 2002-05 approving the 2002 Fee Schedule Amendment Resolution No. 2002-06 Granting a Minor Subdivision to MFC Properties 94 L.P. Resolution No. 2002-07 Granting a Comprehensive Plan Amendment Guiding Land Use from RED to RAD to MFC Properties 94, L.P. Resolution No. 2002-08 Granting a Conditional Use Permit for a Golf Practice Facility to Hiner Development Ordinance No. 97-98 (adopted on 12/18, as amended) Amending the Lake Elmo Municipal Code Section 400.10 Exceptions to Platting Ordinance No. 97-99 Amending Section 300.07 Zoning District MFC Properties 94 L.C. from RR to AG Ordinance No. 97-100 Amending Section 505.10 "Pole Construction Buildings" LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2002 10 Comments Regarding a Connection to the 32nd St. 201 Wastewater System Requested by Daniel B. Rude Introduction The Staff Report describes some of the confusion surrounding my efforts to develop my lot. It presents two reasons for denying my request: there is no additional capacity available for new connections and my lot is outside of the 201 service area. I have explored the possibility of a connection to the 32nd St. 201 System on at least two separate occasions. The first request was based on a recommendation from the City Planner in his letter of July 9, 2001. Several communications with the City Planner and the City Administrator regarding the 201 System provided conflicting information. I didn't pursue that request for a 201 System connection based on the information provided in those communications stating no new connections would be allowed. The idea that there was a 201 System service area was never presented. This request is the result of a January 4, 2002 phone conversation between my attorney and the City Planner. In that conversation, the City Planner again recommended I request a connection to the 32nd St. 201 System. Lot Size In all my communications with City Staff regarding the 201 System, I was led to believe that a lot must be at least 24,000 sq. ft. to be considered "with city sewer" in order to meet the code requirements for development, and that the 201 was considered the equivalent of a city sewer system. If I wanted to connect to the 201, 1 needed a minimum of 24,000 sq, ft, As I indicated to Staff on several occasions, the lot size requirement never made sense. The purpose of the 201 System is to provide the means to manage wastewater for certain lots which are not large enough to provide safe onsite septic systems. There is no reference to lot size in the portion of Section 700 of the Lake Elmo Municipal Code provided to me by Staff. The 24,000 sq. ft. requirement mentioned in Section 300 of the Code speaks mainly to the issue of housing density, not to directly wastewater management. The Staff Report presented this evening seems to agree with my earlier suggestion that there is no direct relationship between lot size and a 201 connection, Page 1 System Capacity In a phone conversation in July, 2001, with City's Consulting Engineer, I was told that of the 100% available capacity of a 201 system (measured in gallons per minute,) 75% can be used to meet the needs of the homes connected to the system and the remaining 25% should be held in reserve. According to all of the information provided by Staff dating back to July, 2001, the 32nd St. 201 System is at 50% capacity, but it has no additional capacity for new connections resulting from new construction. The information provided in Section 700.04.2.B.2 states that a new connection will be permitted for new construction "if capacity is available over what is needed to accommodate all of the existing structures," It makes no reference to reserving capicity for remodeling or additions to those existing structures. On October 16, 2001, the City approved a new connection to this system for a newly constructed home with 2 bedrooms. Service Area The term service area is new to this discussion. It appears to be based on assumptions made by Staff and on the maps and diagrams presented here tonight. I have found no references to a 201 System service area in Section 700 of the Municipal Code. If a policy regarding service area exists, Staff would have been able to advise me in July, 2001, that my lot was not included in that service area. City Policy Regarding 201 Systems On September 25, 2001, I requested copies of all documents pertaining to 201 Systems in the City, and on November 6, 2001, my attorney requested the City's written policy regarding a new connection to the 201 connection. We hoped that an effective written policy would clearly define the circumstances under which a new connection would be permitted. We were directed to Section 700.04.2.B.2 which doesn't clearly address this matter. Conclusion The written and verbal information provided by Staff in this matter has often been ambiguous, misleading, and contradictory. I believe Staff is using my request to make policy and in the process deny my request. In addition, the City appears to be reserving capacity in the 32nd St. 201 System for selected homeowners without the benefit of an effective written policy. In the past, the City has accommodated other residents in unique situations. I believe this is a unique situation. I am seeking a similar accommodation by asking you to set aside the recommendation before you and approve my request. If, after thoughtful consideration, you choose to deny this request, I am asking you to direct City Staff to provide, in a timely manner, concise and accurate information necessary to meet my goal to develop my lot. Page 2 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday February 5, 2002 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) Mary.Kueffner@lakeelmo. 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 January 15, 2002 3.PUBLIC INQUIRIESANFORMATIONAL: A. Public Inquiries \' B. Code Amendment relating to Administrative Fines, Suspension, Revocation for Sale of Liquor to Minors 4. FINANCE: A.Claims B. Verbal on Olinger Claim 5. NEW BUSINESS: 6. CONSENT AGENDA: A.Parks Commission Appointment B. Fee Schedule Amendment C. Appointment of Kevin Shoeberg as Prosecuting Attorney for 2002 D. Amendment to Personnel Policy 7. MAINTENANCE/PARK/FIRE/BUILDING A. Update on Fire Dept. Activities: Fire Chief Greg Malmquist Feasibility Study for 20`h Street Trail, Electricity for VFW Park: Bob Schumacher and Mike Bouthilet Lake Elmo City Council Agenda February 5, 2002 pA4P 7 8. CITY ENGINEER'S REPORT: Tom Prew A. Carriage Station Escrow Reduction 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Minor Subdivision/Comp Plan Amend ment/Rezoning/Conditional Use Permit: Hiner/WC Properties B. Request by Dan Rude connect to 201 Septic System C. Eagle Point Business Park — Amendments to Development Agreement D. Consultant Selection - Old Village Design Study E. Pole Buildings Revisited F. Storm Materials Disposal 10. CITY ATTORNEY'S REPORT: It. CITY ADMINISTRATOR'S REPORT: A. Unfinished Business B. 12.CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow Volunteer Recognition Party, Planning Training February 8, 2002, 6 p.m. Social Seminar, Saturday, Hour, 7 p.m. Dinner, Machine February 16, 9- Shed Restaurant 1:30p.m., City Hall UNFINISHED BUSINESS: 1. Hill Trail N. Overlay — Tom Prew 2. Fire Dept. Study Committee 3. Recommendation for code enforcement and Fire Dept. inspection issues (8-14-01) 4. Increase street assessment rates -inflation (9-11-01) 5. Preliminary Plan for City Hall Addition (9-11-01) 6. Review Tower cell ordinance and compare with Wash. County new ord. (10-2-01) 7. Draft policy for city identification sign/placement (10-16-01) 8. Storm Water Utility (11-7-01) 9. Sidewalks along Lake Elmo Avenue, Status of CSAH17 tumback from IOth St. to Hwy 5. (11-7-01) 1 O.Amend Charitable Gambling Ord. 11.Fire Suppression Ord — Input from business owners on Lock Boxes (11-7-01) 12.Look into ease of bus turnaround at hammerheads located at 50`h and 551h Street — Tom Prew 13.Policy on Personal Use of vehicles — MAC (11-7-01) 14.Goetschel flooding problem — Prew and Kueffner 15.Exterior Lighting Ord. — Dillerud and DeLapp (11-20-01) 16.Busch's Alley survey (10-16-01) 17.Extend cross country skiing hours in Sunfish Park — Parks Commission (11-20-01) 18.Contracts: Northwest for zoning code update (11-7-01), ACO (8-7-01) 19.Strategic Planning responses- S alverda and Cinncinatis (9-18-01) 20.Revisit Hunting Ord (11-7-01) 21.Status of signal light at Hwy 36 and CSAH17, Crosswalk on Lake Elmo Avenue — (12/4/01) 22.Schedule Meeting for: (1-2-02) Joint meeting with City of Woodbury with Met Council rep facilitate to assist in achieving mutual compatible comp plans (11-7-01) Staff/Attorney Shoeberg update on complaints Shafer Mining reps/affected property owners 23.Amend Accessory Structures with not requiring approval by adjacent property owners. (1-2-02) 24.Set standards and procedures for selling city land (1-2-02) 25.Map showing city owned parcels — Dillerud (1-2-02) C��- �-�z��l� -au-��a