HomeMy WebLinkAbout03-19-02 CCMMINUTES APPROVED: APRIL 16, 2002
LAKE ELMO CITY COUNCIL MINUTES
MARCH 19, 2002
5:30 p.m. Financial Workshop: Paul Donna
1. AGENDA
2. MINUTES: March 6,2002
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Information: Audit Report
B. Policy for Sale and Use of City Owned Land, Ordinance Amending
Section 700 of the Lake Elmo Municipal Code
4. FINANCE:
A. Claims
5. NEW BUSINESS:
6. CONSENT AGENDA:
7. MAINTENANCE/PARK/FIREBUILDING:
A. Update on Fire Dept. Activities: Fire Chief Malmquist
B. Update on Building Dept. Activities: Jim McNamara
8. CITY ENGINEER'S REPORT:
A. Award Bid for Well House #2
B. Authorize to solicit quotes for Portable Electric Generator for Lift Station
and Well House
9. PLANNING, LAND USE & ZONING:
A. Consultant Contract— Old Village Design
B. City Code Amendment — Exterior Lighting Ordinance
C. Septic System Failure — 9198 31s' St. N.
10. CITY ATTORNEY'S REPORT
11. CITY ADMINISTRATOR'S REPORT
A. Unfinished Business
12. CITY COUNCIL REPORTS
A. Mayor Hunt: Strategic Planning Committee Report
5:30 P.M. FINANCIAL WORKSHOP: Paul Donna
Fire Hall Roofs
M/S/P Armstrong/DeLapp — to transfer project amount of $89,800 from General Fund
reducing fund balance for building projects. (Motion passed 5-0).
Refinancing 1999 GO Temporary Improvement Bonds
Council member Dunn stated the total cost of the project for utility improvements back in
1996 will be more than doubled. Mayor Hunt stated the assumption is that development
didn't happen as fast as necessary to pay off temporary improvement bonds.
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2002
M/S/P Siedow/Dunn — to direct staff to prepare the documentation to refinance the GO
Temporary Improvements Bonds in the amount of $340,000 through the remaining term
of the special assessment, as presented at March 19, 2002 meeting. (Motion passed 5-0).
Water System Improvements
The operating revenue for the water systems has not covered operating expenses and
needs to be corrected. Water rates will be discussed at a different meeting. Council
member Armstrong stated the City at large has never paid for Old Village water. Finance
Director Berg explained the tax abatement, as adopted was to fund Old Village
streetscapes and water improvements. The City cannot raise rates high enough to retire
this debt based on experience. City Engineer Prew explained the comprehensive plan
shows we need more storage in the Old Village for fire protection. Planner Dillerud
added the Council always assumed that bonds would be sold back in 1999. Each year the
City assumed rates would increase by 3% and WAC charges by 3% and did not occur.
Planner Dillerud indicated the Council could consider capping Well No. 3 and delay the
pump house and reservoir improvement and continue to purchase water from Oakdale.
Mayor Hunt asked if we could assess the benefiting property owners. Staff questions the
benefit to property owners. Finance Director Berg stated she could run numbers showing
deletion of the 1 million by capping well no. 3.
Mayor Hunt said Mary could write Oakdale saying the City is looking at options by
requesting a multi year contract for water purchase. Council member Siedow didn't like
going for a multi year contract.
M/S/P Siedow/Dunn -- to consider three options, 1. Continue all water system
improvements 2. Finish drilling well no. 3, cap it, and purchase water from Oakdale or 3.
Look at tying the Lake Elmo and Oakdale systems together with comparison in two
weeks at an April 9 special meeting session. (Motion passed 5-0.)
Street Improvement Projects.
Linders will make payments for the 15`1' Street Special Assessment on June 15 and
October 15. Linders claimed they have been classified Green Acres since 1990's.
Finance Director Berg stated that the City's share of 15t" street, of approximately
$120,000 needs to be paid back to the Infrastructure Reserve fund.
MSA Funding
Finance Director Berg explained the City committed $82,000 of the construction
allocation for 50tt' St. and Eagle Point Blvd for 15 years. If we don't want to bond, with
allocation of this year, we could handle Eagle Point Blvd Phase II in-house. There is
$75,000 for an overlay for Hill Trail. Council member Dunn stated this is another reason
why we should not take back CSAH17. Administrator Kueffner received a 5 year CIP
for the comp plan in the amount of $900,000, and wanted to know what happened in just
a few months. This will be brought back in two weeks. Mary, Public Works Director
and Tom Prew will review and place priorities of what streets can be patched/overlayed.
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2002
Council member Siedow will NOT be at April 2nd meeting, but will be back on April 9�h.
Staff will check on April 9th, 5:30 p.m. for WORKSHOP on financing for water system
improvements and streets.
Adjourn 6:35.
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers.
PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Engineer Prew, City Planner
Dillerud, Finance Director Berg, City Attorney Filla, Fire Chief Malmquist, Building
Official McNamara and Administrator Kueffner,
1. AGENDA
M/S/P Armstrong/Siedow — to approve the March 19, 2002 City Council agenda, as
amended. (Motion passed 5-0.)
2. MINUTES: March 6, 2002
M/S/P DeLapp/Dunn — to approve the March 6, 2002 City Council Minutes, as amended.
(Motion passed 4-1:Abstain Armstrong)
3. PUBLIC INOUIRIES/INFORMATIONAL:
A. Public Information: Audit Report
Steve McDonald, Abdo, Abdo, Eick & Meyers, LLP, presented the Annual Financial
Report for Year ended December 31, 2001.
M/S/P DeLapp/Dunn — to accept the annual report on behalf of the residents of Lake
Elmo, the owners of the town. (Motion passed 5-0.)
B. Policy for Sale an Use of City Owned Land, Ordinances Amending
Section 700 of the Lake Elmo Municipal Code
Administrator Kueffher provided a draft incorporating suggested changes and additions
to the policy. Dan Rude submitted a letter, dated March 19, which is made part of these
minutes, indicating his comments and concerns regarding this proposed policy.
Administrator Kueffner also provided a draft ordinance that would prohibit the City to
allow new construction to serve its septic system needs off -site, on either existing 201
sites or new community sewage treatment system that may occur in the future. There
was an exception allowed for an existing structure to hook up if they were previously
hooked up.
Council member Armstrong would like the City to refrain from the option to allow the
use by easement of City owned land for an off -site drain field, but only use easements
when a communal septic system is necessary. It is not the City's intent to sell land, but
only in emergency situations. Council member DeLapp agreed that the City is not in the
business to sell property.
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2002
M/S/P Dunn/Armstrong — to bring back the 3rd Draft of the policy for sale and use of City
owned land to the April 2nd meeting incorporating thoughts for septic system usage from
this meeting and taken into account Dan Rude's letter. (Motion passed 5-0).
C. Septic System Failure
Planner Dillerud reported the owners of 9198 31't Street No. have been repeatedly
advised by the Building Official that their septic system has not been functioning
properly. A neighboring property owner had reported that the problem of drain field
effluent on the surface of the ground continues even after the March 4th pumping.
The property owner stated Joe Chavez will be installing the system and the cost for a
mound system is $12,000 because it is a very large project. Tom Arcand, neighbor, would
like a timeframe because effluent is running into his yard. Planner Dillerud stated
according to code there is 90 days for a failed notice. If the problem is still there, the
City can call in a pumper.
M/S/P DeLapp/Armstrong - to adopt Resolution No. 2002-017, A Resolution requesting
correction of a public nuisance at 9198 3 1 " Street. (Motion passed 5-0.)
Public Inquiries:
Jean Olinger, Dan Olinger's wife, explained she has a $594.82 dental bill. When Dan
filled out his insurance form in October 2000, he did not add a spouse; therefore, Jean
was not covered. Berg noted she was notified October 2001 about the lack of coverage.
A maintenance form and supporting documentation was forwarded to Delta Dental. The
City's plan allows changes to be retro-active 90 days. Olinger's coverage was backdated
to August 1, 2001. Coverage always starts the first of the month. Kueffner stated we
have nothing to document validating what Jean Olinger said.
M/S/P Dunn/Armstrong - to direct the staff to pay Jean Olinger $407.25 which is
equivalent to 9 months of dental premiums and the Olingers will pay the difference.
(Motion passed 5-0).
Shaefer Mining workshop
Council member DeLapp explained he brought up a motion he made in January to hold a
workshop on Shaefer Mining to listen to resident's concerns with health, safety and
welfare.
M/S/P Armstrong/DeLapp- to invite the residents in the area of Shaefer Mining to a
workshop held on April 9th, 6:30 p.m. to listen to concerns with health, safety and
welfare. (Motion passed 5-0).
Website:
Staff gave an update on the status of the website.
LAKE ELMO CITY COUNCIL MINUTES MARCI 19, 2002 4
4. FINANCE
A. Claims
M/S/P Dunn/Siedow - to adopt Resolution No. 2002-016, approving claim numbers
21330 through 21344 used for the March 7, 2002 payroll and claim numbers 21345
through 21382 in the amount of $69,816.35. (Motion passed 5-0).
5. NEW BUSINESS:
6. CONSENT AGENDA:
7. MAINTENANCE/PARK/FIREBUILDING:
A. Update on Fire Dept. Activities: Fire Chief Malmquist
Captain Brad Winkels presented Jeff Anderson with Firefighter Badge No. 72.
B. Update on Building Dept. Activities: Jim McNamara
Jim McNamara provided a February Summary Building Report showing10 new
residential permits have been issued. Jim indicated according to the contractor, the
Boziak Permit will be picked up on Wednesday. The Dental Clinic will open in Carriage
Station Professional Park. He reported there are close to 100 empty lots in the City. The
erosion control hammer will be coming down as soon as the frost gets out of the ground.
8.CITY ENGINEER'S REPORT:
A. Award Bid for Well House #2
M/S/P DeLapp/Siedow — to adopt Resolution No. 2002-018, awarding the bid for Well
No. 2 Pump House to EnComm Midwest, LLC, the low bidder in the amount of
$447,744.00. (Motion passed 5-0).
B. Authorize to solicit quotes for Portable Electric Generator for Lift Station and
Well House
M/S/P Dunn/Siedow — to authorize the staff to solicit quotes for the portable generator
and for electrical modifications. (Motion passed 5-0)
9. PLANNING, LAND USE & ZONING:
A. Consultant Contract — Old Village Design
Planner Dillerud reported the Council approved the hiring of Thorbeck Architects to
complete the Old Village Neighborhood Design project, subject to approval of a contract
for those services. The contract prepared by Thorbeck has been reviewed and approved,
as to form, by the City Attorney and the Washington County CDBG staff. Council
member Armstrong thought compensation for reimbursement of expenses, (See Page 2
Consultant Fee), was a blank check and should be changed. Armstrong stated she has
been consistently against using these grant funds and did not advocate the City to do this.
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2002
M/S/P DeLapp/Dunn 2002-019 approving a contract, as amended, with Thorbeck
Associates to provide consulting services to prepare an Old Village Neighborhood
Design Study. (Motion passed 4-1:Armstrong)
B. City Code Amendment — Exterior Lighting Ordinance
Planner Dillerud reported the Council directed an amendment to the existing Section
1350 that would acknowledge lighting "hot spots" (illumination of excess of 1 or 3
candle powers). The Draft ordinance provided amends Section 1350 in two locations to
allow "hot spots" in an illumination plan, but only within a 20 foot radius of the light
fixture and within the property lines of the site. Dillerud explained the impact of this
ordinance amendment will be to maintain 1 or 3 candle power maximum illumination
over the vast majority of a commercial site, but permit areas right under the light fixtures
to exceed the 1 or 3 candle power. The alternative would be to see a significant increase
in the number of light fixtures on each site.
M/S/P DeLapp/Siedow — to adopt Ordinance 97-104, An Ordinance amending Section
1350.05 Subdivision 1 and Section 1350.05 Subdivision 2 of the Lake Elmo Municipal
Code relating to illumination. (Motion passed 5-0.)
10. CITY ATTORNEY'S REPORT: NONE
11. CITY ADMINISTRATOR'S REPORT:
A. Unfinished Business
Administrator Kueffner updated the Council on the Unfinished Business list as shown.
Regarding Item #5, City Hall Expansion, Council member DeLapp stated he could work
with staff on a list showing what is needed and check off what is there and bring the list
to the Council at its April 16th meeting.
M/S/P DeLapp/Armstrong — to postpone discussion on Preliminary Plan for City Hall
Addition to the April 16th Council meeting. (Motion passed 5-0).
Planner Dillerud will provide the Planning Commission with the Washington County's
cell tower ordinance.
B.Fire Dept. Request
Administrator Kueffner reported the City just received a resignation from a Fire Dept.
Captain. Fire Chief Malmquist would like the Council to grant him the authority (which
would override the department's existing by-laws) to appoint up to three captains. This
would make these appointments with the input from the two assistant fire chiefs.
M/S/P Dunn/Siedow — to grant Fire Chief Malmquist the authority to recommend
appointments for three captains based on consultations from officers. (Motion passed 5-
0).
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2002 6
C. Ordinance amending Section 150 of the Lake Elmo Municipal Code to
specifically prohibit a Disorderly House as a Home Occupation
Administrator Kueffner provided a proposed amendment with the input from Washington
County Sheriff's Dept. about an on -going problem within the City specifically prohibit a
Disorderly House on a Home Occupation.
M/S/P DeLapp/Siedow — to adopt Ordinance 97-103 amending Section 150 "Home
Occupations" of the Lake Elmo Municipal Code. (Motion passed 5-0).
12. CITY COUNCIL REPORTS:
Mayor Hunt gave a presentation on Strategic Planning goals organized by category and
implementation and organizational issues. The next Strategic Planning Committee
meeting is Monday, April 1, 2002.
Council member DeLapp attended the East Metro Blueprint meeting.
On March 27 the Sensible Land Use Coalition will have a speaker on "If We Don't Like
the Traffic We Have Now, Why Do We Want More?"
Council adjourn the meeting at 8:50 p.m.
Resolution No. 2002-016 Approve claim numbers 21330-21344 for the March 7, 2002
payroll and claim numbers 21345-21382 in the amount of $69,816.35
Resolution No. 2002-017 Request correction of a public nuisance at 9198 3 1 " Street.
Resolution No. 2002-018 Award bid for Well No. 2 Pump House to EnComm Midwest,
LLC in the amount of $447,744
Resolution No. 2002-019 Approve contract with Thorbeck Assoc to provide consulting
services to prepare an Old Village Neighborhood Design Study
Ordinance 97-103 Amend Section 150 "Home Occupations"
Ordinance 97-104 Amending Section 1350.05 Subd 1 and Subd 2 relating to illumination
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2002
Mayor:
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Rosemary Armstrong
Chuck Siedow
Labe Elmo City Council
Tuesday,
March 19, 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.
SSS 5:30 p.m. Financial Workshop: Paul Donna $S$
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
March 6, 2002
3.PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Information: Audit Report
B. Policy for Sale and Use of City Owned
Land, Ordinance Amending Section 700 of the
el
Lake Elmo Municipal Code
4. FINANCE:
A.Claims
5. NEW BUSINESS:
6. CONSENT AGENDA:
A.
7. MAINTENANCE/PARK/FIRE/BUILDING
A. Update on Fire Dept. Activities: Fire Chief
Malmquist
B. Update on Building Dept. Activities: Jim
McNamara
S. CITY ENGINEER'S REPORT:
Tom Prew
A. Award Bid for Well House #2
Authorize to solicit quotes for Portable Electric
Generator for Lift Station and Well House
Lake Elmo City Council Agenda
March 19, 2002
paae 2
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Consultant Contract — Old Village Design
B. City Code Amendment — Exterior Lighting
Ordinance
C. Septic System Failure — 9198 315f Street N.
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Unfinished Business
12.CITY COUNCIL REPORTS:
A. Mayor Hunt: Strategic Planning Committee
Report
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Armstrong
E. Council Member Siedow
Environmental Commission Meeting,
Clean -Up Day,
Board of Review,
March 20, 7 p.m.
May 4, 8 until Noon
May 8, 4-6 p.m.