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HomeMy WebLinkAbout07-02-02 CCMMINUTES APPROVED: JULY 16, 2002 LAKE ELMO CITY COUNCIL MINUTES JULY 2, 2002 1. AGENDA 2. MINUTES: June l 1, 2002 June 18, 2002 3. PUBLIC INQUIRIES/INFORMATIONAL: Huff N Puff Proclamation: Lake Elmo Jaycees Liquor License 4. CONSENT AGENDA: A. Claims B. Partial Payment to T.A. Schifsky for 501h Street Project C. Partial Payment to Tower Asphalt for 15th Street Project D. Change Order for Well House No. 2 E. Finance Director Appointment 5. CITY ENGINEER'S REPORT: A. Clarification of work on Fire Station 6. PLANNING, LAND USE & ZONING: A. Resolution Granting a Conditional Use Permit—EnProperties/Laidlaw Transit B. Update on Metropolitan Council Issues C. Shafer Mining D. Resolution Adopting Water Conservation Plan E. Closing City Hall on July 5th 7. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 5:30 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Engineer Prew, City Planner Dillerud, City Attorney Filla and Administrator Kueffner. 1. AGENDA ADD: 6B. Update on Met Council Issues, 6C. Shafer Mining, 6D. Resolution adopting Water Conservation Plan, 6E. Closing City Hall on July 5th M/S/P Dunn/Siedow - to adopt the July 2, 2002 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: June 11, 2002 M/S/P DeLapp/Dunn — to accept the change requested by Council member Siedow to delete the words "to 1 Oth Street" on page 3, 3Td Paragraph, P sentence. (Motion passed 5-0). M/S/P Siedow/DeLapp - to adopt the June 11, 2002 City Council Workshop Minutes, as amended. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 2, 2002 MINUTES: June 18, 2002 M/S/P Armstrong/Dunn - to adopt the June (Motion passed 5-0). 18, 2002 City Council Minutes, as amended. PUBLIC INOURIES/INFORMATIONAL: A. Huff N Puff Proclamation, Non -Intoxicating Liquor License: Lake Elmo Jaycees MAYOR HUNT PROCLAIMED AUGUST 8,9,10 AND 11, 2002 AS HUFF'N PUFF DAYS AND URGED ALL CITIZENS OF OUR COMMUNITY TO GIVE FULL REGARD TO THE PAST AND CONTINUING SERVICES OF THE LAKE ELMO JAYCEES. Linda Wagner, representing the Lake Elmo Jaycees, requested Council approval of its On -Sale Non -Intoxicating Malt Liquor License for its annual Huff N Puff festival, to waive the fees for the liquor license and ballfield lights. Approval has been received from the Washington County Sheriff. Linda announced that the baseball game against the City will be played on Saturday, August 101n The Council noted how nice the newly installed bleachers looked at Lions Park and thanked the Jaycees for purchasing the new bleachers and thanked the Parks dept. for installation. M/S/P Dunn/Siedow — to proclaim August 8-11, 2002 as Huff N Puff Days, to approve an on -sale non -intoxicating malt liquor license for this annual festival and to waive the fees for the liquor license and for the ballfield lights. (Motion passed 5-0). 4. CONSENT AGENDA: A. Claims M/S/P Dunn/Siedow - to adopt Resolution No. 2002-057, A Resolution approving claim numbers 21890 through 21903 used for the June 27, 2002 payroll and claim numbers 28, 27, 21889 and 21904 though 21945 in the amount of $260,269.52. (Motion passed 5-0). B. Partial Payment to T.A. Schifsky for 50th Street Project In his memo dated June 27, 2002, Tom Prew reports the contractor T.A. Schifsky and Sons, has completed the turf establishment. Tree planting and stormwater gardens should be done within the next month. Prew recommended approval of Partial Payment No. 5 in the amount of $76,982.99 for work completed through June 25, 2002. M/S/P Dunn/Siedow — to adopt Resolution No. 2002-058 approving Partial Payment No. 5 to T. A. Schifsky and Sons, Inc. for 50" Street Construction in the amount of $76,982.99 for work completed through June 25, 2002, as recommended by the City Engineer in his memo dated June 27, 2002. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 2, 2002 C. Partial Payment to Tower Asphalt for 15th Street Project In memo dated June 28, 2002, Tom Prew reports that work is nearly complete on this project. The turnaround needs to be modified slightly to make turning easier for the snow plows. The project is within budget. Prew recommends approval of Partial Payment No. 3 to Tower Asphalt in the amount of $24,285.24. M/S/P Dunn/Siedow — to adopt Resolution No. 2002-059 approving Partial Payment No. 3 to Tower Asphalt for 15th Street Construction in the amount of $24,285.24, as recommended by the City Engineer in his memo dated June 28, 2002. (Motion passed 5- 0). D. Change Order for Well House No. 2 In his memo dated June 27, 2002, Tom Prew reports that a change order is necessary to add/delete items listed from the Well Pump House No. 2 project. The change order will increase the original Contract amount of $447,744.00 by $6,650. The revised Contract amount will be $454,394. Prew recommends approval of Change Order No. 1. M/S/P Dunn/Siedow — to approve Change Order No. 1 for Well Pump House No. 2 in the amount of $6,650.00 for their items listed in Tom Prew's memo dated June 27, 2002. (Motion passed 5-0). E. Finance Director Appointment On June 25, 2002, the Council interviewed three candidates for the Finance Director position. A draft resolution appointing William Omdahl as the City's Finance Director was offered for Council consideration. M/S/P Dunn/Siedow — to adopt Resolution No. 2002-060, A Resolution Appointing William Omdahl as the City's Finance Director. (Motion passed 5-0). 5. CITY ENGINEER'S REPORT: A. Clarification of work on Fire Stations At the June 18c1 meeting, the Council authorized the City Engineer to prepare plans to repair the exterior walls at Fire Station No. 1. In his memo dated June 26, 2002, Prew provided three different options and asked for Council direction as to the method of wall repair desired. M/S/P Dunn/Siedow — to direct the City Engineer to proceed with Method 1 - Replace bricks on front that have spalled off, seal cracks, re -grout blocks where necessary, and paint block wall. Estimated cost $3.00/SF or $10,125. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 2, 2002 6. PLANNING, LAND USE AND ZONING: A. Conditional Use Permit — EN Properties/Laidlaw Transit On June 18, 2002 the Council tabled this application and directed Staff to prepare a Resolution of approval incorporating the Findings and Conditions presented by the Planning Commission recommendation; the City Attorney's recommendations for additional conditions; and, other conditions the Council requested. The City Attorney proved a draft of the modified approval Resolution for consideration by the Council. Evidence of title needs to be submitted for verification by Attorney Filla. Mayor Hunt acknowledged an e-mail from Colleen Lacher, Cimarron, indicating concerns on diesel, anti -freeze, and oil leaks from the 60 buses and support staff vehicles. Mr. MacFeeley, Laidlaw Transit, commented on these concerns that they were regulated by MPCA. Council member Dunn pointed out that Hudson Blvd, is being taken care of by MnDOT, but this frontage road will be turned over to the City and may be an egress/ingress issue for snowplowing. Terry Emerson asked if the dry charge sprinkler can be retrofitted in the shop and storage area and not in the office area. M/S/F DeLapp/Dunn — to direct the Building Official and Fire Chief to come up with a recommendation to the next Council meeting on sprinkling. (Motion Failed 2-3:Hunt, Armstrong, Siedow). M/S/P Siedow/Dunn — to include a clarification that Terry Emerson needs to only install a dry -charged sprinkler system for only the workshop area. (Motion passed 4-1:DeLapp: If these buses were stored in Stillwater or anywhere outside of this site in Lake Elmo, the buildings would be sprinklered.) Terry Emerson asked if Laidlaw could occupy the site before the 10d' street site is cleaned -up and the sprinkler system can be installed because it will take 60 days to bid sprinklers. The 10`h Street clean up of construction buildings, equipment, trailers, materials will be done by July 25U', and the antique equipment will be moved into the pole barn. In the gravel area of the 10`l' Street site, Terry explained he will move the dirt, shape it up and spread topsoil so he can seed it. M/S/P Siedow/Dunn — to allow Laidlaw Transit to move into the 11530 Hudson Blvd. prior to the July 25"' deadline, subject to Mr. Emerson agreeing to pay the City 150% of the clean up cost should he fail to do it himself, and the City hires a contractor to clean the site. (Motion passed 5-0). M/S/P Siedow/Hunt - to adopt Resolution No. 2002-062, repealing the existing Conditional Use Permit of E&H Properties, LLC and E&N Properties, LLC, dated March 6, 2002; and approving a Conditional Use Permit, as amended on July 16`h, for a school bus office/shop/storage area serving Laidlaw Transit as a Non -Agricultural Low Impact LAKE ELMO CITY COUNCIL MINUTES JULY 2, 2002 4 Use on a 70 acre site at 11530 Hudson Blvd. in accordance with site plans and operating documentation staff -dated May 22, 2002. (Motion passed 4-1:DeLapp). B. Update on Metropolitan Council Issues Planner Dillerud, Administrator Kueffner and Attorney Filla updated the Council on their meeting with the Metropolitan Council staff. Planner Dillerud will respond, with Attorney Filla's review, to the 37 page staff report. Confirmation notice will be mailed out for the July 17 Metropolitan Council Bus tour itinerary of the City with lunch scheduled in the Regional Park. The Council agreed that local land use control should be retained by the City of Lake Elmo and not to relinquish that right to the Met Council. M/S/P Dunn/Armstrong — to reaffirm that the City of Lake Elmo not participate in the 10 Million Dollar Concept Lake Elmo Sewer Interceptor plan as proposed by the Metropolitan Council and any additional mentioning of sewering I-94 be removed from their project list. (Motion passed 4-1:Siedow). Council member Dunn added that the existing sewered land on I-94 in Lake Elmo will only be used for Business Park. The City of Lake Elmo doesn't want to negatively impact any of the Regional Systems and realizes that the Met Council has cities with higher needs and priorities. C. Shafer Mining Planner Dillerud reported he inspected both Shafer Mining and Hammes Mining. He asked the Washington County Deputies to provide a list of complaints/tickets involving Shafer Mining. Council member DeLapp asked when the neighborhood meeting will be scheduled. M/S/P DeLapp/Dunn — to hold a workshop with Shafer Mining and the affected neighbors on Monday, July 22id, 5 p.m., before the Planning Commission meeting, and to send the neighbors a note stating the City will receive a report from Plainer Dillerud on the prior mine issues and the recent inspection on August 61h. (Motion passed 5-0). D. Resolution adopting Water Conservation Plan Administrator Kueffner provided a resolution initiating Level 1 of the City's Water Conservation Plan based on restrictions caused by water shortage in the Municipal Code. M/S/P Dunn/Armstrong — to adopt Resolution No. 2002-061 adopting restriction on water usage for the Old Village water system. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES JULY 2, 2002 E. Closing City Hall on July 5th Administrator Kueffner asked if City Hall could be closed on Friday, July 5th to make a 4-day holiday. Karl Horning, Part -Time Building Official, will be on call and the Maintenance Foreman has a cellphone for emergency contact. M/S/P Dunn/Siedow — to permit City Hall to be closed on Friday, July 5th with all employees taking it off as a vacation day. (Motion passed 5-0). Council adjourned meeting at 6:45 p.m. and convened the Executive Session at 7:00 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2002-057 Approve claim numbers 21890-21903 used for the June 27, 2002 payroll and claim numbers 28, 27, 21889 and 21904-21945 in amount of $260,269.52 Resolution No. 2002-058 Approve 2002-058 approving Partial Payment No. 5 to T.A. Schifsky & Sons for 50th Street Construction in amount of $76,982.99 Resolution No. 2002-059 Approve Partial Payment No. 3 to Tower Asphalt for 15th Street Construction in amount of $24,285.24 Resolution No. 2002-060 Appointing William Omdahl as the City's Finance Director Resolution No. 2002-061 Adopting restriction on water usage for the Old Village water system Resolution No. 2002-062 repealing the existing CUP for E&H Properties and E&N Properties and approve a CUP for a school bus office/shop/storage area LAKE ELMO CITY COUNCIL MINUTES JULY 2, 2002 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday July 2, 2002 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615(fax) Ma ry.Kueffn er@la keel m o. org E-Mail Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. ***5:00 p.m. EXECUTIVE SESSION*** Agenda NOTE TIME CHANGE: 5:30 P.M. City Council Meeting Convenes Pledge of Allegiance 1. Agenda 2. Minutes June 11, 2002 June 18, 2002 3. PUBLIC INQUIRIES/ INFORMATIONAL. A. HufflN Puff Proclamation, Lake Elmo Jaycees Liquor License 4.CONSENT AGENDA A. Partial Payment to T.A. Schifsky for 50"' Street Project B. Partial Payment to Tower Asphalt for 15o' Street Project C. Change order for Well House No. 2 D. Finance Director Appointment 5. CITY ENGINEER'S REPORT: Tom Prew A. Clarification of work on Fire Stations 6. PLANNING, LAND USE & ZONING: C. Dillerud A. Resolution Granting a Conditional Use Permit — En Properties/Laidlaw Transit 7. CITY COUNCIL REPORTS: