HomeMy WebLinkAbout03-18-03 CCMMayor:
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Dean Johnston
Chuck Siedow
Lake Elmo
Tuesday
City Council 3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
March 18, 2003
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.
5:30 p.m. CLOSED MEETING: Discussion with Attorney on Decision by
the Metropolitan Council
6:00 p.m. CLOSED MEETING:Update by Minnesota Cities' Attorney
representing the City in the Abby Grenfell Litigation
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
March 4, 2003
3. PUBLIC INOU RIES/INFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the
A.
agenda. In addressing the Council, please state your name and
address for the record, and a brief summary of the specific item
being addressed to the Council. To allow adequate time for
each person wishing to address the Council, we ask that
individuals limit their comments to three (3) minutes. Written
documents may be distributed to the Council prior to the
meeting or as bench copies, to allow a more timely presentation.
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to
be routine by the City Council and will be enacted by one
A.
motion under a Consent Calendar format. There will be no
separate discussion of these items unless a Council member so
requests, in which event, the item will be removed from the
general order of business and considered separately in its normal
sequence on the agenda.
5. FINANCE
Tom Bouthilet
A. Resolution 2003-018 Approving claims
6. NEW BUSINESS
Lake Elmo City Council Agenda
March 18, 2003
P. o I
7. MAINTENANCE/PARK/FIREBUH.DING:
A. Update On Fire Dept. Activities: Chief
Malmquist
B. Update on Building Dept. Activities: Jim
McNamara
C. Maintenance Advisory Recommendations
—Radios/Pagers
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Resolution No. 2003-019 Partial Payment #9
for Well Pump house No. 2 to EnComm
Midwest, LLC
B. Resolution No. 2003-020 Final Payment to
Keys Well Drilling for Well No. 3
C. Resolution Nos. 2003-021 through 2003-025
New State Aid Routes
D. Street Light Policy
9. PLANNING. LAND USE & ZONING:
C. Dillerud
A. Shoreland Zoning Variance - Kostelnik
B. Final Plat for Lake Elmo Business Park:
Reco Real Estate
10. CITY ATTORNEY'S REPORT:
Kevin Shoeberg
A. Update on Junk Houses:Attorney
Shoeberg
11. CITY ADMINISTRATOR'S REPORT:
C.Dillerud
A. Resolution No. 2003-026 Water Fund
Rate Recommendations
B.
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Johnston
E. Council Member Siedow
APPRUVED: MARCH 18, 2003
LAKE ELMO CITY COUNCIL MINUTES
MARCH 4, 2003
1. AGENDA
2. MINUTES: February 18, 2003
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Traffic Control — Highlands Trail/Hytrail
4. CONSENT AGENDA:
A. Park Dental — Site Plan Security Release
B. Human Rights Commission Dues
C. Site Plan Security Reduction — Carriage Station
5. FINANCE
A. Resolution 2003-014 Approving Claims
6. NEW BUSINESS:
7. MAINTENANCE/PARIUFIRE/BUILDING:
A. Tot Lot & Trail Site Plan — Carriage Station
B. Update Trail Plan
C. Field Lights at VFW Park
8. CITY ENGINEER'S REPORT:
A. Contract to prepare NPDES Permit and Surface Water Management Plan
B. Water System Analysis and Mapping Contract
C. Contract for Well Head Protection Plan
D. 2003 Seal Coating and Crack Sealing Program
E. Speed Limit Reduction to 25 MPH in certain neighborhoods
F. Lake Jane Landfill — Verbal Update
9. PLANNING, LAND USE & ZONING:
A. Shoreland Zoning Variance — Kostelnik, 8098 Hill Trail N.
10. CITY ATTORNEY'S REPORT
A. Update on Junk Houses: Memo from Attorney Shoeberg
B. Discussion on date of Mark Kueffner's paid leave expires
C. Date of Input of Madden Assoc
I I. CITY ADMINISTRATOR'S REPORT:
A. South Washington/Valley Branch WSD Boundaries Modification
B. Snowmobile/ATV Ordinance Amendments
C. Water Rates
D. Request for Closed Meeting, March 18, 6 p.m., with League of MN Cities
Attorney
E. Washington County concurrence in initiating MnDOT speed study
CSAH17, Highway 10 to Highway 5
F. Village Commission Recommendation amending contract with Thorbeck
for modification of maps
12. CITY COUNCIL REPORTS:
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003
APPI ✓ED: MARCH 18, 2003
Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers.
PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Tom Prew, City
Attorney Filla and Acting Administrator Dillerud.
1. AGENDA
M/S/P Dunn/DeLapp — to approve the March 4, 2003 City Council agenda, as amended.
(Motion passed 5-0.)
2. MINUTES: February 18, 2003
M/S/P DeLapp/Dunn — to approve the February 18, 2003 City Council Minutes, as
amended. (Motion passed 3-0-2:Abstain-Siedow, DeLapp).
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries: None
B. Traffic Control — Highlands Trail/Hyyail
Gene and Laurie Warner, 5640 Highlands Trail submitted a petition requesting a stop
sign be placed at the northwest corner of Highlands Trail North and Hytrail. They voiced
concerns on the increased travel associated with growth in the area and the activity at the
city park. They stated there has been an increased use of Highlands Trail as a main artery
from Highway 36 to other areas of Tri-Lakes. The posted speed limit is 30 MPH, but it is
ignored. The Warners' pointed out they have two deaf children who are elevated to a
higher risk as a result of this busy street. The Acting Public Works Superintendent
advised the staff that the alternative precautionary signs have been ordered from the
City's sign vendor.
Mayor Hunt asked about an island in the center and for the staff to look at the geometry
of the corner. Council member DeLapp suggested protected parking on the side by the
park. Johnston stated the stop sign we can do right away. Warner stated the snow
buildup or tall grass also cuts you off so the visibility is not good there.
M/S/P Hunt/Dunn - to support the stop sign at the northwest corner of Highlands Trail
North and Hytrail, look at the geometry at the corner and reconfiguration of the road by
the park to control the speed. (Motion passed 4-0:Council member DeLapp stepped out
at the time of the vote).
Mayor Hunt left the meeting at 7:25 p,m.
4. CONSENT AGENDA:
A. Park Dental — Site Plan Security Release
The site plan for Park Dental at 8980 Hudson Blvd. was approved in 2001. The Planner
reported that construction of the new facility is completed with landscape in place prior to
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003 2
APPROVED: MARCH 18, 2003
the end of the 2000 growing season. Staff recommended that the bond guaranteeing
landscape survival for two growing seasons now be released.
M/S/P Siedow/Dunn — to authorize release of the $21,592 Bond (#400JR1512) securing
the Site Plan completion and landscape survival for Park Dental, 8980 Hudson Blvd.,
(Motion passed 4-0.)
B. Human Rights Commission Dues
Carol Banister, Human Rights Commission Chair, asked that the City renew their
membership dues in the amount of $55.00.
M/S/P Siedow/Dunn — to approve the payment of the $55.00 membership dues to the
League of Minnesota Human Rights Commission. (Motion passed 4-0).
C. Site Plan Security Reduction — Carriage Station
Marquess Development requested reducing the Site Plan security provided the City for
the common improvements (landscape, grading and parking) on the Carriage Station
Office complex. The City Planner noted that the developer has submitted $36,828 in
Paid invoices to substantiate completed work. Mike Bouthilet inspected the site and
reported that landscaping, sod, and other landscape features referred tointhe invoices
appear to be installed and thriving. He could not determine whether the irrigation was in
place due to snow cover. Staff recommended that the development security for the
Carriage Station Site Plan be reduced from $75,000 (125% of the $60,000) to $29,000
(125% of $23,400 Site Plan work remaining to be completed and inspected).
M/S/P Siedow/Dunn — to approve reduction of the Site Plan Security for Carriage Station
Office Park from $75,000 to $29,000. (Motion passed 4-0).
Council member Dunn voiced her concern on pond capacity. Planner Dillerud noted that
the outlet is set correctly, elevation is approved, but the sign is set too low.
5. FINANCE
A. Resolution 2003-014 Approving Claims
M/S/P Dunn/Siedow - to adopt Resolution No. 2003-014, A Resolution approving claim
numbers 133, 134, 23194 through 23311, that were used for staff payroll dated February
20, 2003 Claim number 23312 through 23362 were used for Accounts Payable in the
total amount of $275,326.66 (Motion passed 4-0).
6. NEW BUSINESS:
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003
APPROVED: MARCH 18, 2003
7. MAINTENANCE'/PARK/FIREBUILDING:
A. Tot Lot & Trail Site Plan — Carriage Station
Residents in Carriage Station have contacted staff with a request for a tot lot type
playground/park to serve the area. The nearest park serving this development is in Tana
Ridge and considered too far for small children to travel. Staff and Parks Commission
determined that the HOA outlet site located near the entrance to the development would
be the most suitable. It was also proposed that a trail be established between this park
site and the 50ffi Street trail and, thereby, Tana Ridge Park. The Parks Commission
recommended a site plan be prepared and noted that the 2003 Capital Improvement
Program did not reflect this project for years 2003-2007. The Planner noted that it does
not appear that the City Council actually adopted the 2003-2007 CIP.
Based on the this Park Commission recommendation, the City Planner requested the City
Engineer provide a proposal to complete the design of these improvements. The
estimated cost of this design work, including bidding and construction inspection, is
$15,000. The expenditure and all resulting construction costs would be funded from
Fund 404 (Parks Capital Reserve). The fund balance in that account stands at slightly
over $400,000.
Council member Siedow asked if this is setting a precedent for other developments in the
future. Planner Dillerud responded they would have to have a similar density and
relationship to a neighborhood park that this development provides.
M/S/P Dunn/DeLapp — to authorize TKDA to prepare a site plan, cost estimates to
construct a tot lot in the Carriage Station neighborhood and a trail extension from the tot
lot to 50th Street N. in accordance with the proposal dated January 20, 2003. Funding to
be from the Park Capital Account (404). (Motion passed 4-0.)
B. Undated Trail Plan
The Parks Commission expressed a need to have an up-to-date comprehensive trail plan.
The need was derived from a general consensus that new trails or development trail
issues were not prioritized or established with comprehensive goal. A balance between
transportation and recreation along with projected users is needed to be addressed. The
Parks Commission indicated that an outside consultant should work on a trail plan. It is
the commission's recommendation that a comprehensive trail plan RFP be distributed.
Staff recommended that the Council authorize City Staff to prepare and distribute a
Request for Proposals to qualified firms to assist the sub -committee in completing an
updated and comprehensive trails plan.
M/S/P Dunn/DeLapp — to direct City Staff to prepare and distribute a Request For
Proposals to assist the Parks Commission in completing an updated trails plan. (Motion
passed 4-0.)
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003
APPROVED: MARCH 18, 2003
C. Field Lights at VFW Park
The Lake Elmo Baseball Association asked the City to explore the possibility of lighting
the VFW Field. Bob Schumacher, Chair of the Parks Commission, noted the
Commission had representatives from the Association attend several meetings. The Park
Commission recommended that bids be solicited to light the ball field so the Commission
would have a true cost analysis for the CIP and recommendation to proceed. Specific use
for the park will be defined, such as: adult softball would not be permitted on the VFW
Field.
The Acting City Administrator noted that the Park Commission's recommendation to
investigate lighting of VFW was a wise strategic move. Earlier Park Commission and
Council discussion touched on the concept of enlarging and reorienting the community
playfield complex of VFW/Lions in concert with Old Village Neighborhood Design
planning that is now under way. Comprehensive Old Village planning decisions
regarding the physical layout of the community playfield could influence the time of
actual installation at VFW.
M/S/P Dunn/DeLapp — to authorize the City Engineer to prepare plans, specifications and
cost estimates for the lighting of the VFW ballfield. (Motion passed 4-0.)
8. CITY ENGINEER'S REPORT:
A. Contract to prepare NPDES Permit and Surface Water Management Plan
M/S/P DeLapp/Dunn - to authorize the City Engineer, with completion to be within 180
days, the Storm Water Planning and NPDES permit projects in accordance with the
TKDA proposal dated February 6, 2003. The fees of $38,700 shall be paid from the
Storm Water Plan Reserve Account (100-4320-43170). (Motion passed 4-0),
B. Water System Analysis and Mapping Contract
A recent Minnesota Health Dept. monitoring report on the public water systems
recommended the City update the mapping on the GIS of the systems (mains and
appurtenant facilities); compile books for the maintenance crew and address the need for
system improvements, primarily storage. As directed by the Council, TKDA has prepared
a proposal to accomplish both tasks. Funding for this contract would be from the Water
Enterprise Fund Capital Account. The Acting Administrator noted that while 2002 final
audited fund balance information is not yet available for any City. The auditor advises
staff that the Water Enterprise Fund appears to have a $500,000 fund balance, most of
which would be capital funds.
M/S/P Duml/Siedow - to authorize the City Engineer to proceed with Old Village Water
System Analysis/Plan; and digital mapping of all three City water systems in accordance
with the TKDA proposal dated February 13, 2003. The total fees of $23,500 shall be
paid from the Water Enterprise Fund Capital Account (601) (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003
APPROVED: MARCH 18, 2003
C. Contract for Well Head Protection Plan
In his letter dated February 26, 2003, the City Engineer advised that the Minnesota Dept.
of Health requires a Well Head Protection Plan whenever a new public well is drilled.
The City has drilled two new wells within the past year (#2 for the Old Village System,
and #3 for the future Eagle Point System). The Engineer proposes Well Head Protection
Plans for all three City wells at a total cost estimate to be $20,000, over a two year plan
development period. The funds would be paid from the capital element of the Water
Enterprise Fund (601). Planner Dillerud indicated this requirement predated the two new
wells and it would have been nice if it was in the bond issue.
M/S/P Siedow/Dunn — to authorize TKDA to prepare a Well Head Protection Plan in
accordance with the Proposal dated February 18, 2003 at an estimated cost of $20,000 to
be funded from the capital portion of the Water Enterprise Fund (601). (Motion passed 4-
0.)
D. 2003 Seal Coating and Crack Sealing Program
The City Engineer and Acting Public Works Superintendent prepared the proposed 2003
Seal Coat/Crack Seal program for City streets. A listing of the streets programmed for
2003 work was provided. The goal of the program is to periodically and systematically
undertake repairs and resurfacing of the City's streets to extend the life of those streets,
and provide motorists a safe and comfortable driving surface. The approved 2003
General Fund Budget includes a $160,000 line item appropriation for this program.
Council member DeLapp asked the City Engineer to look into smaller aggregate as the
larger aggregate makes the surface dangerous for biking and unusable for roller blading.
Prew said he would look at using larger aggregate for shoulders and on Keats Avenue
and smaller aggregate for other streets. Prew said the City usually works with
Washington County, but now we are doing it ourselves so early solicitation would result
in favorable prices from contractors.
M/S/P Dunn/DeLapp — to authorize the City Engineer to advertise for bids for the 2003
Seal Coat Program; and to solicit bids for the 2003 Seal Crack Program. (Motion passed
4-0).
Lake Elmo Echo:
Jennifer McNeil introduced herself as the editor of a new, weekly newspaper called the
Lake Elmo Echo, a division of Forum Communications. This newspaper will focus fully
on Lake Elmo and April 180' is the first publication date. Every mailing address in the
City will get a free copy and then subscriptions will be offered. They are looking for
office space in the city.
E. Speed Limit Reduction to 25 MPH in certain neighborhoods
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003
APPROVED: MARCH 18. 2003
As directed by the Council, City Staff mailed out 300 letters to the residents of the 13
neighborhoods that have been identified by the City Engineer as qualifying, by the
physical characteristics of the development and street specifications, as candidates for a
reduction in the posted and enforceable speed limit from 30 MPH to 25 MPH. The City
Planner noted that the City has received 70 written responses indicating their support of
the 25 MPH initiative.
Mike Bouthilet provided a cost estimate for twenty 25 M.H.P. signage, which will come
out of the street maintenance fund. These 25 MPH signs will have an orange placard on
top and underneath 25 MPH neighborhood. They will be placed at the entrance of the
developments and internally where the streets are longer. Per the City Engineer, the signs
will take affect April 1". Council member DeLapp suggested the signs be upgraded to a
diamond grade which is substantially brighter.
The City Planner indicated that once the Ordinance is official, and the signatures in place,
the City will request the Sheriff to assist with, first, radar trailer education and later,
focused monitoring and ticketing of speeders. Completion of the education/monitoring
process could require several months.
Mayor Hunt returned to the meeting at 8:10 p.m.
M/S/P Dunn/Siedow — to direct the staff to look at the most reflective materials for the 25
MPH signs as long as the cost doesn't go over $400. (Motion passed 5-0).
M/S/P Dunn/Siedow — to adopt Resolution No. 2003-015, A Resolution Adopting the
Policy on 25 M.P.H. Speed Limits. (Motion passed 5-0).
M/S/P Dunn/Siedow —to adopt Resolution No. 2003-016, A Resolution Establishing
Streets with 25 M.P.H. Speed Limits. (Motion passed 5-0).
F. Lake Jane Landfill — Verbal Update
The City Engineer reported- additional monitoring is being done at the north end of the
landfill. The MPCA Bi-Annual Closed Landfill Report should be on the web next month.
The Council thought they may want to talk to the Project Manager in April.
9. PLANNING, LAND USE & ZONING:
A. Shoreland Zoning Variance — Kostelnik, 8098 Hill Trail N.
Roger and Mary Kostelnik, 8098 Hill Trail N., are requesting a variance to enclose an
existing deck into a three season porch, 31 feet from the Ordinary High Water level of
Lake DeMontreville where 100 feet are required.
Attorney Filla stated the code refers to minimum standards and not existing structures
regarding the definition of Shore Impact Zone. All the buildings in the neighborhood are
non -conforming structures. He added that these structures were permissible when
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003
APPROVED: MARCH 18, 2003
constructed, but cannot be expanded without a variance. The shore impact zone is one
half the lakeside setback or 50 feet.
Bob Steigel, attorney for Kostelnik, stated Mr. Iostelnik is physically handicapped
because he had a stroke in 1998. Mr. Steigel referred to a specific statute allowing
physically handicapped hardship is referred to in a 1989 case, Knowlan vs. City of Eden
Prairie. Attorney Steigel stated an undue hardship does not mean a property owner must
show the land can be put to any reasonable use, only a showing the property owner would
like to use the property in a reasonable manner. The hardship is related to the property
owner and not the property.
Attorney Filla stated Mr. Kostelnik is being asked to be treated differently. The City can
grant a variance because of the criteria and not the physical impairment of the applicant.
Council member Johnston stated he visited the site and does see the ambiguity and
suggested a pragmatic approach. He suggested approving this without a variance.
Council member DeLapp indicated the City has a code and does not allow this.
Council member Dunn stated this issue always comes up. She said there is a reasonable
use of the land now and the variance cannot be approved. If there is a flood, property
owners come back and ask why the City let him build here. Once the porch is there, the
concern is that it can be enclosed and turned into living space.
Council member Siedow stated this request does need a variance per the advice of the
City Attorney. The Council has to address this application like any other application for
a variance from the OHWM regardless if the applicant is handicapped. The porch could
be enclosed, but no additional deck added.
Mayor Hunt supported proceeding with the variance method and would recommend
approval because the porch would not encroach closer to the lake.
Council member Johnston stated there is an ambiguity in the code, and that the project is
consistent with the neighborhood, supported by the neighborhood, and the Council
should address changing the code.
M/S/F DeLapp/Dunn - to support the denial recommendation and Findings of Fact of the
Planning Commission. (Motion Failed 2-3:Siedow, Hunt, Johnston.)
The Council members that were in favor of approving the variance request indicated
there is already an existing deck, and that the mini deck does not encroach closer than the
main structure. There is no further encroachment to the lake. Any new construction is
farther away from the lake. This is a not a living space, but a 3 season porch with no
heating, and gutters installed as far from the lake as feasible. Condition of approval could
be conditioned on compliance with the DNR recommendation.
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003
APPkOVED: MARCH 18, 2003
Council member DeLapp noted, from environmental and vision what difference does this
make, and asked what does heating have to do with the porch.
M/S/P Johnston/Siedow - to direct staff to draft a resolution approving a variance for
Roger Kostelnik to enclose an existing deck into a three season porch 31 feet from the
Ordinary Highway Water Level of Lake DeMontreville with findings stated at the
meeting the conditions laid out in the DNR letter. (Motion passed 3-2Dunn:there is no
hardship, DeLapp:we should be following the regulations in the Municipal code.)
10. CITY ATTORNEY'S REPORT
A. Update on Junk Houses: Memo from Attorney Shoeberg
The Council recognized receiving a letter from Attorney Shoeberg, but was unable to
read it at the meeting. It was suggested that Code Enforcement Officer Jim McNamara
could consider the Hilyar House as hazardous. Council asked that this be added to the
agenda for the next meeting.
B. Date of City Administrator's Leave of Absence Expiration:
Attorney Filla reported Mary Kueffner had a request for a number of things... reasons for
actions taken by the Council, copies of e-mails and other word documents occurred on
the 3I't. At the Hearing on January 21, Mary Kueffner did not receive any of the
requested information and could not accurately respond. The Council made a motion to
extend her Paid Leave of Absence 30 days after she received the requested information.
The approved minutes were sent out February 18th and a disc with word documents was
mailed or -February 28. Filla stated the time started running with 30 days extending to
March 28th to hold another hearing.
C. Date To Receive Input from Frank Madden and Assoc
The Frank Madden and Assoc. firm will have a report by mid March. The Council
indicated they needed to have that report for review.
Council member Siedow stated he thought the majority of the people that wanted Mary
Kueffner fired based that upon the criminal investigation. Council member DeLapp
added that two or three weeks later it was based on job performance.
11. CITY ADMINISTRATOR'S REPORT:
A. South Washington/Valley Branch WSD Boundaries Modification
The Acting Administrator reported the City has been advised that the two Watershed
Districts serving southwest Lake Elmo are proposing a modification in the boundary
between the two jurisdictions, based on a more accurate delineation of the true sub -
watershed drainage areas. Approximately 10 acres at the southeast corner of 15th Street
North and Inwood would be added to the Valley Branch jurisdiction; approximately 10
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003
APPkOVED: MARCH 18, 2003
acres in the southwest extremity of the Stonegate Addition (mostly Stonegate Park)
would be added to the South Washington jurisdiction.
Matt Moore, SWWD, stated the watershed has implemented the 1 percent rate control but
not volume control. The VBWD did vote in favor of this boundary modification.
M/S/P Johnston/DeLapp — to adopt Resolution No. 2003-017, A Resolution Adopting the
Concurrence of the City of Lake Elmo with boundary modifications between the south
Washington and Valley Branch Watershed Districts. (Motion passed 5-0.)
Donald Whitcom, SWWD member invited the council to meet with the Board anytime
they wanted to discuss issues.
B. Snowmobile/ATV Ordinance Amendments
The City Attorney prepared a draft ordinance in response to the Council's February
direction to substitute reference to State Statute for the bulk of our existing regulations,
and modify portions of what would remain of local regulation. The City has not received
comments from the Sgt. Jerry Cusick, Washington County Sheriff. Mayor Hunt
suggested the ordinance be sent out to the North Star Snowmobile Club for their
comments.
It was noted by Councilmember DeLapp, who had not attended the previous council
meeting, that Regulation A: No person shall operate a snowmobile or all terrain vehicle
on a public sidewalk or within the unimproved portion of a citysis not enforced.
Regulation B. should read: No person shall operate a snowmobile or all terrain vehicle on
city -owned Property, except driving lanes and shoulders if operated within posted speed
limits.
C. Water Rates
The City Planner and Acting Finance Director asked for more time to bring the Council
their recommendations regarding water rate amendments.
D. Request for Closed Meeting, March 18, 6 p.m. with League of MN Cities
Attorney
M/S/P Johnston/Siedow — to hold a closed meeting, March 18, 6 p.m., with League of
MN Cities Attorney on the Grenfell Litigation. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003 10
APPROVED: MARCH 18, 2003
E. Washington County Concurrence in Initiating MnDOT Speed Studer CSAH
17
The Council indicated they would like to talk with the Washington County Traffic
engineer as to what their rationale is behind requesting a speed limit study. Is it their
desire to reduce 45 MPH. The City Planner will invite the County Engineer to a future
meeting.
D. Village Commission Recommendation Amending the Thorbeck Contract
Planner Dillerud indicated the Village Commission wanted the City to proceed with their
recommendations regarding the Old Village Plan. They recommended amending the
Thorbeck Contract for modification of maps for a Power Point Presentation. The budget
would be increased $1,200.
M/S/P Siedow/Dunn — to amend the Thorbeck Contract by approving the $1200 increase
for modification of maps in Power Point, as recommended by the Village Commission
and the City Planner. (Motion passed 5-0).
12. CITY COUNCIL REPORTS:
The Administrative Law judge has not made his decision on whether the Metropolitan
Council has the authority to force the City to accept more growth than the Lake Elmo
wants.
Council member Johnston stated he attended the Newly Elected Officials Conference and
was very impressed with the program presented by the League of MN Cities.
The City Planner noted he has provided two sets of proposals; 5 for organizational and 2
for zoning. He recommended interviewing the two firms before the Planning Commission
meeting on Monday night.
M/S/P DeLapp/Dunn — to hold a 7 p.m. meeting, Monday, March 10 to discuss the two
zoning proposals. (Motion passed 5-0).
Planner Dillerud recommended interviewing two firms, Fox Lawson and Springsted.
M/S/P Dunn/Johnston — to hold an interview on Monday, March 10, with the two firms,
Fox Lawson and Springsted for organization. (Motion passed 5-0).
Adjourn 10:05 p.m.
Respectfully submitted by Sharon Lumby, Deputy Clerk
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003 11
APPkOVED: MARCH 18, 2003
Resolution No. 2003-014 Approving Claims
Resolution No. 2003-015 Adopting Policy on 25 MPH Speed Limits
Resolution No. 2003-016 Establishing Streets with 25 MPH Speed Limits
Resolution No. 2003-017 Adopting Concurrence with boundary modification between the
South Washington and VBWD
LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 2003 12