HomeMy WebLinkAbout07-01-03 CCMMayor:
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Dean Johnston
Chuck Siedow
Lake Elmo City Council
Tuesday
July 1, 2003
3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615(fax)
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.
6:30 p.m. OPEN HOUSE at Pump House Well No. 2
11975 55th Street (Access off of Highway 36)
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes June 17, 2003
3. PUBLIC INOUIRIESANFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
A. Public Inquiries
bring the Council's attention any items not currently on the
agenda. In addressing the Council, please state your name and
B. Proposal for Regulation of Motorized
address for the record, and a brief summary of the specific item
Recreational Vehicles
being addressed to the Council. To allow adequate time for each
person wishing to address the Council, we ask that individuals
C. Neighborhood Identification Signage
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 motion
A. 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
A. Resolution 2003-057 Approving Claims
B. Request for City Contribution to Offset the
Cost of Lake Elmo Resident & Visitors Guide
Tom Bouthilet
Lake Elmo City Council Agenda
July 1, 2003
Page 2
6. NEW BUSINESS
A. City Code Amendment —Property
Identification
B. Pet Cemetery
7. MAINTENANCE/PARK/FIRE/BUILDING:
A.
S. CITY ENGINEER'S REPORT:
Tom Prew
A.
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Final Plat, OP Final Plan and Development
Agreement— Whistling Valley OP
10. CITY ATTORNEY'S REPORT:
J. Filla
A.
11. CITY ADMINISTRATOR'S REPORT:
C.Dillerud
A. City Administrator Position
B. Storm Water Utility
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Johnston
1. Community Improvement Committee
E. Council Member Siedow
JULY 8, 7 p.m., Old Village
Neighborhood Public Forum, Lake
Elmo Elementary School
LAKE ELMO CITY COUNCIL: OLD BUSINESS LIST
ITEM
REQUESTED DATE
COMPLETION DATE
Designation of Fund
Reserves
4-15-03
Finance Committee 6-24-03
Invite Kathleen Groh, N.E.
Metro Alliance for
Responsible Development
4-15-03
False Alarm Charges
4-1-03
Fire Chief will set meeting date.
Fire Dept. Vehicle Usage
4-1-03
Waiting for Opinion from
Insurance Company
Park Closing Time
Consistency
3-18-03
Sunrise to Sunset unless lighted
then 10 p.m.
Street Light Policy
3-18-03
City Eng. Identify those lights
that are privately necessary.
Status of Junk Houses
On -Going
7-1-03 New Criminal Attorney
Request for proposal for an
updated trial plan
3-4-03
Parks Member Steele working
from Chuck's format.
Lake Jane Landfill
3-4-03
Check MPCA website for
updated report
Attorney Shoeberg's
Contract
3-18-03 90 days
Terminated 6-30-03
Buberl CUP Update
Construction Plan and Sit e
for new City Hall
8-6-02
Old Village Streetscapes
8-6-02
PZ Recommended, Cost
Estimate Submitted by TKDA 4-
14-03. Financing under
consideration.
Look at speed limit signs
and sight distance on Lake
Jane Trail
7-16-02 Eng. &
Maintenance
Monitor Costs of Fire Foam
System Use
7-16-02
On -going Clean-up of dirt
on Jamaca
7-16-02 Maintenance
Keeping Clean
Purchase & Install Two
Sirens
7-16-02
Stalled with City Planner
Set Aside $9000 Annually
for 2004 Component Prog.
7-16-02
DONE
LEFD Sign Falling Apart
7-2-02
DONE
Residential Exterior
Lighting Ordinance
3-6-02 DeLapp/Planner
On -Hold
Hill Trai1,501Street
Reconstruction
2-19-02
Ordered Advertisement of Bids
6-17-03
Storm Water Utility
I 1-7-01 Environmental
Commission
Transferred to TKDA under
contract.
Old Village Sidewalks
11-7-01
2004 Project pending funding.
Revisit Hunting Ordinance
11-7-01
Joint Meeting w/Woodbury
and Met Council re:Comp
Plans
11-7-01
Signal Lights at Hwy 36 &
CSAH 17
Now scheduled for 2004.
Draft policy for City I.D.
Sign Replacement
10-16-01
Recommend replace signs and
add new signs. Sign Plans Done.
Review & Compare Cell
Tower Ordinance w/County
10-02-01 PZ
Strategic Planning
Responses
9-18-01
Council Retreat 7-18-03 M.M.
Condon
Code Enforcement & Fire
Dept. Inspections
8-14-02
Building Official Jim McNamara
Highlands Trail Stop Sign
Remove after striping
Waiting for County to stripe.
Open House of new Well
House
July 1, 6: 30 p.m.
Newly installed American
Flag at Softball field
Will be taken down because it is
not lighted
Ridge Park
Waiting for bids late July.
Personnel Policy
Addendum re:Conceal &
Carry Weapons
Part of Springsted contract —
August.
Lake Elmo Library
Library Closed 6-21-03
Working on alternative quarters.
No response from Library Bd.
(7-1-03)
MINUTES APPROVED: July 1, 2003
LAKE ELMO CITY COUNCIL MINUTES
JUNE 17, 2003
1. AGENDA
2. MINUTES: June 3, 2003
3. PUBLIC INQUIRIES/INFORMATIONAL:
4. CONSENT AGENDA:
A. Request for Meehan family for an Extension of time to Record Final Plat
5. FINANCE:
A. Resolution 2003-053 Approving Claims
6. NEW BUSINESS:
A. Watering Restrictions Resolution No. 2003-054
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Maintenance Advisory Committee Recommendation -Grass Rig:
B. Maintenance Advisory Committee Recommendation -Fire Gear Washer
C. Maintenance Advisory Committee Recommendation -Turn Out Gear
D. Update on Fire Dept. Activities: Chief Malmquist
E. Update on Building Dept. Activities: Jim McNamara
8. CITY ENGINEER'S REPORT:
A. Resolution No. 2003-055 Approving Plan and Specifications & Order
Advertisement for bids for Hill Trail and 50d` Street N.
B. Resolution No. 2003-056 Final Payment for Pump House No. 2
C. Surface Water Management Plan
9. PLANNING, LAND USE & ZONING:
A. Request for "No Parking" Zone — Jane Road North
10. CITY ATTORNEY'S REPORT:
A. Update on Transition
11. CITY ADMINISTRATOR'S REPORT:
A. City Council Retreat
B. Schedule Executive Session Regarding METC Litigation
C. SWGW Grant Information
12. CITY COUNCIL REPORTS:
Council Member DeLapp: Old Business List, Add newspaper article to June 3`d
Council minutes
Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers.
PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney
Filla, Building Official McNamara, Fire Chief Malmquist, Acting Finance Director
Bouthilet, and Acting City Administrator/Planner Dillerud.
LAKE ELMO CITY COUNCIL MINUTES JUNE 17, 2003
1. AGENDA
ADD: 11 C. E-mail from Jeff Berg, Washington Conservation District involving South
Washington County Groundwater Study Grant, Council member DeLapp requested 8C.
Surface Water Management Plan, 11 D. Add Unfinished Business List: Gun Ordinance
Signs, Softball field in Ridge Park. Planner Dillerud suggested waiting to discuss Ridge
Park until the City gets construction bids back. 10A. Address Contract for City attorney,
ADD Greg Huff s article on Censure Resolution to the June 3rd Council minutes.
M/S/P — Dunn/Siedow - to approve the June 17, 2003 City Council Agenda, as amended.
(Motion passed 5-0).
2. MINUTES: June 3, 2003
Council member DeLapp requested that the article written by Stillwater Gazette news
editor, Greff Huff on the Censure Resolution be added to the Council minutes.
M/S/P Siedow/Johnston - to approve the June 3, 2003 City Council Minutes, as
amended. (Motion passed 5-0).
3. PUBLIC INOUIRIES/INFORMATIONAL:
4. CONSENT AGENDA:
A. Request for Meehan family for an Extension of time to Record Final Plat
Torre Pines was given preliminary plat approval July 1998, and final plat approval for all
but four lots in September 1998. The City was informed at that time that Mr. Meehan or
a family member would continue to live in the existing home on the 10 acres that
includes the four lots, and that the final plat for the four lots would not be done until a
later date. The Meehans are requesting another one-year extension. Our code allows for
this extension, but requires Council approval on a yearly basis.
M/S/P Dunn/Siedow - to grant the Meehan's a one-year extension of the Final Plat of
Torre Pines, specifically, the parcel now shown as Lot 15. (Motion passed 4-1:DeLapp
stated that that the property is under assessed substantially because the final plat has not
been filed. Approval of this request treats people differently).
5. FINANCE:
A. Resolution 2003-053 Approving Claims
M/S/P Siedow/Dunn - to adopt Resolution No. 2003-53 approving claim numbers 150,
151, 23856 through 23896, DD1 through DD5 that were used for Fire Dept./Staff payroll
dated June 12, 2003 and Claim Numbers 23897 through 23948 in the total amount of
$165,036.75. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 17, 2003
6. NEW BUSINESS:
A. Watering Restrictions: Resolution No. 2003-054
The Acting Administrator reported the City has received multiple inquiries regarding the
"Odd/Even" lawn watering restrictions that were institute by City Council Resolution on
July 2, 2002 in portions of the City served by municipal water. The Resolution does not
provide any measure to waive the watering restriction for newly sodded lawns. A draft
resolution was provided for a waiver to the terms of Resolution 2002-061. A simple free
permit system to track who has received the exemption and the calendar duration of the
exception will be developed. The task of monitoring such exemptions would not prove
burdensome because of the limited scale and geographic extent of our municipal water
system.
The Acting Administrator noted that newly seeded yards would also be eligible for the
waiver as well.
M/S/P DeLapp/Johnston - to adopt Resolution No. 2003-054 providing for a two week
waiver of the terms of Resolution No. 2002-61 for the watering of new sod only upon
issuance of a City permit. (Motion passed 5-0).
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Maintenance Advisory Committee Recommendation -Grass Rig_
At its May 28, 2003 meeting, MAC reviewed the Fire Chief s proposal to acquire a new
grass rig as an addition/replacement for the grass rig presently in service. MAC
recommends the Council authorize the Fire Chief to secure quotations and State Contract
pricing for the several components that become a functional grass rig when combined.
The grass rig purchase is in the 2002 CIP as a 2003 purchase, and is also in the
(unapproved) 2003 CIP as a 2003 purchase, both at a budgeted cost of $70,000. The Fire
Chief would like to retain the old grass rig, but inside storage would be required, which
the City doe not have available
The Equipment Acquisition Capital Outlay Reserve Fund (Fire Dept.) had a balance of
approximately $120,000 as of 12/31/02 and the 2003 Fire Department Budget shows a
$60,000 appropriation to Capital in addition to that amount.
Chief Malmquist stated the grass right cannot be stored off site because they need to have
access 24/7, and at the fire station. Council member DeLapp asked how we can keep the
old rig if there is no site to store it now. Council member Siedow asked what equipment
off the old rig could possibly be moved to the new rig to save money. Malmquist said he
cannot use any of the add ons from the old rig. Council members Siedow and Dunn
asked for an updated pricing for a complete total, including all the add ons.
M/S/P Johnston/Siedow - to authorize the Fire Chief to secure quotes and State Contract
pricing for all components of a new grass rig. When quotes and pricing on all
components is available, MAC will provide the Council with a purchase recommendation
and a recommendation for the disposition of the existing rig. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 17, 2003
B. Maintenance Advisory Committee Recommendation -Fire Gear Washer
At its May 28 meeting, MAC considered a proposal by the Fire Chief to purchase a gear
washer for installation at Fire Station #1. The Fire Chief has advised that the department
has located an area in the station of sufficient dimensions to accommodate a gear washer
and the proposal has resurfaced. The estimate cost of the gear washer and installation
expense is now $6,500 which becomes a Capital Improvement. A gear washer does not
appear in either the approved 2002 or unapproved 2003 CIP.
In a response to a question from Council member Siedow, Chief Mamlquist explained
there are no commercial companies around here that can do this service. They've tried
hauling the gear over to Oakdale, but the gear didn't get washed as required after one
month of trying this approach. He will look at a possible used washer that can wash two
sets of gear concurrently. Dunn asked how much water volume does this use. Council
member Siedow asked that the Chief look into a cheap washing machine. Dunn asked
what is being moved around to accommodate this expenditure.
M/S/P Johnston/Siedow - to authorize the Fire Chief to solicit quotations and State
Contract pricing for a gear washer and installation along with quotes for a used washer.
MAC shall review the resulting costs and recommend a purchase decision to the City
Council. (Motion passed 5-0).
C. Maintenance Advisory Committee Recommendation -Turn Out Gear
At its May 28 meeting, MAC considered a proposal by the Fire Chief to purchase 10 sets
of turn out gear at an estimated cost of $1,500 per set. The Fire Chief proposed 6 sets for
the 6 new firefighters and 4 additional sets. MAC recommends purchase of only the 6
sets at this time.
This 2003 proposed purchase results from 6 new firefighters being added to the
department, which brings the compliment of firefighters to 30. If approved for purchase,
the funding would be from the Capital Equipment Reserve Fund (Fire).
M/S/P Johnston/Siedow - to authorize the Fire Chief to solicit quotations and State
Contract pricing for six sets of fire department turn out gear. In this case no additional
MAC review appears is required. (Motion passed 5-0).
D. Update on Fire Dent. Activities: Chief Malmquist
The Fire Chief reported there was a good turn out at the safety fair, preparing for the
Washington County Fair. The Dept. has some guys going in Firefighter 1. They have
been busy finding lost children at the beach in the Regional Park (4 calls in the last 3
days). He has monitored 3 "A" or "B" calls that the department would have gone on
since June 1, when the County Dispatch was directed to not tone out Lake Elmo on "A"
calls and some `B" calls. He forecasts that the new call out policy will save 6 calls a
month, which will be 72 calls a year. He suggests that the City will see a difference in
the budget as a result of these reduced call outs.
LAKE ELMO CITY COUNCIL MINUTES JUNE 17, 2003 4
E. Update on Building Dept. Activities: Jim McNamara
Building Official McNamara reported there were three new residential permits issued in
May. McNamara reported there was no building activity going on the Bodziak property.
Council member DeLapp questioned whether the City could use the illegal uses
provisions of the Zoning Ordinance to cite the property for the storage activities taking
place in the structure with nobody actually living there. City Planner Dillerud said he
would discuss this strategy with the City Attorney, but he noted that there would be
sufficient cause for a zoning violation on that basis along.
8. CITY ENGINEER'S REPORT:
A. Resolution No. 2003-0551
The City Engineer Prew reported the plans and specifications are complete for Hill Trail
and 501h Street Reconstruction. He has reviewed the project with the Valley Branch
Watershed District and the Washington County Highway Department. Both have found
the proposals acceptable as to a revised 50a' Street/CSAH 13 intersection design and
storm water treatment. Prew noted he has scheduled meetings with some of the residents
to review specific design issues. He said he was informed about residents concerns on
large bumps from the new road to their driveways.
Bud Talcott submitted a list of questions that the City Engineer answered to Mr. Talcott's
satisfaction.
Tom Prew will schedule an initial resident workshop before construction starts. Prew
will send a letter out to all residents informing them of dates of construction and phone
numbers to contact.
M/S/P Johnston/DeLapp — to adopt Resolution No. 2003-055, A Resolution Approving
Plans and Specifications and Ordering Advertisement for Bids for the Hill Trail North
and 50a' Street North Reconstruction Project. (Motion passed 5-0).
B. Resolution No. 2003-056 Final Payment for Pump House No. 2
The City Engineer reported that EnComm Midwest has completed work on Well Pump
House No. 2. The actual cost of this project is provided in the City Engineer's memo
dated June 12, 2003.
M/S/P Siedow/DeLapp - to adopt Resolution No. 2003-056, A Resolution Approving
Final Payment to EnComm Midwest, LLC in the amount of $9,156.26 for work
completed on Well Pump Iouse No. 2, as verified by the City Engineer in his memo
dated June 12, 2003. (Motion passed 5-0).
Tom Prew will work with Mike Bouthilet in scheduling an open house for the new brick
well pump house.
LAKE ELMO CITY COUNCIL MINUTES JUNE 17, 2003
C. Surface Water Management Plan
Tom Prew reported he had conversations with VBWD in working with their second
generation plan; and TKDA is waiting until Valley Branch completes their plan in July to
move forward with Lake Elmo's Plan. Council member Johnston noted the City has
water problems and potential storm water utility that are not being addressed because we
are waiting for this plan. Prew responded that different sections in the report could be
addressed earlier that could address those specific issues. The Planner and City Engineer
will come back with a further report on the process for the surface water management
plan at the July 1" meeting.
9. PLANNING, LAND USE & ZONING:
A. Request for "No Parking" Zone — Jane Road North
The Lund family is the owner of Lake Jane lakefront property and no residence is
constructed on this project. It is used for dock/lake access and recreation by the family
who reside on Jane Court. Mr. Lund has requested the City to post the west side of Jane
Road "No Parking" for an unspecified distance beginning at the south corner of his gate
on Jane Road property/frontage.
M/S/P Johnston/Dunn — to adopt Ordinance No. 97-119 establishing a distance
determined by the City Engineer and Public Works Superintendent based on safety and
access for a No Parking zone for the driveway of the Lund property (PID 10-029-21-24-
0003). (Motion passed 5-0.)
10. CITY ATTORNEY'S REPORT:
A. Update on Transition
Attorney Filla explained he has asked for cases from Attorney Shoeberg that will not be
resolved by the end of June. He said he will continue Shoeberg's rate of $75/Hour and
flat fee for preparation of documents. He will send the city a letter regarding procedure
on code enforcement and a contract for the remaining year.
11. CITY ADMINISTRATOR'S REPORT:
A. City Council Retreat
The Acting Administrator reported he contacted the League of Minnesota Cities and
other sources to solicit the services of an independent facilitator to assist the Council with
its Retreat. Three of the four indicated specific experience with this type of project in a
Public Governing Body context. One would not be available until late July; and the
second can begin the first week of July. The third individual with documented Public
Body experience was in Europe and unavailable until early July. He concluded that
M.M. Condon & Associates (Marilyn Condon) would be well suited for the Lake Elmo
project.
LAKE ELMO CITY COUNCIL MINUTES JUNE 17, 2003
The Council commented that they will talk format once Ms. Condon gets online as they
felt the problem lies with the Council; and, that the Acting Administrator would not be
involved in the retreat.
M/S/P Siedow/Johnston — to approve M.M. Condon & Associates, (Marilyn Condon),
15823 1001h Street N., Stillwater, to assist the Council with its Retreat, as in submitted
proposal dated June 13, 2003. (Motion passed 5-0).
B. Schedule Executive Session Regarding METC Litigation
The Finance Committee will meet June 24s' at 5 p.m. at City Hall. The Council called an
Executive Session for June 240' at 6 p.m. to meet with Attorney Nowlin to discuss METC
litigation matters.
C. SWGW Grant Information
The Acting Administrator reported he received information from Jeff Berg, Soils and
Water Conservation, regarding a South Washington County Groundwater Study BWSR
Challenge Grant Washington County is applying for. He is asking for letters of support
and financial support from communities and watershed districts. The city would be able
to let the participants know what the City issues are and how the study may address them.
At this point this is a grant application so there is no guarantee that the study will be
funded. The Acting Administrator encouraged council endorsement of the grant
application. The Council indicated they would consider financial participation if needed.
M/S/P Dunn/DeLapp — to direct staff to send a letter of support to the Washington
Conservation District supporting the South Washington County Groundwater Study and
consideration of financial support. (Motion passed 5-0).
12. CITY COUNCIL REPORTS:
Council member DeLapp would like an OLD BUSINESS list, monthly, of open projects
to keep the Council up to date. This includes projects that were agenda items.
Mayor Hunt, Council member DeLapp and a few committee members went on the
Washington County Fitness walk.
Council member DeLapp reported he was impressed with the comments in Lane
Kendig's two hour slide show. He strongly encouraged everyone to review the
presentation on performance zoning when played on cable. DeLapp felt the outcomes are
the same as what we have been doing the past seven years with Open Space Preservation;
and, now we can do this in commercial zoning.
Council member Dunn pointed out that from the Old Village Forum came out a need for
performance standards. She reported Ed Stevens, who was a Lake Elmo resident for
many years and served as a Planning Commission member, passed away on Saturday.
LAKE ELMO CITY COUNCIL MINUTES JUNE 17, 2003
Council member Johnston indicated in the presentation of performance zoning, it was
noted that you forget about lot size requirements which could be scary thing. He
encouraged the Council to watch the tape of the presentation to hear the explanation.
Council member Siedow mentioned that in a newspaper article regarding the termination
of Shoeberg's contract; it was stated by Council member DeLapp that the three members
that voted for termination did not care much about the finances of the City. As one of the
three members that voted for the termination, he stated this statement is not true.
Meeting adjourn at 9:00 p.m.
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2003-053 approve claims
Resolution No. 2003-054 Provide a two week waiver for watering of new sod upon
issuance of a City permit.
Resolution No. 2003-055 AUroving plans and Specs and Ordering Advertisement for
Bids for Hill Trail N. and 50 Street Reconstruction Project
Resolution No. 2003-056 Approving Final Payment to EnComm Midwest for work
completed on Well Pump House No. 2
Ordinance No. 97-119 Establishing No Parking zone for Lund driveway (PID 10-029-21-
24-0003)
LAKE ELMO CITY COUNCIL MINUTES JUNE 17, 2003