Loading...
HomeMy WebLinkAbout07-15-03 CCMMLee Bunt Lake Elmo City Council Councilmembers: SteveDeLapp Tuesday Susan Dunn Dean Johnston July 15 2003 Chuck Siedow � ' 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. 6:00 p.m.: Interview Recruiting Firms Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes July 1, 2003 3. PUBLIC INOUIRIES/INFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to A. Huff N Proclamation, Request for Liquor bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and License and Waiver of Fees for Lights:Lake Elmo address for the record, and a brief summary of the specific item Jaycees 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 A. be routine by the City Council and will be enacted by one 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 2003-060 Approving Claims 6. NEW BUSINESS A. 7. MAINTENANCE/PARK/FIRE/BUILDING: A Parks Department: Update on Park Activities and Buckthorn Eradication:Mike Bouthilet Lake Elmo City Council Agenda July 15, 2003 Page 2 B. Fire Department: Update on Activities:Chief Malmquist C. Building Department: Update on Activities; (1) Adopt Ordinance 97-121, Adopting the Minnesota Building Code 8. CITY ENGINEER'S REPORT: Tom Prew A. Resolution No 2003-061:Partial Payment No. 1 to Allied Blacktop 9. PLANNING. LAND USE & ZONING: C. Dillerud A. 10. CITY ATTORNEY'S REPORT: J. Filla A. 11. CITY ADMINISTRATOR'S REPORT: C.Dillerud A. Surface Water Utility B. Resolution Establishing Community Improvement Commission 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow City Council Retreat, July 18, 2003 8-5 p.m. Tartan Park MINUTES APPROVED: July 15, 2003 LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 6:30 P.M. OPEN HOUSE AT Pump House Well No. 2 1. AGENDA 2. MINUTES: June 17,2003 3. PUBLIC INQUIRIESANFORMATIONAL: A. Public Inquiries: Lake Elmo Library B. Proposal for Regulation of Motorized Recreational Vehicles C. Neighborhood Identification Signage 4. CONSENT AGENDA: 5. FINANCE A. Resolution No. 2003-057 Approving Claims B. Request for City Contribution to Offset the cost of Lake Elmo Resident & Visitors Guide 6. NEW BUSINESS: A. City Code Amendment — Property Identification B. Pet Cemetery C. Adding Items to the Council Agenda D. Status Report on the $1700 Missing from the Fire Department E. Include Fire Department in Organization Study or Equivalent F. Request Staff for Recommendation on Use of Fire Siren G. Street Naming H. Buckthorn Problem on City Property 7. MAINTENANCE/PARK/FIRE/BUILDING: 8. CITY ENGINEER'S REPORT: 9. PLANNING LAND USE & ZONING: A. Final Plat, OP Final Plan and Development Agreement — Whistling Valley B. Old Village Study 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. City Administrator Position B. Storm Water Utility C. Create a Facilities Committee to Implement Facilities Plan D. Strategy on Law Suit with Met Council 12. CITY COUNCIL REPORTS: D. Council Member Johnston: Community Improvement Committee; Letter to Citizen on City Stationery Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Acting Finance Director Tom Bouthilet, Fire Chief Malmquist and Acting Administrator/Plainer Dillerud. ABSENT: Council member Dunn. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 1. AGENDA Additions per Council member Johnston: 1. AGENDA: What is Council policy/practice on adding items to agenda? 2. FIRE DEPARTMENT/PARKS/MAINTENANCE: A. Request status report on the $1700 missing from Fire Department. B. Include Fire Department in Organization Study or equivalent. C. Request Staff for recommendation on use of fire siren. D. Buckthorn problem on City Property. 3. PLANNING, LAND USE & ZONING: A. Old Village Study 4. CITY ADMINISTRATOR'S REPORT: A. Create a Facilities Committee to implement Facilities Plan. B. Strategy on Law Suit with Met Council. 5. COUNCIL REPORT: A. Community Improvement Commission. B. Letter to Citizen on City Stationery. M/S/P Johnston/Siedow - to approve the July 1, 2003 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: June 17,2003 M/S/P Siedow/Johnston - to approve the June 17, 2003 City Council minutes, as amended. (Motion passed 4-0). 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Inquiries Lake Elmo Library: Wyn John, Chair of Lake Elmo Library Ad hoc committee, provided names of volunteers offering specialized services and gave an update on the Washington County Library Board meeting of June 23�d. John said the support of the Council for a new library does need a definition. The Council acknowledged Alison Hincheliffe, a 9 year old Lake Elmo resident, for her involvement in saving the Lake Elmo Branch Library. An article was written about Alison's efforts to help save the Lake Elmo Library in the June 27, Lake Elmo Leader. Paul Ryberg, 11326 30a' Street, said he attended the Library Board meeting, and heard the Board say go and ask the City to build a new building. Todd Williams, 3025 Lake Elmo Avenue, suggested the Council request the City engineer to develop a cost estimate for a 3,000 sq.ft. building, ask the bonding consultant for a hypothetical bond issue, take a straw vote at the Public Forum on July 8 on whether they would support a bond issue. Council member DeLapp responded with figures $360,000 for a building, plus land. Acting Administrator Dillerud explained if we combine a city hall with a library we do not need a referendum. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 Gloria Knoblauch, 9181 3 Vi Street, reviewed the Washington County policy on provision for library facilities, rent versus building. The Lake Elmo Library ad hoc committee would like to rent a booth at the Washington County Fair to obtain signatures on a petition for saving the library. The cost would be $250 for a booth plus liability insurance. M/S/P Johnston/Siedow — to direct the Lake Elmo Library ad hoc Committee to check on availability of space at the Washington County Fair and authorize $250 for the City to rent for their own purpose. (Motion passed 4-0.) Mark Kimbell, Lily Avenue resident, asked why the Council felt they had to hire a mediator at a cost of $6,000. He urged the Council to rethink about other ways rather than spending public funds. Mayor Hunt responded the Council has different philosophies and felt it was important to the City to find out why we have these disagreements. It is not an uncommon thing to have facilitated retreats. The public meeting is open to anyone. Council member DeLapp indicated the Council has a variety of backgrounds and doesn't hurt to handle meetings more professionally. The issue is more with the approach. Council member Johnston said he sees it as teamwork, some issues require 4 votes out of 5 as in litigation with the Met Council, and we need help to come up with moving. Council member Siedow stated the retreat is because we don't get along. In his opinion, it is money well spent and is in the best interest of the City. B. Proposal for Regulation of Motorized Recreational Vehicles Todd Williams, 3025 Lake Elmo Avenue, indicated his interest in the City adopting amendments to the City Code to enhance the regulation of motorized recreational vehicles within the City. Such vehicles would include snowmobiles, all terrain vehicles, motorcycles and dirt bikes. The proposed amendments would modify those regulations now found in Section 1010 of the City Code as follows: 1. Allow use of such vehicles only on parcels of greater than 5 acres area. 2. Change the permitted hours of use from the present 7:00 a.m. to 11:00 p.m. with 100 feet of any residence to between 10:00 a.m, and 5:00 p.m. anywhere in the City. 3. Prohibit use within 150 feet of any property line. The Acting Administrator explained that, given the magnitude of the proposed modifications, he would suggest broader resident input be solicited before any ordinance amendments are adopted. Council member Siedow indicated he thought the proposed regulations were too restrictive. The Council was in favor of passing the proposed regulations to the Planning Commission for their recommendation. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 M/S/P DeLapp/Johnston - to direct the staff to send the proposal for Regulations of Motorized Recreational Vehicles to the Planning Commission for their recommendation. (Motion passed 4-0). C. Neighborhood Identification Signage A resident of the Wildflower Shores OP neighborhood (Stillwater Blvd. at Irish Avenue) has requested the City to address the absence of neighborhood identification signage for Wildflower Shores. The Acting Administrator recommended the Council decide whether or not they wish to again amend the Sign Ordinance to permit neighborhood identification signs. Council member DeLapp suggested installing a sign on both sides of the road like the MnDOT green colored, standard sign as a traffic control sign. Renaming the street to Wildflower Shores Drive would require Council approval. M/S/P Johnston/Siedow — to direct staff to approach MN/DOT to install standard signs to identify their street into Wildflower Shores and address any concerns or questions and to send a letter to the Wildflower Shores Homeowners Association notifying them of the request to place the signs and to list any concerns. This motion does not allow any street name change. (Motion passed 4-0). 4. CONSENT AGENDA: 5. FINANCE A. Resolution No. 2003-057 Approving Claims M/S/P Siedow/Johnston - to adopt Resolution No. 2003-057 approving claim numbers 152, 153, DD6 through DD10, 23949 through 23969 that were used for Council/Staff payroll dated June 24-26, 2003 and claim numbers 23970 through 24017 in the total amount of $68,063.48. (Motion passed 4-0). B. Request for City Contribution to Offset the cost of Lake Elmo Resident & Visitors Guide John Dresler, Chair of the Lake Elmo Business Assoc., is requesting a $500 contribution to offset the cost of the first 8 community pages in the booklet. The Association will be printing 1000 booklets. Two years ago the City contributed to the first printing of the Lake Elmo Resident Guide. M/S/P DeLapp/Siedow - to approve the $500 City contribution for the printing of the Lake Elmo Resident and Visitors Guide as requested by John Dresler in his letter dated June 1, 2003. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 4 6. NEW BUSINESS: A. City Code Amendment — Property Identification Fire Chief Malmquist had advised that the Fire Department has experienced occasional difficulty location the exact address of a call promptly due to inconsistent property numbering of structures. Malmquist has proposed an amendment to the City Code that provides a clear mandate regarding display of addresses. This amendment would required 3 inch reflective structure address numbers, either on the structure, or posted at the road in front of the structure should distance or obstructions prevent seeing the address numbers on the house itself. Attorney Filla provided a draft amendment on this subject for Council consideration. M/S/P Johnston/Siedow — to adopt Ordinance No. 97-120 requiring all new structures to clearly display addresses in a prescribed manner. (Motion passed 4-0.) Chief Malmquist stated he will get something out to the residents regarding structure address numbering. B. Pet Cemetery Chuck Anderson of the Animal Inn recently contacted the City regarding the City's interest in taking title to the pet cemetery east of the Animal Inn. The Declaration creating the cemetery in 1973 specified that when it was full or ceases to be used as a pet cemetery, the owner must offer the site to the City as a "public recreational park". 1Vh•. Anderson advised that the cemetery is no longer being used. M/S/P Johnston/Siedow — to adopt Resolution No. 2003-058, A Resolution releasing Charles Anderson from Pet cemetery conveyance to the City Declaration terms. (Motion passed 3-1:DeLapp: If its 4 acres, that is a lot of land to just throw away. He said he didn't know enough about it, and taking title to the land may be a good thing in the long run.) C. Adding Items to the Council Agenda Council member Johnston asked what is the Council policy/practice on adding items to the agenda. Acting Administrator Dillerud reported that if two council members request items added, he would add items to the Council agenda — same process as for Special Meetings. Council member Johnston said he made the request on Thursday, June 26th, to add Council agenda items, but was told two council members had to make the request so he had to find another Council member to place items on the July 1st agenda. The code states all persons desiring to present new business before the Council shall inform the Clerk at least three working days before the new business is to be heard. Agenda items must be submitted by Wednesday, Noon, to be placed on the forthcoming Council meeting. According to code, the Mayor may vary the order of business as stated to be respectful to the public in attendance on other agenda items. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 D. Status Report on the $1700 missing from the Fire De artment Fire Chief Malmquist explained that every member on the Fire Department was interviewed and there were no new leads. There were two separate incidents on money missing. There was an insurance claim and a partial payment was received. The Chief stated that procedures have been changed at the station. Acting Administrator Dillerud noted that the handling of all money should be by the Finance Director. E. Include Fire Department in Organization Study or Eguivalent The Acting Administrator explained Springsted had interviewed Chief Malmquist, but issues on regional fire are beyond the scope of this work. This would be a separate issue. Council member Johnston asked staff to be prepared for that fire facilities study once we get the results from Springsted. Dillerud said this can be placed in the budget for 2004. F. Request Staff for Recommendation on Use of Fire Siren Council Member Johnston stated the siren is disruptive, confusing residents with the civil defense siren, and is obsolete when you have pagers and electronic pagers. Chief Malmquist will evaluate the problem, check with Washington County on how this policy change would affect them in regard to civil defense issues, and come back with a recommendation in four weeks. G. Street Naming Fire Chief Malmquist stated the purpose of street names and addresses is to find a home which is very important to fire and ambulance calls. Mayor Hunt asked to reactive the naming system and asked staff to look into a policy that would work. H. Buckthorn Problem on City Property Council member Johnston explained there is a Buckthorn problem on the Gateway trail and Demontreville Park. The Council received a letter inviting members to the Woodbury Environmental Commission meeting on getting rid of buckthorn. Parks Supervisor, Mike Bouthilet, was asked to come back with options such as spraying, or pulling. 7. MAINTENANCE/PARK/FIREBUILDING: 8. CITY ENGINEER'S REPORT: Tom Prew reported that he met with Mayor Hunt and Council member DeLapp to tour the new Well Number 2 Pump House. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 6 9. PLANNING LA A. Final Plat OP Planner Dillerud reported the Council approved the Preliminary Plat, Development Stage Plan, and CUP for this residential development of 19 single family lots on 59 acres on May 6, 2003. The documentation for the Final Plat has been reviewed by all outside consultants and staff. Attorney Filla prepared a Development Agreement that includes improvement cost estimated that has been reviewed and approved by the City Engineer. Pertinent conditions of the Preliminary Plat approval action have been addressed as follows: 1. A landscape plan has been submitted that provides for transplanted conifer screening of he structures along the west property line to enable substituting a 100 foot buffer for a 200 foot buffer. The Council can view the conifers that will be used/transplanted from 10a' Street, east of the site. 2. The Final Plat includes the ROW dedication along I Oh Street related to a turning lane. 3. Release of the telephone easement has been documented. 4. Recommendations of the City Engineer have been incorporated in the plans. 5. The Park Commission recommended park dedication fee ($70,000 per the appraisal) has been paid to the City. Planner Dillerud noted that a grading permit has been issued based on grading/erosion control plans approved by the City Engineer and VBWD, with escrows to both agencies in place. The City Engineer reviewed and approved all construction plans except the constructed wetlands wastewater plan and a monitoring plan. The Final Plat mylars will not be released to he developer by the City until those plans have been approved by the City Engineer; the Letter of Credit security has been received by the City (replacing the grading permit security); and the $16,159 Administrative Fee paid. The Council asked that a condition be added for placement of "Future Road Extension" signs which would alert potential buyers that these are not dead-end roads, but will be future extended roads. M/S/P DeLapp/Johnston — to adopt Resolution No. 2003-059, A Resolution Approving the Final Plat and Development Agreement for Whistling Valley added condition No. 2. Placement of "Future Road Extension" signs per approval of the City Planner. (Motion passed 4-0). B. Old Village Stud Council member Johnston said at the public forum on the Old Village Design Study he heard the majority comments on design version 3 and not design version 1. He suggested if the Council heard the same; the subject should be raised because the Planning Commission adopted Design Version 3 with a housing count of Version 1, 387 plus senior housing. Johnston question whether the 400 is enough, as 500 provides a base for LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 7 a viable downtown. DeLapp said we are ignoring the value of commercial property. Additional residential mixed with commercial is an important point that should be brought up stated DeLapp Mayor Hunt suggested a Council workshop with the Planning Commission and Old Village Commission to go through the options to get to the City's final goal by September. The workshop will be held on Monday, July 14, at 5 p.m. The Planner indicated the revised power point slides based on Planning Commission actions will be placed on the City's website by Thursday, July 3ra Council member Siedow heard the resident's major concern was to have a large sewer system. In his opinion, they liked the Old Village the way it is, and did not want 600 homes put in their backyard. Siedow pointed out the dryer at the lumberyard is loud and running all day and should be taken into consideration when adding more homes. 10. CITY ATTORNEY'S REPORT: Attorney Filla stated he rode past the Bodziak home and there was no change to the house. Filla said he has not received file information on the Bodziak or Hilyar house from Attorney Shoeberg. 11. CITY ADMINISTRATOR'S REPORT: A. City Administrator Position The Council received a copy of a letter recommendation from Springsted regarding the City Administrator position. The Council had requested Springsted provide their recommendation regarding that position by the end of June to provide guidance to the City Council as it considers recruiting of a new City Administrator. John Maxwell, Springsted, explained that combining the two positions, City Administrator and Finance Director, would have two advantages: one, the City would see cost savings because there would be one less executive position; and two, the City would be able to utilize the abilities of the acting finance director more efficiently. The Acting Administrator indicated that the staff has been functioning for the past 5 months on combining the duties of City Administrator with the strategic planning, budgetary, and oversight duties (not the day-to-day accounting duties) of Finance Director. He stated from what he has experienced during this transition period, a senior staffing arrangement such as recommended should work if qualified and experienced staff members fill the City Administrator and accounting positions. Council member Johnston stated he had concerns with checks and balances of a combined position. He wondered whether the City auditor that is selected and managed by the Council, is sufficient to guarantee the financial checks and balances. If so, he concluded, the Springsted recommendation was excellent. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 Council member Siedow thought it was a good idea to combine the duties, but wanted an outside professional firm to do the recruiting for such a position. Mayor Hunt suggested outsourcing the high finance and have the day-to-day accounting duties done at City Hall. The Mayor suggested the Council wait until Council member Dunn could be in attendance to make a decision. He thought the July 18 retreat might be an appropriate time to discuss this matter. The Council would be discussing the Springsted report at the August 5`h Council Meeting. Hunt suggested a possible workshop, cable, to go over the report. The Acting Administrator asked if he should invite the firms in for interviews. M/S/P Siedow/Johnston - to direct the Acting Administrator to invite the firms in for interviews to help recruit a new City Administrator, whether it is for two positions or one. (Motion passed 4-0.) B. Storm Water Utility The Acting Administrator provided materials on surface water utility dating from 1992- 1993, as well as March 2002 materials that were supplied by the City Engineer that updates financial information that can be used as a foundation for the Storm Water Utility. Council member DeLapp indicated the number of storm water units that a site has is related to the amount of impervious surface the site presents. Mayor Hunt added if the parcels are holding water on the site they will not be charged. Council member Johnston asked how is the user levied. The Acting Administrator explained staff can set up to 5,000 accounts in Springbrook and send out yearly statements. M/S/P Siedow/Johnston — to direct staff to come back with a proposal, reviewed by the city attorney, on preliminary projects, costs and charges for the July 15 Council meeting. (Motion passed 4-0). C. Create a Facilities Committee to Implement Facilities Plan Council member Johnston noted that interest rates are low, and we still have to do borrowing for building city facilities, so timing is important. The Facilities Committee was to be comprised of Council members Siedow and DeLapp, Planning Commission members, a MAC member and a Parks Commission member. Council member Johnston suggested 3 council members, 3 planning commission members, 3 at large members. The Committee should get started and look at financing. Dillerud stated he could invite Paul Donna in right away. Mayor Hunt asked we get that group but try to limit the diverse options with 2, not 3, from each Commission and suggested approach Bud Talcott, MAC, to get their recommendation. Council member DeLapp commented that a Chair could be rotated for each meeting. The general consensus was for the Committee to select its own Chairman. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 9 D. Strategy on Law Suit with Met Council The City Planner reported that it doesn't look like we are making progress toward a settlement strategy. Chair Bell called Mayor Hunt and asked if he and Mr. Weaver should meet with each council member. Bell also indicated to Mayor Hunt that there was a time limitation on offer on table. Council member Johnston said he considered this divide and conquer and was against it. He suggested that the City Planner put together a summary of Council opinions of the end game; and, what it means, as to what council members would agree to. This item was suggested to be used by Marilyn Condon as a case study for the July 18 Retreat. 12. CITY COUNCIL REPORTS: Mayor Hunt reported he received a letter from the Minnesota Department of Transportation, which is soliciting candidate projects in three project categories for federal funding for the years 2007 and 2008. Material available can be found on the Mn/DOT website, www.dot.state.inn.us/metro/federalfundine. Mayor Hunt and Acting Administrator Dillerud met with Senator Coleman's advisor and passed along their concerns. Mayor Hunt will participate in the VBWD plan workshop on July 31 at the Stillwater High School. Council member Johnston indicated he has volunteered for an AMM committee. D. Council Member Johnston: Community Improvement Committee Council member Johnston provided a mission statement for the Community Improvement - Commission. The Commission would report to the council. Membership on the commission would be at the pleasure of the Council and would be open to anyone who resides or work in Lake Elmo. The staff was asked to prepare a resolution for the July 15`h agenda establishing a Community Improvement Commission. The official membership of the commission will be five residents and interested applicants can apply to the Council. Letter to Citizen on City Stationery Council member Johnston would like to send a letter on City Stationery to Alison Hincheliffe for her support in saving the Lake Elmo Branch Library. The Council recommended that each council member develop their own personal stationery for such correspondence. The meeting was Adjourn at 10:00 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 10 Resolution No. 2003-057 Approving claims Resolution No. 2003-058 Releasing Charles Anderson from Pet cemetery conveyance Resolution No. 2003-059 Approving the Final Plat and Development Agreement for Whistling Valley Ordinance No. 97-120 Property Identification LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2003 11