HomeMy WebLinkAbout08-19-03 CCMMayor:
Lee Hunt
Lake Elmo City Council
Councilmembers:
3800 Laverne Avenue No.
Steve DeLapp
Tuesday
Lake Elmo, MN 55042
Susan Dunn
777-5510 777-9615 (fax)
Dean Johnston
August 199 2003
Chuck Siedow
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. Workshop : Discuss Options in Springsted Report
and Proposed 2004 Budget
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
August 5, 2003
3. PUBLIC INQUIRIESANFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
A. Fire Dept: Promote Bruce Cohen to Fire
bring the Council's attention any items not currently on the
agenda. In addressing the Council, please state your name and
Fighter
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
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 No. 2003-069: Approving
Claims
6. NEW BUSIlVESS
Lake Elmo City Council Agenda
August 19, 2003
pane 2
7. MAINTENANCE/PARK/FIREBUILDING:
A. Fire Dept: Lake Elmo Fire Relief
Association Audit
B. Building Dept: Update on Building
Activities — Jim McNamara
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Septic: Conroy at 7550 50a' Street
B. 201 System Connection Request:Roger
Johnson, 8048 Hill Trail
C. Carriage Station Tot Lot
9. PLANNING. LAND USE & ZONING:
C. Dillerud
A. CUP Amendments:Country Sun/Bergmann
10. CITY ATTORNEY'S REPORT:
J. Filla
A.
11. CITY ADMINISTRATOR'S REPORT:
C. Dillerud
A. Valley Branch Watershed District Board
Appointments
B. Highlands Trail Stop Sign
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Johnston
E. Council Member Siedow
MINUTES APPROVED: AUGUST 19, 2003
LAKE ELMO CITY COUNCIL MINUTES
AUGUST 5, 2003
1. AGENDA
2. MINUTES: July 15, 2003
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Highlands Trail Stop Sign (at Hytrail)
4. CONSENT AGENDA:
A. Resolution No. 2003-065 Approving Claims
B. Brown's Creek Watershed District Board Appointment
5. FINANCE
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Parks Department: Mike Bouthilet —Recommendations from Parks
Commission on:
(1) Resolution No. 2003-067 Awarding Bid for Carriage Station & Park
Ridge
(2) VFW Ballfield Lights
B. Fire Department: Update on Activities: Chief Malmquist
CITY ENGINEER'S REPORT:
A. Deer Pond Trail Drainage — Claim
B. Bid Opening/Award —Hill Trail Reconstruction Project
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2003-068 Moving Building Into City-5665 Hytrail Avenue N.
B. Amendments to the ATV Ordinance
C. Lake Elmo Fire Relief Association Audit (POSTPONED to 8/19/03)
D. 201 System Connection Request: 8048 Hill Trail; R. Johnson
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Budget Calendar
B. Facilities Committee Update
C. Conroy Septic System at 7550 50"' Street
12. CITY COUNCIL REPORTS:
Mayor Hunt called the meeting to order at 7:00 p.m. in the City Council Chambers.
PRESENT: Siedow, Dunn (arrived 7:10 p.m.), Hunt, Johnston, DeLapp, City Attorney
Filla, City Engineer Prew, Fire Chief Malmquist, Parks Supervisor Mike Bouthilet and
Acting Finance Director Tom Bouthilet.
1. AGENDA
Delete 9C. ; Add: 11. Update from Facilities Committee.
M/S/P Johnston/DeLapp - to approve the August 5, 2003 City Council agenda, as
amended. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003
2. MINUTES: July 15, 2003
M/S/P DeLapp/Johnston - to approve the July 15, 2003 City Council minutes, as
presented. (Motion passed 4-0).
3. PUBLIC INOUIRIES/INFORMATIONAL:
A. Public Inquiries
Gloria Knoblauch, Lake Elmo Library Ad Hoc Committee, thanked the City Council for
financing its booth at the Washington County Fair and thanked Mayor Hunt, Council
member Johnston and his wife and Dunn for working the booth acquiring signatures on
the petition.
Wyn John asked for Council permission, which he received, to set up a booth at the
pancake breakfast on August 9 and 10 at the Lake Elmo fire hall. Mr. John noted that
Committee has looked at rental space in Ethan Building, Brookfield 1 and Brookfield 2,
which is on second floor and has no elevator. No prefabricated buildings have been
considered. He asked for assistance from the City to get the County Library Board to
make a move.
B. Highlands Trail StopSign (at Hytrail)
Gene Warner provided the Council with a second petition for keeping a Stop sign at
Highlands Trail and Hytrail. In his opinion, Mr. Warner stated the stop sign was installed
because of a safety concern for the residence of the neighborhood, which includes two
deaf children and one with special needs. He said the majority of the residents living on
Highlands Trail and the immediate crossroads (59"' and Hytrail), feel the high volume of
traffic and the speed at which it travels is very real and needs to be addressed. The
Washington County Sheriff Dept. has installed a speed trailer.
David Austad, 5701 Hytrail, stated there are 18 kids in a one-half block Highlands Trail
is a cut through from Highway 36. He felt if the stop sign is taken down, then the speed
will get back up in the 40 mph.
Phil Prokop, 5690 Hytrail, stated the traffic has increased and speed is far in the excess of
the speed limit and recommended installing more signs to slow the traffic.
Andy Shell, 5449 Highlands Trail, complained about the stop sign. In his opinion the
traffic has not substantially increased over 23 years ago. This road is being used as a way
to Highway 36. He said it's time for parents to take responsibility to keep their children
out of the street.
Ann Fisher, 5620 Highlands Trail, encouraged the Council in keeping the sign because it
has helped slow down the speed. She thought installing the stop sign was to make a safer
street and not a quieter street. She asked what the logical argument would be to remove
the sign by people who do not live n the neighborhood other than inconvenience.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003 2
Debbie Dean, 8028 Hill Trail, stated the experts, MnDOT, engineers, have indicated stop
signs should not be used for speed control and have found that stop signs increase traffic
pollution. The stop sign is inconvenient, but in her opinion there is not a good reason to
have it there because it does not serve a purpose. A stop sign doesn't decrease the traffic
She asked the Council to please do a traffic study before the stop sign is kept. She had
talked to Mndot and there is a neighborhood traffic control program they take to
neighborhoods for traffic calming and none of the city's suggestions are traffic calming.
Dean asked what precedent is started for a stop sign erected on every street in Lake Elmo
to slow down the speed. She asked the Council if the study comes back not supporting a
stop sign, would the Council request the sign removed.
Mayor Hunt suggested the City invite Commander Tim Tuthill and Don Theisen,
Washington County Transportation in to a meeting for their suggested options. The stop
sign could be left until we received the data and receive a course of action from the
experts.
Council member Johnston stated the people closest to the stop sign seem to be responsive
to the help the sign has done in these three months.
Council member Siedow stated in general he was against stop signs. We have to get the
people to do the speed limit.
M/S/P Johnston/Dunn — to direct the staff to invite Washington County representatives;
Commander Tuthill and Don Theisen to a Council meeting in the next few weeks, and
ask residents interested in being invited to this meeting to contact Acting Administrative
Dillerud. (Motion passed 5-0.)
M/S/P Johnston/Siedow — to direct the staff to leave the stop sign erected pending any
future decisions by the council based on investigation of traffic calming for this area and
other areas in the City. (Motion passed 5-0.)
Council member Siedow stated this is not a permanent solution until it has been
evaluated, and we understand the ramification of keeping or removing the stop sign.
4. CONSENT AGENDA:
A. Resolution No. 2003-065 Approving Claims
M/S/P Siedow/DeLapp — to adopt Resolution No. 2003-065, approving Claim Number
156 which was used for payment of Sale and Use Tax, Claim Number 24113 was used to
transfer funds into investments. Claim Numbers 157,158, DD18 through DD22, 24114
through 24126, were used for staff payroll dated July 24, 2003 and Claim Numbers
24127 through 24185 that were used for Accounts Payable in the total amount of
$452,836.05. (Motion passed 5-0.)
M/S/P DeLapp/Johnston — to remove from Agenda Item 4B. from the Consent Agenda.
(Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003
B. Brown's Creek Watershed District Board Appointment
The Council discussed whether or not it was a conflict of interest for Mr. Freeman, who
is a surveyor and brings forth new development plats and then serves on the Brown's
Creek Watershed Board which gives plat approval. The Council noted that Mr. Freeman
was professional, and looked out for the best interest of the Watershed and would remove
himself if a plat was in conflict with the Watershed guidelines.
M/S/P Siedow/Dunn - to direct staff to advise Washington County that the City desires
Tim Freeman to be considered for reappointment to the Browns Creek Watershed District
Board; and that the City encourages and supports the reappointment of Mr. Freeman.
(Motion passed 5-0).
5. FINANCE
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Parks Department : Mike Bouthilet —Recommendations from Parks
Commission on:
(1) Resolution No. 2003-067 Awarding Bid for Carriage Station &
Park Ridge
Bob Schumacher, Chair of the Parks Commission, reported the Parks Commission
recommended the Council reject the bid for Carriage Station because they would be
spending 31 percent of the parks budget for an exclusionary park. It was suggested to
separate the $45,000 from the bid for contracting improvements for Ridge Park. If the
contractor doesn't accept the amendment to the bid, then the City would have to rebid.
M/S/P DeLapp/Dunn — to adopt Resolution No. 2003-067 awarding the contract for
improvements to Ridge Park to Hoffman and McNamara Co. in the amount of
$45,003.50 as recommended by the City Engineer and Parks Commission with the
funding source to be the Park Dedication Fund. (Motion passed 5-0).
Chairman Schumacher stated the Parks commission is in favor of developing the Carriage
Station into a tot lot. Park Supervisor Bouthilet noted that the City has fill stored on the
Olinger property which could be used and covered with topsoil. The price would be
higher if we didn't have the fill.
(2.) VFW Ballfield Lights
Chairman Schumacher stated lights would take out 25 percent of the park budget. The
Parks Commission recommended that this wait until the Old Village Neighborhood
Study, which should be completed in 30 days, because the plan calls for both VFW and
Lions Park being resituated to the east of their present location. It did not make sense to
put the lights to bid if the park might not remain where it is today.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003
M/SIP DeLapp/Siedow - to postpone consideration of the VFW ball field light project
until the proposed Old Village Neighborhood plan is completed. (Motion passed 5-0).
Council member DeLapp indicated he has not seen anything to justify moving the VFW
field anywhere else. Council member Siedow said he was not in favor of moving Lions
nor VFW.
B. Fire Department Update on Activities: Chief Malmquist
Chief Malmquist reported the Dept. will have their pancake breakfast during Huff N
Puff. They would have 2 or 3 crews out for National Night Out and that he would like to
see the City get more involved and take a more proactive approach.
M/SIP DeLapp/Dunn — to reschedule the first meeting in August to Wednesday so the
Council can participate in National Night Out. (Motion passed 5-0).
S. CITY ENGINEER'S REPORT:
A. Deer Pond Trail Drainage — Claim
In 2002 the Council directed corrections to street drainage involving the property at 8206
Deer Pond Trail. Those corrections have been completed by the City at its own expense.
Philip Simonet has submitted a claim for repairs to his drainfield that he advises were
required as the result of the drainage problems that have not been corrected.
M/S/P Siedow/DeLapp - to refer the claim to the City's insurance carrier for investigation
pending outcome of granting a release of claims. (Motion passed 5-0).
M/S/P DeLapp/Siedow — to Move Item 9B. to be discussed. (Motion passed 5-0).
9B. Amendments to the ATV Ordinance
The Council referred a list of citizen -suggested amendments to the ATV Ordinance to the
Planning Commission for consideration and recommendations. The Commission
considered these suggested amendments and voted 5-3 to advise the Council that the
commission dos not believe that the suggested amendment to the ATV ordinance should
be considered; and, that the Council should take no further action with regard to the
suggested amendments.
Mayor Hunt suggested that a group of concerned citizens on both sides of the issue get
together and see if a compromise could be reached. The City has used a citizen group to
create a compromise ordinance in the past. It reached a compromise when some residents
were concerned about water skiing on local lakes.
Two Residents from the Fields of St. Croix Open Space Development were in favor of
some restrictions citing issues with noise and property damage. Council member Dunn
pointed out the Washington County Board will consider restrictions on ATV use in
county highway right of way.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003
The Council decided to refer the ATV issue to the newly established Community
Improvement Commission and once it begins to meet, members will tackle the ATV
ordinance. The ATV issue centers around use of the motorized vehicles on small lots in
densely populated areas.
M/S/P DeLapp/Siedow — to refer the ATV issue which centers around use of motorized
vehicles on small lots in densely populated areas to the newly established Community
Improvement Commission and publish commission vacancies in the newsletter. (Motion
passed 5-0).
Washington County Deputy Jamie Jackson introduced herself as the new deputy on the
Lake Elmo contract.
B. Bid Opening/Award —Hill Trail Reconstruction Project
Tom Prew reported the City received two qualified bids with the lowest responsible
bidder being T.A. Schifsky at $401,646.35.
Attorney Filla reported he reviewed the two drainage easements and the old bridal path
that may have been intended to be a horse path. He will be going to the County records
office to get recording documents.
Bud Talcott, Hill Trail resident, indicated the City didn't have a legal easement to go to
the lake so asked where the water will go. Tom Prew answered that the water flows
along the curbs and remains in the same location as it does now. Prew noted the City did
a topographic survey. Mr. Talcott responded that by putting up curbs on the road you are
exasperating the problem of the pond.
Tom Prew reported that by the Burgess property the existing drawing showed the road
went over his property, but the new road will not, so the alignment of the road has been
done according to the survey. He said a new grade was set on the road so for the most
part the existing driveways will drain. The 100 year storm event will have the same
consequences now as before the road was reconstructed.
M/S/P Johnston/Siedow — to adopt Resolution No. 2003-066, awarding the Hill Trail
Reconstruction Project to T.A. Schifsky & Sons as the lowest responsible bidder in the
amount of $401,646.35 (Motion passed 4-1:Dunn stated cost of the project was more than
anticipated, no improvements for water drainage and has a hard time destroying land for
a road.)
9. PLANNING, LAND USE & ZONING:
A. Resolution No. 2003-068 Moving Building Into City — 5665 Hvtrail Avenue N.
At its July 28 meeting, the Planning Commission unanimously adopted a
recommendation to approve an after -the -fact application by Jerome & Tracy Pierre to
move a 624 square foot garage structure to their home site at 5665 Hytrail Avenue. The
structure was transported to the Hytrail property without the benefit of prior approval, but
LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003 6
the structure remains on the transporting trailer pending the outcome of this after -the -fact
application. The applicant's only apparent option for location will technically violate the
city code provision that prohibits accessory structures from being located closer to the
front property line than the principal structure. The builder chose to physically face the
home on Hytrail, but the Highlands Trail site of the lot is actually the front by section 150
definitions (shortest street frontage on a corner lot). This code provision may be waived
by Council resolution.
M/S/P Dunn/Johnston — to adopt Resolution No. 2003-068, approving an after -the -fact
application by Jerome and Tracy Pierre to move into the City a 624 square foot structure
to their tax lot at 5665 Hytrail Avenue, based on the recommendation and subject to the
conditions of the Planning Commission; and, to approve a waiver from the terms of
Section 300.13 Subd. 3I. of the City Code regarding the location of accessory structures
closer to the front lot line than a principal structure. (Motion passed 5-0:Council member
DeLapp indicated he was supportive of this request as long as the garage is a residential
use and not used as a business).
B. Amendments to the ATV Ordinance (Agenda Item moved)
C. Lake Elmo Fire Relief Association Audit (POSTPONED to 8/19/03)
D. 201 System Connection Request: 8048 Hill Trail; R. Johnson
Roger Johnson, 8048 Hill Trail, has requested connection to the Tri-Lakes Remote C 201
system. The Planner noted the request appears timely from the perspective of the
upcoming Hill Trail reconstruction project (the home is on the opposite side of Hill Tail
from Remote C), there may be capacity issues with Remote C, and, also issues with
compliance with implied City Policy regarding connection to 201 systems. The implied
policy is that the 201's were originally intended to serve private septic systems that had
already failed at the time the 201 systems were constructed; and, to have capacity to
accommodated homes in the immediate vicinity of the 201, when their systems actually
failed, and no replacement option was possible on the failed system's lot. Mr. Johnson
was asked to demonstrate to the City Engineer that he cannot locate a replacement septic
system on his own property at such time as his existing system may fail.
Roger Johnson said he talked to the Building Official about adding to the garage closer to
street and raising it up. He said according to the Building Official the septic system is 27
years old and even though it's not failing now, he would have trouble with the system in
the future. Council member Siedow said if the system is not failing he would not vote for
this.
M/S/P Johnston/Dunn — to direct the City Engineer and staff to determine the unused
capacity and expansion capabilities of the Tri-Lakes "Remote C" 201 system; and,
requesting Roger Johnson to coordinate with the City Engineer regarding the potential for
Mr. Johnson to construct a replacement septic system on his property with a report to
Council on both matters on August 19. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003 7
10. CITY ATTORNEY'S REPORT:
Attorney Filla reported he would be preparing a complaint on the unfinished house to be
served on the Lake Elmo property owner, who will have 20 days to respond.
Conroy Septic System Failing: 7550 50th Street
Mr. & Mrs. Conroy indicated they were promised by the Acting City Administrator that
they would be on this Council agenda to request permission to connect to the City of
Oakdale's sanitary sewer system. They have had two site evaluations done in order to
locate an area for a replacement system and none have been found.
M/S/P Dunn/Siedow — to direct staff to prepare an analysis on location of septic system
for 7550 50'h Street for the August 19"' meeting. (Motion passed 5-0).
11. CITY ADMINISTRATOR'S REPORT:
A. 2004 Budget Calendar
The Council received the 2004 Budget Preparation cover memo to all budget responsible
City employees and a schedule for the preparation, review and adoption of the
preliminary 2004 General Fund Budget, and the preliminary General Fund Levy. Budget
Workshops are scheduled for August 19 and August 26, 2003.
B. Facilities Committee Update
Council member Siedow stated he was voted Chairman of this committee. The
Committee discussed combining facilities and bonding. It needs architectural work and
sites before bonding can be done. The Met Council decision could have an affect on this
if METC prevails because there would be more people coming into the City. The Planner
was to provide available sites for the next meeting.
12. CITY COUNCIL REPORTS:
Council member Dunn reported she attended the Highway 5/Baytown Task Force
meeting and the Valley Branch Watershed Meeting at the Stillwater High School. She
also worked at the booth for the Lake Elmo Library Committee at the Washington
County Fair. She informed staff she received a request from Mr. Moline; Klondike
Avenue, for a "Children Present" sign.
Council member Johnston volunteered to serve on the Association of Metropolitan
Municipalities committee responsible for revising legislation. There are only two small
communities represented out of the ten. He thought this would be an opportunity to
change MMC strategy and invite smaller cities join in our strategy.
Adjourn at 10:05 p.m.
-----------------
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2003-065 Approving Claims
Resolution No. 2003-066 Award Hill Trail Reconstruction Contract to T.A. Schifsky
Resolution No. 2003-067 Award Contract to Hoffman & McNamara for improvements to
Ridge Park
LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2003