HomeMy WebLinkAbout08-05-03 CCMMayor:
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Dean Johnston
Chuck Siedow
Lake Elmo City Council
Tuesday
August 5, 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.
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
July 15, 2003
3. PUBLIC INQUIRIES/INFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the
A. Public Inquiries
agenda. In addressing the Council, please state your name and
B. Highlands Trail Stop Sign (at Hytrail)
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. Resolution No. 2003-065:Approving Claims
be routine by the City Council and will be enacted by one motion
under a Consent Calendar format. There will be no separate
B. Brown's Creek Watershed District Board
discussion of these items unless a Council member so requests, in
Appointment
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
6. NEW BUSINESS
7. MAINTENANCE/PARK/FIRE/BUILDING:
A Parks Department: Mike Bouthilet-
Recommendations from Parks Commission on:
(1) Resolution 200.3--047-Awarding Bid for
Carriage Station & Park Ridge, Grading & Trail
Improvements
(2) VFW Ballfield Lights
Lake Elmo City Council Agenda
August 5, 2003
Page 2
B. Fire Department: Update on
Activities:Chief Malmquist
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Deer Pond Trail Drainage — Clai
B. Bid Opening/Award — Hill Trail 6
Reconstruction Project
9. PLANNING. LAND USE & ZONING:
C. Dillerud
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
D. 201 System Connection Request:
8048 Hill Trail; R. Johnson
10. CITY ATTORNEY'S REPORT:
J. Filla
A.
11. CITY ADMINISTRATOR'S REPORT:
C.Dillerud
A. Budget Calendar
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn -
D. Council Member Johnston
E. Council Member Siedow
August 6, 5 p.m.:Council Workshop -
Management and Organizational
Study Presentation - Springsted
Executive Session: Met Council
Litigation
MINUTES APPROVED: AUGUST 5, 2003
LAKE ELMO CITY COUNCIL MINUTES
JULY 15, 2003
6:00 P.M. Interview Recruiting Firms
1. AGENDA
2. MINUTES: July 1, 2003
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Huff Puff Proclamation, Request for Liquor License and Waiver of
Fees for Lights: Lake Elmo Jaycees
4. CONSENT AGENDA:
5. FINANCE:
A. Resolution No. 2003-060 Approving Claims
NEW BUSINESS:
MAINTENANCE/PARK/FIRE/BUILDING:
A. Parks Department: Update on Park Activities and Buckthorn Eradication:
Mike Bouthilet
B. Fire Department: Update on Activities by Fire Chief Malmquist
(DELETED)
C. Building Department: Update on Activities; Adopt Ordinance 97-121
Adopting the Minnesota Building Code
8. CITY ENGINEER'S REPORT:
A. Resolution No. 2003-061:Partial Payment No. 1 to Allied Blacktop
9. PLANNING, LAND USE & ZONING:
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Surface Water Utility
B. Resolution Establishing Community Improvement Commission
12. CITY COUNCIL REPORTS:
Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers.
PRESENT: Siedow, Hunt, Johnston, DeLapp, Attorney Filla, Parks Supervisor/Acting
Public Works Supervisor Mike Bouthilet, Acting Finance Director Tom Bouthilet, City
Engineer Tom Prew, Building Official Jim McNamara and Acting City
Administrator/Planner Chuck Dillerud. ABSENT: Council member Dunn.
1. AGENDA
M/S/P Johnston/DeLapp - to approve the July 15, 2003 City Council agenda, as
amended.(Delete 7B.) (Motion passed 4-0).
2. MINUTES: July 1, 2003
M/S/P Siedow/DeLapp - to approve the July 1, 2003 City Council Minutes, as amended.
(Motion passed 4-0).
LAKE ELMO COUNCIL MINUTES JULY 15, 2003
3. PUBLIC INOUIRIES/INFORMATIONAL:
A. Huff N Puff Proclamation, Request for Liquor License and Waive of Fees
for Lights: Lake Elmo Jaycees
MAYOR HUNT PROCLAIMED AUGUST 7-10, 2003 AS HUFF'N PUFF DAYS IN
THE CITY OF LAKE ELMO.
Eric Soerens, President of the Lake Elmo Jaycees, along with members, Jeff Berg, Linda
Wagner, Trisha Olson, requested the Council approval of the on -sale non -intoxicating
liquor license and waive the fees for the license and the ballfield lights.
M/S/P Siedow/DeLapp - to proclaim August 7-10, 2003 as Huff N Puff Days, to approve
an on -sale non -intoxicating liquor license for this annual festival contingent on approval
of the Washington County Sheriff; and, to waive the fees for the liquor license and the
ball field lights. (Motion passed 4-0).
Wyn John, Ad Hoc Library Board Committee, asked that the City proceed with the Bond
issue for the library before the interest rates are on the rise.
4. FINANCE:
A. Resolution No. 2003-060 Approving Claims
M/S/P Johnston/DeLapp - to adopt Resolution No. 2003-060, A Resolution Approving
Claim Numbers 154, 155, DD11 through DD17, 24018 through 24054, which were used
for Fire Dept./Staff payroll dated July 10, 2003 and Claim Numbers 24055 through
24112 in the total amount of $141,950.47. (Motion passed 4-0).
Council member DeLapp stated be would like the computer spamming on the City Web
Site that he believed was originating from Next Genesis to be stopped.
5. NEW BUSINESS:
6. MAINTENANCE/PARK/FIRE/BUILDING:
A. Parks Department: Update on Park Activities and Buckthorn Eradication:
Mike Bouthilet
Mike Bouthilet reported that buckthorn eradication has been an ongoing battle by the
Parks Commission. He asked the Council for direction: what kind of funding could be
available; and, the degree and type of emphasis the Council desires on eradication.
Council member DeLapp suggested this item go to the Environmental Committee for
them to come back with a recommendation on buckthorn control and eradication.
Jeff Berg, Washington County Soil and Water Conservation, explained that with
buckthorn control you start with education. This could be by utilizing the City newsletter
to help residents identify what is buckthorn, and how they can control it. Berg noted
buckthorn eradication is not a quick and simple process, but rather a long term plan and
program.
LAKE ELMO COUNCIL MINUTES JULY 15, 2003
M/S/P DeLapp/Siedow — to request Mike Bouthilet to meet with the Environmental
Committee on how the City should deal with buckthorn eradication; and, to come up with
a recommendation with approximate cost of a program in a report back to the Council in
30 days. (Motion passed 4-0.)
B. Fire Department: Update on Activities: Chief Malmquist: DELETED
C. Buildine Department: Update on Activities (1) Adopt Ordinance 97-121
Adopting the Minnesota Building Code
Jim McNamara reported the State of Minnesota had finished the code review process in
April; and did adopt the 2000 ICC Building Code. Because of the new international
codes, it will be the first time that the entire United States will be governed by one set of
building codes. Each state does have the ability to amend the code if they feel it is
necessary because of more restrictive requirements in their state.
M/S/P Johnston/DeLapp - to adopt Ordinance No. 97-121, adopting the Minnesota State
Building Code. (Motion passed 4-0.)
McNamara reported that in the month of June, there were six new residential permits
issued, and no new commercial permits.
7. CITY ENGINEER'S REPORT:
A. Resolution No. 2003-061:Partial Payment No. 1 to Allied Blacktop
The City Engineer reported that Allied Blacktop has completed the 2003 Seal Coating
Project, and he recommended approval of Partial Payment No. I in the amount of
$120,975.85.
M/S/P Johnston/DeLapp — to adopt Resolution No. 2003-061, A Resolution Approving
Partial Payment No. 1 to Allied Blacktop in the amount of $120,975.85 for work
completed on the 2003 Seal Coat Project, as verified by the City Engineer in his memo
dated July 10, 2003. (Motion passed 4-0).
8. PLANNING, LAND USE & ZONING:
9. CITY ATTORNEY'S REPORT:
Attorney Filla gave a summary on code enforcement work on building related matters
and on the hazardous building statute in reference to a home in the City. He reported that
if a building is determined to be hazardous, the City Building Official would notify the
property owner, and the property owner has 20 days to respond. If the property owners
disagree with the Building Official, then it goes to district court.
Filla reported that he had spoken with the owners of the subject property; and, they told
him that windows and siding had been ordered. Mayor Hunt asked if the City could ask
for a receipt for materials, windows and siding, and a potential ship date of these
materials. This would show a good faith effort by the property owners to complete the
exterior work on the home.
LAKE ELMO COUNCIL MINUTES JULY 15, 2003
M/S/P DeLapp/Siedow - to give the City Attorney and Building Official authorization to
proceed as suggested, if they determine there is a reasonable chance that the material
would be acquired and installed in the 6 week time frame. If that is not the case, and/or
no progress is demonstrated by the property owners in 6 weeks, they are directed to take
the alternative course of action that they deem best. (Motion passed 4-0).
Attorney Filla explained that if the property owner cannot satisfy us, he will amend the
2002 litigation pleadings regarding this property to include the city code violations and
the property owners will have 20 days to respond.
10. CITY ADMINISTRATOR'S REPORT:
A. Surface Water Utility
The City Engineer provided an update on the Surface Water Utility cost analysis. He had
reviewed the proposed drainage projects shown in the City's Comprehensive Plan, along
with the Land Use Inventory. The major project envisioned in 2003-2005 consists of
preparing a report for the creation of a large storm water pond/wetland to treat the runoff
generated by the Old Village Area. Once the pond is complete, a storm sewer system can
begin to be constructed for the Old Village Area. Other surface water utility costs
include annual maintenance activities and management of the system.
Council member Johnston explained that the Environmental Committee spent 2002
coming up with the underlying justification for this surface water utility; and, recognized
this policy was long past due, and would allow us to address some old problems.
M/S/P Johnston/Siedow — to adopt Ordinance No. 97-122, An Ordinance Adding Chapter
750 to the Lake Elmo Municipal Code Relating to the Creation of a Surface Water
Management Utility. (Motion passed 4-0.)
M/S/P Johnston/Siedow — to adopt Resolution No. 2003-062, A Resolution Establishing
City Policy on Operation of Surface Water management Utility. (Motion passed 4-0).
M/S/P Johnston/Siedow — to adopt Resolution No. 2003-063, A Resolution Establishing
the Surface Water Management Utility Rates. (Motion passed 4-0).
B. Resolution Establishing Community Improvement Commission
On July 1, 2003, the Council directed the City Attorney/Staff to prepare a Resolution
establishing a Community Improvement Commission to be presented for adoption at the
July 15"' Council meeting. Attorney Filla provided a draft Resolution to create the
Commission.
Council member Johnston stated he will work with the commission to operate in a well
documented manner. This commission will have a budget, and there will be minimal
staff involvement required.
LAKE ELMO COUNCIL MINUTES JULY 15, 2003
M/S/P Johnston/Siedow — to adopt Resolution No. 2003-064, A Resolution Establishing
an Ad Hoc Lake Elmo Community Improvement Commission comprised of 7 members
approved by the City Council. (Motion passed 4-0.)
M/S/P DeLapp/Johnston - to direct the staff to prepare a short questionnaire to be sent to
applicants; and, advertise for members to serve on the Community Improvement
Commission. (Motion passed 4-0)
10. CITY COUNCIL REPORTS:
Mayor Hunt reported there was good discussion and attendance at the July 8th Open
Forum on the Old Village Housing Study. There will be a workshop on Monday, July
21, with the Council and Planning Commission/Old Village Special Projects to discuss
the planning options.
Planner Dillerud asked that the Council recognize the amount of work and Public input
the Planning Commission had put into this Old Village Study Plan.
Adjourn at 8:45 pm.
------------------------------
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2003-060 Approving Claims
Resolution No. 2003-061 Approve Partial Payment No. 1 to Allied Blacktop for 2003
Seal Coat Project
Resolution No. 2003-062 Establishing City Policy on Operation of Surface Water
Management Utility.
Resolution No. 2003-063 Establishing the Surface Water Management Utility Rates
Resolution No. 2003-064 Establishing an Ad Hot Lake Elmo Community Improvement
Commission
Ordinance No. 97-121 Adopting the Minnesota State Building Code
Ordinance No. 97-122 Adding Chapter 750 to the LE Code relating to the creations of a
Surface Water Management Utility.
LAKE ELMO COUNCIL MINUTES JULY 15, 2003