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HomeMy WebLinkAbout09-02-03 CCMMayor: Lee Hunt Lake Elmo City Council Councilmembers: 3800 Laverne Avenue No. Steve DeLapp Tuesday Lake Elmo, MN 55042 Susan Dunn �1 777-5510 777-9615 (fax) Dean Johnston September 2 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. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes August 19, 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. Results of Radar Traffic and Speed Analysis address for the record, and a brief summary of the specific item on Highlands Trail N.: Commander Tuthill and being addressed to the Council. To allow adequate time for each Don Theisen 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 motion A. Lake Elmo Avenue/State Highway 36 under a Consent Calendar format. There will be no separate Signal Maintenance Agreement 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. 2003-071, Approving Claims B. (1) Set TNT Public Hearing Date (2) Proposed 2004 Budget (3) Resolution No. 2003-072 Adopting 2003 Levy Limit 6. NEW BUSINESS Lake Elmo City Council Agenda September 2, 2003 Paee 2 7. MAINTENANCE/PARK/FIRE/BUILDING: A Update on Fire Dept. Activities: Chief Malmquist 8. CITY ENGINEER'S REPORT: Tom Prew A. Sewer Connection — 7550 50`h Street North (Conroy) 9. PLANNING, LAND USE & ZONING: C. Dillerud A. 10. CITY ATTORNEY'S REPORT: J. Filla A. 11. CITY ADMINISTRATOR'S REPORT: C.Dillerud A. Springsted M&O Study Recommendations B. Request for Temporary Street Closure — Christ Lutheran Church 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow APPROVED MINUTES: September 2, 2003 LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 2003 1. AGENDA 2. MINUTES: August 5, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Fire Dept: Promote Bruce Cohen to Fire Fighter B. Update by Washington County Deputy Jackson C. Set Budget Workshop 4. CONSENT AGENDA 5. FINANCE: A. Resolution No. 2003-069: Approving Claims 6. NEW BUSINESS: 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: A. Septic: Conroy at 7550 50th Street B. 201 System Connection Request: Roger Jolmson, 8048 Hill Trail C. Carriage Station Tot Lot 9. PLANNING, LAND USE & ZONING: A. CUP AMENDMENTS: Country Sun/Bergmann 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Valley Branch Watershed District Board Appointments B. Highlands Trail Stop Sign 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, Public Works Supervisor Dan Olinger, Planner Dillerud, Attorney Filla, Acting Finance Director Tom Bouthilet, and Building Official Jim McNamara. 1. AGENDA ADD: 3C. Set a Budget workshop at 5 p.m., 3B. Report from Deputy Jackson M/S/P Johnston/Dunn — to approve the August 19, 2003 City Council Agenda, as amended. (Motion passed 5-0.) 2. MINUTES: August 5, 2003 M/S/P Siedow/Johnston — to approve the August 5, 2003 City Council Minutes, as presented. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 2003 3. PUBLIC INOUIRIESANFORMATIONAL: A. Fire Dept: Promote Bruce Cohen to Fire Fighter Chief Malmquist and Assistant Chief Winkels announced Bruce Cohen had completed Fire Fighter 1 course and presented him with the official Fire Fighter Badge number 75. The Council congratulated and welcomes Fire Fighter Bruce Cohen to the Lake Elmo Fire Department. B. Washington County Deputy Jamie Jackson reported there were 634 calls for service for the month of July, 134 citations for petty misdemeanors, and officers had driven over 10,000 miles providing services to Lake Elmo. C. Budget Workshop The Council set a Budget Workshop for August 26, from 5 -7 p.m. 4. CONSENT AGENDA 5. FINANCE: A. Resolution No. 2003-069 Approving Claims M/S/P DeLapp/Siedow — to adopt Resolution No. 2003-069 approving claim numbers 159, 160, DD23 through DD29, 24186 through 24223, were used for Fie Dept./Staff payroll dated August 7, 2003 and Claim Numbers 24224 through 24279 in the total amount of $270,393.91. (Motion passed 5-0). 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Dent.: Lake Elmo Fire Relief Association Audit Fire Relief Association President Brad Winkels provided a copy of the 2002 Audit and a letter from Tautges, Redpath, and the Association's audit firm. Tautges and Redpath have certified that the 2004 City Fire Relief Pension Fund contributions are required to be $41,995. The addition of six new fire fighters has contributed to the increased deficiency, and City contribution in 2004. President Winkels was asked to get an estimate as to what the City might expect for insurance compensation should the City initiate a charge for Fire Department calls in some instances, as had been recently recommended by the Springsted M&O Report. M/S/P DeLapp/Durm — to acknowledge receipt of the Lake Elmo Relief Association 2002 audit; and, acknowledge the 2004 required City contribution to the Relief Association Pension Fund of $41,995. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 2003 2 B. Building Dept: Update on Building Activities — Jim McNamara The Building Official reported there were six new residential permits issued for the month of July. 8. CITY ENGINEER'S REPORT: A. Septic at 7550 50 Street N. - Conroy The Council tabled this matter from the August 5 meeting to accommodate research by the City Engineer regarding the property owner's on -site septic replacement options; and the general feasibility of an off -site "201 type" system. City Engineer, Tom Prew, reported he met with the property owner and reviewed the building site. The house was built in 1990 and the septic system was placed in an area that was partially filled with poor soils. The remainder of the lot was filled and is not suitable for a drainfield. The homeowner is currently having problems with the system during the spring thaw and during heavy rains. In his judgment, the City engineer thought the properties on either side of this property maybe in the same situation; and, any solution should include some thought about these properties as well. The property owner had two site evaluations done in order to locate an area for a replacement system. Options available include: Location of a drainfield off -site. The City Engineer was not aware of any city - owned property in this part of the city. The homeowner (or the City) would need to acquire private property in which to place a drainfield. Soil is better on some of the large lots behind the property. 2. Connection to the City of Oakdale's sanitary sewer system. There is a sewer pipe on Helmo Avenue about 100 feet from 50th Street. The property owner (or the City) may need a lift pump in order to reach it. The city engineer of Oakdale said there would not be a problem for this property owner to hook up to City of Oakdale's sewer. Council member Johnston voiced his concern that once they let sewer into the city sets a precedent for others to request sewer. There are several properties that could be subdivided if they request sewer from Oakdale. Attorney Filla responded this is not a legal question. By allowing one system you do not create any legal problems that you don't already have. Filla added that because you extend this sewer for this property owner, it would not set a precedent as long as you describe why it is not binding on future requests, even if you encounter the same conditions. Filla stated this neighborhood could request to be annexed to Oakdale. LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 2003 Council members Johnston and DeLapp suggested asking our Met Council attorney if there is any problem with a Lake Elmo property owner connecting to the Oakdale sewer, and if not go ahead. Council member Dunn stated the intent is not to permit subdividing, but to help with a failing system. M/S/P DeLapp/Siedow — to direct the staff to proceed with a Joint Powers Agreement with Oakdale for hookup of the Conroy home to the Oakdale/Metro sanitary sewer; and direct the City Engineer to get an estimate cost, if there is no problem expressed by Attorney Nowlin. If there is a potential problem, set this as an agenda item for September 2"d. (Motion passed 5-0.) B. 201 System Connection Request: Rover Johnson, 8048 Hill Trail On August 5 the Council tabled a request by Roger Johnson to have a pipe installed under Hill Trail as a part to the street reconstruction project that would enable his residence across the street from the "Remote C" 201 system to connect to that system at such time as his on -site system fails. Staff reported that the Johnson on -site system has not failed yet. The Council had previously requested a report from the City Engineer as to the existing capacity of Remote C; and, the feasibility of expanding the capacity of Remote C. Tom Prew reported the drainfield was designed for 600 gallons per day or one 3-bedroom house. A few years ago, a second home was added to this drainfield. He reported that, while the present system is at capacity, there appears to be room on -site to expand this treatment system. Prew noted that in the past the Council has allowed connections to the 201 system for properties where the septic system was failing, and there was not another location on the property to build a new system. If the future connection was allowed, Prew recommended a $3,900 system connection charge as part of the approval, and that the 201 drain field is expanded to prevent overloading. Prew added that it would cost $1000 to place this pipe under the street. The Acting Administrator recommended that the pipe and installation be an expense of the Sewer Enterprise Fund so that it is clear that the access to the Remote C 201 System is available to any property east of Hill Trail with a future failed ISTS, and no on -site option for wastewater treatment. Council member Dunn stated Mr. Johnson doesn't have a problem with his septic system now. It is just esthetics for his driveway. Mr. Johnson should look for room to replace it on his own property. M/S/P Johnston/Siedow - to direct the City Engineer to modify the Hill Trail street plans to include a sewer pipe under Hill Trail for future potential access to the Remote C System, at a cost of $1000 to be taken out of the Sewer Enterprise Fund. There is no guarantee that the City will expand Remote C; and, the City will demand on -site upgrades before considering access to Remote C. (Motion passed 4-1:DeLapp stated the financing is not proper.) LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 2003 4 C. Carriage Station Tot Lot Park Superintendent, Mike Bouthilet, reported that he has worked with the City Engineer to develop an alternative approach to the Carriage Station tot lot project — which was rejected for 2003 total construction due to high costs. Mr. Prew reported on a scaled down plan to accomplish two goals: 1. Get the project at least started in 2003. This will provide some time for turf to establish. 2. Get the street sweepings moved off of the land that the City now leases. Essentially those sweepings are all the remains on the leased parcel. With that material removed (and used for fill at the Carriage Station tot lot site), the City will no longer need the lease space. Prew reported there was no quorum at the August 18th parks meeting. M/S/P DeLapp/Johnston — to begin work on an alternate project approach for Carriage Station tot lot as presented in Tom Prew's letter on August 14, 2003. (Motion passed 5- 0). 9. PLANNING, LAND USE & ZONING A. CUP Amendments Country Sun/Bergmann The City Planner reported at its meeting of August 11, 2003, the Planning Commission adopted a recommendation to approve an amendment to the existing CUP for Country Sun Farm to add an incidental and subordinate use of the sale of carnival and snack foods and beverages. The approval recommendation is subject to conditions related to establishing a quantitative base line for the additional use; fix the seasonal nature of the use; and, to control parking within the State Highway 36 right of way. A companion application by Mr. Bergmann to rearrange property lines on the contiguous 50 acres under single owner was tabled pending a correction to the Hearing Notice. Council member DeLapp suggested that if the owner were going to be given additional rights on his CUP that the city should require that in turn the owner improve the visual character of the CUP by landscape screening from TH36, which is required of other Ag CUP holders. M/S/P Dunn/Johnston — to adopt Resolution No. 2003-070, approving an amendment to the CUP of Country Sun Farm/Bergmann to include the sale of food and beverages, as recommended by the Planning Commission and subject to conditions. (Motion passed 5- 0). Attorney Filla pointed out the legal description for the CUP has to be amended. LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 2003 10. CITY ATTORNEY'S REPORT: The Building Official reported there has been no change on the house located on Hidden Bay Trail. Attorney Filla stated the answer from the property owners to his formal complaint is Friday, 22°d or Monday, 25`h, and, he has not heard anything from the property owners or their attorney. Attorney Filla asked Deputy Jackson if he could receive the number of citations to make a correlation to cases open. 11. CITY ADMINISTRATOR'S REPORT A. Valley Branch Watershed District Board Appointments The City received a letter from Washington County indicating that the term of office for Dale Borash, West Lakeland Township, will expire on November 13, 2003 on the Valley Branch Watershed District. M/S/P DeLapp/Dunn — to recommend reappointment of Dale Borash, as incumbent Manager, Valley Branch Watershed District Board. (Motion passed 5-0). B. Highlands Trail Stop Sign The Acting City Administrator reported that Washington County Sheriff Commander Tuthill and Don Theisen, Washington County Transportation, will report with the results of the radar traffic and speed analysis on Highlands Trail North at the September 2"d Council meeting. On Wednesday, August 27, 6 p.m., there will be a resident's Preconstruction meeting on Hill Trail at City Hall, 12. CITY COUNCIL REPORTS: Mayor Hunt thanked the members of the Fire Department that showed up to help the City softball team win in the bottom of the last inning during Huff Puff Days. Council member DeLapp reported Bill Pulkrabek had a fundraiser at the City Center Park in Woodbury, which he attended. He said that he, Gloria Knoblauch and Wyn John all spoke separately with Steve Swiggum, Speaker of the House, who stated he was totally opposed with the Met Council having any say on our land use; and, he noted that Rep. Eric Lipman is doing a great job supporting the City in regard to the Metropolitan Council issues. He also reported that an Eagle Scout wants a project to plant trees at Pebble Park. He said the Scout has been planning his project with Parks Supervisor Mike Bouthilet. Council member Dunn reported that she had attended the Highway 5 Task Force meeting at Baytown Township. There are temporary signs located on Highway 5 reminding motorists not to pass on the shoulder of the road. There is a "do not turn on red" at the Intersection of CSAH 15 and Iighway 5 to allow residents from the residential LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 2003 developments along Highway 5 a break in traffic to get on Highway 5 safety. She asked staff to send a thank you letter to MnDOT for the safety improvements on Highway 5. Dillerud will bring a letter for the Council to sign. Council member Johnston reported that he and Mr. Dillerud attended the AMM meeting this afternoon, and noted that Mr. Dillerud did an excellent job with effectively explaining the need for AMM becoming involved on the City's behalf with the legislature. He is optimistic that this will be an effective strategy. Johnston reminded staff that the vacancies on the Community Improvement Commission should be advertised in the newsletter. Council member Siedow reported that the Community Facilities Committee recommended keeping City Hall in the old village area. Mr. Dillerud came up with a spread sheet analyzing several locations of City facilities in the Old Village Area. Siedow also reported that staff will check with ISO for fire hall criteria. He suggested getting a used traffic control trailer, if cheap, and places it on alternate City streets. The Council Adjourn the meeting at 8:40 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-069 Approval of Claims Resolution No. 2003-070 Amend CUP of Country Sun Farm/Bergmann LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 2003