HomeMy WebLinkAbout10-07-03 CCMMayor: Lee Hunt Lake Elmo City Council
Councilmembers:
Steve DeLapp Tuesday
Susan Dunn
Dean Johnston October 7 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.
5:00 p.m. Closed Meeting with City's Lobbyist and
Attorney on Met Council Litigation
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
September 16, 2003
3. PUBLIC INQUIRIES/INFORMATIONAL:
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.
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. 2003-080: Approve 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. Resolution No. 2003-081 Approve Change
discussion of these items unless a Council member so requests, in
Order No. 1 and Final Payment for 2003 Sealcoat
Which event, the item will be removed from the general order of
business and considered separately in its normal sequence on the
C. Resolution No. 2003-082 Approve Partial
agenda.
Payment No. 1 for Carriage Station Park/Ridge
Park Grading and Trail Improvements
D. Resolution No. 2003-083 Approve Partial
Payment No. 1 for Hill Trail N. /501h Street
�.
Reconstruction
1
E. League of Minnesota Cities Membership
Dues on Claims List
Lake Elmo City Council Agenda
October 7, 2003
P.on 9
5. FINANCE
Tom Bouthilet
A. Proposed Fixed Assets Management
Program
B. Purchasing Policy Amendments
6. NEW BUSINESS
A. Youth Service Bureau Membership
7. MAINTENANCE/PARK/FIREBUILDING:
A. Public Works Tractor Purchase
B. Public Works — Purchase of Bobcat Trailer
Replacement
8. CITY ENGINEER'S REPORT:
Tom Prew
A.
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. Appraisal Reports: Civic Center Sites
B. PUD Development Stage Plan & Preliminary
Plat — Prairie Ridge Office Park
10. CITY ATTORNEY'S REPORT:
J. Filla
A.
11. CITY ADMINISTRATOR'S REPORT:
C.Dillerud
A. Schedule Future Workshops
B.
12. CITY COUNCIL REPORTS:
A. Mayor Hunt
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Johnston
E. Council Member Siedow
October 14t', 7 p.m. City Hall:
October 28th, 7 p.m., City Hall
Public Hearing on Amending the
Library Services Workshop
City's Comprehensive Plan
MINUTES APPROVED: October 7, 2003
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 16, 2003
1. AGENDA
2. MINUTES: September 2, 2003
3. PUBLIC INQUIRIES/1NFORMATIONAL
4. CONSENT AGENDA
A. Resolution No. 2003-074 Approving Claims
B. November 4th Council Meeting
C. Playground Border and ADA Impact Absorption Wood Fiber
D. Tree Removal Services
E. Fire Department
5. FINANCE
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Maintenance Dept. Activities: Dan Olinger
B. Update on Building Dept. Activities: Jim McNamara
C. Gravel Roadway Maintenance
8. CITY ENGINEER'S REPORT:
A. Culvert on west easement on Hill Trail
B. Hill Trail Reconstruction Questions from Bud Talcott
9. PLANNING, LAND USE & ZONING:
A. AG Cluster Development Variance and Minor Subdivision: Bergmann
B. PUBLIC HEARING: Vacation of 1 Oth Street Lane
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. City Purchasing Policy
B. City Administrator
C. Metropolitan Council
12. CITY COUNCIL REPORTS:
Mayor Hunt called the City Council Meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Attorney Filla,
City Engineer Prew, Building Official Jim McNamara, Public Works Supervisor Dan
Olinger, Acting Finance Director Tom Bouthilet and Acting Administrator/Planner
Dillerud.
1. AGENDA
ADD:C. Met Council Review D. Old Business List
M/S/P Johnston/Dunn - to approve the September 16, 2003 City Coimcil agenda, as
amended. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2003
2. MINUTES: September 2, 2003
M/S/P DeLapp/Siedow - to approve the September 2, 2003 City Council minutes, as
amended. (Motion passed 5-0).
3. PUBLIC INQUIRIES/INFORMATIONAL:
8B. Bud Talcott handed out a list of questions on the Hill Trail Project.
4. CONSENT AGENDA
A. Resolution No. 2003-074 Approving_ Claims
M/S/P DeLapp/Johnston - to adopt Resolution No. 2003-074 approving Claim Numbers
163, 164, DD35 through DD41, 24348 through 24385, which were used for Fire
Dept./Staff payroll dated September 4, 2003 and Claim Numbers 24386 through 24430 in
the total amount of $114,281.31. (Motion passed 5-0).
Council member Johnston asked to take the rescheduling of November 4th Council
Meeting off the consent agenda.
M/S/P Siedow/Dunn — to take off the consent agenda for discussion. (Motion passed 5-
0).
B. November 4th Council Meeting
The City will be administering the ISD622 and ISD834 School Board Elections on
November 4, 2003 with costs incurred paid by each individual school district. Therefore,
the November 4th Council meeting will have to be rescheduled. Council member
Johnston indicated he has a conflict with the Wednesday, November 5t" date.
M/S/P DeLapp/Johnston - to reschedule the November 4tt' City Council meeting to
Monday, November 3rd due to the November 4" ISD622 and ISD834 School Board
Elections. (Motion passed 5-0).
C. Playground Border and ADA Impact Absorption Wood Fiber
A playground was installed in Ridge Park in 2003. At that time a minimum amount of
wood fiber was placed around the structure. With the completion on grading and seeding
of the Park, Parks Supervisor Mike Bouthilet indicated it is time to place a containment
border and additional wood fiber around the structure. He received three price quotes for
both the border and the wood fiber and recommended purchasing the playground border
from Miracle Recreation because the timbers are 6 feet instead of 4 feet, since straight
lines are easier to install with the longer timbers. Game Time, with the low price quote,
is the recommended purchase for the wood fiber.
M/S/P DeLapp/Johnston - to approve purchase of playground border from Miracle
Recreation EFA for $2,261.00 (as the best quote), and wood fiber from Game Time for
$1,661.40 (as the lowest quote), as recommended by the Park Supervisor. (Motion
passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2003 2
D. Tree Removal Services
The Park Supervisor reported that it is necessary to contract removal of two very large
dead trees in City right-of-way that potentially interfere with the "Remote C" 201 system
(in one case); and present a traffic hazard (in the second case). The City does not have
equipment sufficient to deal with trees of this size. Three written quotes have been
received to carry out this work. The Park Supervisor recommends that the quote of
Klawitter Tree Service in the amount of $1,300 be approved as the lowest and best
quotation.
M/S/P DeLapp/Johnston - to approve tree removal services from Klawitter Tree Service
in the sum of $1,300.00, as recommended by the Park Supervisor. (Motion passed 5-0).
E. Fire Department:
Fire Chief Malmquist reported the City and Fire Department were awarded a federal
grant of $129,000 from the U.S. Department of Homeland Security's Federal Emergency
Management Agency to purchase masks and air tanks for the complete Department. Out
of the $129,000, the City will have to contribute $12,927.
The Fire Chief indicated the department has lost three members, but will have a
recruiting drive. On Tuesday, October 71h, the Lake Elmo Fire Department will host its
Annual Fire Prevention Event at the Washington County Fairgrounds.
5. FINANCE
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIREBUILDING:
A. Maintenance Dept. Activities: Dan Olinger
Dan Olinger reported they had tested out the new generator which will be used when the
City has power outages.
B. Update on Building Dept. Activities: Jim McNamara
The Building Official reported there was one new residential building permit for the
month of August. Wildwood Lodge has opened and booked 15 rooms on September 16.
C. Gravel Roadway Maintenance
Staff has received complaints/requests regarding the poor condition of the gravel portions
of both Kirkwood Avenue (North of State Highway 5) and 50th Street North/Kimbro
(west of Lake Elmo Avenue and south to 47th Street North). Maintenance Supervisor
Olinger and Administrator had addressed the Council with similar concerns in 2001. Dan
Olinger and Mike Bouthilet have secured multiple written quotations to gravel/grade both
Kirkwood Lane and 50th Street North. The sum of the low quote costs for both projects
would be $20,769. The Acting Administrator recommends the Council proceed with
gravel and grading on Kirkwood and 50tt' Street this season, based on the quotes that we
now have. Council member DeLapp suggested that the trees that have been chopped are
available for residents.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2003
M/S/P Johnston/DeLapp - to direct staff to proceed with the Kirkwood/50th Street
gravel/grading from Infrastructure Reserve/State Aid Maintenance funding. (Motion
passed 5-0).
8. CITY ENGINEER'S REPORT:
A. Culvert on West Easement on Hill Trail
Tom Prew reported he reviewed the proposed additional drainage outlet pipe to Lake
DeMontreville from the west side of the Hill Trail loop road. This pipe is proposed as a
replacement to one that was removed from service many years ago. The existing City
easement is 20 feet wide, centered between the Taylor and Diedrich properties. It is a
former street that the city vacated, but retained the drainage easement over. The VBWD
had no problem with the city re -opening the drainage route to the lake.
The drainage outlet pipe would extend from Hill Trail approximately 100 feet west. The
final 30 feet would be an open ditch to the lake. The ditch would be sodded to match the
surrounding property. Construction of the drainage outlet pipe would involve removal of
approximately six trees. The new pipe would divert about 1 acre of drainage from the
approximately 15 acres that flows into the landlocked wetland north of 50" Street. The
cost of reopening this outlet would be $12,000 and a change order to our contract with
T.A. Schifsky and Sons is necessary.
The Council indicated they wanted to make sure the city leaves the easement as good as it
was, and will look at a landscape plan for remediation.
M/S/P Johnston/DeLapp — to direct the City Engineer to proceed with reopening the
drainage outlet pipe to Lake DeMontreville from the west side of the Hill Trail loop road
at a cost of $12,000, and a landscape restoration plan will be provided to the Council.
(Motion passed 5-0.)
B. Hill Trail Reconstruction Questions from Bud Talcott: Tom Prew, City
Engineer, reported the construction crews got ahead of the schedule, and he told them to
keep one section of the road open. The contractors are removing and replacing new
asphalt in 600-ft. segments compared to the original plan in 300-ft. segments. The
culverts stick up 8 inches, are set back from the road, covered with concrete so they don't
plug up with leaves. Prew said he was aware of the flooding problem with one resident's
driveway and two catch basins and a rolled curve have been added.
Roger Johnson has requested that the city not install the sewer pipe that he requested
under the road because it did not work out well. Prew said the sewer pipe could be
directionally drilled if a pipe was needed for access to Remote C System.
Councilmember Johnston, 8200 Hill Trail N., explained he had someone come to his
residence informing him that south of the cul-de-sac would be closed from 7 a.m. to 3
p.m., and he would have to walk to get to his car. If there was an emergency, the
contractor has equipment that could move the dirt to permit an emergency vehicle to get
through.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2003 4
Mr. Abrahamson, who lives next to the settling pond, pointed out there are many dead
oaks which he would like to see removed. Prew responded that these are small trees that
the city staff could remove. Abrahamson said he would not want to see any more mound
systems on the city property next to his lot. Prew stated the drain field has to be 50' from
his well.
Council member Dunn asked Prew to keep a check list on what we can do to improve a
project like this to run smoothly.
9. PLANNING, LAND USE & ZONING:
A. AG Cluster Development Variance and Minor Subdivision: Bergmann
At its September 8, 2003 meeting, the Planning Commission adopted a recommendation
to approve this proposal to reduce the number of contiguous tax parcels under common
ownership; and, to rearrange property lines. The applicant would accomplish the actions
by utilizing the AG "Cluster Development" provisions of the Zoning Ordinance, plus a
Minor Subdivision. A site must be of at least 61 acres to qualify for AG Cluster
Development. The applicant's three existing tax parcels total only 50 Nominal acres.
The Planning Commission recommends a variance from the 61 acre standard.
The intended net result of these actions is to consolidate and re -divide the three
Bergmann parcels such that the Bergmann homestead (and related accessory structures)
is on a site separate from the greenhouses and other structures related to the landscape
business. This would result in two parcels conforming as to area in the AG, rather than
three parcels, none of which is conforming as to area.
The Planner noted that another provision of AG cluster development was overlooked in
that the homestead parcel is of no more than two acres. The applicants have agreed to
reduce the size of the small resulting parcel and the legal will be modified to reflect these
actions.
M/S/P DeLapp/Siedow — to approve Resolution No. 2003-075, A resolution Granting a
Variance from AG Cluster Standards to Richard J. and Eileen R. Bergmann with the
addition of the Findings of Fact by the Planning Commission. (Motion passed 5 -0.)
M/S/P DeLapp/Dunn — to approve Resolution No. 2003-076, A Resolution Granting
Richard J. and Eileen R. Bergmann an AG Cluster Development. (Motion passed 5-0).
M/S/P Dunn/DeLapp — to approve Resolution No. 2003-077, A Resolution Granting a
Minor Subdivision to Richard J. and Eileen R. Bergmann. (Motion passed 5-0).
B. PUBLIC HEARING: Vacation of loth Street Lane
With the approval by the Council of the Final Plat of Whistling Valley on July 1, 2003, a
portion of existing 101h Street Lane North was officially platted; and, another portion was
replatted. The majority of the existing 1 oth Street Lane North (serving no residents today)
will be abandoned and replaced by the Whistling Valley internal streets. To clear title
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2003
issues prior to recording of the Whistling Valley plat, those portions of existing 101h
Street Lane North no longer needed, or replatted need to be officially vacated by the City.
A Notice of Public Hearing for Vacation of l0a' Street Lane was published in the
Stillwater Gazette.
Mayor Hunt opened up the public hearing at 7:50 p.m. in the Council chambers.
There was no one to speak for or against the street vacation.
Mayor Hunt closed the public hearing at 7:52 p.m..
M/S/P Johnston/DeLapp —to approve Resolution No. 2003-078, as amended to include
legal wording..."as platted in Dalton's Addition and in line with", A Resolution Vacating
A Portion of I Oh Street Lane. (Motion passed 5-0.
10. CITY ATTORNEY'S REPORT:
Attorney Filla reported the answer was filed and he was trying to get together with the
Bodziak's attorney to describe what needs to be done, timeline established. Filla would
proceed with a judgment against the property.
11. CITY ADMINISTRATOR'S REPORT:
A. City Purchasing Policy
The Acting Administrator explained that the City Purchasing Policy is no longer
consistent with the State Municipal Purchasing Law and is in need of updating. A list of
recommended amendments, consistent with the State Statutes, was provided for Council
review.
M/S/P Dunn/Siedow — to direct the Acting Administrator to prepare an updated city
purchasing policy consistent with the amendments recommended at the September 16a'
meeting and bring back to Council for their review. (Motion passed 5-0.
B. City Administrator
At its September 8 workshop the Council directed that further consideration of the City
Administrator position be placed on the September 16 Council agenda. The Mayor was
asked to consult with the Acting City Administrator regarding his decision to decline the
permanent administrator position, if formally offered by the Council on a 3-2 vote.
Mayor Hunt complied with the request of the Council in this regard, but no
reconsideration by the Acting Administrator has resulted. This being the case the
Council discussed alternative strategy regarding the City Administration position.
When the Acting Administrator/Planner was asked how the workload was, he stated the
supply and demand aren't matching any more. A lot of initiatives have been started. The
Plaiming Commission wants to meet the Council deadlines. The Community Facilities
Committee is looking at the bond market, but we have to get appraisals. In response to
an idea suggested by one Council member, he stated that the City could find a graduate
planner to come on staff, but we would have to be careful not to be expecting that planner
to cover too many bases.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2003 6
Council member DeLapp stated the Council should take immediate steps to hire a
graduate planner to get involved with the planning. Dillerud said this party would be
backing him up while they are going through the process of hiring a city administrator.
M/S/P DeLapp/Siedow — to direct the staff to obtain a job description for an entry level
planner from Springsted in order to proceed with hiring an entry level planner. (Motion
passed 5-0).
Council members Dunn and DeLapp expressed their desire to hire Dillerud as the
permanent city administrator. They noted that the acting Administrator has addressed
every issue they have brought to him superbly well. DeLapp added that the staff is
extremely busy and right now is not the best time to hire a permanent city administrator.
The City should focus its efforts on such things as the Old Village plan, its legal battle
with the Metropolitan Council over growth and public facility needs.
Council member Siedow said there is never a good time to go through the time
consuming process of hiring an administrator, but by not moving forward the council is
just playing the waiting game. Mayor Hunt agreed the city should move forward, but also
agreed that the city has more pressing issue to deal with right now. Hunt stated he
thought the city has been very well served today under the conditions we have and was
pleased with the staff for stepping up in trying times.
M/S/P Siedow/Hunt — to direct the staff to set up one-half hour interviews with the two
search firms, Springsted and Brimeyer, within the next two council meetings. (Motion
passed 3-2:Dunn, DeLapp)
C. Metropolitan Council
The Acting Administrator explained the Lake Elmo issue is well off the radar screen at
the governor's office. Their concerns right now are at a broader level. They have told
City representatives that they (the Governor's Office) believe in the importance of local
government, and in regional planning.
Council Member Johnston stated that he has continued to work with his AMM
committee. Johnston has submitted a memo outlining proposed legislative changes
parallel existing policy of AMM to the effect that Met Council should not be interfering
with local zoning.
Johnston stated that we should work to get support from AMM and this year; and, get
legislation and lobbying done this year. He said that he was disappointed that we could
not do this earlier, but we should conduct a meeting with our lobbyist and attorneys at the
first meeting of October. The final battle will be fought in the chambers of the Met
Council. Dean and Chuck will be taking some AMM members out to the Fields of St.
Croix. A letter to the AMM committee has been sent to all council members.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2003 7
12. CITY COUNCIL REPORTS:
Council member Johnston asked that items: Library Tax being transferred to the City;
and Status of CUP inspections are added to the Old Business List Review.
Mayor Hunt said he will proceed with plans (fix the lights, move and redesign the council
table) for the Council chambers.
Council member DeLapp noted that Chris Obermueller, an Eagle Scout, completed a
beautification project in Pebble Park with a crew of 4 or more adults and 4 young adults.
There was brush trimming along the driveway for visibility, and planted 3 great trees;
installed approximately 17 concrete posts so vehicles cannot be driven into the park; and
planted perennials by Pebble Park sign. A neighbor had noted that Pebble Park turns into
a drag course between 2:30 and 3:30 a.m. The Parks Supervisor answered that the
Washington County Deputies are aware of vandalism in Pebble Park and have been
diligently watching.
Council member Johnson noted that the city newsletter will have an article stating the
city is looking for applicants to serve on the Community Improvement Commission. He
looks forward to getting this activity going.
The Council Adjourn the meeting at 8:50 p.m.
----------------
Respectfully Submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2003-074 Approving Claims
Resolution No. 2003-075 Granting a Variance from AG Cluster Stds. to Richard &
Eileen Bergmann
Resolution No. 2003-076 Granting Richard & Eileen Bergmann an AG Cluster
Development
Resolution No. 2003-077 Granting a Minor Subdivision to Richard & Eileen Bergmann
Resolution No. 2003-078 Vacating a portion of 10"' Street Lane
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 16, 2003