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HomeMy WebLinkAbout11-18-03 CCMMayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Dean Johnston Chuck Siedow Lake Elmo City Council TUESDAY NOVEMBER 18, 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 U City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes November 3, 2003 3. PUBLIC INOUIRIES/INFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to A. National Family Week Proclamation bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and 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. 2003-091:One Day be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate Gambling License: Maplewood -Oakdale Lions 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. 2003-092:Partial Payment for Bill Trail N/50th Street B. Resolution No. 2003-093: Approve Claims 6. NEW BUSINESS A. 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Building Dept: Update on Activities Lake Elmo City Council Agenda November 18, 2003 Page 2 8. CITY ENGINEER'S REPORT: Tom Prew A. 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Resolution No. 2003-094:Shoreland Overlay District Variance: 8048 Hill Trail (Johnson) B. City Code Chapter 700 — Ordinance No. 97- 124 Establish Variance Process C. Simich/Johnson Fence — Carriage Station 10. CITY ATTORNEY'S REPORT: J. Filla A. 11. CITY ADMINISTRATOR'S REPORT: C. Dillerud A. Hire Recommendation — Office Assistant B. Administrator Search Firm Interview 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow December 1, Monday, 7 p.m. Truth Human Resource Committee Meeting: and Taxation Hearing Wednesday, November 19, g p.m. MINUTES APPROVED: November 18, 2003 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 2003 1. AGENDA 2. MINUTES: October 21, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries 4. CONSENT AGENDA: A. Resolution No. 2003-089: Approve Claims 5. FINANCE: A. Monthly Operating Report 6. NEW BUSINESS: A. Community Improvement Committee 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Dept: Update, MAC Recommendations re: Gear Washer Purchase 8. CITY ENGINEER'S REPORT: A. Resolution No. 2003-090: Final Payment to Hoffman and McNamara for Carriage Station and Park Ridge 9. PLANNING, LAND USE & ZONING: A. Intention to Request CDBG Funds B. Accept Improvements and Reduction of Letter of Credit — Lake Elmo Vista 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. City Administrator Recruitment 12. CITY COUNCIL REPORTS: Acting Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn (arrived at 7:03 p.m.), Johnston, DeLapp, City Engineer Prew, City Attorney Miller, Acting Finance Director Tom Bouthilet and Acting Administrator/Planner Dillerud. ABSENT: Mayor Hunt 1. AGENDA ADD:I IB. Direction involving Chapter 700 of City Code regarding private waste water facilities, and lack of a variance process in the code. M/S/P Siedow/DeLapp - to approve the November 3, 2003 City Council agenda, as amended. (Motion passed 3-0). 2. MINUTES: October 21, 2003 M/S/P DeLapp/Dunn - to approve the October 21, 2003 City Council Minutes, as amended. (Motion passed 2-0-2:Abstained:Johnston, Siedow). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries Karl Ranum, attorney representing Jay Johnson and Ann Smith Johnson, 12153 Marquess Way N., asked for an opinion on the fence ordinance based on the physical circumstances now existing at this address. Attorney Ranum noted that the neighbor was not notified, but would be involved in the discussions. Mr. Dillerud asked that this item be sent to staff and the City Attorney for review and report. Paul Ryberg asked the Council to create a Lake Elmo Library and then appoint a library board, because if there is a legal structure people can go out and solicit funds. DeLapp suggested that the City could have a library account which may resolve the concern. The County Library Board said that in 6-8 weeks they would do the ground work and come back to the City Council with the needed information. The Council noted it should extend the courtesy to the Library Board and wait for Pat Connolly to come back to the Council with her plan. Gloria Knoblauch reported that the Friends of Lake Elmo will hold a meeting on Friday, November 7, 1 p.m., at City Hall; and, that there will be public hearing on strategic planning for the library by the County Library Board, Wednesday, November 12, 6:30 to 8:30 p.m. She is asking Lake Elmo to attend this public meeting. 0 0, M/S/P Dunn/DeLapp - to adopt Resolution No. 2003-089, approving claim numbers, 172, 173, DD59 through DD63, 24628 through 24638, which were used for Staff payroll dated October 30,2003 and Claim Numbers 246 39 through 24677 in the total amount of $79,794.05. (Motion passed 4-0). 5. FINANCE: A. Monthly Operating Report The Acting Finance Director provided a Monthly Operating Report. Council member DeLapp noted that the website does not have the Municipal Code, and compared to other sites is pretty sad. 6. NEW BUSINESS: A. Community Improvement Commission Council member Johnston would like to see the Commission started and recommended appointing the three who have indicated an interest in serving on the Commission. If the requirement for a quorum needs to be changed, it will be brought back to the next Council meeting. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 2003 M/S/P DeLapp/Johnston — to appoint Gary Rieder, Joan Ziertman and Deborah Lyzenga to the Lake Elmo Community Improvement Commission and to organize the Commission immediately. (Motion passed 4-0.) Mr. Dillerud will check with the city attorney if these three members can be appointed without the changes in the code. 7. MAINTENANCE/PARK/FIREBUILDING: A. Fire Dept: Update, MAC Recommendations re: Gear Washer Purchase Chief Malmquist reported the department has lost firefighters Peltier and Chavez due to their relocations out of the City. The Annual Fire Prevention was held at the Washington County Fairgrounds and was a success. The department will continue to hold it at the Fairgrounds. At its September 17th meeting, the Maintenance Advisory Commission considered the proposal to purchase a turn out gear washer for the Old Village Station. This purchase had been discussed in the past, but shelved because it was determined that there was insufficient space at the fire station for the proposed equipment. MAC recommended purchase of a gear washer at a total cost (including installation) not to exceed $8,594. Since this gear washer purchase should be from the Fire Capital Equipment Account, and no reference to a gear washer purchase appears in the CIP, MAC recommends an amendment to the 2003 CIP for inclusion of this project. M/S/P DeLapp/Siedow - to approve the purchase by the City of a turn out gear washer at a cost not to exceed $8,594; and amending the Capital Improvements Program to include the gear washer as a 2003 project as recommended by the Maintenance Advisory Commission. (Motion passed 4-0). 8. CITY ENGINEER'S REPORT: A. Resolution No. 2003-090: Final Payment to Hoffman and McNamara for Carriage Station and Park Ridge The City Engineer recommended approval of Final Payment to Hoffman & McNamara in the amount of $4,589.65 and Compensating Change Order No. 2 in the deduct amount of $198.50 for the above project. M/S/P Dunn/Siedow — to approve Resolution No. 2003-090 approving Final Payment to Hoffman and McNamara in the amount of $4,589.65 and Compensating Change Order No. 2 in the deduct amount of $198.50, as verified by the City Engineer in his memo dated October 30, 2003. (Motion passed 4-0.). Update on Hill Trail/50a' Street Reconstruction - Tom Prew reported that the first lift of asphalt is on, and the contractor will be finishing driveway aprons yet this fall. The final lift of asphalt will not be placed until 2004, as previously planned. The engineer and Planner are addressing some alternative strategies for storm water handling, as had been suggested by Valley Branch. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 2003 9. PLANNING, LAND USE & ZONING: A. Intention to Request CDBG Funds The City Planner explained how the communities in the County were eligible for annual funding applications. In response to Council member Siedow's question, if there are any strings attached to the application Dillerud responded it has to be in compliance with federal guidelines and project implementation rules, but no actual "strings". M/S/P DeLapp/Dunn — to direct the staff regarding Notice to Washington County the City intends to apply for funding of the City's 2004 CDBG allocation and direct staff to prepare a draft a resolution supporting changes to the County's current project evaluation criteria to better reflect the original intent of CDBG; and respond to the full range of projects that are eligible to be CDBG funded under the HUD rules. (Motion passed 4-0). B. Accept Improvements and Reduction of Letter of Credit — Lake Elmo Vista The City Engineer reported that public improvements have been completed in the Lake Elmo Vista RE subdivision, and he recommends acceptance of those improvements, and release of the security escrow. Staff recommended Council action to accept the public improvements, and release the remaining Letter of Credit in the amount of $35,362.50. M/S/P Siedow/DeLapp — to accept the public improvements of the Lake Elmo Vista subdivision and release of Anchor Bank Letter of Credit #640 in the amount of $35,362.50, as recommended by the City Engineer. (Motion passed 4-0.) 10. CITY ATTORNEY'S REPORT: No report 11. CITY ADMINISTRATOR'S REPORT: A. City Administrator Recruitment The Acting Administrator asked the council for the timeframe it is looking at to reschedule search firm interviews. The Council noted that they will consult their calendars and advise. B. City Code Chapter 700 — Ordinance to Establish Variance Process A resident has requested a permit to relocate a functioning drainfield to a proposed location which violates the setback requirements. The present code language implies that a variance is possible; no process for review of such a variance is included. Council member Siedow indicated this is the case in the old village where the person wants to put up a garage where the current drainfield area is located. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 2003 4 M/S/P Siedow/Johnston — to direct the City Attorney to prepare an amendment to Chapter 700 of the City Code providing for a variance process from the standards of Chapter 700. This will be the same approach used in the code by reference for sign variances. (Motion passed 4-0). DeLapp noted this is a vote to support the process and is not a vote for a specific variance. 12. CITY COUNCIL REPORTS: Council member DeLapp reported the tamarack swamp between Carriage Station and Tamarack Estates seems rather high. It is important we make sure that one remaining tamarack swamp is preserved from degradation from excessive water levels. Council member Dunn reported she forwarded the information to the Planner on the meeting of the Highway 5 Safety Task Force because she cannot attend the meeting. She asked for an update the first of the year on water quality. The City sent the Baytown Township clerk, who had not received any information, the Metropolitan Airports Commission plans for the Lake Elmo Airport. Council member Johnston reported on November 20th there will be an AMM annual policy review meeting to approve legislative action for the next calendar year. The Council is encouraged to attend, and can contact Sharon to handle registration. He has volunteered to be a chair of the Metropolitan Council AMM policy committee, and will continue to be active in the AMM. Council member Siedow indicated that Mayer Aviation has been sold after owning the company for many years. He said he would believe the hangars and runway expansion north of 301h Street when he actually sees the bulldozers. The Mayor Adjourn the meeting at 8:25 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-089 Approve Claims Resolution No. 2003-090 Final Payment to Hoffman and McNamara for Carriage Station and Park Ridge LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 3, 2003