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HomeMy WebLinkAbout11-03-03 CCMMayor: Lee Hunt Lake Elmo City Council Councilmembers: 3800 Laverne Avenue No. Steve DeLapp * * *Monday*** Lake Elmo, MN 55042 Susan Dunn J 777-5510 777-9615 (fax) Dean Johnston NOVEMBER 3 2003 Chuck Siedow (Date of meeting has been rescheduled due to School District Election on November 4`h) Please read: Since the City Council does not have time to discuss every point presented, it may appear 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 October 21, 2003 3. PUBLIC INOUIREES/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. 2003-089: 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 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. 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 B. Lake Elmo City Council Agenda November 3, 2003 Paae �. S. CITY ENGINEER'S REPORT: Tom Prew A. Resolution No. 2003-090:Final Payment to Hoffman and McNamara for Carriage Station and Park Ridge 9. PLANNING, LAND USE & ZONING: C. Dillerad A. Intention to Request CDBG Funds B. Accept Improvements and Reduction of Letter of Credit — Lake Elmo Vista 10. CITY ATTORNEY'S REPORT: J. Filla A. 11. CITY ADMINISTRATOR'S REPORT: C.Dillerud A. City Administrator Recruitment 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: November 3, 2003 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2003 1. AGENDA 2. MINUTES: October 7, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: 4. CONSENT AGENDA: A. Resolution No. 2003-086 Approve Claims B. Resolution No. 2003-087 Approve Partial Payment No. 2 for Fire Station No. 2 Exterior Wall Repairs 5. FINANCE: 6. NEW BUSINESS: A. Resolution Supporting Washington County Proposed ATV Ordnance 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Maintenance Dept. Activities: Dan Olinger B. Update on Building Dept. Activities 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. Comprehensive Plan Amendment — Old Village B. Old Village Development Moratorium, Ordinance No. 97-123 C. Preliminary Engineering Report: Old Village Wastewater Treatment 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Discussion of Met Council Press Release 12. CITY COUNCIL REPORTS: Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Dunn, Hunt, DeLapp, City Attorney Filla, City Engineer Prew, Building Official McNamara, Acting Finance Director Tom Bouthilet and Acting City Administrator/Planner Dillerud. ABSENT: Council members Siedow and Johnston. 1. AGENDA M/S/P Dunn/DeLapp - to approve the October 21, 2002 City Council agenda as amended. (Motion passed 3-0). 2. MINUTES: October 7, 2003 M/S/P DeLapp/Dunn - to approve the October 7, 2003 City Council minutes, as amended. (Motion passed 3-0). LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: Lake Elmo Library Paul Ryberg requested the City state that Lake Elmo is going to have a library; its name will be Lake Elmo Library; and the City will create a library board. Mayor Hunt responded the Council will indicate its interest in establishing a Lake Elmo library with the Washington County Library Board members at the October 28th workshop. Gloria Knoblauch stated the members of Friends of Lake Elmo Ad Hoc Committee will be attending the workshop on October 28, 7 p.m., in the Council chambers. Council member DeLapp noted that the Washington County Planning Commission, which he serves on, has a meeting that same day and, he would not be in attendance at the Lake Elmo workshop on library issues. 4. CONSENT AGENDA: A. Resolution No. 2003-086 Approve Claims M/S/P DeLapp/Dunn - to adopt Resolution No. 2003-086, A Resolution approving claim numbers 170, 171, DD54 through DD58, 24554 through 24569, that were used for Staff payroll dated October 16, 2003, and claim numbers 24570 through 24626 that were used for Accounts Payable dated October 21, 2003 in the amount $302,044.06. (Motion passed 3-0). B. Resolution No. 2003-087 Approve Partial Payment No. 1 for Fire Station No. 2 Exterior Wall Repairs TKDA recommended approval of Partial Payment No. 1 to Acme Tuckpointing Inc. for Exterior Wall Repairs in the amount of $33,786.00. M/S/P DeLapp/Dunn - to adopt Resolution No. 2003-087 Approving Partial Payment No. 1 to Acme Tuckpointing, Inc. in the amount of $33,786 for work completed on exterior wall repairs for Fire Station No. 2. (Motion passed 3-0). 5. FINANCE: 6. NEW BUSINESS: A. Resolution Supporting Washington Cotmty Proposed ATV Ordnance Council member DeLapp explained he attended the Washington County public hearing on the proposed County prohibition of ATV riding in County Road ditches. There was public testimony regarding the damage done to the ditches, noise pollution, inadequate police staffing, and about half of those that spoke supported the ordinance recognizing that the ATV abuse to ditches and adjacent private property is intolerable. Written record is open for a week. M/S/P DeLapp/Dunn - to adopt Resolution No. 2003-088, A Resolution Supporting Washington County Proposed ATV Ordinance. (Motion passed 3-0). This resolution will be sent to Jim Schug and Don Theisen, Washington County. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2003 2 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Maintenance Dept. Activities: Dan Olinger (Not In Attendance) The Acting City Administrator announced 50th Street/Kirkwood is being graveled with the cost taken out of the Infrastructure Reserve Fund in the same manner as is the seal coating of paved City streets. B. Update on Building Dept. Activities The Building Official reported there were three new residential permits issued in September, 2003. New residential construction is down because of the small number of available lots. The Building Dept. is kept busy with the many remodel permits. He cautioned residents about a driveway scam and advised they make sure the contractor has a city license and permit, otherwise, do not deal with them. The Mayor cautioned residents on tree trimming scams where the trees are not properly trimmed and end up dead in the next summer. In regard to complaints, the City will pursue removal a government surplus camouflage trailer that is parked on City property by the watertower. Also, the Deputies will look into removal of an RV with a "for sale" sign that is parked on County right-of-way of Inwood Avenue. 8. CITY ENGINEER'S REPORT: The Council received an -e-mail from Barb Walsh indicating her concerns on discharge of storm water runoff through a pipe affecting water quality of the lakes. The City Engineer reported that 500' Street would be paved this week, but would hold off on the wear course until next year. The Valley Branch Watershed District asked that the City look into other options to piping storm water directly into the lake. The Engineer will revisit this option, and add some additional infiltration. Council member Dunn asked for an update on activities (water cleansing and wastewater gardens) in the plan. 9. PLANNING. LAND USE & ZONING: A. Comprehensive Plan Amendment — Old Village The City Planner explained at its October 14, 2003 meeting, the Planning Commission adopted a recommendation to approve an amendment to the Land Use Map and Text of the 2000-2020 Comprehensive Plan that would reclassify approximately 1,000 acres surrounding the Old Village from GB, RAD, and AG to new uses, and new use intensities that reflect the Old Village Neighborhood Planning initiative. The motion also directs the Planner to consult the City Attorney for text to be added that would preserve the ability of the City to adjust land use intensity ranges of the Plan to accommodate zoning ordinance structure modifications now underway by the Planning Commission. A second motion by the Planning Commission recommends that the City Council defer its adoption of the recommended plan pending completion of several tasks by the city that would address impacts/infrastructure requirements (such as wastewater, surface water drainage, water supply and traffic) and plan implementation strategy (mechanisms for the transfer of development density) implied by the Plan. The Commission recommendation was NOT TO ADOPT until this additional work was completed. . LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2003 The Council commented that it was pleased with the work of the Planning Commission Council member Dunn stated she watched the public hearing held by the Planning Commission on cable TV and eight people have contacted her on the plan. Questions raised were regarding the perception on the change of density and the resulting traffic impact. She asked that we look into having someone from Washington County or the MN Health Dept. come in and give us an update on groundwater contamination issues. M/S/P DeLapp/Dunn — to table the Old Village Comp Plan amendment for a maximum of 120 days pending completion of work to assess the impacts/infrastructure requirements, and plan implementation strategy reflected by the recommended plan amendment. The Old Village Plan, as recommended by the Planning Commission on October 14, 2003 shall serve as the design and quantitative target for all such analysis. (Motion passed 3-0). B. Old Village Development Moratorium The Development Moratorium that was adopted by the Council in April, 2003 will expire October 24, 2003. The Planner asked the Council to consider the disposition of the Moratorium regardless of the action taken on Agenda Item 9A. He said the Planning Commission Hearing Draft of the new zoning ordinance (which should have provisions that would address transfer of development rights, or other provisions necessary to assure the Old Village Plan can be executed) will not be ready until the end of 2003. The Planning Commission has advised the Council that further details regarding plan impacts and execution strategy now appear in the best interest of the City, as well as the property owners. That, and the METC issue, would point to the advisability of extending the Moratorium. A Draft Ordinance extending the Development Moratorium, leaving the length of the extension blank, was provided for Council review. M/S/P Dunn/DeLapp — to adopt Ordinance 97-123, extending the Old Village Development Moratorium 120 days from the date of publication. (Motion passed 3-0). C. Preliminary Engineering Report: Old Village Wastewater Treatment The Acting Administrator reported the Council had previously received an October 6, 2003 Proposal by North American Wetland Engineering to conduct what will amount to a feasibility study regarding provision of Public wastewater treatment and conveyance for both the existing Old Village; and, for the extended Old Village as presented by the Thorbeck Option #4 and the Planning Commission's recommended Comp Plan Amendment. This strategy may include installation by the City of pipe sewer laterals in existing Old Village streets at such time as street/water line work in otherwise required, but not mandating a Public sewer connection program for those existing properties with ISTS until those ISTS installations require major repairs or replacement. The fixed fee cost for the work is proposed to be $13,000+ approximately $2,000 in reimbursables. This amount could be covered from the Tax Abatement Reserve Account. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2003 4 M/S/P DeLapp/ Dunn — to approve the proposal of North American Wetland Engineering (as a single source wetland wastewater treatment expert) to conduct a Preliminary Engineering Report regarding Old Village Area Wastewater Collection and treatment per the Proposal dated October 6, 2003, with expenses to be allocated from the Tax Abatement Reserve Account as recommended by the Planning Commission. (Motion passed 3-0). 10. CITY ATTORNEY'S REPORT: No Report 11. CITY ADMINISTRATOR'S REPORT: A. Discussion of Met Council Press Release The Acting Administrator advised the Council to take a look at the Met Council website homepage giving a link to Chairman Bell's commentary to Lake Elmo. He said he was advised by the Council that piece cannot go unanswered, and the Mayor asked that this be placed on the agenda for discussion. The City's Met Council attorneys had provided a consolidated statement for the Council to review and submit continents. This statement could also be submitted as a press release to other news media. 12. CITY COUNCIL REPORTS: HR Meeting, October 28, 6 p.m. Dillerud will provide a full text on salary and benefit compensation by Thursday. There will be a consultant to explain benefits. Mayor Hunt said he was approached and was provided information, for anyone who was interested, by Equaris Corporation regarding Sustainable Onsite Wastewater Treatment and Water Recycling Technologies. Council member DeLapp commented that was advised by the volunteers who were working in Pebble Park saw a drug deal go down. If the City has a problem with trading drugs in Pebble Park, the staff and the deputies would look into this problem and work on possible solutions, such as eliminating a driveway access to Pebble Park. DeLapp was approached by a resident regarding large accessory buildings being built in the city, wondering if we shouldn't prevent them entirely. Dillerud responded that this issue had been recently addressed by the Council and ordinance modifications resulted. He also noted that the Planning Commission could take a look at accessory structure standards as they review a new draft of the zoning ordinance now underway. Council member Dunn pointed out it is a good idea to retain the trees for a noise buffer between the railroad and Prairie Ridge Office Park. She asked that whenever the Planning Commission looks at the Old Village area, it should review the nonconforming things, and what happens when we have to have variances. This was the primary reason to review the old village area. Dillerud responded that the Planning Commission shares the same concern, and new zoning districts are being created for the existing Old Village and other neighborhoods of the City where currently substandard development exists to better accommodate that type of development without it being "non -conforming". LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2003 Council adjourned the meeting at 8:15 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-086 Approve Claims Resolution No. 2003-087 Partial Payment #2 Fire Station #2 Exterior Wall Repairs Resolution No. 2003-088 Support Washington County Proposed ATV Ordinance Ordinance No. 97-123, Old Village Development Moratorium Extension LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2003 6