HomeMy WebLinkAbout10-06-98 CCMMINUTES APPROVED: OCTOBER 20,1998
LAKE ELMO CITY COUNCIL MINUTES
OCTOBER 6, 1998
1. AGENDA
2. MINUTES: September 1, 1998
MINUTES: September 8, 1998
3. CLAIMS
4. PUBLIC INOUIRIESAINFORMATIONAL:
A. Public Inquiries
Sherry Timmerman: County Board Candidate
B. Fire Department — Street Numbering Concept Plan
C. Update from Village Commission
D. Planning Commission
(1) Resignation from PZ
(2) Interview PZ Applicants
5. CONSENT AGENDA:
A. Receive assessment roll and call public hearing for 3& Street Improvement and 1998 Overlays
B. Escrow Reduction for Prairie Hamlet
C. Partial Payment to Tower Asphalt
D. Audit contract with Tautges, Redpath
6. MAINTENANCE/PARKS/FIREBUILDING:
A. Backstop at Stonegate Park
B. Contribution request for ice arena (School District #832)
C. Fire Department Retirement Compensation
7. CITY ENGINEER'S REPORT:
A. Hammes Update
8. PLANNING, LAND USE & ZONING:
A. Planning Commission Recommendation for amendment toOakdale Gun Club CUP
B, Ordinance amending Section 1360.01, Subd 5 Snow Fence
C. Repeal of Future Land Use Map
9. CITY ATTORNEY'S REPORT:
10. CITY COUNCIL REPORTS:
11. UNFINISHED BUSINESS:
12, CITY ADMINISTRATOR'S REPORT:
A. Curfew Ordinance (comments from Washington County)
B. CSAH17 (between TH5 and CSAH12)
C. City Planner's 3-month Review
D. Recycling Agreement with TMT
E. Environmental Commission Ordinance
Acting Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council Chambers. PRESENT:
Hunt, Dunn, Johnston, DeLapp, City Attorney Filla, City Engineer Prew, City Planner Dillerud and
Administrator Kueffner. ABSENT: Mayor John
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1998 1
1. AGENDA
M/S/P Johnston/Dunn — to approve the October 6, 1998 City Council agenda, as amended. (Motion passed
4-0).
2. MINUTES: September 1, 1998
M/S/P Johnston/Dunn — to approve the September 1, 1998 City Council minutes, as amended. (Motion
passed 3-0-1:Abstain:Johnston).
MINUTES: September 8, 1998
M/S/P DeLapp/Johnston — to approve the September 8, 1998 Budget Workshop minutes, as presented.
(Motion passed 4-0).
3. CLAIMS
M/S/P Johnston/DeLapp — to approve the October 6, 1998 Claims, as presented. (Motion passed 4-0).
4. PUBLIC INQUIRIES/INFORMATIONAL;
A. Public Inquiries
Gloria Knoblauch asked if the Planning Commission could hold another public hearing on the Public
Facilities Ordinance, Planner Dillerud explained the Planning Commission did close the public hearing,
however, Chairman Armstrong did not preclude commentary at the second meeting even though it wasn't a
public hearing. The Public Facilities Ordinance is scheduled for the October 26 Planning Commission
meeting.
Sherry Timmerman introduced herself as a County Board Candidate who has served as member of the •
Oakdale Council for the last six years. She is very active in localgovernment and interested.in the growth
of Washington' County, n:..
B. Fire Department -- Street Numbering Concept Plan >
On behalf of the Lake Elmo Fire Department, Greg Mamlquist, Doug Pepin and -Angela Grang6r presented
a concept plan for a reflective number system to provide fastenidentification of: structures:throughoutthe
City by emergency responders. The Washington County Sheriffs Department and Lakeview Ambulance
have endorsed the Department's efforts. Orders for signs will betaken over the winter, and the Department
will do the installation at'charge of $16.00. "Emergency vehicles cannot help,if they. cannot find you"
M/S/P Johnston/Dunn — to endorse the Lake Elmo Fire Department Street Numbering Identification
Concept Plan as presented by the Lake Elmo Fire Department. (Motion passed 4-0).
C. Update from Village Commission
The Village Commission has developed a work program to assure completion prior to the expiration date of
the Village Moratorium. The Commission has adopted several operational initiatives, including the
following:
1. Pre -scheduling of Commission meeting dates at approximately double the ordinance -prescribed
meeting frequency, through the end of the Moratorium
2. Delegated editorial review on the Inventory to a subcommittee to free up time for the full Commission
to facilitate work by the full Commission on subsequent work program elements. Policy formation has
already commenced, while the editorial details of the previous work element are being completed
concurrently.
3. Commencement of the selection process (RFP) for the graphic consultant that will produce Design
Guide drawings depicting Commission recommendations for various components and geographical
areas of the Village. The Design Guide text is being drafted concurrently by a subcommittee of the
Commission. The first daft has been completed.
The Request for Proposal for graphic services proposed by the Commission, meeting and work schedule
through March, 1999 and the Work Program submitted in support for the City's Metropolitan Council
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1998
Grant for Village Plan were submitted for Council review. The graphics services responsive to the RFP
will be paid from Metropolitan Council Grant funding.
M/S/P Johnston/DeLapp — to accept and endorse the Village Commission's schedule, work program
through March, 1999 and RFP proposal for graphic services paid from Metropolitan Council Grant
funding. (Motion passed 4-0).
D. Planning Commission
(1) Resignation fromPZ
M/S/P DeLapp/Dunn —to accept the resignation of Margaret Carlson and Michael Graczyk from the
Planning Commission. Further that the staff is directed to send both letters of thanks on behalf of the
Council. (Motion passed 4-0).
(2) Interview PZ Applicants — Based on the order of the applications received.
M/S/P DeLapp/Dunn — to appoint Todd Ptacek of the Planning Commission to serve out the term of
Margaret Carlson which expires December 31, 1998. (Motion passed 4-0).
M/S/P DeLapp/Dunn — to appoint Kathy Sedro to the Planning Commission to serve out the term of
Michael Graczyk, which expires December 31, 1999. (Motion passed 4-0).
M/S/P DeLapp/Dunn — to appoint Greg Gerard to the Planning Commission to serve as First Alternate of
the Planning Commission. Further that the staff be directed to solicit applications through the City
Newsletter: and through a Press Release. to our legal newspaper. (Motion passed 4o-0).
5.: CONSENT AGENDA:
A. Receive assessment roll and call public hearing for 30d' Street Improvement and 1998.Overlays
Tom Prew provided assessment rolls for 30`h Street Reconstruction and the 1998 Overlays and is proposing
a 6%interest rated a five-year term on the assessments: Property owners mill have until,November 20,
1998to pay off the assessment with no interest charge. r
M/S/P Johnston/DeLapp - to adopt Resolution No. 98-52, A Resolution receiving -assessment roll and
calling public:hearing for 30'l' Street Improvement, Resolution No. 98-53, A Resolution receiving
assessment roll and calling public hearing for Jane Court N., Resolution No. 98-54, A Resolution receiving
assessment roll and calling public hearing for 33 u Street Lane, Resolution 98-55, A Resolution receiving
assessment roll and calling public hearing for 10`s Street Lane, Resolution No. 98-56, A Resolution
receiving assessment roll and calling public hearing for Stillwater Lane, and Resolution No. 98-57, A
Resolution receiving assessment roll and calling public hearing for Jamley Avenue. All public hearings are
called for October 20, 1998. (Motion passed 4-0).
B. Escrow Reduction for Prairie Hamlet
Tom Prew reported in his memo, dated September 25, 1998, that Bob White, developer of Prairie Hamlet,
is requesting that the escrow account be reduced for work completed to date. This includes grading, storm
sewer, and the wetland treatment system. Prow recommended the Council reduce the required escrow on
this project to $118,556.00.
M/S/P Johnston/DeLapp — to approve the Escrow Reduction for Prairie Hamlet from $236,512.50 to
$118,556.00, based on a favorable recommendation from the City Engineer. (Motion passed 4-0).
C. Partial Payment to Tower Asphalt
Tom Prow reported Tower Asphalt is proceeding with work and is on schedule with 30a' Street
Reconstruction and 1998 Overlays. This request is for work completed through the end of September.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1998
M/S/P Johnston/DeLapp — to approve Partial Payment No. 3 in the amount of $165,794.53 to Tower
Asphalt for 30a' Street Improvements based on a favorable recommendation from the City Engineer.
(Motion passed 4-0).
D. Audit contract with Tautges, Redpath
The City received the proposed 1998 Audit Agreement with Tautges, Redpath. The City Administrator
provided a 3-year comparison to illustrate the increases.
M/S/P Johnston/DeLapp — to approve the 1998 Audit Agreement with Tautges, Redpath, Ltd, as presented
(Motion passed 4-0).
6. MAINTENANCE/PARKS/FIRE/BUILDING:
A. Backstop at Stonegate Park
The Parks Commission requests a backstop and two 30-foot sections of foul line fence installed at
Stonegate Park. Mike Bouthilet recommended it be purchased and installed by Modern Fence and
Construction Inc. The funding for this purchase will come from the Parks CIP.
M/S/P DeLapp/Dunn — to approve the purchase and installation of a backstop and two 30-foot sections of
foul line fence at Stonegate Park, and that the bid be awarded to Modern Fence & Const. Co. at a cost of
$2,900.00, with the funds coming from the Parks CIP. (Motion passed 4-0).
B. Contribution request for ice arena (School District #832)
dhe City received :a memo written by Mayor John regarding a request,for Lake.Elmots+participation in the
ISD #832 Ice Arena Costs. No representative from either Mahtoinedi or ISD.#832;was in attendance. at the
meeting to answer:any,questions:
M/S/R Dunn/DeLapp — to postpone agenda item until a representativoof School:District #832 can attend
the October 20, 1998 Council meeting. (Motion passed 4-0).
C, Fire. Department Retirement Compensation
Brad Winkel, President of the LEFD Relief Association, asked for Council approval for the annual benefits
paid to Department members, upon retirement. The benefit to be paid to qualifying members for the
calendar 1998 will be $2,200.00 per year of active duty, to be paid out as set forth in the By-laws, Section
4, Sub -Sections A-E. The Department hired the City's Auditing firm, Tautges & Redpath, because they
had problems with its former accountant. Tautges, Redpath, prepared funding spreadsheets.
M/S/P Johnston/DeLapp — to approve the Pension Fund increase for the Lake Elmo Fire Department Relief
Association to $2,200 per year of active duty as outlined in report prepared by Tautges, Redpath and add to
the LEFD Relief Association By -Laws. (Motion passed 4-0).
7. CITY ENGINEER'S REPORT:
A. Hammes Update
Tom Prew reported that Hammes Sand and Gravel was given an extension until October 1, 1998 to reduce
the number of trailers stored on site to twenty. At the time of the extension, they had 25 trailers stored.
Prew made a re -inspection of the site on Friday, October 2, 1998 and found Hammes Sand and Gravel in
compliance with 18 trailers on -site. According to our agreement the number of trailers will be reduced to
12 by June 19, 1999.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1998 4
8. PLANNING, LAND USE & ZONING:
A. Planning Commission Recommendation for amendment to Oakdale Gun Club CUP
Planner Dillerud reported at its September 14, 1998 meeting, the Planning Commission unanimously
adopted a recommendation to approve Oakdale Gun Club's application to amend the existing Gun Club
CUP to permit construction of two new structures (caretakers residence and storage building) that will
replace two existing structures. The new structures would be sited within the 40-acre Gun Club site at
locations different from the existing structures they are intended to replace.
The 1997 OP Comprehensive Plan Amendment reclassified this parcel from AG to OP, which results in the
Gun Club becoming a non -conforming use since target ranges are only allowed as a Conditional Use in the
RR district. The Commission recommended as a condition of approval that this parcel be reclassified from
OP to RAD in the Comprehensive Plan, which would coincide with the RR zoning classification, and
remove the non -conforming status of the Gun Club use.
M/S/P Johnston/Dunn — to adopt Resolution No. 98-58, as amended (Pg. 2, Condition 3. ----from OP to
RAD.), A Resolution granting a Conditional Use Permit amendment to the Oakdale Gun Club to allow
construction of a caretaker residence and storage building. (Motion passed 4-0).
Attorney Filla pointed out the City does need to take care of the amendment to the Land Use Plan before
building permits are granted.
B. Ordinance amending Section 1360.01, Subd 5 Snow Fence
At its September 14, 1998 meeting, City Planner Dillerud presented the Planning Commission a draft
ordinance, amending Section 1360.01 Subd-5 Snow Fences:; "Snow fences shallnot be located within fifty
feet of property lines or public streets. Snow fences shall not beiplaccdprior rtoNovember..land shall -be
.
removed prior to April 15." The Planning Commission recommended approval of the ordinance
amendment:
M/S/P D .../D_T d
unn a app - to postpone cons erahon until Councilman DeLapp gets his comments into the
City Planner for his reaction and place on October 20 Council agendar (Motion passed 4-0). .
C. Repeal of Future Land Use Map
City Planner Dillerud reported the Planning Commission adopted a motion recommending to the Council
that the Land Use Map element of the Comprehensive Plan be amended to delete OP guiding; and
reintroduce the land use guiding in place prior to the May 21, 1996 adoption by the Council of the OP
amendment to the Comprehensive Plan. The Commission also recommended that the reintroduced land use
guiding preclude residential land development of the type represented by RE guiding and zoning. The City
Attorney has advised that State Statutes mandate consistency between the Land Use Map and the Zoning
Map within 90 days. Council member Dunn was not in favor of the mandatory feature of OP, but
suggested that OP be an optional development procedure, with RR development into 10 acre parcels, and
RR clustering continuing to be permitted, even within areas of the City designated for OP.
M/S/P DeLapp/Johnston — to direct the City Planner to prepare a modification of OP standards in the Lake
Elmo Municipal Code and Comprehensive Plan. This modification would permit property owners the
option of developing under Ag, RR, RR clustering or OP zoning. (Motion passed 4-0).
D. Letter from Tim Freeman, Folz, Freeman, Dupay & Associates requesting taking property out of
the Development Moratorium on Village Commission Study Area
The City received a letter from Tim Freeman, Folz, Freeman, Dupay & Assoc., asking the City to being
the process of removing the parcels owned by Robert Engstrom and Terry Emerson and Ed Forliti from the
Development Moratorium on Village Commission Study Area. The property owners are interested in
working on a cooperative study for development potential of this area.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1998 5
M/S/P DeLapp/Johnston — to direct the staff to set up a workshop in a reasonable time and invite the
property owners or representatives of property owned by Emerson, Engstrom, Zintl, the directly affected
propertyowners, and the Village, Parks, and Planning Commissions and Council to review a concept plan
with an overall street plan, at which time the Council will make a determination if any further action is
warranted. (Motion passed 4-0).
9. CITY ATTORNEY'S REPORT:
10. CITY COUNCIL REPORTS:
11. UNFINISHED BUSINESS:
Workshop with Taut¢es, Redpath:
M/S/P DeLapp/Johnston — to set up a workshop for November 16, 1998, 6 p.m., with Tautges, Redpath and
Springsted to discuss Audit and Fiscal Disparities. (Motion passed 4-0).
12. CITY ADMINISTRATOR'S REPORT:
A. Curfew Ordinance (comments from Washington County)
The City received a letter from Sgt. Joe White asking the City to review their curfew ordinance so that it
would fall in line with the County's ordinance. The Deputies for the Lake Ehno contract prefer to leave it
as it is, since it allowed them a tool to deal with youth who are seventeen years old and out after curfew,
which the County's ordinance does not.
M/S/P DeLapp/Dunn — to respond to Sgt. White's memo dated August 10, 1998, asking consideration for
adoption of the County's Curfew Ordinance, that on October 6, 1998 the City discussed the County's .
comments and determined not to make any changes to Lake Elmo's Curfew Ordinance. (Motion passed 4
o).
CSAH17 (between TH5 and CSAH12)
The City received a letter from Don Wisniewski, Washington County Public Works; indicating their desire
to move forward on the CSAH17 project in Lake Elmo in 1999. If is their understanding that the City is .
-requesting construction of aseparated bike/pedestrian trail along:CSAH17. The:estimated cost -for .
construction and engineering is $385,000. The estimated right-of-way cost is $75,000. Under the County:
cost participation policy, Washington County will pay for 25% of the construction costs if the
bike/pedestrian trail is on an approved City system plan. Acquisition costs for the needed right of way
would be a City responsibility. The County is asking the City if it wants to proceed with the separated
bike/pedestrian trail.
M/S/P DeLapp/Johnston — to direct the staff to set up a workshop with Washington County, the Council,
Village Commission, Parks Commission, Planning Commission and residents along CSAH17 to discuss the
Region wide plan. (Include a City Parks Plan and county wide plan). (Motion passed 4-0).
1�, City Planner's 3-month Review
M/S/P Johnston/Dunn — to approve the job description change from City Planner to City Planner/Assistant
City Administrator, and an annual pay increase from $37,000 to $42,000, based on the recommendation of
the City Administrator in her three month probationary review. (Motion passed 4-0).
Recycling Agreement with TMT
This afternoon the City Administrator received a monthly contract from TMT for recycling. A monthly
contract will be sent until the City makes a final decision. A review for changes to the current program will
be submitted to the Council.
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1998
tEnvironmental Commission Ordinance
Administrator Kueffacr presented a DRAFT Solid Waste Ordinance for Council review.
MIS/P Johnston/Dunn — to postpone consideration of the Solid Waste Ordinance, handed out by the City
Administrator, until the October 20, 1998 Council meeting. (Motion passed 4-0).
The Council adjourned the meeting at 9:15 p.m.
---------------------------
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 98-52, A Resolution receiving assessment roll and calling public hearing for 300' Street
Improvement
Resolution No. 98-53, A Resolution receiving assessment roll and calling public hearing for Jane Court N.
Resolution No. 98-54, A Resolution receiving assessment roll and calling public hearing for 33`d Street
Lane
Resolution No. 98-55, A Resolution receiving assessment roll and calling public hearing for 10d' Street
Lane
Resolution No. 98-56, A Resolution receiving assessment roll and calling public hearing for Stillwater
Lane
Resolution No. 98-57, A Resolution receiving assessment roll and calling public hearing for Jamley
Avenue
Resolution No. 95-58, A -Resolution granting a CUP amendment to the Oakdale Gun Club to allow
construction of a caretaker residence and storage building. -
LAKE ELMO CITY COUNCIL MINUTES OCTOBER 6, 1998 7
Mayor:
Wyn John
Councilmembers:
Steve DeLapp
Susan Dunn
Lee Hunt
Karen Johnston
LaKe Elmo City Council
OCTOBER 6,1998
3800 Laverne Avenue No.
Lake Elmo, NIN 55042
777-5510 777-9615 (fax)
LakeElmoMK@aol.com
E-Mail
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 "Re
Appear Before the City Council' form; or, if you came late, raise your hand to zed.
Comments that are pertinent are appreciated. Items may be continued to a fu if
additional time is needed before a decision can be made.
Agenda
Meeting Convenes 7:00 PM
Pledge of Allegiance
1. Agenda
2. Minutes
September 1, 1998
September 8, 1998
3. Claims
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
Sherry Timmerman: County Bd. Candidate
B. Fire Department — Street Numbering
Concept Plan
C. Update from Village Commission
D. Planning Commission
(1)Resignations from PZ
(2)Interview PZ Applicants
5. CONSENT AGENDA*
*Consent agenda items are generally defined as
items of routine business, not requiring
discussion, & approved in one vote. Council
members may elect to pull a Consent Agenda
item(s) for discussion and/or separate action
A. Receive assessment roll and call public
hearing for 30th Street Improvement and
1998 Overlays
B. Escrow Reduction for Prairie Hamlet
C. Partial Payment to Tower Asphalt
D. Audit contract with Tautges,Redpath
( Lake Elmo City Council Agenda
October 6, 1998
Page 2
6. MAINTENANCE/PARKS/FIREBUILDIN
G:
A. Backstop at Stonegate Park
B. Contribution request for ice arena
(School District #832)
C. Fire Department Retirement
Compensation
7. CITY ENGINEER'S REPORT:
A. Hammes Update
S. PLANNING, LAND USE &ZONING:
A. Planning Commission Recommendation
for amendment to Oakdale Gun Club
CUP
B. Ordinance amending Section 1360.01,
Subd 5 Snow Fence
C. Repeal OP Future Land Use map
9. CITY ATTORN,EY'S REPORT:
10. CITY COUNCIL REPORTS:
A. Mayor John
B. Council Member DeLapp
C. Council Member Dunn
D. Council Member Hunt
E. Council Member Johnston
11. UNFINISHED BUSINESS:
A. Nile Fellows, MPCA —Reclamation
Plan for SWl
B. Amortization of Non -conforming uses
(Passed on to Planning and Village
Commission)
C. Workshop with Tautges and Redpath
on Fiscal Disparities
D. Environmental Commission:
Administrator will submit Ordinance
establishing commission
E. Joint Meeting with surrounding
communities
F. Has the DNR corrected the flood plain
elevations after the 509 (1007) project
was completed.
Lake Elmo City Council Agenda
October 6, 1998
Paee 3
G. Farmington MSA Text
H. Recycling Agreement with TMT
I. Stonegate Trails
J. Road Curbs
K. Highway 36 speeds
L. Trail Maintenance Policy
M. Agreement with OPH for grading and
snowplowing east half of 55th St.
N. Street Lights — pay and location
O. Appeal by Countryside Pool & Spa
12. CITY ADMINISTRATOR'S REPORT
A. Curfew Ordinance (comments from
Washington County)
B. CSAH17 (between TH5 & CSAH12)
C. City Planner's 3-month Review
D. Recycling Agreement with TMT
E. Environmental Commission Ordinance
13. Adjourn