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HomeMy WebLinkAbout02-16-99 CCMMINUTES APPROVED: March 2,1999 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1999 1. AGENDA 2. MINUTES: FEBRUARY 2, 1999 3. CLAIMS INSURANCE PACKAGE RENEWAL 4. PUBLIC INOUIRIESANFORMATIONAL: A. Doug Johnson, Washington County Attorney: Introduction B. Colley, McVey Public Relations Contract: Representative C. Days for Consolidation Meetings D. Heritage Farm Homeowners Association 5. CONSENT AGENDA: A. Washington County Sheriffs Contract 6. MAINTENANCE/PARKS/FIRE/BUILDING: A. Clean -Up Day B. Fire Dept: Election of Officers 7. CITY ENGINEER'S REPORT: A. Partial Payment estimate for Tower Asphalt: 30'h Street 8. PLANNING, LAND USE & ZONING: A. PUBLIC HEARING: Variance to Mound Systems: Waters Bay, 8766 Lake Jane Trail B. Preliminary Plat: Waters Bay — Schmidt/Hedges C. Amendments to OP D. Storm Drainage Easement by Tartan Park: The Homestead 9. CITY ATTORNEY'S REPORT: NO REPORT 10. CITY COUNCIL REPORTS: 11. UNFINISHED BUSINESS: 12. CITY ADMINISTRATOR'S REPORT: A. Update on February 10" Baytown/Bayport Meeting B. Plan for the Cooperation and Consolidation of Baytown and Lake Elmo C. Update on purchase of chairs for Council Chamber 13. ADJOURN Mayor Hunt called the meeting to order at 7:00 p.m, in the City Council Chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Plainer Dillerud, City Attorney Filla, City Engineer Prow and Administrator Kueffner 1. AGENDA M/S/P Dunn/Siedow — to approve the February 16, 1999 City Council Agenda, as amended. (Motion passed 5-0). 2. MINUTES: February 2, 1999 M/S/P DeLapp/Armstrong — to approve the February 2, 1999 City Council minutes, as amended. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1999 3. INSURANCE PACKAGE RENEWAL Dave Holmberg, Zignego Agency, our agent for insurance through the League of Minnesota Cities, provided the 1999 Renewal Premium Summary/Comparison. The premium increased $2,133 from last year. This is attributed to the purchase of new equipment. The renewal also reflects the increased limits of tort liability for local units of government, made by the 1997 Legislature and a Bond for the Fire Relief Association Treasurer. M/S/P Dunn/DeLapp — to approve the Renewal Premium from the League of Minnesota Cities at at cost of $37,091. (Motion passed 5-0). M/S/P DeLapp/Armstrong — to resolve that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statute 466.04, consistent with past policy. (Motion passed 5-0). CLAIMS M/S/P DeLapp/Dunn — to approve the February 16, 1999 Claims, as presented. (Motion passed 5-0). 4. PUBLIC INOUIRIES/INFORMATIONAL: A. Doug Johnson, Washington County Attorney: Introduction B. Colley, McVoy Public Relations Contract: Administrator Kueffner reported that Baytown's Attorney had the same concerns with language in the contract as Lake Elmo's City Attorney, Jerry Filla. Kueffner will meet with Bob Gagne to go over the concerns, and the contract will come back to the Council for approval. C. Dates for Consolidation Meetings Administrator Kueffner reported public meetings to present the Consolidation Plan will be held on March 15 and March 30, at 7:00 p.m., Oakland Jr. H.S.. Kueffner will invite the Baytown Town Board, Lake Elmo City Council, Dept. Heads, Fire Dept., City Engineer, and Auditing firm to attend the public meetings. Mayor Hunt will extend an invitation to the political figures. A booklet will be put together, by volunteers, bulleting the high points of the Consolidation plan. The next City newsletter will be dedicated to the consolidation. D. Heritage Farm Homeowners Association Council member DeLapp reported the first full Heritage Farm Homeowners Association Board meeting will be held, Thursday, February 18, at 6:30 p.m. at Lake Elmo City Hall and Council members are invited to attend. Mayor Hunt and Administrator Kueffner will try to attend the meeting. 5. CONSENT AGENDA: A. Washington County Sheriff's Contract M/S/P Dunn/Siedow - to approve the 1999 Law Enforcement Contract with the Washington County Sheriff's Department. (Motion passed 5-0). 6. MAINTENANCE/PARKS/FIRE/BUILDING: A. Clean -Up Days Administrator Kueffner and Dan Olinger met with Gary Vasko regarding the City's 1999 Clean-up day and selected April 24, from 8 a.m. until noon, at the Washington County Fairgrounds. They have been working on a revised fee schedule, which will be provided to the Council at the March 2"d meeting. Councilor DeLapp suggested asking the Baytown Town Board if it would like sharing Lake Ehno's clean up day with their residents. The hours may need to be extended in order to serve all the residents. Help LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1999 should be requested from the Sheriffs Department with the traffic flow into the Fairgrounds. Council member Armstrong asked the staff to look into the possibility of adding a Fall Clean-up Day. M/S/P DeLapp/Dunn - to discuss with Baytown Board if there is interest in its residents attending Clean up Day on April 24, 1999. (Motion passed 5-0). M/S/P Dunn/Siedow — to set Saturday, April 24, 1999, 8-Noon, as Clean Up Day in Lake Elmo to be held at the Washington County Fairgrounds. (Motion passed 5-0). B. Fire Dept: Election of Officers M/S/P Dunn/Armstrong — to appoint Chris Howard as Assistant Chief, Station 1; Jim Bjorkman, Captain (Station 1); Cliff Schill, Captain (Station 2), based on the election of the Fire Department held on January 19, 1999. (Motion passed 5-0). 7. CITY ENGINEER'S REPORT: A. Partial Payment estimate to Tower Asphalt: 30"' Street In his letter dated February 11, 1999, City Engineer, Tom Prow, reported Tower Asphalt is nearly complete with the 30`" Street Reconstruction project and the 1998 Overlays. Landscaping work on 30'h Street remains for the Spring. The Change Order covers three items. I. A two-inch water service extended to the Wahlstrom property on 30" Street. Mr. Wahlstrom requested this oversized service and will be billed for it. 2. A plate beam guardrail on 30n' Street, which was placed next to a Northern Natural Gas Company gas valve. The Gas Company required this when they approved the street plan. This is eligible for MSA funds. 3. A plate beam guardrail on loth Street Lane, around box culvert that has a 5-foot high drop off adjacent to the road. M/S/P DeLapp/Dunn — to approve Partial Payment No. 5 in the amount of $34,407.45, and Change Order No. 2 in the amount of $8,230.77, as recommended by the City Engineer in his memo of February 11, 1999. (Motion passed 5-0). 8 PLANNING, LAND USE & ZONING: A. PUBLIC HEARING: Variance to Permit Mound Septic Systems (3) — Waters Bay: Schmidt/Hedges, 8766 Lake Jane Trail The public hearing notice was published in the Stillwater Gazette and adjacent property owners were notified. Planner Dillerud reported a preliminary plat for Waters Bay has been submitted for review to create three new building sites at the southwest shore of Lake Jane. At its February 8"' meeting, the Planning Commission conducted the public hearing and recommended approval of the preliminary plat proposal to divide a 12.2 acre site on Lake Jane into three single family building lots in R-1. The applicant has applied for variances to the septic regulations to permit use of mound treatment systems on all three lots due to the incidence of high water tables on the site. In his letter of February 4, 1999, the City Engineer recommended approval of the requested mound system variances subject to several conditions regarding preservation of the sites during site construction activities. Mayor Hunt opened up the public hearing at 7:45 p.m. in the Council chambers. There was no one to speak for or against the variance request. Mayor Hunt closed the public hearing at 7:46 p.m. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1999 3 Tim Freeman, Folz, Freeman, Dupay & Assoc., explained the recommendation for the use of a mound system for septic treatment was made because the Dale Ellin, soil tester, encountered evidence of high water in the soil borings on the property. They are unable to have standard septic systems because they are 4' from the water. Mr. Eklin contacted the Minnesota Pollution Control Agency to visit the site to verify his findings. The representatives were more comfortable with mound systems, which provide an extra measure of safety. Lake Elmo code requires a variance for a mound system to be used as the primary treatment system. Council member Dunn voiced her concern that the developer receives a Valley Branch Watershed permit for the preliminary plat based on the past history of the water problem in the area and questioned the number of parcels presented in the Waters Bay plat. M/S/P DeLapp/Siedow — to adopt Resolution No. 99-16, as amended, approving variances to permit mound septic systems as the primary wastewater treatment system on Lots 1, 2 and 3, Waters Bay Preliminary Plat, subject to conditions of the City Engineer's letter of February 4, 1999 and approval/recording of the Waters Bay Final Plat. (Motion passed 5-0). Council member Armstrong explained the reasons she voted for the motion was the neighbors didn't oppose the variance request and the Minnesota Pollution Control Agency recommended a mound system. B. Preliminary Plat: Waters Bay Schmidt/Hedges At its February 8°i meeting, the Planning Commission held a public hearing and recommended approval of the Waters Bay Preliminary Plat. Planner Dillerud explained the focus of the Hearing testimony and Commission discussion regarding the proposed plat was overall site elevation in relation to the lake, and the location of the driveway proposed to serve Lot I. The issue with respect to site elevation is a function of the relationship between the present DNR established Ordinary High Water and 100-Year Flood elevations of the lake and the existing site elevations. A condition of the Planning Commission recommendation is the combination of the driveways from Lake Jane Trail to Lots 1 and 2. According to the Lake Elmo Code, Council member DeLapp brought up the minimum driveway angle from a two way access street shall be 90 degrees and from a one way street shall be 30 degrees. On the Plat presented, the driveway is a 60degree angle. DeLapp wanted to address this now because of the concern on landscaping between property on south and Lot 2. If the driveway angle has to change to 90 degrees, then it will push the driveway further into the lot and provide a greater buffer to the neighboring properties. Tim Freeman said he could change the driveway to a 90-degree angle so the driveway will be further away from the Taylor property. The Building Official will have to address the driveway location when the building permit comes in. M/S/P Siedow/DeLapp —to adopt Resolution No. 99-17, approving the Preliminary Plat of Waters Bay upon the findings and conditions recommended by the Planning Commission. (Motion passed 5-0). C. Amendments to OP Planner Dillerud recommended the Council direct the Planning Commission to continue its review of the text and promptly hear and recommend an inclusive OP text amendment. A public hearing will be published for the March 8`n Planning Commission meeting, and the Council could see the new Commission recommendation at its March 16 meeting. M/S/P Armstrong/Dunn - to direct the Planning Commission to hold a public hearing on the amendment to the OP Ordinance on March 8, 1999, and report its findings to the Council at the earliest possible date. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1999 D. Storm Drainage Easement by Tartan Park —the Homestead Planner Dillerud reported the City Attorney has recommended the Council accept the submitted drainage easement across a portion of Tartan Park property (pipe) related to the Homestead OP. The City Engineer has reviewed the easement for adequacy, and Lake Elmo Foundation (Tartan Park) has executed the easement. M/S/P Armstrong/Dunn — to accept the drainage easement from the Lake Elmo Foundation as recommended by the City Attorney and City Engineer, and executed by the Lake Elmo Foundation January 8, 1999. (Motion passed 5-0). 9. CITY ATTORNEY'S REPORT: NO REPORT 10. CITY COUNCIL REPORTS: Mayor Hunt reported on the following: Dr. Macy, Supt. of Stillwater Schools, requested approx. 20 minutes on a Council agenda to introduce her and update the Council on current issues and address questions. M/S/P DeLapp/Dunn — to direct the staff to contract Dr. Macy, Supt. of Stillwater Schools, to schedule a time for her to appear at a City Council meeting in the near future. (Motion passed 5-0). Received a request from Washington County Board Chair, to have a District 2 television show, hosted by Bill Pulkrabek. According to GTN, one of the municipalities within thejurisdiction has to request this TV program. M/S/P DeLapp/Armstrong — to endorse the desire of the Washington County Board Chair to have a program produced for District 2, and further encourages GTN and the Washington County Board of Commissioners consider a wider forum for the entire Washington County. (Motion passed 5-0). Had a discussion on GTN on Lake Elmo Diary. GTN would like to come in and kick-start the program. The Human Rights Commission asked about their budget and creating a brochure on describing the FIRC. Council member DeLapp asked the City to reconsider the septic ordinance based on tonight's discussion of allowing mound systems. A change to the septic ordinance will be drafted based on the City Engineer and Attorney input and placed under Unfinished Business on a future Council agenda. Council member Dunn asked that more information be given out on the proposed consolidation with Lake Elmo and Baytown. She also asked the Council and staff follow the purchase policy which requires administrative review on equipment purchases. Council member Armstrong agreed that information on the Consolidation needs to be inserted in the newsletter and sent to Baytown residents. Administrator Kueffner will work with Pat St. Clair on a mailing. Once the City receives anew rate schedule, she asked if there is interest in holding a Fall Clean up day. 10. UNFINISHED BUSINESS: JL CITY ADMINISTRATOR'S REPORT: A. Update on February 10'h Baytown/Bayport Meeting Administrator Kueffner reported on the meeting she attended between Baytown and Bayport. She found Bayport a very nice group to work with and a group who wants to control their development. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1999 B. Plan for the Cooperation and Consolidation of Baytown and Lake Elmo Administrator Kueffner handed out 30 copies of the Plan for the Consolidation of Baytown and Lake Elmo at the February 10°i meeting. Kueffner will work with volunteers to make up a summary of the Plan. C. Update on Purchase of Chairs for Council Chamber The Deputy Clerk is working with Councilman DeLapp on purchase of chairs for the Council Chamber. The Council looked at and commented on different chair designs. The Council adjourned the meeting at 9:30 p.m. Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 99-16 Approving variances to mound septic systems on Lots 1, 2 and 3 of Waters Bay Preliminary Plat Resolution No. 99-17 Approving the Preliminary Plat of Waters Bay LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 16, 1999 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday February 16, 1999 3800 Laverne Avenue No. Lake Elmo, MN 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 "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 Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes February 2, 1999` s 3. Claims, Insurance Package Renewal J 4. PUBLIC INQUHUES/INFORMATIONAL: A. Doug Johnson, Washington County Attorney:Introduciton B. Colley, McVoy Public Relations Contract:Representative 5. CONSENT AGENDA: A. Washington County Sheriff's Contract 6. MAINTENANCE/PARK/FIREBUILDING A. Clean -Up Days B. Fire Dept:Election of Officers C. Other 7. CITY ENGINEER'S REPORT: Tom Prew A. Partial Payment estimate for Tower Asphalt:30'h Street 8. PLANNING, LAND USE & ZONING: C. Dillerud A. PUBLIC HEARING: Variance to Mound Systems:Waters Bay B. Preliminary Plat:Waters Bay Schmidt/Hedges C. Amendments to OP Lake Elmo City Council Agenda February 16, 1999 Page 2 D. Storm Drainage Easement by Tartan Park:The Homestead 9. CITY ATTORNEY'S REPORT: Jerry Filla 10. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong D. Council Member Siedow 11. UNFINISHED BUSINESS: A. Nile Fellows, MPCA — Reclamation Plan for SWI B. Amortization of Non -conforming uses (Passed on to Planning and Village Commission) C. Joint Meeting with surrounding communities D. Farmington MSA Text E. Stonegate Trails F. Road Curbs (1-5-99 Two month deadline) G. Trail Maintenance Policy H. Agreement with OPH for grading and snowplowing east half of 55lh St. 1. Cat Ordinance (1-5-99) J. Contract for Building Inspection Services, Personnel Policy on Conferences (1-5-99) K. Lake Elmo Diary:Add to Work Plan (3, month deadline) L. Invite Jolene Servatius, MnDOT to meeting (2-2-99) M. Policy for e-mail usage:J.Filla (2-2-99) N. Workshop on cul-de-sac, curbs, ditches: Olinger, Fire Dept., Council 12. CITY ADMINISTRATOR'S REPORT MLK A. Update on Feb. 101h Baytown/Bayport Meeting B. Plan for the Cooperation and Consolidation of Baytown and Lake Elmo 13. Adjourn 2-22-99, 5:30 p.m., CC/PZ Workshop on PF