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HomeMy WebLinkAbout11-02-99 CCMMINUTES APPROVED: November 16, 1999 LAKE ELMO CITY COUNCIL MINUTES November 2, 1999 (Meeting time was changed to 8:00 p.m. because of the School Board Elections) 1. AGENDA 2. MINUTES: October 19, 1999 3. CLAIMS 4. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Inquiries B. Congratulations to Katie Wemeier, winner of LEHRC Logo Design Contest C. Y2K Reports: Cynthia Young D. Lake Elmo Geography Fair Scheduled for November 18th E. Letter from Minnesota Soil and Water Conservation "Outstanding Conservationist Luncheon" 5. CONSENT AGENDA: A. Request for Extension by Stillwater Investments 6. MAINTENANCE/PARK/FIRE/BUILDING: A. MAC recommendation on front-end loader: Dan Olinger B. Fence for Tablyn Park Retaining Wall CITY ENGINEER'S REPORT: A. Resolution Ordering Plans and Specs for Section 33 Water System Improvements (Continued to November 16, 1999) B. Resolution Ordering Feasibility Study for Old Village Water System Improvements (Continued to November 16, 1999) C. 50`s Street Pavement (Continued to November 16, 1999) 8. PLANNING, LAND USE & ZONING: A. Recommendation from Planning Commission on E&H Earthmovers/Trans City Investments Concept Plan B. Participation Authorization — Surface Water Infiltration Monitoring Project 9. CITY ATTORNEY'S REPORT: A. Resolution amending agreement for Outlot E, Wildflower Shores -postponed 10. CITY COUNCIL REPORTS: 11. UNFINISHED BUSINESS: 12, NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. Web Page B. Inquiry by MN Department of Trade and Economic Development Mayor Hunt called the Council meeting to order at 8:00 p.m. in the Council chambers. Present: Siedow, Hunt, Armstrong, DeLapp, Administrator Kueffner, City Planner Dillerud, Attorney Filla, City Engineer Prew, Y2K Co-Ordinator CynthiaYoung, Y2K Support Staff Dan Olinger, Maintenance Supvr. and Brad Winkels, Fire Dept. 1. AGENDA M/S/P Armstrong/Siedow — to approve the November 2, 1999 City Council agenda, as amended. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1999 2. MINUTES: October 19, 1999 M/S/P Siedow/Armstrong — to approve the October 19, 1999 City Council Minutes, as amended. (Motion passed 3-0-lAbstain: Mayor Hunt) 3. CLAIMS (Question on monies city received for St. Croix Animal Shelter) M/S/P DeLapp/Siedow — to approve the November 2, 1999 Claims, as presented. (Motion passed 4-0). 4. PUBLIC INQUIRIESANFORMATIONAL: A. PUBLIC INQUIRIES Gay VanPelt, 2461 Lisbon Avenue N, concerned that the request for vacation of 25°1 Street and Lisbon Avenue N. easement will be lost and asked what the schedule is for continuation of this item. Tim Mandel, 2479 Lisbon Avenue, indicated he handed out letter to City Administrator, March 1, 1999, with his petition for vacation that was placed on the September agenda, thought it would be continued on November agenda. Administrator Kueffner responded she would get a recommendation for the November 16`" meeting. B. Congratulations to Katie Wemeier, winner of Lake Elmo Human Rights Commission Logo Design Contest The Council and the members of the LEHRC recognized Katie Wemeier, winner of the LEHRC logo design contest, with a certificate of achievement and a $50 bond. The LEHRC is committed to teaching diversity and promoting an atmosphere of harmony, respect and equal rights among all people regardless of color, religion, age, gender or disability. Students who participated in this contest were asked to focus on this mission as they created their logo design. The Commission extended its appreciation to all those students from Ms. Davis 1998-99 6 grade class at Lake Elmo Elementary School who submitted their creative designs. C. Y2 Report: Cynthia Young Cynthia Young, Year 2000 Project Coordinator, provided the Council with a report arranged by department that includes an inventory of each system, the risk classification and contingency Plan. The Washington County emergency plan was handed out at the meeting. The 2000 representatives from Fire Dept, Brad Winkel, gave a brief description of the command center, and Maintenance Supvr, Dan Olinger reported on contingency plan for water system. Council member Armstrong asked that the City get financial statements on paper and backups. The Rollover Plan will be noted in the November/December newsletter. M/S/P DeLapp/Armstrong - to accept the Year 2000 Project Report presented and thanked Cynthia Young, Brad Winkel, Dan Olinger for their efforts to organize the report.(Motion passed 4-0.) D. Lake Elmo Geography Fair scheduled for November 181" Lake Elmo Elementary School has invited the City to participate in their School Geography Fall schedule for November 18`" from 6:30 to 8:30 p.m. Cynthia Young has suggested the City spread the word about our Y2K efforts. Other suggestions were information on recycling and new voting machines. M/S/P Armstrong/Siedow — to approve the City participate in the Lake Elmo Elementary Geography Fair on November IS". (Motion passed 4-0.) E. Letter from Minnesota Soil and Water Conservation "Outstanding Conservationist Luncheon. Mayor Hunt will attend the award luncheon to receive our award on Tuesday, December 6, 1999 at the Duluth Entertainment Center. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1999 2 5. CONSENT GENDA A. Request by Stillwater Investment for Extension Stillwater Investment has requested another 30-day extension for consideration of their application for a Comprehensive Plan Amendment and Rezoning. Administrator Kueffaer will ask Stillwater Investment to follow up their verbal request with a letter. M/S/P DeLapp/Armstrong - Based on the verbal request from Stillwater Investment, with a follow up written request, to postpone for 30 days their application for a Comprehensive Plan Amendment and Rezoning. (Motion passed 4-0). 6. MAINTENANCE/PARK/FIRE/BUILDING: A. MAC Recommendation on Front-end load: Dan Olinger Dan Olinger reported MAC reviewed the request from the Maintenance Dept. for the purchase of a Front - End loader to replace the existing 1986 unit. A motion was made to purchase the Case model 721 C Wheel Loader per the State of Minnesota specifications at a price of $118,894.00 plus tax to replace our 15 yr. old existing unit and include an additional $2,160.00 for the purchase of lights, radio and lettering of the unit, less the trade of our old unit at a price of $18,000 or sold out right whichever is greater. Another motion was made recommending the purchase of the new Case 721C be financed through the Municipal Lease program for the 5 or 6 year plan proposed, which ever appears most beneficial per our finance director. M/S/P DeLapp/Siedow — based on the support of the MAC, Administration, to use financing recommended by the Finance Director for purchase of new Case model 721 C front end loader and authorize the Maintenance Supervisor make reasonable effort to get price for existing equipment, prior to trade-in if possible. (Motion passed 4-0.) B. Fence for Tablyn Park Retaining Wall Mike Bouthilet reported in his November 2"a memo that the new retaining wall in Tablyn Park is complete. A fence must be installed to prevent falling which is a mandatory safety installation. Originally, he had planned to do the installation himself and only budgeted for materials. Once the wall was complete, it became apparent that a fencing professional should do this installation. Using the low quote puts this $4000 CIP expenditure $160 over budget. It is his recommendation that an additional $160 be taken out of the Parks CIP to have First Quality Fence do this installation as soon as possible. A temporary construction fence is in place. M/S/P Armstrong/Siedow — to award the job of installation of fence in Tablyn Park to First Quality Fence in the amount of $950 based on the recommendation of the Parks Supervisor. (Motion passed 4-0). 7. CITY ENGINEER'S REPORT: (Continued to November 16, 1999 Council meeting). A. Resolution Ordering Plans and Specs for Section 33 Water System Improvements B. Resolution Ordering Feasibility Study for Old Village Water System Improvements C. 50'h Street Pavement 8. PLANNING, LAND USE & ZONING: A. Recommendation from Planing Commission on E&H Earthmovers/Trans City Investments Concept Plan At its October 17, 1999 meeting, the Planning Commission recommended the denial of the application for the proposed division of the existing 40 acre Trans City parcel, and; thereafter a Comprehensive Plan Amendment from RAD to C, rezoning from RR to GB; and, a PUD Concept Plan to accommodate the offices/shop and outside storage of construction equipment for E&H Earthmovers. The PUD application is LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1999 3 intended to preclude by contract uses of the site (otherwise allowed in the GB zoning district) other than that of E&H, as well as to overcome the exclusion of outside storage of contractors equipment that is found in GB use standards. Planner Dillerud reported the Commission endorsed E&H's desire to vacate the site at 10`h and Manning where he is located as a legal non -conforming use. The majority of the Commission did not believe the solution proposed by the application is proper land use planning. The existing Trans City Conditional Use Permit for Alternative Ag use was viewed by the Commission as a clear procedural impediment to at least the Minor Subdivision application. The Commission Chair offered the applicant the alternative of tabling the application to enable investigation of other solutions to the 10°i/Manning site, but the applicant declined and requested a vote of the Planning Commission. Tim Freeman, representing E&H Earthmovers, agreed with the Planner's report. E&H Earthmovers started in east Oakdale way back when it was called east Oakdale. They found a better solution to move it out of a residential area and into a business area, but cannot find a way through the Code to allow the relocation. The Planning Commission agreed with the staff report and after a motion was made to deny, a motion was made that they liked the proposal and asked Council the procedural way to make it happen. The City Planner stated the Council needs to decide how they feel about relocating E&H within the City? The Contractors' shop is allowed in GB, but the storage yard is not. Where would you want to apply the GB zoning district in the community? M/S/P DeLapp/Armstrong — to adopt Resolutions 99-76 Denying the applications of E&H Earth Movers/Trans City Investments for a Comp Plan Amendment, Resolution No. 99-77 Denying Rezoning, Resolution No. 99-78 Denying PUD Concept Plan, Resolution No. 99— 79 Denying Minor Subdivision, based on the findings of the Planning Commission. (Motion passed 3-1:Siedow felt the zoning laws are too strict, cannot see into the future so have to take a look at each application individually.) Council member Armstrong pointed out Mr. Emerson doesn't own this land yet, so it is up to Mr. Gelb to come to the City. The Concept of Alternate AG is to preserve open space not to accommodate uses that don't fit anywhere else in the code. Council member DeLapp indicated situations such as this that may not be permitted in the code but could be considered under Alternate AG zoning. The City should consider rebirth of Alternate AG with strict controls on lighting, and landscaping. Mayor Hunt indicated the Administrator brought up the possibility of transitional zoning. He would favor relocation of such proposal of low investment. M/S/P DeLapp/Siedow — to direct the staff to call a workshop between the Council, Planning Commission, Village Commission, Staff, after the conclusion of the PF ordinance is approved, for the discussion of making uses such as heavy commercial available within the City and consider if there is need for Alternate Ag. (Motion passed 4-0) B. Participation Authorization — Surface Water Infiltration Monitoring Project Brett Emmons of Emmons & Oliver, a Lake Elmo based environmental engineering firm, has proposed an application to the Metropolitan Council for grant funding regarding surface water infiltration that would include participation by the City. The Council received a draft grant application. The Emmons study is an effort to close the gap between theory and practice by monitoring surface water infiltration sites that will be constructed in the Fields of St. Croix OP neighborhood for a two year period to determine the performance of the infiltration as well as the costs to maintain the infiltration sites. The $62,000 study would be 75% funded by the Metropolitan Council, with the 25% "local match" being the cost to build the infiltration sites by Mr. Engstrom, donated services by the Fields of CSA to monitor rain fall amounts; and $3500 by the City to publish and distribute the resulting manual on the infiltration alternative. The City's contribution would not come until near the end of the project — 2002. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1999 4 M/S/P DeLapp/Siedow — to authorize participation by the City in the Emmons & Oliver surface water infiltration study to the extent of up to $3,500 to publish and distribute the manual in the Year 2002, on the condition that the Metropolitan Council grant for the study is approved and funded and to send this council packet to VBWD, EPA. MN Soil and Water Conservation. (Motion passed 4- 0.) 9. CITY ATTORNEY'S REPORT: A. Resolution amending agreement for Outlet E, Wildflowers Shores Administrator Kueffner asked for postponement because she met with City of Oakdale and they knew nothing about this. M/S/P Armstrong/Siedow - to postpone consideration of proposed resolution. (Motion passed 4-0.) 10. CITY COUNCIL REPORTS: Mayor Hunt reported Media One and AT&T will be merging and the City will be receiving more information. Information was provided on the Holiday Bureau and on how to apply or provide assistance, November 9s' Stillwater Chamber and LE Business Assoc. talk about e-commerce and the web, November 10'" Eggs & Issues with Holston, Laidig, Vanderveer, Larsen; Baytown Township groundwater contamination. Hunt would like to attend the Information Technology Conference at the Radisson South. M/S/P DeLapp/Armstrong — to approve Mayor Hunt's attendance at conference on Information Technology at a cost $600 at the Radisson South. (Motion passed 3-0-lAbstain:Hunt) Council member Armstrong asked the City to support the merging of the St. Croix Animal Shelter and Ramsey Humane Society merging. 11. UNFINISHED BUSINESS: 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT: A. Web Page Administrator Kueffner provided a proposal from Scott Gustafson for mastering the City's web page. The Council thought the proposal was very reasonable. Except for Council member DeLapp, they did not want to see advertising on our website. Mayor Hunt asked to check with the League of MN Cities regarding registering the websito address because there are addresses reserved for cities. The Council would like to appoint a staff member as the contact person for Mr. Gustafson. M/S/P Siedow/Armstrong — to accept the proposal dated October 19, 1999 as presented by Scott Gustafson, but not commit to any timeframe and review again in March or April of 2000. (Motion passed 4-0.) B. Inquiry by MN Department of Trade and Economic Development The City received an inquiry by Mark Lofthus of the MN Department of Trade and Economic Development regarding assistance for a site for a new corporate headquarters. The headquarters would be located in the Eagle Point Business Park on 1-94. The loan program available through MDTE and the City was explained. The Council was asked if it could support forgiveness of any part of the loan that could be collected by the City. M/S/P Hunt/Armstrong — to direct the staff to inform the MN Department of Trade and Economic Development that the Council is interested in business proposal for a corporate headquarters and would support sponsoring the application and the forgiveness of any part of the loan that could have been collected by the City. (Motion passed 4-0) The Council Adjourned the meeting at 9:40 p.m. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1999 Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 99-76 Denying the applications of E&H Earth Movers/Trans City Investments for a Comp Plan Amendment Resolution No.99-77 Denying Rezoning Resolution No. 99-78 Denying PUD Concept Plan Resolution No. 99-79 Denying Minor Subdivision Resolution No. PZ99-80 Granting Variances for Hagberg's Market LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 2, 1999 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday November 2, 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 meeting 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 recognize Comments that are pertinent are appreciated. Items may be continued to a future meeting i additional time is needed before a decision can be made. Agenda Meeting time has been changed to 8:00 p.m. because of the School Board Elections City Council Meeting Convenes 8:00 PM Pledge of Allegiance I.Agenda 2. Minutes October 19, 1999 3. Claims 4. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES B. Congratulations to Katie Wemeier, winner of LEHRC Logo Design Contest C. Y2K Report: Cynthia Young 5. CONSENT AGENDA: A. Request for Extension by Stillwater Investment 6. MAINTENANCE/PARK/FIRE/BUILDING A. MAC recommendation on front-end loader: Dan Olinger 7. CITY ENGINEER'S REPORT Tom Prew A. Resolution Ordering Plans and Specs for Section 33 Water System Improvements (Continued to November 16, 1999) B. Resolution Ordering Feasibility Study for Old Village Water System Improvements (Continued to November 16, 1999) C. 501h Street Pavement (Continued to November 16, 1999) Lake Elmo City Council Agenda November 2, 1999 Page 2 8. PLANNING, LAND USE & ZONING: C. Dillerud A. Recommendation from Planning Commission on E&H Earthmovers/Trans City Investments Concept Plan B. Participation Authorization — Surface Water Infiltration Monitoring Project 9. CITY ATTORNEY'S REPORT: A. Resolution amending agreement for Outlet E, Wildflower Shores 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. Stonegate Trails B. Trail Maintenance Policy C. Agreement with OPH for grading And snowplowing east half of 55`h St. D. Contract for Building Inspection Services (1-5-99) E. Lake Elmo Diary:Add to Work Plan F. Invite Jolene Servatius, MnDOT to Meeting (2-2-99) G. RFP for Attorney (Criminal) H. Cat Ordinance I. E-Mail Transmission J. Staff Review on deserted house at 8961 37'h Street K. Upgrade of City Hall L. Open Space Ordinance (Workshop set for November 30th, 6:15 p.m.) 12. NEW BUSINESS: 13. CITY ADMINISTRATOR'S REPORT A. Web Page Budget Hearing: Tuesday, November Workshop on OP 30th, 5:00 p.m. and PF, November 30°h 6:15 P.M.