HomeMy WebLinkAbout07-19-2011 CCMLAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 1
MINUTES APPROVED: August 9, 2011
City of Lake Elmo
City Council Meeting Minutes
July 19, 2011
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson and Smith
Also Present: Administrator Messelt, Attorney Snyder, City Engineer Bohrer, Planner
Matzek, Fire Chief Malmquist, Joe Rigdon, KDV, and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member Smith moved to Approve the July 19, 2011 City Council
Agenda as amended by moving Item #11 before meeting minutes and add Item 10.5
Welcome Monument sign. Council Member Park seconded the motion. The motion
passed 5-0.
ACCEPTED MINUTES:
The July 5, 2011 City Council minutes were accepted as amended by consensus of the
City Council.
PUBLIC COMMENTS: None
CONSENT AGENDA:
MOTION: Council Member Emmons moved to approve Agenda Items 2-10 with the
exception of Item 9 as presented on the Consent Agenda. Council Member Pearson
seconded the motion. The motion passed 5-0. (Council Member Pearson abstained on
Agenda Items 6, 7, and 8-Electrical Inspections)
Approve payment of disbursements and payroll in the amount of $225,848.80
Authorize Partial Payment No. 1 in the amount of $69,076.00 to be paid from the
Street Maintenance Fund for the 2011 Seal Coat Project
Accept the work for the 2010 Street and Water Quality Improvement Project and
authorize payment No. 4 (Final) in the amount of $23,965.29 to T.A. Schifsky and
Sons, Inc. to be paid from the Project Fund for the 2010 Street and Water Quality
Improvements Project
Authorize Partial Payment No. 1 in the amount of $159,318.32 to be paid to
Hardrives, Inc. from the Project Fund for the 2011 Street and Water Quality
Improvements Project
Award contracts for 2011 raingardens (13 total)
LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 2
Adopt Ordinance No. 08-048, An Ordinance amending Chapter 151 by adding the
Minnesota Electrical Act to the Lake Elmo City Code
Adopt Electrical Inspection Services Agreement with Joseph Wheaton, Wheaton
Inspections, as presented
Adopt Ordinance No. 08-049 amending 2011 to include Fee Schedule for
Electrical Inspections
Approve selection of Focus Engineering for City Engineering Services
REGULAR AGENDA:
Recognition of James Sachs for over 30 Years of Service
The City Council recognized James Sachs for his over 30 years of service to the
community and the Lake Elmo Fire Department. Over the span of his career, Jim held
the positions of Firefighter, Captain and Assistant Chief.
2010 Audit Presentation
Steve McDonald from Abdo, Eick and Meyers presented the 2010 Annual Financial
Report with a management letter.
MOTION: Council Member Pearson moved to accept the 2010 Year End Financial
Report. Council Member Park seconded the motion. The motion passed 5-0.
Variance to allow accessory building at 9940 59th Street Court N.
This item was moved from the Consent Agenda for clarification from Planner Matzek.
MOTION: Council Member Pearson moved to approve 2011-026 approving the
requested variance to allow an accessory building over 500 sq.ft. to be built as proposed
at 9940 59th Street Court N. with internal flood-proofing techniques. Council Member
Park seconded the motion. The motion passed 5-0.
Welcome Monument on Keats Avenue
The City Council received a response to a query regarding Keats Avenue Welcome
Monument Budget. Council Member Smith requested the City Council meeting date
when Council gave approval to spend approximately $30,000.
Appeal Hearing on Denial of a Fence Permit Application for a Proposed 6’ High Solid
Fence in the Side Yard of the property at 12418 Marquess Way N.
The City Council, acting as the Board of Appeals, was requested to determine whether
Staff’s interpretation of the City Code related to the applicant’s proposed fence
construction at 12418 Marquess Way North is in conformance with the existing
regulations, as written. The property owners, Robert and Jodi Konop, have requested to
build a solid 6’ high fence around the perimeter of his rear yard.
LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 3
Mayor Johnston acknowledged receiving additional letters supporting Mr. Konop’s
variance application.
MOTION: Council Member Smith moved to affirm the appeal by adopting Resolution No
2011-027 approving a fence permit to allow a solid, six foot high fence along the side
property lines adjacent to other residential properties at 12418 Marquess Way N.
Council Member Park seconded the motion. The motion passed 3-2 (Council Members
Emmons and Pearson voting against.)
Request to extend the deadline for submission of a Preliminary Development Plan related
to a Senior Living/Farm School development at 9434 Stillwater Boulevard
The City Council considered a request by Tammy Malmquist, 8549 Ironwood Trail N.,
for an extension to the deadline required to submit an application for a Preliminary
Development Plan related to a Senior Living/Farm School project at 9434 Ironwood Trail
N. Mrs. Malmquist has requested an extension of one additional year from the date of the
concept plan approval.
The City Council approved the concept plans for a Planned Unit Development (PUD) and
OP-Open Space Conservation Development on July 20, 2010. The City Code requires
the submissions of a Preliminary Development plan within one year of this date in order
for the approved plan to remain valid.
Ed Nielsen, 9498 Stillwater Blvd, submitted comments and concerns with the proposal.
Larry Weiss, 9302 Stillwater Blvd., polled the neighborhood and found they were all
against the large building being obtrusive to the county landscape.
Susan Hansen, 9349 Stillwater Blvd., stated the senior living is a good idea, but not a
good location along Hwy 5 for seniors with dementia.
Tammy Malmquist responded the size of the building cannot be determined until the
sizes of units have been determined. She has a purchase agreement on the land, has
buyers, and is exploring all financial options.
Attorney Snyder pointed out the request is to approve an extension, not the project. The
City Council will decide the merits of the preliminary development plan when submitted.
MOTION: Council Member Park moved to approve a request to extend the deadline for
submission of Preliminary Development Plan for the PUD/OP Development related to
senior living/farm school project at 9434 Stillwater Boulevard North from July 20, 2011
until July 20, 2012. Council Member Smith seconded the motion. The motion passed 3-2
(Council Members Emmons and Pearson voting against.)
LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 4
Accessory Building Variance – 5761 Keats Avenue
The City Council considered a variance required from Steve and Joan Ziertman, 5761
Keats Avenue, to allow the construction of a second 2,400 sq.ft. accessory building on
their property. The proposed building would be used to house equipment related to the
growing and selling of agricultural products. A variance has been requested because the
applicants already have built a 2,310 sq.ft. building on their property, and the RR – Rural
Residential Zoning District only allows one such accessory building on their property.
The Planning Commission recommended approval of the variance request with two
conditions of approval.
Rod Sessing, 5699 Keats Avenue, stated his property is part of the Ziertman farm. He has
grown pumpkins since 1997 and plans on getting back into farming. He said he had to
cut back because of storage problems… had equipment in the building and sitting
outside. He would like the Council to open to all property owners with 10.7 acres the
ability to construct an additional accessory building.
Doug Lovitt , 9940 59th St. Court N., has a small produce farm and sees the need for
more barn space.
MOTION: Council Member Smith moved to adopt Resolution Number 2011-028 A
Resolution approving a variance to allow the construction of a new 2,400 sq.ft. Accessory
building at 5761 Keats Avenue in addition to an existing 2,310 sq.ft. building in a Rural
Residential Zoning District. Council Member Park seconded the motion. The motion
passed 3-2 (Council Member Emmons and Pearson voting against.)
MOTION: Council Member Emmons moved to direct staff to add the review of the
ordinance relative to this question at a workshop for prioritization on the Planning
Commission work plan. Council Member Pearson seconded the motion. The motion
passed 5-0.
Hotel/Motel Water Rates – Discussion and Proposed Ordinance No. 08-51
The City Council received an update on efforts to address issues related to water service
to the Wildwood Lodge. Lake Elmo staff met with the Wildwood Lodge staff to discuss
the history of billing and review of the infrastructure and water meters. Cathy Bendel,
C&J Consulting, provided additional information which the Wildwood Lodge staff
requested more time for review. A decision on hotel/motel water rates will be added to
the next City Council agenda.
Update Re: Library Service Consideration
This item was scheduled at the request of the City Council in order to update the Council
and public on efforts to retain and enhance library services for the Lake Elmo
community. Administrator Messelt reported that all four boutique libraries will most
likely close by January 2012. Attorney Snyder addressed questions regarding the City
establishing their own library and authorizing a library levy.
LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 5
MOTION: Mayor Johnston moved to adopt Resolution No. 2011-029, A Resolution
Establishing a Public Library System, Authorizing A Library Levy and Establishing a
Public Library Board for the City of Lake Elmo. Council Member Pearson seconded the
motion. The motion passed 5-0.
Ordinance Extending No Wake Requirements
The City Council considered potential modifications to City Ordinance Section 97.21 (B)
governing operation of motor craft above “no wake” speeds on area lakes. Given recent
high water conditions, some area residents are requesting imposition of “no wake”
provisions, until such time as water levels recede.
In addition, the City Council was asked to consider an additional ordinance change to all
the City area lakes to establish certain deviations from the standard “no wake” provisions,
by Resolution, for special events and other circumstances.
The City Attorney added language to allow for better enforcement of such provisions.
“No Wake” signs will be erected. The Washington County Sheriff’s Department has also
been consulted regarding enforcement of such regulations.
MOTION: Mayor Johnston moved to adopt Ordinance No. 08-050, An Ordinance To
Allow the City Council To Extend The “No Wake” Requirements Under the Water
Surface Use Ordinance. Council Member Park seconded the motion. The motion passed
5-0.
The Council adjourned the meeting at 11:05 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2011-026 Approve the variance to allow an accessory building over 500
sq.ft. at 9940 59th Street Court N.
Resolution No. 2011-027 Approve a fence permit to allow a solid, 6” high fence along
the side property lines adjacent to other residential properties at 12418 Marquess Way N.
Resolution No. 2011-028 Approve variance to allow the construction of a new 2,400
sq.ft. accessory building at 5761 Keats Avenue in addition to an existing 2,310 sq.ft.
building in a RR zoning district
Resolution No. 2011-029 Establishing a pubic library system, authorizing levy and
establishing a public library board for the city
LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2011 6
Ordinance No. 08-048, Amending Chapter 151 by adding the MN Electrical Act to the
Code
Ordinance No. 08-049 Amending 2011 Fee Schedule for electrical inspection
Ordinance No. 08-050 Extend the “No Wake” requirements under the water surface use
ordinance.
**Approve selection of Focus Engineering for City Engineering Services