HomeMy WebLinkAbout06-01-2010 CCMLAKE ELMO CITY COUNCIL JUNE 1, 2010 1
MINUTES APPROVED: June 15, 2010
City of Lake Elmo
City Council Meeting Minutes
June 1, 2010
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Smith and Park
Also Present: Administrator Messelt, City Engineers Griffin and Stempski, Attorney
Snyder, Planning Director Klatt, Finance Director Bouthilet, and City Clerk Lumby
APPROVAL OF AGENDA
MOTION: Council Member Park moved to approve the June 1, 2010 City Council
agenda, as amended (Add: #8 agenda items to the consent agenda). Council Member
Smith seconded the motion. The motion passed 5-0.
GROUND RULES:
APPROVED MINUTES:
The May18, 2010 City Council minutes were approved by consensus.
PUBLIC COMMENTS/INQUIRIES: None
CONSENT AGENDA:
MOTION: Council Member DeLapp moved to approve the Consent Agenda. Council
Member Smith seconded the motion. The motion passed 5-0.
Approve payment of disbursements and payroll in the amount of $94,198.57
Approve Resolution No. 2010-027 accepting the bids and awarding a contract for
the 2010 street and water quality improvements per the engineers letter of
recommendation for the award of the contract to T.A. Schifsky & Sons Inc. in the
amount of $435,565.41
Award a Construction contract to ModSpace in the amount of $7,620.00 and to
Capra Utilities in the amount of $11,675.00 for the City Hall Annex
Improvements
Authorize American Engineering Testing, Inc. to perform Geotechnical Services
for the proposed drainage improvements to Lions Park in the amount of $2,100.00
LAKE ELMO CITY COUNCIL JUNE 1, 2010 2
REGULAR AGENDA:
Thank you from Fire Relief Association
District Chief Brad Winkels, Fire Relief Association, thanked the City Council for the
show of financial and public support with their recent $1,000 donation.
Conditional employment offer to probationary firefighter to Amanda Hair, Robin
Goodspeed, Tony Frenier and Justin Johnson
MOTION: Council Member Emmons moved to offer Amanda Haire, Robin Goodspeed,
Tony Frenier and Justin Johnson employment with the City of Lake Elmo as probationary
firefighters, contingent upon their passing physical and psychological screenings.
Council Member DeLapp seconded the motion. The motion passed 5-0.
Consideration of an application for a variance from the 150 foot OHWL setback in the
shoreland district to allow the construction of an attached garage with living space above
at 11950 21st Street – Added to Consent Agenda
The Council was asked to consider a request from Richard Heath to tear down an existing
garage and build a new attached garage wit living space about at 11950 21st Street N.
The proposed building will be attached to the existing home and is intended to replace an
existing attached garage on the site for which a variance was granted in 1981. The new
building would be located 35 feet from the OHW of Downs Lake where a 150 foot
structure setback is required. The Planning Commission and staff determined al criteria
were met.
MOTION: Council Member DeLapp moved to adopt Resolution No. 2010-026 approving
a variance from the required setback from the ordinary high water line of Downs Lake at
11905 21st Street N. Council Member Smith seconded the motion. The motion passed 5-0.
Municipal Separate Storm Sewer System (MS4) Permit Program – Annual public
meeting and accept the 2009 MS4 annual report
Ryan Stempski, Assistant City Engineer, reported the City Council is being asked to
conduct the Municipal Separate Storm Sewer System (MS4) permit program Public
Annual meeting and accept the 2009 MS4 Annual Report. In accordance with the City’s
permit, the 2009 MS4 Annual Report must be submitted to the MPCA by June 30, 2010.
Mayor Johnston opened up the public meeting and there was no one to speak for or
against the report. A copy of the report can be found on the City website.
MOTION: Council Member Smith moved to accept the Municipal Separate Sewer
System (MS4) Annual Report for 2009, and authorize staff to submit this report to the
MPCA by June 30, 2010. Council Member Park seconded the motion. The motion
passed 5-0.
LAKE ELMO CITY COUNCIL JUNE 1, 2010 3
Comprehensive Plan Amendment for Senior Living and Farm School Project at 9434
Stillwater Blvd. N.
Kyle Klatt, Planning Director, reported per City Council direction from its May 18th 2010
meeting and following its May 25th, 2010 workshop, resubmitted for Council
consideration is a proposed Comprehensive Plan Amendment, requested by Tammy
Malmquist, 8549 Ironwood Trail N.
The City Council was asked to consider a Comprehensive Plan Amendment and the
Future Land Use Map to change the future use of the applicant’s 30.9 acre parcel from
RAD Rural Agriculture Density (.45 dwelling units per acre) to RAD2 Rural Agricultural
Density/2 (2 dwelling units per acre). The applicant has requested a transfer of some
density from an existing RAD2 area located west of the applicant’s site along Stillwater
Boulevard to the project site.
Kathy Sedro, 8916 35th Street N., questioned the PUD process and the probability of the
City having to purchase a new fire truck to reach three story building.
Council Member Emmons presented the applicants response to the 15 Council Questions.
Council discussion followed. Council Member Emmons provided an amended Resolution
2010-01 approving the Comprehensive Plan Amendment contingent upon specific
criteria being met by the applicant.
MOTION: Council Member Smith moved to approve Resolution No. 2010-017, as
amended, amending the City of Lake Elmo Comprehensive Plan to change future land
use designation for the identified parcel from RAD to RAD2, as reflected in the specific
findings and recommendations of the Planning Commission. Council Member Park
seconded the motion. The motion passed 4-1 (Council Member DeLapp voting against
the motion).
OP Ordinance Overlay District Zoning Amendment related to a Farm School and Senior
Living Project at 9434 Stillwater Blvd. N.
Kyle Klatt, Planning Director, reported the City Council was asked to review a proposed
amendment to the Lake Elmo City Code creating a new overlay district that would allow
higher density development within the context of an OP Open Space Preservation project.
This ordinance was drafted in accordance with the Planning Commission’s decisions on
May 10th, 2010 to pursue an alternative to the Zoning Amendment originally proposed by
staff and the applicant, Tammy Malmquist, relating to a senior living/farm school
development proposal.
The Council asked that several issues be addressed: 1. Change of building height to 35 ft.
for two story building, 2. Required buffer zones, and 3. School age programs at school.
These issues can be dealt with through the flexibility of the Planned Unit Development
process.
LAKE ELMO CITY COUNCIL JUNE 1, 2010 4
MOTION: Council Member Smith moved to adopt Ordinance 08-025, as amended,
creating a new zoning district and standards associated with an OP-2 Open Space
Preservation Overlay District and Resolution No. 2010-024 authorizing summary
publication of this ordinance. Council Member Park seconded the motion. The motion
passed 5-0.
The Council adjourned the meeting at 10:20 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
-----------------------
Resolution No. 2010-017 amend Comprehensive Plan to change land use designation
from RAD to RAD2, for 30.9 acres (Senior Living and Farm School Project)
Resolution No. 2010-024 Summary of Ordinance 08-025
Resolution No. 2010-026 approving variance from setback from the OHWM to 11905
21st Street N.
Resolution No. 2010-027 accept bids, award contract for the 2010 street and water
quality improvements to T.A. Schifsky & Sons
Ordinance 08-025 create new zoning district and standards with an OP-2 Open Space
Preservation Overlay Dist