HomeMy WebLinkAbout09-21-2010 CCMLAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 1
MINUTES APPROVED: October 5, 2010
City of Lake Elmo
City Council Minutes
September 21, 2010
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith
Also Present: Administrator Messelt, City Engineers Griffin and Stempski, Attorney
Snyder, Planners Klatt and Matzek, Finance Director Bouthilet and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member Smith moved to table Item 5 Cranky Ape CUP and add Item
4 and 6 to the Consent Agenda. Council Member Park seconded the motion. The motion
passed 5-0.
Council Member Smith moved to approve the September 21, 2010 City Council agenda
as amended. Council Member Park seconded the motion. The motion passed 5-0.
APPROVED MINUTES:
The September 7, 2010 City Council minutes are approved by consensus.
PUBLIC COMMENTS/INQUIRIES: None
CONSENT AGENDA:
MOTION: Council Member Park 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 $178,203.61
Approve 2010 Street & Water Quality Improvements Change Order No. 2,
extending the completion date of bituminous wear course construction on 57th
Street to June 1, 2011, and increasing the construction contract in the estimated
amount of $2,900
Variance: Allow construction of a septic variance up to 10 ft. into the right -of-way; 9051
Jane Road N., Resolution No. 2010-046
The City Council was asked to consider a variance request from Marilynn Kennedy to
construct a new septic system partially within the City’s road right-of-way, therefore
meeting the required 10 ft. property setback. Because the non-conforming lot at 9051
Jane Road is just 95 feet deep, the proposed septic tank will not meet the required 75 ft.
Ordinary High Waterline setback as identified in the shoreland core and a minor variance
will be needed as well.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 2
MOTION: Council Member Park moved to approve Resolution No. 2010-046 approving
the requested variances to allow the septic system to be built as proposed at 9051 Jane
Road. Council Member Smith seconded the motion. The motion passed 5-0.
2009 and 2010 Street Improvement Rain Garden Project – Accepting the quotes and
awarding the contract
The City Council was asked to accept quotes and award a contract for the 2009 and 2010
Street Improvement Rain Garden Project. Bids were received on September 9, 2010.
Rusty Schmidt, Washington Conservation District, solicited quotes from five qualified
contractors and prepared a recommendation in Memorandum dated September 14, 2010.
MOTION: Council Member Park moved to accept the Quotes and Award a Contract to
All Weather Services in the amount of $27,688.75 for 2009 and 2010 Street Improvement
Rain Garden Project per the Washington County Conservation District Recommendation
Memorandum dated September 14, 2010. Council Member Smith seconded the motion.
The motion passed 5-0.
Consideration of Conditional Use Permit application to allow and open sales lot for
Cranky Ape at 9200 Hudson Blvd., Resolution No. 2010-047 – TABLED
INDEFINITELY
2011 Street and Water Quality Improvements – Authorization of Preparation of
Feasibility Report
In accordance with the approved 2009-2013 Street Capital Improvement Program, the
City Council was asked to proceed with the first step to implement the 2011 Street
Improvements, which is to authorize the preparation of a feasibility report. The
preparation of a feasibility report is required as a part of the statutory process for public
improvements that are specially assessed, and must be completed before the City Council
can take action to order an improvement.
The 2011 Street Improvements include the following street segments:
10th Street Court North from 10th Street North to north end
11th Street North from 10th Street North to 12th Street North
12th Street North from Leeward Avenue North to west end
Laverne Avenue North from 10th Street North to 12th Street North
Layton Avenue North from 10th Street North to 12th Street North
Leeward Avenue North from 10th Street North to 12th Street North
Staff recommended removal of the proposed improvement for Kirkwood Lane from the
2011 CIP until staff and Council can further investigate and determine the appropriate
improvement process and assessment methodology for residential local gravel roadways.
This recommendation was consistent with the removal of 28th Street from the 2010 CIP.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 3
MOTION: Mayor Johnston moved to authorize TKDA to prepare the feasibility report
for the 2011 Street and Water Quality Improvements in the amount of $11,900. Council
Member Smith seconded the motion.
Council discussion ensued regarding the importance of drafting an assessment policy.
MOTION: Council Member Emmons moved to amend the motion to not move beyond the
feasibility study until we have an assessment policy reviewed and direction provided by
the City Council. Council Member DeLapp seconded the motion. The motion passed 4-1
(Mayor Johnston voting against the motion.)
MOTION: Mayor Johnston moved to approve the amended motion. Council Member
Smith seconded the motion. The motion passed 5-0.
2011 Municipal State Aid Street Improvements – authorization of preparation of
Feasibility Report
The City Council was asked to proceed with the first step to implement the 2011
Municipal State Aid Street Improvements, which is to authorize the preparation of a
feasibility report. This project may also be fully or partially funded using Municipal
State Aid funds. The project would involve improving 50th Street North and Kimbro
Avenue North, from 47th Street North to Lake Elmo Ave.
Ryan Stempski, Assistant City Engineer, reported Keats Avenue Street Improvements,
from 47th Street N. to Lake Elmo Avenue, has been programmed as part of the 2012
Street Capital Improvement Plan. In preparation of the 2011 Capital Improvement
Planning process, a geotechnical investigation was completed to review the necessary
improvements and available construction parties to complete the Keats Avenue Street
improvements in coordination with the Keats Avenue Trunk Watermain project.
Improvements, Inc.
MOTION: Council Member Smith moved to authorize TKDA to prepare the feasibility
report for the 2011Municipal State Aid Street Improvements, including 50th Street N. and
Kimbro Avenue N., from 47th Street N. to Lake Elmo Avenue N in the amount of $14,900,
as recommended by the City Engineer. Council Member Park seconded the motion. The
motion passed 5-0.
I-94 – 30th Street Trunk Sewer Improvement – Authorization to Negotiate Easement
Acquisition for Lift Station Site #3
The City Council was asked to authorize the City Administrator, City Attorney and City
Engineer to negotiate and acquire approximately 8,000 sq.ft. of permanent utility
easement and 8,000 sq.ft. of temporary construction easement to facilitate the
construction of the Lift Station for the I-94 to 30th St. Trunk Sewer project to be located
at site no. 3.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 4
Staff received direction from the Council at the August 17, 2010 meeting to finalize the
plans and specifications and receive contractor bids for the I-94 to 30th Street Trunk
Sewer Improvements. As part of this effort, a meeting was held with Elmo View
Townhouse Association members to discuss the proposed Lift Station project. The
association expressed that while they are amenable to an easement for the utility pipes
they were not agreeable to provide an easement for the access roadway. An alternate
access road design was presented and found to be an acceptable alternative.
MOTION: Mayor Johnston moved to authorize the City Administrator, City Attorney and
City Engineer to negotiate and acquire a utility easement from the Elmo View Townhouse
Association for the purposes of placing the Lift Station on Site No 3. Council Member
Park seconded the motion. The motion passed 4-1 (Council Member DeLapp voting
against).
Subsurface Sewage Treatment (SSTS) Resolution No. 2010-047, Ordinance No. 08-029
The City Council was asked to consider adoption of an ordinance that would amend the
City’s Individual and Community Waste Water Treatment Systems regulations. The
proposed ordinance would eliminate most of the existing language and adopt the new
Washington County Ordinance pertaining to subsurface sewage treatment systems b y
reference. In accordance with Minnesota Rules, the City must adopt an ordinance within
one year from the date of County approval. Additionally, the City Council was asked to
affirmatively consider entering into an agreement with Washington County to provide
subsurface sewage treatment systems inspection services.
Planning Director Klatt pointed out, and recommended, amendments to the revised
County regulations. The agreement will be placed in effect starting October 1, 2010.
MOTION: Council Member Smith moved to adopt Ordinance No. 08-029 amending the
Lake Elmo Individual and Community Waste Water Treatment Systems Ordinance and
adopting Chapter 4 of the Washington County Development Code (Subsurface Sewage
Treatment Systems) by reference, including the recommended changes by the Planning
Director. Mayor Johnston seconded the motion. The motion passed 5-0.
MOTION: Council Member Smith moved to adopt Resolution No. 2010-047 authorizing
summary publication of Ordinance 08-029. Mayor Johnston seconded the motion. The
motion passed 5-0.
MOTION: Council Member Smith moved to authorize execution of an Agreement for
Subsurface Sewage Treatment System Inspection Services to contract with Washington
County to perform subsurface sewage treatment systems inspection services with the City
of Lake Elmo. Mayor Johnston seconded the motion. The motion passed 5-0.
The Council adjourned the meeting at 8:30 p.m.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 21, 2010 5
___________________________________________
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2010-046 Approve septic variance for 9051 Jane Road N.
Resolution No. 2010-047 Summary publication of Ordinance No. 08-029
Ordinance No. 08-029 Amending the Lake Elmo Individual and Community Waste
Water Treat Systems Ordinance