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Home My WebLink About10-19-2010 CCMLAKE ELMO CITY COUNCIL MINUTES October 19, 2010 1 APPROVED MINUTES: November 3, 2010 City of Lake Elmo City Council Minutes October 19, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Park and Smith Absent: Council Member Emmons Also Present: Administrator Messelt, City Engineer Griffin, Attorney Kevin Sandstrom, Planning Director Klatt, Finance Director Bouthilet, Paul Donna, Northland Securities and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the October 19, 2010 City Council agenda, as amended – Remove Item #9 Cranky Ape IUP. Council Member Park seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: The October 5, 2010 City Council minutes are approved by consensus. PUBLIC COMMENTS/INQUIRIES: Pam Hartley, 10010 Tapestry Road, introduced herself and explained why she is interested in serving on the Lake Elmo Park Commission. Ryan Bendel, Lake Elmo resident and student at Cretin Derham Hall, attended the Council meeting as a requirement of his Government class. CONSENT AGENDA: MOTION: Council Member Smith moved to approve the Consent Agenda. Council Member Park seconded the motion. The motion passed 4-0. Approve payment of disbursements and payroll in the amount of $219,288.99 Approve the proposed Easement Encroachment Agreement for 4861 Lilac Place North as presented. Authorize Payment No. 1 (final) to Hardrives Inc., in the amount of $49,34.55 to be paid from the Street Maintenance Fund for the 42nd Street Mill and Overlay Project Approve Resolution No. 2010-059 regarding City of Lake Elmo participation in a joint grant application to assess possibilities for shared public safety and emergency services LAKE ELMO CITY COUNCIL MINUTES October 19, 2010 2 MOTION: Council Member DeLapp moved to appoint Pam Hartley, as Second Alternate, to the Lake Elmo Parks Commission. Council Member Smith seconded the motion. The motion passed 4-0. REGULAR AGENDA: Consider Zoning Text Amendments to Revise the General Requirements of the Interim Use Permit Ordinance Section 154.019, Ordinance No. 08-032 The City Council was asked to consider revisions to the Interim Use Permit (IUP) ordinance Section 154.019. The primary revisions proposed eliminate duplication of requirements, allows the City Council to set the termination of the use to a certain date or event, and allows an administrative extension of 30 days to eliminate a potential time gap in renewal application. The proposed changes allow the city additional flexibility in utilizing IUPs in specifically-designated zoning districts. MOTION: Council Member DeLapp moved to approve Ordinance No. 08-032 revising the General Requirements of the Interim Use Permit ordinance Section 154.019, and Resolution No. 2010-053 Authorizing Summary publication. Council Member Park seconded the motion. The motion passed 4-0. Consider Zoning Test Amendments to Revise the Holding District Zoning Requirements to Replace Conditional Uses with Interim Uses, Ordinance No. 08-033 The City Council was asked to consider revisions to nineteen zoning districts established in 2007 for areas guided for future sewered development. The primary amendment proposed for these holding districts would revise current language allowing the property owners(s) to apply for future conditional use permits until the land is developed with City sewer and is in conformance with the City’s comprehensive plan. The proposed code amendments would allow those uses previously identified as conditional uses to, alternatively, be permitted as an interim use. MOTION: Council Member Park moved to adopt Ordinance No. 08-033, amended as recommended by the Planner and by the City Council at tonight’s meeting, revising the Holding District Zoning Requirements to replace Conditional Uses with Interim Uses and Resolution No. 2010-054 Authorizing Summary Publication. Mayor Johnston seconded the motion. The motion passed 4-0. Interim Use Permit: Consideration of an application from Midwest Recreational Clearinghouse, LLC to allow an Open Sales Lot for the Outdoor Display of Merchandise at 9200 Hudson Boulevard; Resolution No. 2010-055 This item was removed off the agenda by request of the applicant. LAKE ELMO CITY COUNCIL MINUTES October 19, 2010 3 A Resolution Authorizing the City to Participate in the Minnesota Blue Star Award Program, Resolution No. 2010-056 The City Council was asked to consider authorizing city staff to complete the online assessment for becoming a Blue Star Award City. The Blue Star Award Program is designed to promote and reward cities and townships who take a leadership role in protection water quality through storm water management. MOTION: Council Member Smith moved to approve Resolution No 2010-056 authorizing the City of Lake Elmo to participate in the Minnesota Blue Star Award Program. Mayor Johnston seconded the motion. The motion passed 4-0. Review of 3rd Quarter of 2010 General Fund Budget (Unaudited) Pursuant to City Council direction, the City Council is asked to receive an update on the now closed 3rd Quarter 2010 General Fund (unaudited) and discuss any findings or trends identified therein. Staff briefed the Council on the major identified findings and trends. No specific action or motion is needed. 2010 Street Improvement Bond Financing Resolution No. 2010-057 The City Council was asked to consider Resolution 2010-057 authorizing issuance, awarding sale, prescribing the forms and details, and providing for the payment of $710,000 General Obligation Improvement Bonds Series 2010A. Paul Donna, Northland Securities, reported Moody’s assigned the City an “Aa2”credit rating due to healthy liquidity, prudent management, conservative budgeting and modest debt burden. MOTION: Council Member Smith moved to approve Resolution No. 2010-057 authorizing issuance, awarding sale prescribing the forms and details and for providing the payment of the $710,000 General Obligation Improvement Bonds Series 2010A to finance the City’s 2010 street improvements. Council Member DeLapp seconded the motion. The motion passed 4-0. Recommendation for 2004 Bond Refinancing Resolution No. 2010-058 The City Council was asked to consider Resolution 2010-058 authorizing issuance, awarding sale, prescribing the forms and details, and providing for the payment of $1,975,000 General Obligation Improvement Bonds Series 2010B. MOTION: Council Member DeLapp moved to approve Resolution No. 2010-058 authorizing issuance, awarding sale prescribing the forms and details and for providing the payment of the $1,975,000 General Obligation Capital Improvement Plan Refunding Bonds Series 2010B. Council Member Smith seconded the motion. The motion passed 4- 0. LAKE ELMO CITY COUNCIL MINUTES October 19, 2010 4 City Council Reports City Administrator Report: Administrator Messelt requested Council direction on improvements to50th Street and Kimbro Avenue. If the City uses MSA funds the existing road width must be widened to 32’ and in addition right-of-way acquisition would be required from five property owners. The alternative improvement would be to shape and pave the street as part of 2011 street improvements project. The road would fit to the existing gravel width at an estimated cost of $300,000 and since this width does not meet MSA standards, MSA funds cannot be used on the project. The Council decided to proceed on the 50th Street and Kimbro Avenue Feasibility Report as a shape and pave project. The Council adjourned the meeting at 8:25 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2010-053 Summary publication of Ordinance No. 08-032 Resolution No. 2010-054 Summary publication of Ordinance No. 08-033 Resolution No. 2010-055 Midwest Recreational Clearinghouse (Cranky Ape) Not adopted Resolution No. 2010-056 Authorizing the City to participate in the Minnesota Blue Star Award Program Resolution No. 2010-057 Authorizing the payment of $710,000 General Obligation Improvement Bonds Series 2010A to finance the City’s 2010 Street Improvements Resolution No. 2010-058 Authorizing the payment of the $1,975,000 General Obligation Capital Improvement Plan Refunding Bonds Series 2010B Resolution No. 2010-059 Approve City participation in a joint grant application to assess possibilities for shared public safety and emergency services. Ordinance No. 08-032 Revising the Interim Use Permit Ordinance Ordinance No. 08-033 Revising the Holding Districts Requirements to replace conditional uses with Interim Uses