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Home My WebLink About01-20-2009 CCMLAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2009 1 MINUTES APPROVED: February 3, 2009 City of Lake Elmo City Council Minutes January 20, 2009 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: Planning Director Klatt, City Attorney Any Schmidt, City Engineer Griffin, Finance Director Bouthilet, City Administrator Dawson and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member DeLapp moved to approve the January 20, 2009 City Council agenda as amended. Add: Item 8.5 Zoning compliance case on Highway 5. Prepare for work session on wireless telecommunications tower. Council Member Smith second the motion. The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The January 6, 2009 Council minutes were approved by consensus. PUBLIC COMMENTS\INQUIRIES: The Lake Elmo Council assisted in selecting the winners of the Firemen’s Relief Association annual raffle. Richard Eue, Oakdale Gun Club, 10386 10th Street N., provided a noise study of the Oakdale Gun Club completed on November 1, 2008. From the data collected, the noise level produced by the Club is lower than the average noise level produced by the highway and well below Minnesota’s average noise standards. CONSENT AGENDA: MOTION: Council Member DeLapp moved to approve the Consent agenda Items #3 and #5 as presented. Council Member Park second the motion. The motion passed unanimously. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2009 2 Adopt Resolution no. 2009-002 authorizing the application for the MNDOT community roadside landscaping partnership program and authorization of Susan Kane as the primary contact person Adopt Resolution no. 2009-004 support of the 34th Red Bull Infantry Division and Stillwater-based 34th Military Police Company of the Minnesota National Guard on its deployment to Iraq Approve payment of disbursement and payroll in the amount of $458,369.53 Council Member DeLapp asked for an explanation of the Campbell Knutson claim which was HR related advice and the Mayor’s travel expense of $210 which was mileage for business meetings for six months. MOTION: Council Member DeLapp moved to approve the payment of disbursements and payroll in the amount of $458,369.53. Council Member Smith second the motion. The motion passed unanimously. Adopt Ordinance no. 08-013 approving the 2009 fee schedule Council Member DeLapp disagreed with the percentage increase in some fees and questioned the different map charges. MOTION: Council Member Smith moved to adopt ordinance no. 08-013 approving the 2009 fee schedule. Council Member Park second the motion. The motion passed 4-1: Council Member DeLapp voted against. Approve the Communications System Subscriber Agreement between Washington County and the City Council Member DeLapp questioned the need for 31 radios and pointed out that the annual cost of this communication system is $12,400. MOTION: Council Member Smith moved to approve the “Communications System Subscriber Agreement” between Washington County and the City. Council Member DeLapp second the motion. The motion passed unanimously REGULAR AGENDA: Variance and lot line adjustment for 8186 and 8190 Hill Trail N. Planning Director Kyle Klatt explained the City Council is being asked to consider a variance request from James Dillon to move a property line between 8190 and 8186 Hill Trail N. such that the total parcel area of 8186 Hill Trail N. is reduced by 470 square feet. Both of these lots are non-conforming with regards to the R-1 Shoreland District lot area requirement of 1.5 acres per lot, and a variance is required to reduce the size of a lot below its current size. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2009 3 The variance has been requested in order to move the boundary between the two affected parcels to a location that was previously assumed to be the property line before a survey was recently completed for one of the parcels. The applicant has stated a variance is justified because the current owner will not be able to adequately maintain this land due to the difference in elevation between the properties and a retaining wall that was installed in this area, MOTION: Council Member DeLapp moved to adopt Resolution no. 2009-003, A Resolution approving the lot area variance for Larry Paul to allow a lot line adjustment that will educe the total area of the existing non-conforming property at 8186 Hill Trail North by 470 feet. Council Member Smith second the motion. The motion passed unanimously. Review work plan for wireless telecommunications tower ordinance update Planning Director Kyle Klatt reported the City Council was being asked to review a proposed work plan related to a project to update the City’s Wireless Telecommunications Tower Ordinance. The work plan contains the list of objectives reviewed by the Council at its most recent workshop and includes a schedule for performing the tasks required to draft a new ordinance. The Council discussed engaging consulting services for a technical review of the application for a wireless telecommunication tower at 8057 Lake Jane Trail and to provide comments for drafting an ordinance. MOTION: Council Member Park moved to direct the staff to bring back options for expertise to assist in drafting a wireless telecommunications ordinance to the February 3rd City Council meeting. Council Member Smith second the motion. The motion passed unanimously Council Member Emmons suggested a meeting, composed of two Council members, T- Mobile reps and interested residents, prior to the City Council work session on January 27th. The purpose of the meeting was to better understand the perspective of those interested in the application and to understand the options available. MOTION: Council Member Park moved to appoint Council Members Smith and Emmons to represent the Council at the January 26th Ad Hoc Committee meeting for the T-Mobile Telecommunications Tower application. Mayor Johnston second the motion. The motion passed 3-2: Council Members DeLapp and Emmons voting against. Council Member DeLapp proposed to deny the application based on the unacceptability of the proposed color of the tower, that the company should have met a requirement to seek a public location for the tower, and that the current cell service is not inadequate. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2009 4 DeLapp provided a map found on T-mobile’s website and noted that it would provide adequate cell phone coverage to all the users in the City. He questioned whether the company needs the tower. Attorney Amy Schmidt responded that taking action now was inappropriate as the public notice did not have this item on the agenda. Zoning Compliance Case on Highway 5/Stillwater Blvd. Ed Nielsen, 9498 Stillwater Blvd. N., spoke for his neighbors Tammy Malmquist and Joe Lenz, on a complaint at 9442 Stillwater Blvd. N. Mr. Nielson had met with Consulting Planner Ben Gozola and Interim Administrator Dawson this morning to review Mr. Gozola’s report on this property. Mr. Nielsen thanked Ben Gozola for the work he has done on this complaint, but asked that the City implement a plan to resolve the violations by Spring. Review financing options for Street Capital Improvements Program (CIP) and authorization to proceed on the 2009 street improvements feasibility report City Engineer Jack Griffin introduced the 5-year street CIP and detailed the street improvement process. A breakdown of the local street program and the Municipal State Aid system was provided. explained the City Council was being asked to receive options for financing the Street Capital Improvement Program. Jonathan North of Ehlers was present to speak to the long-term financial plan. Council Member DeLapp asked for discussion on changing the cost allocation formula to residents benefitting from road projects and from taxpayers subsidizing those benefitting. Discussion ensued followed by a motion for adjournment. MOTION: Mayor Johnston moved to adjourn the meting at 9:50 p.m. Council Member Smith second the motion. The motion passed 3-2: Council Members Emmons and Park voting against. Meeting adjourned at 9:50 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution no. 2009-002 authorizing application for the MnDOT community roadside landscaping partnership program Resolution no. 2009-003 approve variance for Larry Paul, 8186 Hill Trail N. Resolution no. 2009-004 support the 34th Red Bull Infantry Div deployed to Iraq Ordinance no. 08-013 approve 2009 fee schedule LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2009 5