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HomeMy WebLinkAbout03-17-2009 CCMLAKE ELMO CITY COUNCIL MINUTES MARCH 17, 2009 1 City of Lake Elmo City Council Minutes March 17, 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: Interim City Administrator Dawson, Planning Director Klatt, City Engineer Griffin, City Attorney Filla, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Park moved to approve the March 17, 2009 agenda as amended: Postpone Item #6 to April 7th per applicants request and add Item #11 Discuss questions for city attorney interviews. Council Member DeLapp seconded the motion. The motion passed 5-0. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The minutes of March 3, 2009, were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Charlie Stockwell, Regatta Chair of the Minnesota Boat Club, updated the Council on responses from property owners with lake shore access to Lake Elmo and MBC progress in preparing a resolution for the City Council to consider on April 7, 2009. CONSENT AGENDA: MOTION: Council Member Park moved to approve the Consent Agenda as presented. Council Member Smith seconded the motion. The motion passed 5-0. Approve payment of disbursements and payroll in the amount of $324,071.34 Proclaim April 24, 2009, to be Arbor Day and the month of May, 2009, to be Arbor Month in the City Adopt Resolution No. 2009-010 authorizing landscape partnership agreement no. 94119 with MnDot for the reimbursement of up to $13,000 LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 2009 2 REGULAR AGENDA: Requests by Friends of Washington County (Resolution and Funding) Marc Hugunin, Executive Director of The Friends of Washington County, reported his organization was seeking support for its efforts related to state-wide rulemaking on landfills that will have an effect on the proposed Xcel fly ash landfill in West Lakeland Township. It is requesting that the City Council adopt a resolution to support the Friends’ efforts to participate in the rule-making process and to authorize $2,500 toward its funding of technical support by a hydrogeologist. MOTION: Council Member DeLapp moved to adopt Resolution No. 2009-008 supporting the efforts of the Friends of Washington County in the Landfill Advisory Group of the MPCA to protect groundwater resources in the siting of landfills and authorize $2,500 from the General Fund for The Friends to use for technical services for its participation in the MPCA’s Landfill Advisory Group. Council Member Smith seconded the motion. The motion passed 5-0. Consider an application from Vladimir and Silvia Hugec to allow construction of a pool, pergola, fireplace, and spa within the required 100 foot buffer setback in Open Space Preservation (OP) development at 2931 Jonquil Trail North This agenda item was postponed to the April 7th Council meeting per the request of applicants, Vladimir and Silvia Hugec. Presentation of the 2009 Street Improvements Feasibility Report – Resolution accepting the report and calling of a public improvement hearing City Engineer Griffin provided three options for repairing the streets. The first is to repair the streets, leaving the current curb in place; the second is to repair the streets and build new bituminous curbs; and the third is to repair the streets and build concrete curbs into the project. The City Engineer recommended the second option, although all three options remain on the table until after the City’s public hearing. Council Member DeLapp asked why should each property owner pay the same amount, when some property owners live on large cul-de-sacs and others live on smaller lots with less frontage. He also asked that the City Engineer present at the public hearing the cost per each project. Council Member Emmons suggested the integrating of rain gardens as part of this project. City Engineer Griffin explained an open house will be held on March 30, 2009, from 6:00-7:30 p.m. to present the property owners/residents the scope of the proposed project, the potential cost of the project, and to receive their comments and questions. In LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 2009 3 addition, they will seek the neighborhoods’ desire to integrate rain gardens as part of this project to further improve water quality in our ponds and lakes. MOTION: Council Member Smith moved to adopt Resolution No. 2009-009 accepting the Feasibility Report for the 2009 Street Improvements and calling for a Public Improvement Hearing including costs per project to be held on April 7, 2009, and to consider the use of rain gardens in street designs. Council Member Park seconded the motion. The motion passed 5-0. Discuss Sewer and Water Improvement Petition for Lanes DeMontreville Country Club Addition City Engineer Griffin reported the properties in question are located outside the planned municipal service boundary for sanitary sewer services per the Comprehensive Plan. In addition, there is no current plan by the City to extend municipal water to this area. City Engineer Griffin explained if the initial study is authorized the Council would receive a report estimating the potential assessment of a project of this scope. He recommended that the initial study include only sanitary sewer service and not include a water study as hook-up to the Oakdale system appears difficult for Oakdale to accommodate and the City’s system is too far way to be feasible at this time. Roger Johnson, 8048 Hill Trail N., reported Lanes DeMontreville Country Club residents have asked through a petition to have the City conduct a study on cost for putting sewer and water improvements in the area. He said the density of the neighborhood and the proximity of the homes to lakes calls for a sewer system. Council Member Smith objected to the expenditure saying if there are failing septic systems in the area and a threat to the lakes, then the City would have the responsibility to provide a sewer system, but if septic systems are not failing, the residents who want the study done should pay for the study. Mayor Johnston objected to that notion, saying that a sewer system in the neighborhood would benefit the entire City and if the project went ahead, costs would be paid by the residents. MOTION: Council Member Smith moved to deny the request for a sewer improvement study for Lanes DeMontreville Country Club for the reason that more information is needed on the status of septic systems as to threats to health, safety, and welfare of the residents and the lakes. Council Member DeLapp seconded the motion. The motion passed 3-2 (Mayor Johnston and Council Member Park voting no). MOTION: Council Member DeLapp moved to amend the motion to work with the residents if they came back with the funding of $2,000 to pay for the sewer study. Council Member Smith seconded the motion. The motion passed 4-1 (Mayor Johnston voting no). LAKE ELMO CITY COUNCIL MINUTES MARCH 17, 2009 4 Update concerning the hiring of consultant to assist with the wireless communications tower ordinance amendment project Planning Director Klatt reported he will be seeking Council authorization to work with a consulting firm at the April 7, 2009, meeting. Authorize distribution of Lake Elmo Village Area Final AUAR Ciara Schlichting, Bonestroo, presented an overview of the Lake Elmo Village AUAR. She responded to additional comments received from Council Member Emmons and the Metropolitan Airport Commission and the proposed revisions to the Final AUAR. Planning Director Kyle Klatt recommended that the City Council authorize distribution of the Lake Elmo Village Area Final AUAR and distribute the document in accordance with the State of Minnesota’s environmental rules for the 10-day public comment period. Council Member Emmons was of the opinion that the Council needed more time to look at the stormwater section because it was added later and the section addressing commuter traffic in the area. MOTION: Mayor Johnston moved to authorize distribution of the Lake Elmo Village Area Final AUAR and distribute the document in accordance with the State of Minnesota’s Environmental Quality Board rules for the 10-day public comment period. Council Member Park seconded the motion. The motion passed 3-2 (Council Members DeLapp and Emmons voting no). Interview questions for city attorney. Interim City Administrator Dawson provided the Council with a list of interview questions for the City Attorney interviews. Each Council Member will pick ten interview questions and send them to the Administrator. The meeting was adjourned at 9:50 p.m. Respectfully submitted by Sharon Lumby, City Clerk