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HomeMy WebLinkAbout04-07-2009 CCMLAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2009 1 APPROVED MINUTES: April 21, 2009 City of Lake Elmo City Council Minutes April 7, 2009 Mayor Johnston called the meeting to order at 7:00 p.m. Present: Mayor Johnston and Council Members DeLapp, Emmons, Park (arrived at 7:12 p.m.), Smith Also present: Interim City Administrator Dawson, Planning Director Klatt, Planner Matzek, City Engineer Griffin, City Attorney Filla, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the April 7, 2009 agenda as presented. Council Member Emmons seconded the motion. The motion passed 4-0. ORDER OF BUSINESS GROUND RULES: APPROVED MINUTES: The minutes of March 17, 2009, were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Heather Noyes, Lake Elmo Jaycees, reported the annual Easter egg hunt and Easter egg coloring will be held at noon Saturday, April 11th, at the Fire Station. The Lake Elmo Jaycee sandbox fill will be held Saturday May 2nd. CONSENT AGENDA: MOTION: Council Member Smith moved to approve the Consent Agenda as presented. Council Member Emmons seconded the motion. The motion passed 4-0. Approve payment of disbursements and payroll in the amount of $123,163.10 Approve Resolution No. 2009-014 authorizing abatement of the Special Assessment, Delinquent Utility for the property located at 5715 Highlands Trail N Approve Resolution No. 2009-011 supporting a request by the Minnesota Boat Club to Host the 106th Northwestern International Rowing Association Championship Regatta on Lake Elmo on August 21-22, 2009 LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2009 2 REGULAR AGENDA: Bond Refunding, Resolution No. 2009-012 On March 3 the City Council adopted a resolution authorizing the City Administrator and Finance Director to approve the sale and execute the purchase agreement for the bonds with Northland Securities, Inc. provided that the refunding results in total net savings of least $60,000. Paul Donna, Northland Securities, Inc., reported that the Chicago office of Standard & Poors, Inc gave the City an AA credit rating which is only two steps below the highest rating possible. The bonds had been placed on April 2, and the net present value savings of future interest costs were approximately $65,000. Staff recommended the Council adopt the resolution necessary to approve the issuance of the bonds refunding the City’s 2001A and 2002B issues. MOTION: Council Member Smith moved to approve Resolution No. 2009-012 issuance of bonds refunding the General Obligation State Aid Street Bonds, Series 2001A, and the General Obligation Water Revenue Bonds, Series 2002B. Council Member DeLapp seconded the motion. The motion passed 5-0. Update from South Washington Watershed District (SWWD) Matt Moore, Administrator of the South Washington Watershed District, informed the Council that the Lower St. Croix Watershed Management Organization has been discussing the possibility of dissolution and consolidating with the SWWD and/or Valley Branch Watershed District. The Lower St. Croix WMO covers approximately 46 square miles. The Lake Elmo Surface Water Management Plan is being reviewed and a decision will be made end of May by the SWWD. PUBLIC HEARING: 2009 Street Improvements Pursuant to Minnesota Statutes, Sections 429.011 to 429.111 a Public Improvement Hearing has been noticed for April 7, 2009 at 7:00 p.m. to consider making street improvements to the following street sections: Legion Avenue North (south of 30th Street for a length of 1,300 feet) Legion Lane North (the entire loop off Legion Avenue North for a length of 2,835 feet) Lisbon Avenue North Legion Lane Circle North Legion Lane Court North 21st Street North 3rd Street Place North LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2009 3 City Engineer Jack Griffin recommended the type of improvement to be street reclamation. For the purposes of the assessment process, he recommended that the existing curb be removed and replaced with bituminous curbing with the exception of Legion Avenue North. The estimated total project cost of the improvements is $588,000. The Feasibility report outlined a proposed assessment of $1950 for each benefitting property. City Engineers Griffin and Stempski held an Open House on Monday, March 30th at City Hall where they discussed the Feasibility Report and communicated the Council’s potential interest to incorporate rain gardens as part of this project. Council Member Emmons gave a presentation on what are rain gardens, why should we plant them and how can rain gardens be installed. Mayor Johnston opened up the public hearing at 8:10 p.m. Alan Kupferschmidt, 2769 Legion Avenue North, lives by the City lift station suggested making the T-turnaround larger so the big trucks, such as the garbage trucks, can turn around. He asked the City to think ahead on the impact to the street if sewer is going to come into their neighborhood. City Engineer Griffin stated they would look at the turnaround and types of vehicles driving down the street. Legion Avenue is outside of the sewer service area. Dale Shimek, 2225 Legion Lane N., asked if the street project should be delayed because the gas pipeline is coming in and he doesn’t want to have the lines cross the road twice. He is in favor of concrete curbs and paying additional assessment. Mark Deziel, 2783 Legion Avenue North, believes rain gardens are a good idea particularly in the spill area from Heritage Park. He said the road was resurfaced five years ago and you can see every pipe going across the road. He does not want curbs. Dave Moore, 8680 Stillwater Blvd., stated concrete curbs may cost more but are better than bituminous curb. The sub-grade correction will have a bearing on the cost. Rain gardens can be applied to commercial areas. Cindy Gackle, 2201 Legion Lane North, supports sequencing the street project within the natural gas pipeline project. City Engineer Griffin has been working with the natural gas project which should be done by August. Maureen Tumulty, 11933 21st Street North, does not want concrete curbs and believed bituminous curbs are more rural. She indicated it would be fair to charge the property owners by the cost for their street. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2009 4 Erling Zetterlund, 2866 Legion Avenue North, reported trucks and the fire truck has to back out of Legion Avenue. He said the proposed reclamation project is a good thing. He doesn’t want curbs, but wants the cost assessed to the homeowners based on street frontage. Tom Becken, 11860 21st Street N. spoke in favor of the repair project because the patch is gone. He favored concrete curb and assessment by neighborhoods. Mike Jara, 2971 Legion Avenue North, supported assessing the individual projects by each perspective neighborhood. Mel Friendt, 2749 Legion Avenue N., asked about the timeline and if the project is delayed would they patch before the repair project. He analyzed numbers for each street project and supported assessing residents per project. Mayor Johnston closed the public hearing at 8:43 p.m. Staff will send out a letter to affected property owners/residents looking for feedback on their interest in rain gardens. The City has not yet determined the specifics of maintenance responsibilities or the funding of the rain gardens. MOTION: Council Member Park moved to adopt Resolution No. 2009-013 ordering the improvement and the preparation of Plans and Specifications for Alternate No. 2 with bituminous curbs except for Legion Avenue for the 2009 Street Improvements. Mayor Johnston seconded the motion. The motion passed 5-0. MOTION: Council Member DeLapp moved to amend the Feasibility Report on the 2009 Street Improvement Projects to reflect the alternate assessment methodology for Alternate No. 2, providing a preliminary assessment amount of $800 for properties on Legion Avenue North and $2,430 for all other properties. Council Member Smith seconded the motion. The motion passed 5-0. Consideration of a variance to permit the construction of an in-ground pool, spa, pergola, and fireplace with the 100 ft. buffer setback from the edge of the development at 2931 Jonquil Trail North., Resolution No. 2009-014 Kelli Matzek, City Planner, reported the City Council is being asked to consider a variance request from Vladimir and Silvia Hugec to allow the construction of a pergola, fireplace, spa, and in-ground pool within the required 100 foot buffer setback from the edge of Farms of Lake Elmo, an OP development, at 2931 Jonquil Trail N. The City Planner recommended denial of the proposed variances stating that the applicants had not shown an undue hardship. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2009 5 The Planning Commission had recommended approval of the variance application subject to conditions and provided that the proposed pergola and fireplace are located no further into the setback than the proposed pool and spa. The applicant’s landscape architect reviewed the original application and proposed alternate labeled Alternate C which had the pergola, spa, fireplace in the Southeast corner of the property and which was in response to the Planning Commission’s request. Council discussion followed. MOTION: Council Member Park moved to adopt Resolution No. 2009-014 as amended, incorporating Alternate C and variances pertaining in Alternate C to allow Vladimir and Silvia Hugec construction of a pool, pergola, fireplace and spa within the required 100 foot buffer setback in OP developments at 2931 Jonquil Trail N. Mayor Johnston seconded the motion. The motion failed 2-3 (Council Members DeLapp, Emmons and Smith voting against). The City Planner explained the review for the original application will expire April 10, 2009, but the City can extend an additional 60 days without the applicant’s consent. MOTION: Council Member Park moved to continue the variance application and extend the variance review period for consideration to the June 2nd, 2009 City Council meeting. Council Member Smith seconded the motion. The motion passed 5-0. The City Council and staff recommended that the applicant, if he chooses, work with staff during the extended review period to reconfigure the layout of the pool, spa, pergola on this property. The City has notified the applicants at the meeting and staff will send the applicants a written notice on Wednesday MOTION: Council Member Park moved to amend the agenda and discuss agenda items 13. Appointment of City attorney and Item 14. City administrator selection process and place remainder of agenda items on another council meeting. Council member Smith seconded the motion. The motion passed 3-2 (Council Members DeLapp and Emmons voting against.) Appoint City Attorney for Civil Legal Services Craig Dawson, Interim City Administrator reported the City Council interviewed five firms for appointment as City Attorney for general civil legal services. The City Council was asked which firm it wished to appoint to be City Attorney and direct the Interim City Administrator to negotiate an agreement for services with that firm. Council Members made comments about their preferences regarding the appointment. MOTION: Council Member DeLapp moved to direct the Interim City Administrator negotiate an agreement with Eckberg Lammers, Briggs, Wolff & Vierling, PLLP LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2009 6 to provide general civil legal services as the City Attorney for the City of Lake Elmo. Council Member Smith seconded the motion. The motion passed 4-1 (Mayor Johnston voting against). City Administrator Selection Process The City Council discussed whether it should engage a search firm and initiate a search for an administrator or negotiate a contract with Interim City Administrator Dawson to become the City’s permanent administrator. Council Members DeLapp and Smith suggested the City simply advertise the position and then use the Council’s expertise to sort through candidates’ applications. Council Member Park preferred to talk to Mr. Dawson on whether he was even interested in the permanent position. MOTION: Council Member Park moved to continue the discussion until the April 21st City Council meeting. Council Member DeLapp seconded the motion. The motion passed 5-0. The meeting was adjourned at 11:28 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2009-011 Support request by the MN Boat Club to host the 106th Northwestern International Rowing Assoc. Championship on Lake Elmo Resolution No. 2009-012 Issuance of bonds refunding the General Obligation State Aid Street Bonds, Series 2001A Resolution No. 2009-013 Ordering improvements and preparation of Plans and Specifications for Alternate 2 for the 2009 Street Improvements Resolution No. 2009-014 Authorizing abatement of special assessment, delinquent utility for 5715 Highlands Trail N.