HomeMy WebLinkAbout07-07-2009 CCMLAKE ELMO CITY COUNCIL MINUTES JULY 7, 2009 1
MINUTES APPROVED: July 21, 2009
City of Lake Elmo
City Council Minutes
July 7, 2009
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp, Emmons and Park (arrived
at 7:04 p.m.)
Absent: Council Member Smith
Also Present: Interim City Administrator Dawson, Planning Director Klatt, City
Engineer Griffin, City Attorney Snyder, Finance Director Bouthilet, Joe Rigdon, KDV
and City Clerk Lumby.
APPROVAL OF AGENDA:
MOTION: Council Member DeLapp moved to approve the July 7, 2009 as amended
(reverse items 8 & 9). Council Member Emmons seconded the motion. The motion
passed 3-0.
ORDER OF BUSINESS:
GROUND RULES:
Mayor Johnston shared information from the League of Minnesota Cities Annual
Conference regarding the importance of observing ground rules during the City Council
meetings.
APPROVED MINUTES:
The June 16, 2009 City Council minutes were approved by consensus.
PUBLIC COMMENTS/INQUIRIES:
Jim Blackford, 9765 45th Street N asked the City to consider changing a street name,
Julep Avenue to 45th Street N., (Intersection of 45th Street to Julep Avenue (approx. 200
yards). Staff responded the street name change is in process.
David Moore, 8680 Stillwater Boulevard, asked the City provide information regarding
the naming of Raleigh Creek which he stated was formerly named Eagle Point Creek.
The City Administrator will provide background information.
CONSENT AGENDA:
LAKE ELMO CITY COUNCIL MINUTES JULY 7, 2009 2
MOTION: Council Member Park moved to approve the Consent agenda items 2, 3 and
4, as presented. Mayor Johnston seconded the motion. The motion passed 4-0.
Approve payment of disbursements and payroll in the amount of $226,333.79
Authorize purchase of swing set, play zone borders and ADA resilient fiber
surfacing not to exceed the amount of $14,399.96, St. Croix Recreation
Authorize purchase of the Asphalt Planer from Tri-State Bobcat for the amount of
$12,258.36 (plus tax)
Approve Resolution No. 2009-031, accepting the developer-installed public infrastructure
improvements for the Discover Crossing Development
Jack Griffin, City Engineer, reported the developer-installed improvements for the
Discover Crossing Development has been fully completed in all respects. The public
improvements, except for the streets, have been in place for a minimum of 2 years and no
defective work remains. The streets were completed in November, 2008; therefore a
Warranty bond in the amount of $194,000 to expire on November 30, 2010, has been
received to guarantee the street improvements for a period of two years. In a response to
a question, the City Attorney related that if the improvements had been completed per
City specifications.
Craig Dawson noted that the City staff is working on strengthening the City’s
requirements in the City development agreements.
MOTION: Council Member Park moved to approve Resolution No. 2009-031, accepting
the developer-installed public infrastructure improvements for the Discover Crossing
Development. Council Member DeLapp seconded the motion. The motion passed 4-0.
REGULAR AGENDA:
2008 Annual Financial Report
Steve McDonald, Abdo, Eick & Meyers, presented the 2008 Annual Financial Audit
Report and had no significant concerns with the City’s accounting practices or the
accuracy of its financial records. McDonald pointed out that the Council may want to
take a closer look at utility rates, which at their current level are not able to cover the cost
of operating the City’s water and sewer systems. While there is enough money in the
respective funds to operate at a deficit for a few years, adopting a long term plan could
eliminate the need for dramatic rate increases later.
MOTION: Council Member Park moved to accept the 2008 Audited Financial Report.
Mayor Johnston seconded the motion. The motion passed 4-0.
LAKE ELMO CITY COUNCIL MINUTES JULY 7, 2009 3
Request Council direction on buffer setback in Open Space Preservation developments
Kyle Klatt, Planning Director, asked for direction to staff on how to proceed with
possible changes to the buffer setback in the ordinance which applies to all Open Space
Preservation (OP) developments. He explained many houses and accessory structures in
existing OP developments are nonconforming to this requirement and many vacant lots in
newer platted developments are essentially unbuildable when applying this setback. Not
taking action would result in continued variance requests being made on lots in OP
developments.
MOTION: Council Member DeLapp moved to direct the Planning Commission to review
the Open Space Preservation development ordnance with regards to buffer setbacks in
order to address both existing non-conformities and future developments on a City wide
basis and to look more in depth at options 3 and 4 provided by staff. Council Member
Park seconded the motion. The motion passed 4-0.
Consideration of reduced buffer setback for Tana Ridge and Parkview Estates:
Resolution No. 2009-032
Kyle Klatt, Planning Director, reported the City Council is being asked to consider
Resolution No. 2009-032 which would establish a lesser buffer setback for the Tana
Ridge and Parkview Estates developments. Klatt provided the Council with a map of
Tana Ridge, which is 660 feet wide and borders two rural parcels, and open space from
another housing development. An interpretation of the 200-foot setback required would
limit the neighborhoods buildable areas to a 260-foot strip of land in its center. Maps
were provided of other OP developments approved within the last ten years; Farms of
Lake Elmo, Parkview Estates and St. Croix’s Sanctuary. All had several structures inside
the 200-foot buffer zone. If the setback were applied to future permit applications, it
would render 14 of Sanctuary’s 38 vacant lots unbuildable.
Council Member DeLapp said it was never the Council’s intent to retroactively apply
new standards to previously approved developments.
MOTION: Council Member Emmons moved to approve Resolution No. 2009-032
reducing the 200-foot buffer setback in Tana Ridge and Parkview Estates developments
from 200 feet to 50 feet, with the exception of Lot 9, Block 5, Parkview Estates will have
a 20 foot setback from the Lake Elmo Regional Park Reserve. Council Member DeLapp
seconded the motion. The motion passed 4-0.
Appeal hearing on denial of a building permit application for an in-ground pool structure
due to encroachment in 200 buffer setback at 4884 Lily Avenue; Joe Pelletier, Resolution
No. 2009-030
Joe Pelletier withdrew his appeal of the City’s building permit decision which was made
moot by the setback requirements in Resolution No. 2009-033.
LAKE ELMO CITY COUNCIL MINUTES JULY 7, 2009 4
Accept 2009 Street Improvement Project Bids and award Contract; Resolution No. 2009-
030
Ryan Stempski, TKDA Project Manager, provided a letter of recommendation to award
the 2009 Street Improvements contract to the lowest responsible bidder, Tower Asphalt
for its base bid of $417,811.50.
MOTION: Council Member Park moved to adopt Resolution No. 2009-030 accepting
bids and awarding a contract for the 2009 Street Improvements to Tower Asphalt for its
base bid of $417,811.50. Council Member DeLapp seconded the motion. The motion
passed 4-0.
Grant Application for Fire Station stimulus funding
Fire Chief Malmquist reported through the American Recovery Reinvestment Act, the
Department of Homeland Security is distributing $210 million in grants for fire stations
across the county. Chief Malmquist didn’t know whether Lake Elmo would be able to
secure the grant, but added that officials administering the appropriations would be more
willing to award a grant if the City would commit funds to the grant eligible items in the
project. He believed building a new main station on land located down in the southern
end of the City would require a 15,000-20,000 sq.ft. station to replace the downtown
station at an estimated construction cost of $2.25-$4 million, and additional items not
grant eligible would need to be paid by the City.
The Council discussed its concerns of committing the City to any significant expenditures
in coming years.
MOTION: Council Member Park moved to authorize staff to submit an application for a
$2 million grant to the Department of Homeland Security’s Assistance to Firefighters
Fire Station Construction Grants. Mayor Johnston seconded the motion. The motion
passed 3-1 (Council Member DeLapp voting against).
MOTION: Council Member Park moved to amend the motion to request a grant for $4.0
million for construction of a fire station. Council Member DeLapp seconded the motion.
The motion passed 4-0.
The meeting was adjourned at 8:45 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2009-030 Accept bids and award contract for the 2009 Street
Improvements
Resolution No. 2009-031 Accept developer installed improvements Discover Crossing
Resolution No. 2009-032 Approve buffer setback reduction in the Tana Ridge and
Parkview Estates developments