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HomeMy WebLinkAbout08-04-2009 CCMLAKE ELMO CITY COUNCIL MINUTES JULY 21, 2009 1 MINUTES APPROVED: August 18, 2009 City of Lake Elmo City Council Minutes August 4, 2009 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: Interim City Administrator Dawson, Planning Director Klatt, City Engineer Griffin, City Attorney Snyder, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member DeLapp moved to approve the August 4, 2009 City Council agenda as presented. Council Member Park seconded the motion. The motion passed 4- 0. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The July 21, 2009 City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member Smith moved to approve Items #3-#5 on the Consent agenda as presented. Council Member Park seconded the motion. The motion passed 4- 0. Award bid to Sun Ray Plumbing and Hearing Inc for the CDBG Gas Line replacement project in the Cimarron neighborhood; Resolution No. 2009-034 Authorize the expenditure of $4,950 (plus tax) to expand parking lot in Reid park Appoint David Steele, 9576 55th Street, as First Alternate, Parks Commission REGULAR AGENDA: Approve payment of disbursements and payroll in the amount of $167,569.54 Council Member DeLapp asked for a clarification of a disbursement. LAKE ELMO CITY COUNCIL MINUTES JULY 21, 2009 2 MOTION: Council Member DeLapp moved to approve payment of disbursements and payroll in the amount of $167,569.54. Council Member Smith seconded the motion. The motion passed 4-0. Approve temporary liquor license required by Lake Elmo Rotary to sell beer at the Fall Festival Council Member Smith, Fall Festival member, asked that this item be continued until the August 18th Council agenda so that the Fall Festival Committee can discuss this request. MOTION: Council Member Smith moved to continue consideration of the request by Lake Elmo Rotary to sell beer at the Fall Festival until the August 18th Council Meeting. Motion failed 2-2 (Mayor Johnston and Council Member DeLapp voting against.) MOTION: Council Member DeLapp moved to conditionally approve the temporary liquor license requested by the Lake Elmo Rotary upon a positive decision from the Fall Festival Committee to include this activity. Mayor Johnston seconded the motion. The motion passed 3-1 (Council Member Smith voting against.) MPCA Update on Lake Jane/Washington County Landfill Remediation Project Craig Dawson, Interim City Administrator, related the City Council requested that MPCA provide an update on the remediation project at the Lake Jane/Washington County Landfill. Pat Hanson and Peter Tiffany, MPCA, explained that construction on the Lake Jane/Washington County Landfill remediation project began in early June with project duration of 3+ years. As the contractor, Enebak Construction, began work, it proposed a different phasing plan than what had been anticipated in the plans developed by the MPCA’s engineering consultant. The MPCA is in agreement with the contractor’s approach and the duration of the project is now anticipated to be 2+ years. Council Member DeLapp questioned whether the MPCA activities at the Lake Elmo landfill site constitute “mining” as defined by the City Code; and noted that the City Code includes specific provisions and permitting related mining. He believed that MPCA is therefore in violation of the City Code by its activities at the Lake Elmo Landfill site. Peter Tiffany responded that State Attorney General Office advised that MPCA was not subject to the mining regulations. The MPCA has pledge their cooperation with the City for completion of this project. The City website has a link to the MPCA website for weekly updates. LAKE ELMO CITY COUNCIL MINUTES JULY 21, 2009 3 Authorize Enforcement Action re:5699 Keats Avenue North Craig Dawson, Interim City Administrator, reported in December, 2008 the City Council, acting as the Board of Adjustment and Appeals, ordered several code violations at 5699 Keats Avenue N. be remedied by June 30, 2009. A compliance review was made on July 11, 2009 found that only one item had been completed satisfactorily. The remaining violations continue. 1. Removal of proper storage of personal property items including, but not limited to, piles of brick, piles of wood, a large tank, etc. 2. Removal of the small cabin or proper changes to the structure necessary to meet the definition of “tool shed”. 3. Landscaping to the east of the house between the garage door and the rear entry door, including required construction of a retaining wall. In a review by the acting building official, with the assistance of a TKDA structural engineer, it was determined that the retaining wall as constructed required a building permit and an engineer’s certification; the property owner did not apply for a permit nor provided the engineer’s certification. Rod Sessing, 5699 Keats Avenue, believed that many of the issues were now in compliance or would be shortly. With regard to the retaining wall, Mr. Sessing was not aware, until now, that it had to meet structural engineer’s regulations and required a permit. In response to Mr. Sessing’s complaint regarding another property, Attorney Snyder pointed out that a resident should come into the City and files their complaint and the City staff will make its review. MOTION: Council Member Smith moved to authorize commencement of legal proceedings for enforcement of the Order of the Board of Adjustment and Appeals regarding property at 5699 Keats Avenue N. Mayor Johnston second the motion. The motion passed 3-1 (Council Member DeLapp voting against.) Budget Discussion Council Member Smith requested a committee be formed comprised of two council members, for the purpose of providing recommendations and options on the budget. Mayor Johnston and Council Members DeLapp and Smith volunteered to serve on the budget committee. LAKE ELMO CITY COUNCIL MINUTES JULY 21, 2009 4 MOTION: Council Member Smith moved to form a committee of two Council Members to review the budget with the staff and provide recommendations and possible options. Council Member DeLapp seconded the motion. The motion passed 3-1 (Mayor Johnston voted against.) MOTION: Council Member Park moved to amend the motion by including the nomination of Council Member Smith and Emmons to serve on the budget committee. If Council Member Emmons cannot make the meeting, Mayor Johnston will serve on the committee. Council Member DeLapp seconded the motion. The motion as amended passed 3-1 (Mayor Johnston voted against.) The Council meeting was adjourned at 8:36 p.m.. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2009-034 Award bid to Sun Ray Plumbing for CDBG Gas Line Replacement in Cimarron