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HomeMy WebLinkAbout08-18-2009 CCMLAKE ELMO CITY COUNCIL MINUTES August 18, 2009 1 MINUTES APPROVED: September 1, 2009 City of Lake Elmo City Council Minutes August 18, 2009 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park (arrived 7:03 p.m.), and Smith (arrived 7:03 p.m.). 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 Emmons moved to approve the August 18, 2009 City Council agenda as presented. Council Member DeLapp seconded the motion. The motion passed 3-0. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The August 4, 2009 City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Cameron Barry, 4920 Olson Lake Trail, voiced his support for construction of a walking path near 50th Street for safety reasons along CSAH 13. CONSENT AGENDA: MOTION: Council Member DeLapp moved to approve the Consent Agenda as presented. Council Member Emmons seconded the motion. The motion passed 3-0. Approve payment of disbursements and payroll in the amount of $141,031.13 Declare M&K Development, LLC, in default of in the development agreement for the Farms of Lake Elmo subdivision and to authorize all available remedies to cure the default Approve the purchase of a 2009 Dodge 550 cab/chassis and components not to exceed $84,375.00 (plus tax and license) LAKE ELMO CITY COUNCIL MINUTES August 18, 2009 2 Award contract for the 2009 Crack Sealing Project per the Engineer’s letter of recommendation for the award of contract to Gopher State Sealcoat, Inc. in the amount of $25,200. Resolution No. 2009-035 setting date for sale of bonds for 2009 street improvements Interim City Administrator Dawson reported the construction will begin the last week of August for the City’s 2009 Street Improvement Program and the reconstruction of the entry and parking lot at Tablyn Park. In order to finance these improvements, the City needs to take formal action by Resolution to set the sale of the bonds, which would be scheduled for action at the October 6, 2009, Council meeting. Paul Donna, Northland Securities, presented the City with an award for Standard and Poor’s AA rating. MOTION: Council Member DeLapp moved to approve Resolution No. 2009-035, A resolution setting the date of sale for General Obligation Improvement Bonds, Series 2009B and authorize consultant provide alternate lower cost financing structure. Council Member Smith seconded the motion. The motion passed 5-0. Consider an application to allow construction of a covered porch five feet into the required 30 foot front yard setback at 8618 Ironwood Trail N. Kelli Matzek, City Planner, reported on the variance request from Vernon and Vicky Reichow to allow the construction of a covered porch five feet into the required 30 foot front yard setback at 8618 Ironwood Trail N. The existing house currently is located eight feet from the setback line, but the attached garage extends to the setback line. The applicants are proposing to add a foyer, which meets the setback. The covered porch would encroach five feet into the front yard setback. Staff and Planning Commission recommended denial of the variance application as the applicants have eight feet in which to construct a permitted addition to their house. MOTION: Council Member DeLapp moved to approve the variance requested by Vernon and Vicky Reichow for construction of a porch at 8618 Ironwood Trail subject to four conditions. Mayor Johnston seconded the motion. The motion passed 5-0. 1. The roof and roof eave will not extend more than 4 feet further into the front yard setback than permitted by Code. 2. Dimensions and materials of the new work will not vary from the submitted drawings, which show the height of the roof and the design as being compatible with the existing house as being remodeled. 3. The work will not endanger the health of the mature surface maple in the front yard. 4. The porch will not have walls. LAKE ELMO CITY COUNCIL MINUTES August 18, 2009 3 Council Member DeLapp provided six Findings of Fact reflected in the resolution being prepared for approval by the City Council. MOTION: Council Member DeLapp moved to amend the motion to direct staff to proceed with amending the City ordinance defining permitted encroachment to the front yard setback in recognition of inconsistent policy over right-of-way widths local roads serving houses built before and after about 1996. Council Member Park seconded the motion. The motion passed 5-0. A variance is needed as long as the code is in effect and the variance fee application has been paid by the applicants; therefore, a resolution approving the variance will be on the September 1st City Council agenda for Council approval. Lanes DeMontreville Country Club Addition – Request to Order the Preparation of Feasibility Report for Sanitary Sewer and Water Improvements Craig Dawson, Interim City Administrator, reported the City has received a request from Roger Johnson, 8048 Hill Trail North, that the City Council order a feasibility report for sewer and water improvements to the Lanes DeMontreville Country Club Addition The properties in question are located outside the planned municipal service boundary for sanitary services per the Comprehensive Plan. In addition, there is not a current plan by the City to extend municipal water to this area. The petition area is about 1,500 feet from the Oakdale City limits, and about 3/4 of a mile from the nearest Oakdale sewer connection point. Roger Johnson stated he wanted to move forward because of the reconstruction work being done on 50th Street and, if delayed, this project would end up costing more. When Council Member Emmons asked if he had information verifying lake quality, he said he could not find any information that lake quality was being affected. City Engineer Jack Griffin noted that he has talked at staff level with the City of Oakdale, and they would be willing to hookup Lake Elmo residents. Kathy Lohmer, 8199 Hill Trail N, voiced her concern on cost of the project to the residents and was told when the City reconstructed Hill Trail N. sewer installation was 20-30 years in the future. Council Members Emmons wanted to ensure the character of neighborhood for long term and questioned what the Council’s response would be in the future for areas asking for sewer when this area has been sewered. Council Member Smith voiced her concern on where the City would draw the line on requests for sewer from other neighborhoods. LAKE ELMO CITY COUNCIL MINUTES August 18, 2009 4 MOTION: Council Member Park moved to adopt the Resolution ordering the preparation of preliminary cost study for sanitary sewer to the properties of the Lanes DeMontreville Country Club Addition. The initial study would be completed in an amount not to exceed $2,000 which would be paid by the residents in the neighborhood wanting the study. The motion failed 2-3: (Council members DeLapp, Emmons, Smith voting against). Consider authorizing the Interim City Administrator to enter into a project agreement with the VBWD to repair an eroding ravine and to prevent sediment from washing into Lake DeMontreville Kelli Matzek, City Planner, reported on the proposed project agreement with the Valley Branch Watershed District to repair an eroding ravine and to prevent sediment from washing into Lake DeMontreville. The project will take place entirely within the City- owned DeMontreville Wildlife Park to address erosion issues that occur largely due to the intermittent stream at the site. A grading permit has been received and reviewed administratively as it’s considered a public improvement project. The Assistant City Engineer has reviewed the proposed grading and found the project and resulting grades to be acceptable. MOTION: Council Member Smith moved to authorize Interim City Administrator to enter into the Project Agreement with the Valley Branch Watershed District to perform ravine restoration work at DeMontreville Wildlife Park based on the staff’s recommendation of approval with the four conditions. Council Member Emmons seconded the motion. The Motion passed 5-0. MAC recommendation on further investigation to purchase 100-foot ladder truck At its August 12, 2009 meeting, the Maintenance Advisory Committee recommended the Fire Chief and representatives not travel to Kansas City to review the used 100-foot ladder truck because it is half the cost of a new unit and had no warranty. MAC recommended the Fire Department get specifications and preliminary pricing for a new 100-foot ladder truck with bucket. The Council asked staff to schedule a workshop where they could come up with a new orderly replacement plan for Lake Elmo fire vehicles and equipment. The meeting was adjourned at 9:30 p.m. Submitted by Sharon Lumby, City Clerk Resolution No. 2009-035 Set date of sale for GO Improvement Bonds, Series 2009B