HomeMy WebLinkAbout09-15-2009 CCMLAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 1
MINUTES APPROVED: October 6, 2009
City of Lake Elmo
City Council Minutes
September 15, 2009
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, and Smith
Absent: Council Member Park
Also Present: Interim City Administrator Dawson, Planning Director Klatt, City
Engineer Stempski, Attorney Snyder, Finance Director Bouthilet and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member Smith moved to approve the September 15, 2009 City
Council agenda as amended by adding Discussion with Metropolitan Council regarding
Wastewater Inefficiency Fees (WIFs). Council Member Emmons seconded the motion.
The motion passed 4-0.
ORDER OF BUSINESS:
GROUND RULES:
APPROVED MINUTES:
The September 1, 2009, City Council minutes were approved by consensus.
PUBLIC COMMENTS/INQUIRIES:
Linda Klein, 9260 31st Street, provided a letter to the Council regarding the condition of
property at 9240 31st Street that presents health hazards. Her pictures and letter will be
submitted to Attorney Snyder who will be contacting the Washington County Health
Dept. and Sheriff’s Dept.
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 $102,632.53
Approve 2009 Street Improvements Payment Certificate #1 in the amount of
$42,721.50 to be paid to Tower Asphalt, Inc. from the Project Fund.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 2
REGULAR AGENDA:
Conditional job offers to Bruce “Nick” Witter, Cheryl Pumper and Justin Pumper
Fire Chief Malmquist requested the City Council approve conditional job offers to Bruce
“Nick” Witter, Cheryl Pumper and Justin Pumper for firefighters, contingent on their
passing physical exams and psychological screening. With the new probationary
firefighters, the department will have 30 firefighters (8 of which are on probation). The
authorized complement for the Fire Department is 32.
MOTION: Council Member DeLapp moved to make conditional job offers to Bruce
“Nick” Witter, Cheryl Pumper and Justin Pumper pending the successful outcome of
their department physical and psychological screening each will be placed on
probationary status with the Fire Department. Mayor Johnston seconded the motion.
The motion passed 4-0.
Discussion with Metropolitan Council regarding Wastewater Inefficiency Fees (WIFs)
Craig Dawson, Interim City Administrator, related that Sherry Broeker, Metropolitan
Council Representative for District 12, requested that Mayor Johnston and he be at a
meeting she arranged with Met Council Chair Peter Bell and Regional Administrator
Tom Weaver for Thursday afternoon September 17. The purpose of the meeting will be
to start to identify the process and information that will be needed for a successful
petition to make revisions in the schedule of development and Wastewater Inefficiency
Fees, (WIFs).
MOTION: Council Member DeLapp moved to authorize Council Member Smith to
participate in the meeting with the Metropolitan Council on Thursday, September 17.
Council Member Emmons second the motion. The motion passed 3-1. (Mayor Johnston
voting against because the Mayor is elected to represent the City and it was unnecessary
to have a Council Member there as that could complicate discussions.)
Consider accepting a proposal for the construction of a picnic shelter at Carriage Station
Park
Carol Kriegler, Project Assistant, reported the Parks Commission recommended that City
Council accept a proposal from Stotko Speedling Construction for the construction of a
20’ x 20’ picnic shelter at Carriage Station Park at a base cost of $36,500, plus the
additional cost for a five-inch slab and apron extension of the concrete floor with the
expenditure coming out of the Park Improvement Fund. In addition, the Council was
asked to authorize expenditures of up to $2,000 for equipment rental, materials and
supplies related to site preparation, restoration and landscaping work that would be done
by the City’s public works staff.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 3
Lowes Companies Inc. offered the City a grant of materials and supplies valued at
approximately $11,000 to be used for the construction of a park picnic shelter. The Lake
Elmo Jaycees have also offered to support the project through a gift of $4,000.
Contractors were made aware of the availability of these resources during the proposal.
Proposals were received for the construction of a smaller shelter at Carriage Station Park
and a larger shelter at DeMontreville Park. The Park Commission reviewed the proposals
and recommended unanimously to move forward with the construction of the smaller
shelter at Carriage Station Park. The Park Commission expressed that it would like to
reconsider locations for the larger shelter and delay construction of the larger shelter until
next spring.
MOTION: Council Member DeLapp moved approval of acceptance of the Stotko
Speedling proposal for construction of a park shelter in Carriage Station Park at a base
cost of $36,500 plus $925 for enhancements to the concrete floor, and for authorization
of expenditures for equipment rental, supplies and materials related to site preparation,
restoration and landscaping to be conducted by the public works staff with the
expenditures coming from the Park Improvement Fund. Council Member Smith seconded
the motion. The motion passed 3-0-1 (Mayor Johnston abstained from voting because he
saw a need for more objectivity on public policy.)
Consider a request to amend the landscape plan for St Croix Sanctuary subdivision
Kyle Klatt, Planning Director, reported on the proposed amendment to the approved
landscape plan for the St. Croix’s Sanctuary development. This action would require a
modification to the OP – Open Space Preservation District requirements which must be
approved by a 4/5ths vote of the Council, because it would substantially reduce the
number of boulevard trees below the minimum threshold required in the ordinance. The
developer had defaulted on the development agreement and there were insufficient funds
to complete the landscape plan as approved.
The general consensus Planning Commission was that the proposed plan was a
reasonable substitute plan and that the Sanctuary residents’ support of this plan was
important to take account. The Commission recommended approval of the revised
landscape plan with an amendment to the second condition to read as follows.
Two trees per new building site, provided by the builder or homeowners, shall be
provided in the front yard prior to the issuance of a certificate of occupancy for
new homes on all undeveloped lots as of September 15, 2009.
Representatives from Landscape Architecture Inc. provided a proposed landscape plan
package based off of the $30,000 to $35,000 range that was provided by the City staff.
In the future, there will be a standardized check list for landscape and driveway escrows,
tighter inspections and a new standard development agreement.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 4
MOTION: Council Member Smith moved to approve the revised landscape plan for the
St. Croix’s Sanctuary development subject to the following conditions: Mayor Johnston
seconded the motion. The motion passed 4-0.
The implementation of the plan shall adhere to all recommendations from the
City Forester as documented in a report to the City dated September 8, 2009.
Two trees per new building site, provided by the builder or homeowners, shall
be provided in the front yard prior to the issuance of a certificate of occupancy
for new homes on all undeveloped lots as of September 15, 2009.
Review of City policy concerning signs placed within public rights-of-way
Kyle Klatt, Planning Director, reported the City Council has requested a review of the
City’s policy regarding the enforcement of signs placed within the public right-of-way.
The City’s ordinance reads as follows with regards to signs placed within the right-of-
way:
Public lands and rights-of-way. No signs other than governmental signs
shall be erected or temporarily placed within any street right-of-way
or upon public lands or easements or rights-of-ways without Council
approval.
The Planning Director pointed out that one of the issues that impacts the City’s ability to
enforce this ordinance is that not all streets in the City have uniform boulevard areas, if
any at all. In terms of developing a policy on the enforcement of these types of signs,
staff suggested a policy regarding signs on public boulevards.
MOTION: Mayor Johnston moved to approve the proposed policy regarding signs on
public boulevards with a three month review on effectiveness. Council Member DeLapp
seconded the motion. The motion passed 4-0.
The City will remove any sign within a public right-of-way that has not received
Council approval for placement in said right-of-way.
All confiscated signs will ne held by the City for a minimum of 14 days, after
which time the signs will be destroyed.
The City will make an effort to contact companies by telephone that are violators
of City Code.
The City will not make any special attempts to contact the owner of a sign
confiscated from a public right-of-way, but will allow sign owners to pick up their
signs during normal business hours at City hall within the two-week retention
period.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 15, 2009 5
Direction to Planning Commission regarding storage of boats and trailers
Kyle Klatt, Planning Director, reported the City Council has requested time to discuss the
City’s ordinance regarding the storage of boats and trailers on private property.
The Council asked staff to take the following direction to the Planning Commission for a
recommendation.
In the shoreland district boats and trailers are parked in the front yard, define front
yard in shoreland district.
Define rear yards on unique lots for parking boats/trailers.
Consider language for inconspicuous placement on lots.
The meeting was adjourned at 9:45 p.m.
Respectfully submitted by Sharon Lumby, City Clerk