HomeMy WebLinkAbout10-06-2009 CCMLAKE ELMO CITY COUNCIL MINUTES October 6, 2009 1
MINUTES APPROVED: October 20, 2009
City of Lake Elmo
City Council Minutes
October 6, 2009
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith.
Also Present: City Administrator Messelt, Planning Director Klatt, Attorney Snyder,
Finance Director Bouthilet and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member DeLapp moved to approve the October 6, 2009 City Council
Agenda as presented. Council Member Smith seconded the motion. The motion passed 5-
0.
ORDER OF BUSINESS:
GROUND RULES:
APPROVED MINUTES:
The September 15, 2009, City Council minutes were approved by consensus.
PUBLIC COMMENTS/INQUIRIES: None
CONSENT AGENDA:
MOTION: Council Member Smith moved to approve Items 2, 3 and 4 on the Consent
agenda as presented. Council Member Park seconded the motion. The motion passed 5-
0.
Approve payment of disbursements and payroll in the total amount of
$634,852.18.
Adopt Resolution No. 2009-039 authorizing issuance, awarding sale for the
payment of $575,000 General Obligation Improvement Bond, Series 2009B for
Tablyn Park entrance and lot
Approve 2009 Street Improvements Payment Certificate #2 in the amount of
$185,143.08 to be paid to Tower Asphalt, Inc. from the Project Fund
LAKE ELMO CITY COUNCIL MINUTES October 6, 2009 2
Approval of easements to the Minnesota Pollution Control Agency for the placement of
ground water monitoring wells in Sunfish Lake Park and Lake Jane Hills Park
In regard to Council Member DeLapp’s inquiry regarding the Minnesota Land Trust’s
review of the MPCA easements for the monitoring wells at Sunfish Lake Park and Lake
Jane Hills Park, the Minnesota Land Trust was made aware of the request, reviewed the
draft easement documents, and the easement document was structured in such a way that
provided the City with the authority to grant the easements to the MPCA.
MOTION: Council Member DeLapp moved to approve the easements to the Minnesota
Pollution Control Agency for the placement of ground water monitoring wells in Sunfish
Lake Park and Lake Jane Hills Park. Council Member Smith seconded the motion. The
motion passed 5-0.
Acceptance of the developer-installed infrastructure improvements for the Prairie Ridge
Office Park development
Council Member DeLapp asked if the lights could be tuned off after the businesses close,
as the City required when they first moved here. He only wanted the opinion to be
advisory.
MOTION: Council Member Emmons moved to accept the developer-installed
infrastructure improvements for the Prairie Ridge Office Park development pending final
staff approval for landscaping and soil conditions. Mayor Johnston seconded the motion.
The motion passed 5-0.
.
REGULAR AGENDA:
Consider an application from Greg and Kathy Lohmer for a variance from the maximum
imperious coverage ratio to permit the construction of an addition at 8199 Hill Trail N.
The applicants, Greg and Kathy Lohmer, asked that this item be delayed until the October
20th City Council meeting.
The Council delayed this item until the October 20th City Council meeting, per the
applicant’s request.
Consideration of an amendment to Section 154.081 of the Lake Elmo Zoning Ordinance
regarding permitted encroachments in required yards and the addition of definitions for
“porch” and “awning” to Chapter 11
Kyle Klatt, Planning Director, reported the City Council is being asked to review and
approve the proposed text amendments to address permitted encroachments within front
and side corner setbacks and to add definitions for the terms “porch” and “awning”.
LAKE ELMO CITY COUNCIL MINUTES October 6, 2009 3
The Council changed the definition to awning to read as follows: A roof-like cover
including, but not limited to fabric, metal, or glass designed …”
Council Member DeLapp previously noted he thought it was unfair how some homes are
set back further from roadways than others due to varying right-of-way widths in older
neighborhoods.
The Planning Commission reconsidered the setback code. The ordinance now reads:
Porches as defined in this ordinance may encroach up to 6 feet into a required front yard
setback or side corner yard, but in no case shall be setback less than 10 feet from the front
property line. A porch is not allowed in a side or rear yard setback.
MOTION: Council Member Smith moved to adopt Ordinance No. 08-017, An ordinance
to add definitions for “porch” and “awning” to Section 11.01, and to amend Section
154.081 for permitted encroachments on required yards, including the definition change
of “awning”. Council Member Emmons seconded the motion. The motion passed 5-0.
The meeting was adjourned at 7:28 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2009-039 – Authorize issuance, awarding sale for the payment of
$575,000 General Obligation Improvement Bond for Tablyn Park entrance/lot
Ordinance No. 08-017 Add definitions for porch and awning to Section 11.01, amend
Section 154-081 for permitted encroachments on required yards, including the definition
change of awning