HomeMy WebLinkAbout11-04-2009 CCMLAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2009 1
MINUTES APPROVED: November 17, 2009
City of Lake Elmo
City Council Minutes
November 4, 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, City Engineer
Griffin, Attorney Snyder, Finance Director Bouthilet and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member DeLapp moved to approve the November 4, 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 October 20, 2009, City Council minutes were approved by consensus.
PUBLIC COMMENTS/INQUIRIES: None
CONSENT AGENDA:
MOTION: Council Member Park moved to approve the Consent Agenda as presented.
Council Member DeLapp seconded the motion. The motion passed 5-0.
Approve payment of disbursements and payroll in the amount of $103,321.94
Approved Resolution No. 2009-042 allowing detached garage closer to road
right-of-way for Robert Bliss at 7910 DeMontreville Trail N.
REGULAR AGENDA:
Hiring of Public Works Maintenance Operator
Bruce Messelt, City Administrator, reported G.T. Magnuson, who has served the City
Public Works for six years, will be leaving the City to work for Lake County Highway
Dept in Two Harbors, MN. The City advertised and received 220 applications for the
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2009 2
Public Works Maintenance Operator position. Interviews for the top five candidates took
place on Friday, October 29 and on Tuesday, November 3rd.
Based on the interviews, the City Administrator asked for City approval to make an offer
of employment to one of the three top candidates for the position of Public Works
Maintenance Operator, consistent with current City employment policies and procedures,
the approved 2009 and projected 2010 General Fund budgets and contingent upon
completion of an appropriate check of references and background investigation.
MOTION: Council Member DeLapp moved to authorize the City Administrator to
approve an offer of employment, to the successful candidate, as Public Works
Maintenance Operator, consistent with the already-budgeted compensatory parameters
for this position and contingent upon completion of reference checks and an appropriate
background investigation. Council Member Park seconded the motion. The motion
passed 5-0.
Adopt Ordinance No. 08-018, amending Section 50.40 regarding water use restrictions
Bruce Messelt, City Administrator, reported the City Council is being asked to consider
adoption of the Ordinance 08-018 that would implement certain water conservation
measures for the municipal water system.
City Engineer Griffin explained this ordinance has been drafted in response to (1) comply
with the recently adopted Water Supply Plan and associated regulations administered by
the Department of Natural Resources; (2) promote best operating practices within the
municipal water system; and (3) minimize the water system well and storage facility
requirements on a City-wide basis.
The City Engineer had previously noted that Minnesota Statutes 103G.291 requires
public water suppliers serving more than 1,000 people to employ water use reduction
measures and implement a conservation rate structure which must be implemented by
January 1, 2010.
An article on water conservation rates will be in the City newsletter, noticed in he water
bills. The City Administrator will explore the reverse phone system alerting water users
of the water conservation rates. The implementation of these water conservation
measures will be reviewed and the legality to extend these measures to private wells will
be explored.
MOTION: Council Member DeLapp moved to adopt Ordinance 08-018, Amending
Section 5040 of the City Code Implementing Water Conservation Measures for the
Municipal Water System. Council Member Park seconded the motion. The motion
passed 5-0.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2009 3
Approval of 2010 water conservation rates
Bruce Messelt, City Administrator, reported Minnesota Statute 106G.291 requires public
water suppliers serving more than 1,000 consumers to adopt a conservation water rate
stricture by January 1, 2010.
Tom Bouthilet, Finance Director provided the City Council with three draft scenarios for
review. While the Council indicated a preference for scenario #3 at the October 27,
workshop and directed staff to proceed accordingly, a fourth scenario was also still under
construction, with no base charge and a pure ad valorum rate structure.
MOTION: Council Member Smith moved to adopt a water conservation rate structure
for 2010, as depicted in Scenario #3 attached in report. Mayor Johnston seconded the
motion. The motion passed 5-0.
Adopt Ordinance No. 08-019, Wireless Telecommunication Ordinance, Resolution No.
2009-043
Kyle Klatt, Planning Director, reported the City Council was provided with a copy of the
most recent Planning Commission report regarding the Wireless Communications
Ordinance at its October 27, 2009 workshop. The changes that were requested by the
Council during the workshop were incorporated into the updated draft. The Council is
being asked to approve the proposed ordinance, as amended, and repeal the moratorium
on the construction of new wireless telecommunications tower, currently in effect.
Council Member DeLapp was not in attendance at the October 27th workshop; therefore,
at the Council meeting he summarized his changes to the ordinance.
Jim Blackford, 9765 45th Street N., stated he wanted the requests to come in front of the
Council so they could consider keeping the character of neighborhood and the visual
impact of the tower area.
MOTION: Council Member DeLapp moved to approve 08-019 amending the wireless
communications ordinance as amended by the Planning Director and including the
comments that would strengthen the original intent of the ordinance provide by Council
Member DeLapp, effective upon the publication date of Ordinance 08-019. Council
Member Park seconded the motion. The motion passed 5-0.
MOTION: Council Member DeLapp moved to approve Resolution No. 2009-043
authorizing publication of Ordinance No. 08-019 by Title and Summary. Council
Member Park seconded the motion. The motion passed 5-0.
MOTION: Council Member Park moved to direct the City Attorney to draft an ordinance
to repeal Ordinance 08-012 establishing a moratorium on the construction of new
wireless telecommunications tower, currently in effect. Council Member DeLapp
seconded the motion. The motion passed 5-0.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 2009 4
Reports:
There was consensus of the Council to authorize Administrator Messelt to pursue
legislative changes supporting PEG, bonding possibilities and approval of liquor license
sharing two separate addresses.
The meeting adjourned at 8:28 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2009-042 allowing detached garage closer to road right-of-way for Robert
Bliss, 7910 DeMontreville Trail N.
Resolution No. 2009-043 Authorizing publication of Ordinance No. 08-019 by title and
summary
Ordinance No. 08-018 Amending Section of the City Code implementing water
conservation measures for the municipal water system
Ordinance No. 08-019 Amending wireless communications ordinance