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HomeMy WebLinkAbout11-17-2009 CCMLAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2009 1 MINUTES APPROVED: December 1, 2009 City of Lake Elmo City Council Minutes November 17, 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 Kevin Sandstrom and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the November 17, 2009 City Council Agenda as presented. Council Member DeLapp seconded the motion. The motion passed 5-0. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The November 4, 2009, City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Charlie Stockwell, Regatta Chair of the Minnesota Boat Club, thanked the City Council and staff for their support and enthusiasm in allowing the Club to host the 106th Annual NWIRA Championship Regatta at Lake Elmo on August 21 and 22, 2009. David Moore, 8680 Stillwater Blvd., would like to talk to the Planning Director about his shed that is now in the fringe district according to the new FEMA flood plain maps. CONSENT AGENDA: MOTION: Council Member Smith 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 $432,590.15 Approve an 18 month extension to the variance issue for 8961 37th Street N, Thomas Dufresne Adopt Ordinance No. 08-020 repealing a moratorium on wireless telecommunications towers LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2009 2 Authorize American Engineering Testing, Inc. to proceed Geotechnical Services for the 2010 Street and Water Quality Improvements Feasibility Report in the amount of $5,800 Approve Partial Payment N. 3 to Tower Asphalt Inc. in the amount of $142,116.86 for the 2009 Street Improvements Project Approve Resolution No. 2009-044 supporting efforts to secure State bonding funds to design and construct an East Metro Regional Firefighter Training Facility Approve contractors application for payment and change order #1 for Carriage Station picnic shelter project Approve grant agreements with the State of Minnesota for Sunfish Lake Park Prairie Restoration Project and Sunfish Lake Park Natural Resource Management Plan REGULAR AGENDA: Response to the Metropolitan Council on 2030 Comprehensive Plan Update City Administrator Bruce Messelt reported the City Council is being asked to review the context of the City’s proposed response to the Metropolitan Council regarding its June 19, 2009 letter to the City indicating that the 2030 Comprehensive Plan update the City submitted earlier in the year is incomplete with respect to compliance with Lake Elmo’s 2005 systems’ statement. Upon completion of its review, the City Council is asked to authorize the City to submit the information included herein response to the notice of incompletion. Staff provided and reviewed changes with the Council on pages 3, 4, and 5 of the response to the Metropolitan Council. MOTION: Council Member Park moved to reword item #1 because the City is more restrictive where noted and amend item #7 to read…of housing cognizant of different levels of affordability. Council Mayor Johnston seconded the motion. The motion passed 5-0. Council Member DeLapp told Council members about a dispute between the Met Council and Orono as Lake Elmo in regard to the same growth issues and fighting to preserve its rural character. Mayor Johnston agreed that Lake Elmo should observe Orono closely. He noted that the City spend $365,000 in legal fees and won the best agreement with the Met Council of anyone in the seven county metro areas. MOTION: Council Member Park Smith moved to direct staff to contact the Orono staff to discuss current events with the Met Council and keep the City Council posted. Council Member Park seconded the motion. The motion passed 5-0. MOTION: Council Member Park moved that City staff be directed to submit the information presented as amended/modified tonight in response to the Met Council’s notice of incompletion regarding the 2030 Comprehensive Plan Update. Council Member Emmons seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2009 3 Consider developer’s request for an extension of the completion deadline for Whistling Valley I, II, III City Administrator Bruce Messelt reported that the City Council is being asked to consider request by the developer to extend the required completion date for the remaining improvements of Whistling Valley I, II, and III. Per the Whistling Valley III Development Agreement, all items were to be completed by October 31, 2009. Staff has worked with the developer to create an acceptable schedule to complete the remaining improvements. The proposed schedule required all items to be completed by June 30, 2010. MOTION: Council Member DeLapp moved to allow an extension to complete all remaining items in Whistling Valley I, II, and III in accordance with the schedule with a final completion date of June 30, 2010. Council Member Smith seconded the motion. The motion passed 5-0. Authorization to proceed with formulation of 2010 Street Assessments and Overall Update of City Assessment Policies by Finance Subcommittee City Administrator Bruce Messelt reported the City Council is being asked to approve formulation of the City’s 2010 Street Assessments, based upon the information provide at the November 10th workshop. Once formulated, this information will be provided to the Finance Committee for consideration and review and to the City Council for final approvals. In addition, the Council is asked to assign the review of the City’s overall Assessment Policies to its Finance Review Committee. This Subcommittee, comprised of Council members Emmons and Smith, will work with the City Administrator, City Engineer and City Attorney to review and update the overall City Assessment Policy for full Council consideration. MOTION: Council Member DeLapp moved to direct preparation of 2010 Street Assessments, as presented, and to charge the Finance Subcommittee and City staff with reviewing and updating the City’s overall Assessment Policies so as to bring such into grater conformance with current laws, practices and City objectives. Council Member Smith seconded the motion. The motion passed 5-0. Reports: City Engineer Griffin reported there will be a rain garden workshop by Angie Hong, December 2, 6-7:30 p.m. at Lake Elmo city hall. Council Member Smith volunteered to be the liaison between the City Council and Fire Department. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 17, 2009 4 MOTION: Council M ember DeLapp moved to appoint Council Member Smith as the liaison between the City Council and the Fire Department. Council Member Park seconded the motion. The motion passed 5-0. The meeting adjourned at 8:00 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2009-044 Supports efforts to secure State bonding funds to design and construct an East Metro Regional Firefighter Training Facility Ordinance No. 08-020 Repealing a moratorium on wireless telecommunication towers