HomeMy WebLinkAbout01-22-2008 CCMAPPROVED MINUTES: February 4, 2008
City of Lake Elmo
City Council Meeting Minutes
January 22, 2008
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston, Council Members DeLapp, Johnson, Park and Smith
Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla,
Planning Director Klatt, Planner Matzek, Consulting Planner Gozola, Project Assistant
Kriegler, City Engineer Griffin and City Clerk Lumby
Approval of Agenda:
MOTION: Council Member Johnson moved approval of the January 22, 2008 agenda as
amended to include an addition to the motion on agenda item #5. Council Member Park
seconded the motion. The motion passed unanimously.
ORDER OF BUSINESS:
GROUND RULES: (These are the rules of behavior that the city council adopted for
doing its public business.)
APPROVE MINUTES
1. Consider approval of January 8, 2008 minutes
The minutes were approved by Council consensus.
PUBLIC COMMENTS/INQUIRIES:
Doug Pepin, Lake Elmo Fire Department Captain, announced the winners of the Lake
Elmo Firefighters Relief Association annual raffle: $250 – Mr. Mrs. John Venitrus
$100 – Joe Connolly, $25 - Maria Anderson, Renee Mechelke, Wendell & Ruth Pieper,
Wilfried D. Hirsch
Bill Wacker, 3603 Laverne Avenue N., noted the neighbors missed the fire siren signal at
Noon and 9 p.m. and asked if all residential properties received the same charge for
surface water despite the size of the property. Finance Director Tom Bouthilet explained
that residential zones received the same rate. The fire siren will be discussed at a future
date.
CONSENT AGENDA:
MOTION: Council Member Johnson moved to approve the consent agenda as presented.
Council Member Park seconded the motion. The motion passed unanimously.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 22, 2008 1
• Approve Resolution no. 2008-004 payment of claims in the amount of
$613,890.59
• Approve a salary adjustment of 2.9% to reflect cost of living for Firefighters
• Approve a right-of-way access agreement for septic access to a new home
Lot 11, Block 1 Ruth’s First Addition
• Approve legally negotiated settlement with Diversified Contracting Specialist,
Inc., d/b/a Gen-Con Construction and LMCIT for release of the retainage in the
amount of $9498.89 pending receipt of all the lien waivers and subject to
maintenance of contractual warranties.
• Annex Installation Cost Revision of expenditures in the amount of $6,000 for
items related to utility extensions, site preparation, ADA ramp, furniture and
miscellaneous costs related to the city hall annex (in addition to the $11,000) to
come from the 2004A capital improvement bond issue for public facilities.
• Accept contribution of the gear washer/extractor from the city of Oakdale Fire
Department for Station #2 and direct the fire chief to thank the city of Oakdale
for its contribution on behalf of the City Council.
• Tablyn Park/Lake Elmo Heights Watermain Extension Project
a. Approve Change Order No. 8 thereby increasing this contract in the
amount of $9,043.45 to the revised contract amount of $3,293,869.34
b. (1) Approve Compensating Change Order No. 9 thereby increasing the
contract in the amount of $590,905.78 to the final contract amount of
$3,884,775.12
(2) Approve Payment Certificate No. 9 (Final) in the amount of
$316,075.51 to be paid from the Tablyn Park/Lake Elmo Heights
Project Fund
c. Approval of Resolution no. 2008-005 accepting work
• Tablyn Park/Lake Elmo Heights Well Sealing Project
a. (1) Approve Change Order No. 2 for Contract A thereby increasing
this contract in the amount of $1,900.00 to the revised contract amount
of $175,190.00
(2) Approve Change Order No. 2 for Contract B thereby increasing
this contract in the amount of $3,456.50 to the revised contract amount
of $172,161.50
b. (1) Approve Contract A Compensating Change Order No. 3 thereby
decreasing the contract amount by $73,315.02 to the final contract
amount of $101,874.98 & Payment Certificate No. 7 (Final) in the
amount of $18,721.57 to be paid from the Tablyn Park/Lake Elmo
Heights Project Fund.
(2) Approve Contract B Compensating Change Order No. 3 thereby
decreasing the contract amount by $84,544.97 to the final contract
amount of $87,616.80 & Payment Certificate No. 7 (Final) in the
amount of $12,699.28 to be paid from the Tablyn Park/Lake Elmo
Heights Project Fund
c. Approve Resolution no. 2008-006 final acceptance of Projects A
and B, dated January 15, 2008
Approve Resolution 2008-008 approving an agreement with MnDOT for a
LAKE ELMO CITY COUNCIL MINUTES JANUARY 22, 2008 2
Safe Route to School Grant for Lake Elmo Elementary School
REGULAR AGENDA
Presentation by the Lake Elmo Jaycees
Ann Suckow, Community Development Vice President introduced herself and other
Jaycee members and reported on upcoming Jaycee events.
Review the adopted Order of Business for the City Council
Council member Johnson explained that she and Council member Smith believed that it
was desirable to limit the round robin questions and comments to one per council
member unless a motion was passed to add an additional round.
Council member Smith explained the purpose is to keep the meeting focused and moving
along. She also explained that if the three minutes were used by each member on each
item, that 45 minutes would have been devoted to the topic.
Mayor Johnston said he preferred that the City Council get accustomed to the procedures
it is now using and rely on Roberts Rules of Order.
Council member DeLapp said he preferred to use Roberts Rule of Order rather than
change the City Council’s adopted order of business.
MOTION: Council Member Smith moved to approve the new order of business of
changes as presented. Council Member Johnson seconded the motion.
MOTION: Council member Park moved to table the proposed rule change for two
months. Mayor Johnston seconded the motion. The motion to table passed unanimously.
Application from Richie and Beth Springborn to rezone an unaddressed property on 55th
Street North from Agricultural to Rural Residential to allow construction on a home on
the parcel PID: 04-029-21-14-0002
Consulting Planner Ben Gozola presented an application from the Springborns for a
rezoning of their unaddressed property on 55th Street from Agricultural to Rural
Residential to allow construction of a single family home. He reported that the proposed
use was consistent with the surrounding area and the comprehensive plan; and that the
planning commission recommended approval.
MOTION: Council Member Smith moved to approve Ordinance no. 08-002 rezoning the
unaddressed parcel on 55th Street from Agricultural to Rural Residential. Council
Member Park seconded the motion. The motion passed unanimously.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 22, 2008 3
Discuss the Minnesota Pollution Control Agency’s (MPCA) proposed alternatives for
remediating PFC’s in the Washington County Landfill
Administrator Hoyt introduced the discussion by explaining that the City Council had
requested additional time for discussing the proposed options for the PFC cleanup of the
Washington County Landfill by the PCA.
The Mayor and Council members asked the PCA several questions related to the
preferred option, the dig and line option. The City Council requested that the PCA
consider a permanent solution to the wastes such as the dig and truck option to another,
more appropriate site with the future option of burning it in a plasma burner.
Representatives of PCA answered questions and explained that there would be a public
meeting and a public comment period for the City Council to formally provide
comments.
Jim Blackford, 9765 45th Street N., provided information on the cost comparisons using a
plasma torch for a regional disposal approach. He reiterated his concern about keeping
the landfill in Lake Elmo and his preference on providing a long term solution for the
waste.
State Representative Julie Bunn submitted an email letter to the council with her
comments on the remediation options for the Washington County Landfill.
Mayor Johnston said that the City Council will review this item when it is time for the
city to submit comments in the public comment period.
Consider an ordinance to amend general front yard setback regulations in all zoning
districts to include developed lots
Consulting planner Ben Gozola presented a report on amending section 154.082 of the
code to allow front yard setback flexibility in all zoning districts on developed as well as
undeveloped lots. The proposed ordinance responds to resident concerns (primarily in
older areas of the City) that variances should not be required for nonconformities if the
construction is consistent with adjacent structures. The planning commission initiated the
request to amend the ordinance and recommended its approval.
MOTION: Council Member DeLapp moved to approve Resolution no. 2008-007 for
publication of Ordinance no. 08-03 summary and ordinance no. 08-03 to broaden the
flexibility for front yard setbacks in all zoning districts to include developed lots through
the following language:
Where adjacent residential structures on the same side of the street between intersections
have front yard setbacks different from those required, the front yard minimum setback
shall be the average of the immediately adjacent structures. If there is only one
LAKE ELMO CITY COUNCIL MINUTES JANUARY 22, 2008 4
immediately adjacent structure, the front yard minimum setback shall be the average of
the required setback and the setback of the adjacent structure. In no case shall the
required front yard setback exceed the required minimum established within the districts
of this chapter.
Council Member Johnson seconded the motion. The motion passed unanimously.
Consider an ordinance to amend the existing shoreland district regulations to incorporate
updated information and provide increased flexibility on front yard setbacks.
Consulting Planner Ben Gozola reported that the planning commission had initiated work
on an ordinance change that would provide increased flexibility in front yard setbacks by:
1) updating the ordinary high water mark (OHWM) levels and flood plain levels to be
consistent with DNR and FEMA; and 2) remove shoreland specific right-of-way (front
yard) setback requirements.
Mayor Johnston inquired how many additional lots would become buildable as a result of
this ordinance change.
The council discussed the proposed changes.
MOTION: Council Member Smith moved to table this agenda item until the February 4th
meeting in order for staff time to analyze how many non-buildable lots may become
buildable because of the OHW change, and to determine if the City has an option to not
change the OHW in light of the recent DNR change. Council Member Johnson seconded
the motion. The motion passed unanimously.
Appoint commissioners to existing vacancies on the planning and parks commission
The City Council interviewed candidates for existing vacancies on the Parks and
Planning Commissions. Candidate interviews have also been scheduled for February 4th,
2008.
MOTION: Council Member DeLapp moved to delay appointment selection to the
Planning Commission until the February 4, 2008 meeting. Council Member Johnson
seconded the motion. The motion passed unanimously.
MOTION: Council Member Smith moved to delay appointment selection to the Parks
Commission until the February 4, 2008 meeting. Council Member Johnson seconded the
motion. The motion passed unanimously.
REPORTS AND ANNOUNCEMENTS:
• Administrator Hoyt announced the following meeting schedule:
- February 4th Monday night Council meeting, 6:30 PZ & PA candidate
interviews
LAKE ELMO CITY COUNCIL MINUTES JANUARY 22, 2008 5
- February 12th NIMS training
- February 13 and 21st AUAE Advisory panel at city hall
- February 26th Council workshop
- February 28th Open house on the Village AUAR, Oakland Jr. H.S.
The Mayor adjourned the meeting at 9:40 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2008-04claims
Resolution No. 208-05 accept work for Tablyn Park/Lake Elmo Heights Watermain
Extension Project
Resolution No. 2008-06 Final acceptance of Projects A and B for Tablyn Park/lake Elmo
Heights Well Sealing Project
Resolution No. 2008-07 Summary of Ordinance No. 08-03
Resolution No. 2007-08 approve agreement with MnDOT for a safe route to school grant
for Lake Elmo Elementary School
Ordinance No. 08-02 Rezone unaddressed parcel on 55th Street from AG to RR –
Springborn
Ordinance No. 08-03 Amend general front yard setback regulations in all zoning districts
to include developed lots
LAKE ELMO CITY COUNCIL MINUTES JANUARY 22, 2008 6