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Home My WebLink About12-09-2008 CCMLAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 1 APPROVED MINUTES: January 6, 2009 City of Lake Elmo City Council Minutes December 9, 2008 Mayor Johnston called the meeting to order at 7:00 p.m. Present: Mayor Johnston and Council Members DeLapp, Park and Smith Absent: Council Member Johnson Also present: Planning Director Klatt, City Attorney Filla, City Engineer Griffin, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member DeLapp moved to approve the December 9, 2008 City Council agenda as amended by adding Item 11. Update on Interim City Administrator. Mayor Johnston second the motion. The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The December 1, 2008 City Council meeting were approved by consensus. The December 3, 2008 Special City Council meeting were approved by consensus. PUBLIC COMMENTS\INQUIRIES: Tom Mechelke, 9090 Jane Road N., with the economy what it is, he asked that the City be more prudent with the budget and try to save money. After watching the council meetings on cable he asked the Council to try to work with each other and listen to the veteran Council member. CONSENT AGENDA: MOTION: Council Member Park moved to approve the consent agenda as presented. Council Member DeLapp second the motion. The motion passed unanimously. Approve payment of disbursements and payroll in the amount of $106,377.20 Approve Abdo, Eick & Meyers, LLP for the audit of the 2008 basic financial statement of the City LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 2 REGULAR AGENDA: 2009 Property Tax Levy Finance Director Tom Bouthilet asked the City Council to consider adopting the final 2009 property tax levy. The certificate to the Washington County Auditor will be as follows: General Fund Levy $2,332,130 2004 G.O. Capital Improvement Plan Bonds 319,885 2006 G.O. Equipment Certificates of Indebtedness 56,188 Total $2,708,203 Council member DeLapp questioned the use of consultants to do planning work for the City. MOTION: Council Member Park moved to approve Resolution no. 2008-059 Adopting final property tax levy in the amount of $2,708,203. Council Member Smith second the motion. Mayor Johnston and Council Members Smith and Park voted in favor of the motion and Council Member DeLapp voted against. Adoption of 2009 Budget Finance Director Tom Bouthilet asked the City Council to consider adopting the final 2009 General Fund Budget. The proposed overall City 2009 budget includes the general fund, special revenue funds, debt service funds, capital projects funds, enterprise funds, and a draft five year capital improvement plan (CIP). Overall 2009 general fund expenditures are budgeted at $2,892,060, or a 1.4% decrease from the amended 2008 general fund budget. Council Member DeLapp questioned the expenditures for park shelters and wanted to revisit the 2009 budget because it does not reflect the U.S. economy. Mayor Johnston stated the City has a barebones budget and maintains the lowest tax rate of any City its size. MOTION: Council Member Park moved to approve Resolution no. 2008-060 adopting the 2009 General Fund Budget in the amount of $2,892,060. Council Member Smith second the motion. Mayor Johnston and Council Members Park and Smith voted in favor of the motion and Council Member DeLapp voted against. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 3 Presentation by the St. Croix Valley Community Foundation Jill Shannon, Director of Community Partnerships, provided a presentation on the St. Croix Valley Community Foundation about its purpose, programs and activities of the foundation. The Foundation requested funding ($1,844, based on a per capita formula) for an art survey to do in the greater St. Croix Valley communities. MOTION: Council Member Park moved to table the request for funding for an art survey for reconsideration in a month. Council Member DeLapp second the motion. The motion passed unanimously. V-Box Sander Purchase Mike Bouthilet, Public Works Superintendent, asked the City Council to approve the purchase of the V-Box sander (sand and salt spreader) in the amount of $5,459.83 (tax included). A request was made at the meeting to purchase a Boss Blade wing kit and tuck side mount in the amount of $2,139.99 from Aspen equipment. The Maintenance Advisory Committee recommended approval of the purchase and funding is available in the current CIP. MOTION: Council Member Smith moved to approve the purchase of a Henderson Pickup Spreader-Lite sand and salt spreader in the amount of $5,459.83 (tax included) and a Boss Blade Wing kit from Aspen Equipment in the amount of $2,139.99 (Tax included) with funding coming out of the current CIP. Council Member Park second the motion. The motion passed unanimously. Consider amendments to the wireless telecommunications tower ordinance Planning Director, Kyle Klatt, asked the City Council to consider amendments to the wireless telecommunications tower ordinance. The change in requirements in the ordinance would allow for more flexibility in citing the towers. MOTION: Council Member Park moved to approve Ordnance no. 08-011 based on the reasons cited by the Planning director in his report dated December 9, 2008. Mayor Johnston moved to second the motion. Mayor Johnston and Council Members Park, and Smith voted in favor of the motion and Council Member DeLapp voted against the motion. Further consider a recommendation related to an application for a wireless 125 foot telecommunications tower permit for 9057 Lake Jane Trail N. Planning Director, Kyle Klatt, asked the Council to consider a request from FMHC Corporation to construct a 125-foot wireless telecommunications tower at 9057 Lake Jane Trail. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 4 Tom Mechelke, 9090 Jane Road N., expressed his dismay having to look at the tower especially when viewing vistas across Lake Jane from Sunfish Lake Park. Other residents cited the negative aesthetic aspects of the tower which would be seen from around Lake Jane and Sunfish Lake Park, Ron Obermueller, 8696 N. 42nd Street, offered suggestions as to where the tower could be placed and how the same coverage could be gained with two smaller towers which wouldn’t dominate the landscape. Jean Olinger, 9057 Lake Jane N., noted all the change that she and her family had experienced while living on their property for thirty years. During that time the Olinger family did not oppose such changes in the neighborhood Mark Holm, real estate and zoning manager for T-mobile, explained the company approached the city six months ago and was told that there was no city property appropriate for the tower which is why the company sought out private sites. Council Member Smith said she would prefer to work with T-mobile officials for an additional 60 days to explore alternative sites for the tower including nearby City property. Council Member Park stated that applicants, Daniel and Jean Olinger, had presented the City an application in good faith and they deserved to have that request reviewed and acted upon. Mike Pearson, 2805 Lisbon Avenue N. and a planning commission member, supported Council Member Park's comments stating that the applicant is not getting a fair deal in the process. State statute requires that a City act on such an application within 120 days, the city’s deadline was December 24th. The Council discussed using 60 days to continue a discussion with T-Mobile officials and staff on the placement of the cell tower and the details that go into building a tower. Mark Holm, real estate and zoning manager for T- mobile agreed to the request for a 60-day extension. MOTION: Council Member Smith moved to table until February 9, 2009 the application to construct a wireless telecommunication tower at 9057 Lake Jane Trail in order for the staff and T-mobile officials to discuss the location and design. Council Member DeLapp second the motion. Mayor Johnston and Council Members DeLapp and Smith voted in favor of the motion and Council Member Park voted against. Consider setting a public hearing to establish a moratorium on the construction of a new wireless telecommunications towers – Not Discussed LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 5 Interim use permit – E&E properties Terry Emerson applied for a zoning change and a permit to allow E&E Properties to place a commercial terminal for semi trucks on property he owned at 11530 Hudson Blvd. The Council approved the zoning change Emerson needed before he can allow a client to convert the site. The use is an interim use, subject to annual review and approval and until City sewer and water is available at the site. MOTION: Council Member Smith moved to adopt Resolution no. 2008-058 approving the interim use permit to establish a truck terminal at 11530 Hudson Boulevard. Council Member Park moved to second the motion. The motion passed unanimously. Comprehensive planning efforts and authorizations to proceed on the Transportation and Surface water management system plans City Engineer Jack Grifffin asked the City Council to authorize TKDA to proceed with the preparation of the local transportation and surface water system plans necessary to complete the 2030 Comprehensive Plan updates. The goal of these authorizations is to complete the minimal requirements of the Metropolitan Council’s System Statements and watershed district to comply with the given deadlines. All plans will be completed on the basis of the current land use plan adopted in 2005. MOTION: Council Member DeLapp moved to authorize the Acting City Administrator to execute Authorizations with TKDA to complete the Transportation and Surface Water Management System Plans in the estimated amount of $69,100. Council Member Park second the motion. The motion passed unanimously. Update on Hiring Process for Interim City Administrator Mayor Johnston reported an abbreviated employment agreement has been sent to Craig Dawson. Background checks should be completed by December 12th. There was discussion on the proposed changes to the employment agreement submitted by Council Member DeLapp. The proposed changes to the employment agreement did not receive Council approval. The meeting was adjourned at 10:25 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution no. 2008-058 Grant an interim use permit to allow a bus/truck terminal at 11530 Hudson Blvd. Resolution no. 2008-059 Adopt final property tax levy in the amount of $2,708,203 Resolution no. 2008-060 Adoption of 2009 General Fund Budget in the amount of $2,892,060 Resolution no. 2008-061 Adopt summary of ordinance no. 08-010 Ordinance no. 08-011 Amendments to the wireless telecommunications tower ordinance LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 6