July 19, PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson and Smith

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1 MINUTES APPROVED: August 9, 2011 City of Lake Elmo City Council Meeting Minutes July 19, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson and Smith Also Present: Administrator Messelt, Attorney Snyder, City Engineer Bohrer, Planner Matzek, Fire Chief Malmquist, Joe Rigdon, KDV, and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to Approve the July 19, 2011 City Council Agenda as amended by moving Item #11 before meeting minutes and add Item 10.5 Welcome Monument sign. Council Member Park seconded the motion. The motion passed 5-0. ACCEPTED MINUTES: The July 5, 2011 City Council minutes were accepted as amended by consensus of the City Council. PUBLIC COMMENTS: None CONSENT AGENDA: MOTION: Council Member Emmons moved to approve Agenda Items 2-10 with the exception of Item 9 as presented on the Consent Agenda. Council Member Pearson seconded the motion. The motion passed 5-0. (Council Member Pearson abstained on Agenda Items 6, 7, and 8-Electrical Inspections) Approve payment of disbursements and payroll in the amount of $225, Authorize Partial Payment No. 1 in the amount of $69, to be paid from the Street Maintenance Fund for the 2011 Seal Coat Project Accept the work for the 2010 Street and Water Quality Improvement Project and authorize payment No. 4 (Final) in the amount of $23, to T.A. Schifsky and Sons, Inc. to be paid from the Project Fund for the 2010 Street and Water Quality Improvements Project Authorize Partial Payment No. 1 in the amount of $159, to be paid to Hardrives, Inc. from the Project Fund for the 2011 Street and Water Quality Improvements Project Award contracts for 2011 raingardens (13 total) LAKE ELMO CITY COUNCIL MINUTES JULY 19,

2 Adopt Ordinance No , An Ordinance amending Chapter 151 by adding the Minnesota Electrical Act to the Lake Elmo City Code Adopt Electrical Inspection Services Agreement with Joseph Wheaton, Wheaton Inspections, as presented Adopt Ordinance No amending 2011 to include Fee Schedule for Electrical Inspections Approve selection of Focus Engineering for City Engineering Services REGULAR AGENDA: Recognition of James Sachs for over 30 Years of Service The City Council recognized James Sachs for his over 30 years of service to the community and the Lake Elmo Fire Department. Over the span of his career, Jim held the positions of Firefighter, Captain and Assistant Chief Audit Presentation Steve McDonald from Abdo, Eick and Meyers presented the 2010 Annual Financial Report with a management letter. MOTION: Council Member Pearson moved to accept the 2010 Year End Financial Report. Council Member Park seconded the motion. The motion passed 5-0. Variance to allow accessory building at th Street Court N. This item was moved from the Consent Agenda for clarification from Planner Matzek. MOTION: Council Member Pearson moved to approve approving the requested variance to allow an accessory building over 500 sq.ft. to be built as proposed at th Street Court N. with internal flood-proofing techniques. Council Member Park seconded the motion. The motion passed 5-0. Welcome Monument on Keats Avenue The City Council received a response to a query regarding Keats Avenue Welcome Monument Budget. Council Member Smith requested the City Council meeting date when Council gave approval to spend approximately $30,000. Appeal Hearing on Denial of a Fence Permit Application for a Proposed 6 High Solid Fence in the Side Yard of the property at Marquess Way N. The City Council, acting as the Board of Appeals, was requested to determine whether Staff s interpretation of the City Code related to the applicant s proposed fence construction at Marquess Way North is in conformance with the existing regulations, as written. The property owners, Robert and Jodi Konop, have requested to build a solid 6 high fence around the perimeter of his rear yard. LAKE ELMO CITY COUNCIL MINUTES JULY 19,

3 Mayor Johnston acknowledged receiving additional letters supporting Mr. Konop s variance application. MOTION: Council Member Smith moved to affirm the appeal by adopting Resolution No approving a fence permit to allow a solid, six foot high fence along the side property lines adjacent to other residential properties at Marquess Way N. Council Member Park seconded the motion. The motion passed 3-2 (Council Members Emmons and Pearson voting against.) Request to extend the deadline for submission of a Preliminary Development Plan related to a Senior Living/Farm School development at 9434 Stillwater Boulevard The City Council considered a request by Tammy Malmquist, 8549 Ironwood Trail N., for an extension to the deadline required to submit an application for a Preliminary Development Plan related to a Senior Living/Farm School project at 9434 Ironwood Trail N. Mrs. Malmquist has requested an extension of one additional year from the date of the concept plan approval. The City Council approved the concept plans for a Planned Unit Development (PUD) and OP-Open Space Conservation Development on July 20, The City Code requires the submissions of a Preliminary Development plan within one year of this date in order for the approved plan to remain valid. Ed Nielsen, 9498 Stillwater Blvd, submitted comments and concerns with the proposal. Larry Weiss, 9302 Stillwater Blvd., polled the neighborhood and found they were all against the large building being obtrusive to the county landscape. Susan Hansen, 9349 Stillwater Blvd., stated the senior living is a good idea, but not a good location along Hwy 5 for seniors with dementia. Tammy Malmquist responded the size of the building cannot be determined until the sizes of units have been determined. She has a purchase agreement on the land, has buyers, and is exploring all financial options. Attorney Snyder pointed out the request is to approve an extension, not the project. The City Council will decide the merits of the preliminary development plan when submitted. MOTION: Council Member Park moved to approve a request to extend the deadline for submission of Preliminary Development Plan for the PUD/OP Development related to senior living/farm school project at 9434 Stillwater Boulevard North from July 20, 2011 until July 20, Council Member Smith seconded the motion. The motion passed 3-2 (Council Members Emmons and Pearson voting against.) LAKE ELMO CITY COUNCIL MINUTES JULY 19,

4 Accessory Building Variance 5761 Keats Avenue The City Council considered a variance required from Steve and Joan Ziertman, 5761 Keats Avenue, to allow the construction of a second 2,400 sq.ft. accessory building on their property. The proposed building would be used to house equipment related to the growing and selling of agricultural products. A variance has been requested because the applicants already have built a 2,310 sq.ft. building on their property, and the RR Rural Residential Zoning District only allows one such accessory building on their property. The Planning Commission recommended approval of the variance request with two conditions of approval. Rod Sessing, 5699 Keats Avenue, stated his property is part of the Ziertman farm. He has grown pumpkins since 1997 and plans on getting back into farming. He said he had to cut back because of storage problems had equipment in the building and sitting outside. He would like the Council to open to all property owners with 10.7 acres the ability to construct an additional accessory building. Doug Lovitt, th St. Court N., has a small produce farm and sees the need for more barn space. MOTION: Council Member Smith moved to adopt Resolution Number A Resolution approving a variance to allow the construction of a new 2,400 sq.ft. Accessory building at 5761 Keats Avenue in addition to an existing 2,310 sq.ft. building in a Rural Residential Zoning District. Council Member Park seconded the motion. The motion passed 3-2 (Council Member Emmons and Pearson voting against.) MOTION: Council Member Emmons moved to direct staff to add the review of the ordinance relative to this question at a workshop for prioritization on the Planning Commission work plan. Council Member Pearson seconded the motion. The motion passed 5-0. Hotel/Motel Water Rates Discussion and Proposed Ordinance No The City Council received an update on efforts to address issues related to water service to the Wildwood Lodge. Lake Elmo staff met with the Wildwood Lodge staff to discuss the history of billing and review of the infrastructure and water meters. Cathy Bendel, C&J Consulting, provided additional information which the Wildwood Lodge staff requested more time for review. A decision on hotel/motel water rates will be added to the next City Council agenda. Update Re: Library Service Consideration This item was scheduled at the request of the City Council in order to update the Council and public on efforts to retain and enhance library services for the Lake Elmo community. Administrator Messelt reported that all four boutique libraries will most likely close by January Attorney Snyder addressed questions regarding the City establishing their own library and authorizing a library levy. LAKE ELMO CITY COUNCIL MINUTES JULY 19,

5 MOTION: Mayor Johnston moved to adopt Resolution No , A Resolution Establishing a Public Library System, Authorizing A Library Levy and Establishing a Public Library Board for the City of Lake Elmo. Council Member Pearson seconded the motion. The motion passed 5-0. Ordinance Extending No Wake Requirements The City Council considered potential modifications to City Ordinance Section (B) governing operation of motor craft above no wake speeds on area lakes. Given recent high water conditions, some area residents are requesting imposition of no wake provisions, until such time as water levels recede. In addition, the City Council was asked to consider an additional ordinance change to all the City area lakes to establish certain deviations from the standard no wake provisions, by Resolution, for special events and other circumstances. The City Attorney added language to allow for better enforcement of such provisions. No Wake signs will be erected. The Washington County Sheriff s Department has also been consulted regarding enforcement of such regulations. MOTION: Mayor Johnston moved to adopt Ordinance No , An Ordinance To Allow the City Council To Extend The No Wake Requirements Under the Water Surface Use Ordinance. Council Member Park seconded the motion. The motion passed 5-0. The Council adjourned the meeting at 11:05 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No Approve the variance to allow an accessory building over 500 sq.ft. at th Street Court N. Resolution No Approve a fence permit to allow a solid, 6 high fence along the side property lines adjacent to other residential properties at Marquess Way N. Resolution No Approve variance to allow the construction of a new 2,400 sq.ft. accessory building at 5761 Keats Avenue in addition to an existing 2,310 sq.ft. building in a RR zoning district Resolution No Establishing a pubic library system, authorizing levy and establishing a public library board for the city LAKE ELMO CITY COUNCIL MINUTES JULY 19,

6 Ordinance No , Amending Chapter 151 by adding the MN Electrical Act to the Code Ordinance No Amending 2011 Fee Schedule for electrical inspection Ordinance No Extend the No Wake requirements under the water surface use ordinance. **Approve selection of Focus Engineering for City Engineering Services LAKE ELMO CITY COUNCIL MINUTES JULY 19,