MINUTES APPROVED: October 16, 2007
City of Lake Elmo
City Council Meeting Minutes
October 2, 2007
Mayor Johnston called the meeting to order at 7 p.m.
Everyone joined in the Pledge of Allegiance.
Present: Mayor Johnston, Council Members DeLapp, Johnson, Park and Smith.
Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney John
Miller, Senior Planner Gozola, City Engineer Griffin, and City Clerk Lumby.
Approval of Agenda:
Motion: Council Member Johnson moved approval of the October 2,, 2007 agenda, as
amended with moving agenda item 9 up to the item 7 time slot. Council Member DeLapp
seconded the motion. The motion passed unanimously.
Mayor Johnston reviewed the City Council adopted ground rules and order of business.
Approval of the September 4, 2007 minutes:
The September 4, 2007 minutes were accepted with amendments by consensus.
Approval of the September 21, 2007 minutes:
The September 21, 2007 minutes were accepted by consensus.
Richard Travers , 2151 Lake Elmo Avenue N., read several issues from a powerpoint
presentation summarized from the September 11, 2007 People Preserving Lake Elmo,
Gust Kempf, 2685 Lake Elmo Avenue N., continued reading the issues from the
PowerPoint presentation from the September 11, 2007 People Preserving Lake Elmo
Todd Williams, 3025 Lake Elmo Avenue N., explained that the fifteen issues being
presented from the September 11, 2007 meeting were a consensus of the members of
PeoPLE who had met after the September 11 meeting. He requested a written response to
the fifteen issues be delivered to him by November 2 and requested that the council issue
a report and read it into the minutes of the November 5th Council meeting. (Power Point
slide presentation is attached)
LAKE ELMO CITY COUNCIL MINUTES October 2, 2007 1
Mayor Johnston explained that he had requested a copy of the September 11, 2007
videotape from Mr. Williams.
Mr. Williams explained that the group did not receive a videotape of the entire meeting
due to technical difficulties so the PeoPLE group wrote down their issues.
Mayor Johnston told residents that the City will hold a public meeting at Oak-Land Jr.
H.S. at 7 pm, October 18th to describe the engineering work done on the I-94 to 30th
Street Infrastructure project. The City Council will have a workshop on October 30 for
the City Council members to learn about and ask questions on financing options.
Susan Dunn, 11018 Upper 33rd Street, completed reading the presentation of the
September 11, 2007 PeoPLE issues.
Motion: Council Member Johnson moved to approve the consent agenda as identified.
Council Member Smith seconded the motion. The motion passed unanimously.
Approve resolution no. 2007-068 for claims
Accept resignation from Jenifer Watters, Park Commission
Northern Watermain Extension Change Order No. 1
Northern Watermain Extension Compensating Change Order No. 2 and Payment
Certificate No. 3 (Final)
Resolution No.2007-069 for Final Acceptance of the Northern Watermain
Approve purchase of replacement personal computers in the amount of
Consider appointment of Jennifer Rasmussen to the Community Improvement
Motion: Council Member Johnson moved to appoint Jennifer Rasmussen, 535 Cimarron,
to a two-year term on the Community Improvement Commission. Council Member Smith
seconded the motion. The motion passed unanimously.
Consider application for a Conditional Use Permit amendment and variances for
expanded parking at 11530 Hudson Boulevard N.; Resolution No. 2007-072
Ben Gozola, Senior Planner reported the City Council is being asked to consider a
conditional use permit amendment and three variances to allow the expansion of Laidlaw
Bus transit facility currently located at 11530 Hudson Boulevard. The property is zoned
agricultural and the Laidlaw bus operation is currently authorized by a low impact non-
LAKE ELMO CITY COUNCIL MINUTES October 2, 2007 2
agricultural use CUP approved in 2002. The proposed expansion would add
approximately 1.07 acres to the CUP site to accommodate 23 additional buses an
employee parking needs.
When Terry Emerson was asked if there was a sense of urgency, he said Laidlaw would
like to get this done before the ground freezes up. He said Laidlaw Bus Company asked
for the changes so that all the company’s buses could be plugged in during winter. If this
request does not get approved, he would be interested in an interim use.
The Council asked the Planning Commission at its October 22nd meeting, guide staff in
preparing an interim use ordinance that would allow the City to grant interim use permits.
Motion: Council Member DeLapp moved to approve Resolution No. 2007-072, denying
a Conditional Use Permit Amendment and three variances to allow E&E Properties LLC
to expand the existing Laidlaw Bus Transit facility on property at 11530 Hudson
Boulevard because the hardship criteria are not met. Council Member Smith
seconded the motion. Mayor Johnston and Council Members Johnson, DeLapp and
Smith voted for the motion with Council Member Park voting against.
Consider application for a Conditional Use Permit from HAIRitage ‘Hous to allow
therapeutic massage as component of the full service salon currently located at 9242
Hudson Blvd. Suite 3, Resolution No. 2007-070
Ben Gozola, Senior Planner reported the City Council is being asked to allow therapeutic
massage by conditional use permit at the HAIRitage’Hous salon. The Planning
Commission and staff recommended approval of the conditional use permit for
therapeutic massage because the applicant had demonstrated that the conditions for a
CUP had been met .
Motion: Council Member Johnson moved to adopt Resolution No. 2007-070 approving
the conditional use permit for massage services a t 9242 Hudson Boulevard based upon
the following findings: 1. The use would not negatively affect the health, safety, morals,
convenience, or general welfare of surrounding lands.; 2. It would not affect traffic or
parking conditions given the use has existed on the site for one year and no complaints
were received.; 3. The use would have little or no effect on utility or school capacities;
4. The proposed use would have no effect on property values of surrounding land;, 5.
The use would be consistent wit the Comprehensive Plan; subject to the following
condition that therapeutic massage be performed only in conjunction with a formal salon
or spa. Council Member DeLapp seconded the motion. The motion passed unanimously.
LAKE ELMO CITY COUNCIL MINUTES October 2, 2007 3
Consider application for a Master Plan Amendment from the Carmelite Monastery to
amend the approve Master Plan forth site to add an accessory structure; PF Zoning;
Resolution No. 2007-071
Ben Gozola, Senior Planner reported the City Council is being asked to allow a master
plan amendment to permit an additional accessory building at the Carmelite Monastery of
the Blessed Virgin Mary at 8248 DeMontreville Trail. The Planning Commission and
staff recommended option 1, approval of the master plan amendment to allow an
additional accessory building with the following conditions: 1. The proposed structure
must meet applicable setback requirements; and 2. The septic system for the proposed
structure would need to met all applicable requirements. The Planner noted that the
concern from a member of the Jesuit Retreat Center regarding the shared driveway is not
a city issue.
Motion: Council Member Johnson moved to adopt Resolution No. 2007-071approving a
master plan amendment for an accessory building at 8249 DeMontreville Trail based
upon the following findings: 1. Given the size of the property and the distance to adjacent
neighbors, the impacts to neighbors would be minimal and 2. The request for an
additional storage and work space may be reasonable given the use of the property,
subject to the following conditions: 1. The proposed structure must meet applicable
setback requirements and 2. The septic system for the proposed structure would need to
meet all applicable requirements. Council Member Smith seconded the motion. The
motion passed unanimously.
Report on Lake Elmo School Safety Meeting and next steps.
Susan Hoyt, City Administrator, reported the City Council is being asked to receive a
report on the Lake Elmo Elementary School safety meeting that was held on Tuesday,
September 25, 2007. The discussion covered three areas: speed, safe routes to school
grant, and school drop off and pickup.
Jennifer Pelletier, resident and PTA member, thanked Administrator Hoyt and City
Engineer Griffin for setting up this safety meeting and for all the work they have
accomplished in regard to a school safety zone.
Motion: Council Member Johnson moved to endorse the staff to provide information and
assistance where appropriate to the #834 school district, Washington County and
MnDOT on the school speed zone and other safety issues. Council Member DeLapp
seconded the motion. The motion passed unanimously.
REPORTS AND ANNOUNCEMENTS:
Mayor and Council Members
o Council Member Johnson encouraged citizens to attend the October 18th and 30th
meetings to be informed.
LAKE ELMO CITY COUNCIL MINUTES October 2, 2007 4
o Council Member DeLapp reminded the council that the Keats Avenue people are
having traffic problems. He noted that the house on 31st is flooded with a foot of
water and has become an absolute eye sore.
Mayor Johnston voiced his concern with PowerPoint presentations during public
inquiries and staff should be notified three days ahead of time so such
presentations could be added to the council agenda and then all citizens could be
informed of future agenda items. Discussion on what the council expects from
people inquiry process at business meetings will be added to the October 9th
o On October 9th there will be a workshop to consider the PCA agreement for
superfund site cleanup. A Council meeting will be held earlier before the
workshop on October 9th to discuss allowing the installation of an underground
horizontal well under the VFW Park.
o Update on Highway 36/Lake Elmo Avenue Design Review Committee. Letters
have been sent out to citizens and business owners have been contacted about an
opportunity to participate in a transportation committee for the Highway 36 and
Lake Elmo Avenue interchange.
At the October 16th Council meeting there will be a report on engineering
information on I-94 to 30th Street Infrastructure Project.
On October 18th there will be a public meeting at Oakland Jr. H.S. with same
On October30th there will be a city council workshop on financial policies.
Ben Gozola, Senior Planner, reported staff has completed an update to the City’s official
zoning map, the internal review of building permits now includes review by the planning
department for compliance to zoning regulations and the planning department is actively
pursuing multiple complaints and enforcement issues.
Jack Griffin, City Engineer reported he has provided an update on the Tablyn Park Water
main Extension project letting the Council know that that the project was nearly complete
and that the construction costs were within the budget provided to 3M earlier in the
summer. He also mentioned that there were three additional wells to be sealed as
identified by the MDH and they would proceed with this additional work since they were
Council Member Smith left the meeting at 9:05 p.m.
LAKE ELMO CITY COUNCIL MINUTES October 2, 2007 5
The Mayor adjourned the meeting at 9:12 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution no. 2007-068 claims
Resolution no. 2007-069 Final Acceptance of the Northern Water main Extension Project
Resolution no. 2007-070 Approve Conditional Use Permit for massage services at 9242
Resolution no. 2007-071 Approve master plan amendment for accessory building at 8249
Resolution no. 2007-072 Deny Conditional Use Permit Amendment and 3 variances to
allow E&E Properties to expand the existing Laidlaw Bus Transit facility, 11530 Hudson
LAKE ELMO CITY COUNCIL MINUTES October 2, 2007 6