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HomeMy WebLinkAboutCity-Council-Agenda-Packet-3-4-14LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 2014 CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBUARY 18, 2014 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson, Council Members Wally Nelson, Anne Smith, Justin Bloyer, and Mike Reeves. Also Present: City Administrator Zuleger, Community Development Director Klatt, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Council Member Bloyer moved TO APPROVE THE FEBRUARY 18, 2014 CITY COUNCIL AGENDA AS PRESENTED. Council Member Nelson seconded the motion. MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES THE FEBRUARY 05, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. COUNCIL REPORTS: Mayor Pearson: met with Jennifer Pelletier to discuss the Yellow Ribbon Network; Washington County Commissioner Kriesel announced a new program for troubled septic systems; clarified that Lake Elmo Days are not cancelled, but another entity besides the City needs to take over the brunt of the work. Council Member Smith stated she is ok with another entity taking it over but does not know who it will be. She knows how much work it is. It was noted that the majority of the work is not financial, but labor; the Mayor also attended the Senate Capital Improvement meeting with Mr. Zuleger and Ms. Gumatz. Council Member Smith: reported that according to a resident, Ramsey County Library is having a meeting to decide that Lake Elmo residents will also have to purchase a separate Ramsey County Library card. Council Member Nelson: noted he was impressed with Park Commission and the last joint workshop with that group. He was impressed with leadership, the work they have done, and how they are listening to Council feedback. Council Member Bloyer: no report Council Member Reeves: no report PROCLAMATION – ALEX JANOCHOSKI Alex Janochoski from Troop 162, described his achievement and his Eagle Scout project. Worked with Stillwater Area High School's (SAHS) Environmental Learning Center and 35 people from his troop to build twelve Peterson-style birdhouses. He will be attending Bemidji State University in fall 2014 to study Natural Resources. Council Member Smith read the proclamation recognizing him for his accomplishment. She noted her son is in the same troop, and she is very proud of Alex. CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $287,852.66 3. Accept Financial Report dated January 31, 2014 4. Accept Building Report dated January 31, 2014 5. Lake Elmo Sewer Infrastructure Improvements: I-94 to 30th St. – Pay Request No. 5 6. Encroachment Agreement – 9590 Whistling Valley Trail Page 1 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 2014 7. Approve Pay Equity Report MOTION: Council Member Nelson moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 8: PUMPHOUSE NO. 4 IMPROVEMENTS – ACCEPT BIDS AND AWARD CONTRACT; RES. NO. 2014-11. City Engineer Griffin gave overview of the proposed project and the scope of the work. He explained that the City’s estimates were about $100,000.00 lower than the bids received. Staff reviewed the design, bidders, and bids and determined that the bids were good, there was not a case of overdesign and no options to reduce or obtain lower bids through re-bids. Council Member Bloyer asked about vendor who made incorrect estimate. Mr. Griffin stated Bolton & Menk used Barr Engineering. Barr Engineering was the firm who provided the estimate. Council Member Nelson asked why well and pump house are done separately. Mr. Griffin explained that it involves very different projects with different type of contractors. The process and timing of determining the design for the project was explained. Several details are not able to be determined until the well portion is drilled. Council Member Reeves asked about accountability. Mr. Griffin explained that City is hiring service not an insurance policy. City can elect to not use the consultant in future. Mr. Bloyer asked how much we paid Bolton & Menk so far. That amount was not known off-hand. MOTION: Mayor Pearson moved TO APPROVE RESOLUTION NO. 2014-11, ACCEPTING BIDS AND AWARDING A CONTRACT TO TOTAL MECHANICAL INC. IN THE AMOUNT OF $748,640.00 FOR THE PUMPHOUSE NO. 4 IMPROVEMENTS. Council Member Nelson seconded the motion. Council Member Nelson stated he is having hard time understanding how contractor can be 40% off. Whether the City learned anything during this process was discussed. Mr. Griffin explained that when adding consultants to the consultant pool, he is hiring person not the firm, especially for project management. MOTION PASSED 5-0. ITEM 9: 2014 SEAL COAT PROJECT – AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS City Engineer Griffin gave overview of the proposed project and the scope of the work by providing a recap of the feasibility study from 1/06/2014. Council Member Nelson asked what the funds are used for. Mr. Griffin stated that it is basically for the entire project management. MOTION: Council Member Smith moved TO AUTHORIZE ENGINEERING SERVICES TO FOCUS ENGINEERING INC., IN THE NOT TO EXCEED AMOUNT OF $9,500, FOR THE 2014 SEAL COAT PROJECT. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 10: 2012 RAIN GARDENS – CONTRACTOR REQUEST TO RECONSIDER PAY REQUEST NO. 2 (FINAL) City Engineer Griffin gave the history and explanation of the issue. The vendor’s attorney sent letter requesting that Council reconsider the payment. Council Member Nelson asked if there is any signed approval for the rain gardens. Mr. Griffin explained that Washington Conservation District approved it. City has no evidence of maintenance. City had requested notice of any maintenance. The City’s opinion is that there was probably both poor design and workmanship. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 2014 City Attorney Snyder gave his legal opinion on what the City’s liability to pay. Based on the contract and available information, his recommendation is that unless there is additional information, the City reaffirm the engineer’s payment recommendation. MOTION: Council Member Smith moved TO REAFFIRM PAY REQUEST NO. 2 (FINAL) TO ST. CROIX VALLEY LANDSCAPING IN THE AMOUNT OF $3,560 FOR THE ONE YEAR MAINTENANCE CONTRACT FOR THE 2012 RAIN GARDEN PROJECT. Council Member Reeves seconded the motion. Council Member Nelson noted that the rain gardens are continuously problematic. He wants City to see what can be done to mitigate the issues. Council Member Bloyer concurs. Council Member Reeves’ opinion is that if the rain garden is designed, installed, and maintained properly, they work and serve a valuable purpose. They cannot be simply put on autopilot. Mayor Pearson and Council Member Bloyer agree that they can work when things are done properly. The question is who is responsible when they fail? The agreements to maintain the rain gardens was discussed. Consensus was that the agreements needed to be enforced or addressed differently. MOTION PASSED 5-0. ITEM 11: LIVESTOCK/ANIMAL ORDINANCE AMENDMENT; ORD. 08-100, RES. NO. 2014- 12, ORD. 08-101 City Clerk Bell provided overview of the proposed amendments. The main amendments were to repeal the livestock section of the Zoning Code and relocate it in the newly created Animals Chapter as well as a few housekeeping items. The other main amendments were the addition of the new chicken and bee keeping provisions. Livestock would also now be allowed to be kept on lots 5 acres or more. The old standard was 10 acres. Chickens would be allowed on 1/2 acre lots. Bees would be allowed on 1 acre lots. Permits would be required for chickens and bees on less than five acres. Permits would be $25. The history of the ordinance and the changes requested by the Planning Commission were explained. The number of chickens and lot size minimums were discussed. Because of initial pushback by Planning Commission, staff modified the original proposal to make it much more conservative than the original drafts. It was noted that the Commission vote was 6-1, with Commissioner Lundgren voting no. Her opinion was the proposal was too conservative and restricting. The setbacks and coop design was also discussed. The notice requirement was discussed. Mr. Bell stated that it primarily was an opportunity for residents and neighbors to be heard. Staff did not find instances where a council denied application based on neighbors protest. Bee keeping education was discussed. Staff was open to adding other specific institutions, but recommends that that some type of education requirement be required. The notice requirement was discussed. The number of hives and lot sizes were discussed. MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-100, AMENDING THE ZONING CODE CONCERNING LIVESTOCK AND KENNELS, AND ALSO AMENDING THE ANIMALS CHAPTER OF THE GENERAL REGULATIONS OF THE CITY OF LAKE ELMO. Council Member Bloyer seconded the motion. Council Member Smith commended staff for the work done. Council Member Nelson stated he would like the number of chickens to start at 4 to be practical. Council Member Smith and Reeves would like to Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 2014 start with what the Planning Commission recommended. Council Member Bloyer is in favor of having higher number. MOTION TO AMEND 1: Council Member Nelson moved TO AMEND THE PROPOSED ORDINANCE TO ALLOW 4 CHICKENS STARTING ON HALF ACRE AND INCREASING BY 2 ANIMALS FOR EVERY HALF ACRE. Council Member Smith seconded the motion. MOTION PASSES 5-0. Council Member Bloyer does not want to create neighbor disputes by requiring the notice for larger properties. Possible changes were discussed. Consensus was to keep the notice, but not require protest hearing. MOTION TO AMEND 2: Council Member Nelson moved TO STRIKE SECTION 95.62(C)(1) & (2). Council Member Reeves seconded the motion. MOTION PASSES 5-0. MOTION TO AMEND 3: Mayor Pearson moved TO STRIKE THE NOTICE CONTEST FOR BEEKEEPING. Eliminating the bee notice and contest was discussed. City Attorney Snyder recommended that the City retain the option to hear the application. Mayor Pearson withdrew his motion. The setbacks for the chicken coops was discussed. Consensus was to lower setback to 20 feet. MOTION TO AMEND 4: Council Member Nelson moved TO AMEND SECTION 95.66(5) TO READ “20 FOOT SEPARATION” INSTEAD OF “100 FEET SEPARATION.” Council Member Smith seconded the motion. MOTION PASSES 5-0. MOTION TO AMEND 5: Mayor Pearson moved TO STRIKE CONDITION PROHIBITING THE BUTCHERING OF CHICKENS IN PUBLIC VIEW. Council Member Bloyer seconded the motion. The Mayor does not believe that this will be a problem and thinks it is too impractical to enforce. Mr. Bell noted that HOAs will have the opportunity to regulate livestock beyond the cities rules. City Administrator Zuleger noted that some religious practices will involve the slaughter of livestock and the city could face First Amendment challenges. MOTION PASSES 3-2 (NAY - Smith and Reeves). Lot sizes for bees was discussed. Consensus was to lower the bee minimum lot size to three-quarters of an acre. MOTION TO AMEND 6: Council Member Smith moved TO AMEND MINIMUM LOT SIZE FOR THE KEEPING OF BEES TO THREE-QUARTER OF AN ACRE. Council Member Nelson seconded the motion. MOTION PASSES 5-0. ORIGINAL MOTION PASSES 5-0. MOTION: Mayor Pearson moved TO APPROVE RESOLUTION 2014-12, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-100. Council Member Bloyer seconded the motion. MOTION PASSES 5-0. Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 2014 MOTION: Mayor Pearson moved TO APPROVE ORDINANCE 08-101, AN ORDINANCE AMENDING MUNICIPAL FEES. Council Member Smith seconded the motion. MOTION PASSES 5-0. ITEM 12: ZONING MAP AMENDMENT; ORD. 08-102 Community Development Director Klatt provided an overview of the zoning map amendment. The proposed zoning map amendment would be consistent with the Comprehensive Plan, and specifically, the future land use map for this area. The rezoning establishes the zoning regulations that will apply to the subdivision. Future developments will also go through this process. MOTION: Council Member Reeves moved TO ADOPT ORDINANCE 08-102, AMENDING THE LAKE ELMO ZONING MAP FOR THE AREA INCLUDED IN THE SAVONA PRELIMINARY PLAT. Council Member Bloyer seconded the motion. MOTION PASSES 5-0. ITEM 13: APPROVE LENNAR FINAL PLAT; RES. NO. 2014-13 Community Development Director Klatt provided an overview of the Savona final plat submission plat process history. He noted that there are revisions requested by staff regarding some of the construction plans. Mr. Klatt explained the 16 conditions of approval. Staff is recommending one additional condition (#16) requiring and affidavit from both all parties agreeing on the minor collector road alignment. Mayor Pearson asked about condition #16 and the road realignment. City Administrator Zuleger said there is an agreement, and the paperwork is being drafted. Condition #16 was agreeable to all parties. It was explained that Outlot A would be part of another phase Final Plat. Council Member Smith expressed her disappointment with proposed lot size. Her vision for this area was to include larger lots. Proposal has 4-5 houses per acre. The lots sizes and density were discussed. Council Member Reeves asked for confirmation that the proposal was compliant with comp plan. Mr. Klatt stated it was. Council Member Nelson asked about Durrow Family letter. Mr. Klatt explained that because of the stage the development was at, there are few options to vary from the proposed alignment. The preliminary plat included the road with a rough alignment. City staff had spoken to party previously. Ray Pruban, Amaris Custom Homes, 1017 Oak Bluff Circle, St Paul, spoke about road alignment issue. He has been working with Lennar and staff for about 10 months. Pleased to see that condition 16 is included. He noted that having the condition on only one party puts that party at a disadvantage. City Attorney Snyder noted that at some point there will be parties that are not pleased with road alignments. There is no obligation to provide optimal alignment for all parties, but City cannot deprive properties reasonable access. MOTION: Council Member Reeves moved TO ADOPT RESOLUTION NO. 2014-013 APPROVING THE FINAL PLAT FOR SAVONA. Council Member Nelson seconded the motion. Council Member Bloyer stated that he would rather have larger lots and less open space, but cannot have both when you have to develop. Council Member Reeves is pleased that it meets the land use plan. Consensus is that Council is glad to have this plan going forward. MOTION PASSES 4-1 (NAY - Smith). ITEM 14: AUAR - FEE SCHEDULE AMENDMENT; ORD. 08-103 Community Development Director Klatt provided an overview of proposed fee amendment. It is being imposed to recover costs incurred in developing the AUAR for the Village. Mr. Klatt explained the benefits for both the City and the landowners/developers. The proposed fee is $230 per REC for each Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 18, 2014 Council Member Reeves asked about the identified threat. Mr. Klatt said that it is unusual for the fee, but not the work. Mr. Reeves asked about the costs for each developer to do their own environmental study as opposed to paying the $230 per REC. Mr. Klatt said that it would be more cost beneficial to use the AUAR. Council Member Smith noted that at the time when the AUAR was being done (2005-2007), the MOU was in place and City was preparing for growth. City could not predict the development and market decline. Mayor Pearson noted that the Council has been accused of being “developer friendly”. He believes the Council’s recent actions regarding development have been very aggressive and responsible in dealing with development. This allows the City to recover past expenses. City Administrator Zuleger explained the repayment situation of the AUAR/Planning debt. Ms. Smith stated that the developers were not getting a free ride at that time. She asserted the developers were committed to repaying the City for the AUAR costs. Council Member Bloyer asked why the village was expected to develop sooner than I-94. Ms. Smith explained the rationale and the history. At the time, if all the units were placed along I94, the Village would never develop. The City took steps to keep the Village viable. Mr. Reeves expressed his preference to not re-litigate the history of I-94 versus Village. He does not feel that there is any benefit. Council Member Nelson stated that he wants is known that this Council is being cost conscious. MOTION: Council Member Nelson moved TO APPROVE ORDINANCE 08-103, AMENDING THE FEE SCHEDULE BY ADDING A FEE FOR THE VILLAGE AREA AUAR. Council Member Reeves seconded the motion. MOTION PASSES 5-0. SUMMARY REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: upcoming transportation open house on manning avenue realignment; workshop in March will deal with the downtown; met council will release the forecast on 2/19; PW doing a good job on winter maintenance (snow plowing); attended development meetings; presented the water bonding presentation shown to the State Senate Capital Improvement Tour. Meeting went very well. City Attorney Snyder: responding to routine staff requests and development issues. Community Development Director Klatt: upcoming eastern Village development meetings; will be working on accessory building amendments. City Engineer Griffin: no report other than written summary. Finance Director Bendel: attended Ehlers seminar on TIFs; Finance Committee met. Committee is finalizing assessor contract; DNR water consumption report; pay equity report. City Clerk Bell: reported chicken and bees applications will be available next week after publication of ordinance. Mayor Pearson adjourned the meeting at 10:01 pm. LAKE ELMO CITY COUNCIL ATTEST: ________________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk Page 6 of 6