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HomeMy WebLinkAbout05-15-2012 CCMLAKE ELMO CITY COUNCIL MINUTES MAY 15, 2012 Page 1 of 7 City of Lake Elmo City Council Minutes May 15, 2012 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston, Council Members Emmons, Smith, and Pearson, Council Member Park joined the meeting during the staff and council reports section. Also Present: City Administrator Zuleger, Attorney Snyder, Planning Director Klatt, City Clerk Thone, and Finance Director Bendel. APPROVAL OF AGENDA: MOTION: Council Member Pearson moved to approve the May 15, 2012 City Council Agenda as presented. Council Member Emmons seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: The May 1, 2012 City Council Minutes were accepted as presented by consensus of the City Council. PUBLIC COMMENTS/INQUIRIES: There were no public comments. REPORTS: Council Member Smith reported she attended along with City Administrator Zuleger a very positive meeting with Damon Farber regarding the proposed landscape plan for the Village area. She thanked all of the teams that had worked so hard to bring the project along to this point and stated it was exciting to the see the plan realized to this degree. Council Member Pearson reported he had attended the quarterly investor’s meeting with Greater MSP and expressed his appreciation for the organization. Mayor Johnston reported he attended a meeting with the Washington County Transportation staff with regard to the Lake Elmo park and ride sites, attended a Village work group meeting, attended the quarterly investors meeting with Administrator Zuleger and Council Member Pearson with Greater MSP regarding bringing jobs to Lake Elmo, and met with staff and a Lake Elmo resident concerning energy conservation. Mayor Johnston expressed sadness on behalf of the city council, commissions and staff on the passing of Gloria Knoblauch. Mayor Johnston asked the city to consider a ‘Gloria Knoblauch Day’ in honoring the woman who gave much time and energy to the City of Lake Elmo. He attended the Gateway Corridor meeting and stated that Lake Elmo’s request for consideration for the park and ride location was favorable, he attended along with Council Member Smith the annual Lake Elmo Fire Department recognition, met with Two Rivers housing which supports housing for people with disabilities, attended the Regional Council of Mayors meeting where one speaker touted the best way to bring jobs to a community is by focusing on higher education and attended the Washington County Memorial Day Ceremony honoring 150 fallen law enforcement officers who were tragically killed in the line of duty in the past year. LAKE ELMO CITY COUNCIL MINUTES MAY 15, 2012 Page 2 of 7 City Administrator Zuleger reported on specific progress points on the accountability schedule provided to the city council by staff, displayed the new ‘we missed you’ postcards and explained the cards will be used by city staff in the field as we aim to improve our taxpayer service, he reported work on the new website is nearing completion, and added much energy and development continues for the Village project and explained plans in the development stages for a visual project depicting the Village that will be forthcoming, and expounded that work continues on process improvement and lean government which is set to include training planned for next week with the Public Works department on street patching and snow plowing processes. City Clerk Thone reported customer service/taxpayer service training will be held the following Wednesday, May 23, 2012 for city staff and city council members. She expressed the value and benefits of the training. Council Member Smith thanked Thone for her initiative in opening up the reception area of City Hall to foster a more inviting lobby for city hall patrons. City Attorney Snyder reported their review of the watercraft ordinance was complete, a scheduling order in the detachment proceeding was received, and at the direction of council samples of personnel policies were forwarded to staff for use and review as they work on revising the city’s personnel policy internally. Planning Director Klatt reported work on the Village project included discussions this week on transfer development rights, he attended a meeting by MnDOT on corridor investment strategies, the Planning Commission reviewed an illicit discharge ordinance drafted by city engineers and the full report will be forthcoming, and reminded all who would like to volunteer to attend the MnDOT partnership planting on Saturday, June 2, 2012 to please meet at 9 a.m. at the Lake Elmo Bank parking lot. Finance Director Bendel reported all went well with the audit last week and they expect to have the draft management letter by next week, the workers compensation audit this week went well and they are awaiting a final true-up bill for 2011 workers compensation. CONSENT AGENDA: MOTION: Council Member Emmons moved to approve the Consent Agenda as presented. Council Member Smith seconded the motion. The motion passed 5-0. 2) Approve Payment of Disbursements and Payroll in the amount of $115,370.67 3) Approve a Temporary Liquor License – Team Ortho Foundation/Go Commando Adventure Race 4) Approve a Special Event Permit - Team Ortho Foundation/Go Commando Adventure Race 5) City Hall Facilities Improvement 6) Affirm Hiring of Nicholas Johnson as City Planner 7) Authorization to Participate in the Minnesota GreenStep Cities Program REGULAR AGENDA: ITEM 8: PARKS COMMISSION APPOINTMENT The City Council conducted an interview with Shane Weis for second alternate on the Parks Commission. Council Member Emmons cited Weis’s positive energy as a good fit for the Parks Commission. MOTION: Council Member Smith moved to approve Shane Weis as Second Alternate on the Parks Commission. Council Member Emmons seconded the motion. The motion passed 5-0. ITEM 9: OAKDALE GUN CLUB CONDITIONAL USE PERMIT AMENDMENT LAKE ELMO CITY COUNCIL MINUTES MAY 15, 2012 Page 3 of 7 Planning Director Klatt explained the Oakdale Gun Club would like to amend its conditional use permit to include adding cement side walls and overhead baffling on several existing gun ranges on the facility. He explained the portions of the gun club property that would be affected by the changes, stated this would not be an extension of the property, gave an overview of the history of the property and stated this amendment was within state statutes and the planning commission felt this amendment would improve safety and noise concerns. The Planning Commission recommended approval of the CUP with six conditions of approval. Condition number six was added by the Planning Commission and included the planting of conifer trees in the general vicinity of the entrance to the site. The Planning Commission held a public hearing with only one comment regarding whether the structures would be seen from the street/other properties. Mayor Johnston and Council Member Smith raised concerns regarding condition number six. City Administrator Zuleger explained the Gun Club’s request appears to meet the mitigation clause. Council Member Emmons inquired whether the walls would have an impact on sound abatement. Oakdale Gun Club President Stan Durda approached the council and asked the council to eliminate condition number six for two reasons 1) The ranges are out of view from the street 2) In efforts to reduce the sound signature of OGC, which is currently well under state standards, a review revealed trees do not stop or impact sound and may even amplify sound. Oakdale Gun Club Construction Manager Rusty Williams presented a photographic study of the Gun Club property to show the irrelevance and therefore cost ineffectiveness of adding trees for additional screening. He reviewed all conditions of the amendment agreement. Council Member Emmons inquired whether staff had the chance to review the property/photographs with reference to condition number six. City Administrator Zuleger stated he had viewed the property and recommended removing condition number six of the agreement. Council Member Smith commended the preparation of the representatives of the Oakdale Gun Club and expressed her support. MOTION: Council Member Park moved to approve a Resolution Approving a Request to Amend the Conditional Use Permit for Oakdale Gun Club to Allow the Construction of Cementitous Sidewalls and Overhead Baffling on Several of the Existing Gun Ranges Within the Facility Striking Condition Six from the Resolution. Council Member Pearson seconded the motion. The motion passed 5-0. ITEM 10: CHRIST LUTHERAN CHURCH SEPTIC SYSTEM VARIANCE FOR HOLDING TANKS Planning Director Klatt explained Christ Lutheran Church had submitted a variance to install three holding tanks with a capacity of 1500 gallons each for more than the twelve months allowed by county code which the city adopted as reference. It was determined that the existing system is not compliant. The Planning Commission held a public hearing and recommends approval of the variance with one condition; that the church enter into an agreement with the City to connect to public sewer within six months of its availability. He explained staff originally recommended two conditions be included into the agreement which included; the church waiving their right to appeal the assessment for the extension of the municipal sanitary sewer and to submit copies of septic pumping records. Mayor Johnston noted the holding tanks would be advantageous to the current system from an environmental standpoint. City Attorney Snyder noted the staff recommendation for the church to waive the right to appeal their assessment may not be properly suited to the variance application and questioned whether the city could even require this condition. Council Member Emmons asked City Attorney Snyder to revise the language to capture the condition that when improvements do come the assessment will be provided for in a short form assessment agreement between the Church and the City. MOTION: Council Member Emmons moved to approve a Resolution Approving a Variance to Allow the Use of Holding Tanks for Longer than 12 Months for Christ Lutheran Church at 11194 36th Street North with one condition recommended by the Planning Commission and the additional two conditions recommended by staff; LAKE ELMO CITY COUNCIL MINUTES MAY 15, 2012 Page 4 of 7 1) Agreement with the city waiving a right to the assessment for the extension of municipal sanitary sewer 2) Submission of septic tank pumping records - added to the agreement with the understanding the first condition language will be revised by the City Attorney and will include the condition of a short form assessment agreement between the City and the Church. Council Member Smith seconded the motion. The motion passed 5-0. ITEM 11: ADOPTION OF LAKE ELMO MISSION STATEMENT, VISION STATEMENT AND STATEMENT OF VAL UES PER APRIL 2012 COUNCIL/STAFF RETREAT City Administrator Zuleger presented the results from the April staff and council retreat on the work the group did regarding the city’s mission statement, vision statement and statement of values. He explained first on the agenda was to determine the best mission statement coming out of the session and expressed the mission statement basically states ‘what we are, what we do, what we strive to accomplish’ and presented the two alternatives from the session: 1) Our mission is to provide quality public services in a fiscally responsible manner while preserving the city’s open space character. 2) Our mission is to provide quality public services to our residents and businesses while preserving the character of Lake Elmo. He stated Consultant and Facilitator Don Salverda’s recommendation was mission statement number one as he felt it captured universally what the City aimed to accomplish. Council Member Smith and Mayor Johnston concurred with the recommendation. MOTION: Council Member Smith moved to Approve Lake Elmo’s Mission Statement (1) ‘Our mission is to provide quality public services in a fiscally responsible manner while preserving the city’s open space character.’ Mayor Johnston seconded the motion. The motion passed 5-0. City Administrator Zuleger explained second on the agenda was to determine the best vision statement coming out of the session and expressed the vision statement is ‘what we aspire to be’ and presented the two alternatives from the session: 1) The City of Lake Elmo commits to building on its heritage, while enhancing a high quality of life for all its citizens. We pledge to work in partnership with our residents and businesses to foster community pride, to develop a vibrant, diversified economy, to plan for the future, and to preserve and enhance our open space environment. 2) The City will be recognized among municipalities across the state for a strong sense of community, embracing and expertly planning and executing a vibrant and unique future growth while maintaining our open space character. He stated Consultant and Facilitator Don Salverda’s recommendation was mission statement number two as he felt it was the more succinct of the two options. Council Member Park and Mayor Johnston concurred with the recommendation on option two. Council Members Smith, Pearson and Emmons supported option number one. Further discussion resulted in the following motion with one small revision adding ‘natural and’ to the vision statement. MOTION: Council Member Smith moved to Approve Lake Elmo’s Vision Statement (1) ‘The City of Lake Elmo commits to building on its heritage, while enhancing a high quality of life for all its citizens. We pledge to work LAKE ELMO CITY COUNCIL MINUTES MAY 15, 2012 Page 5 of 7 in partnership with our residents and businesses to foster community pride, to develop a vibrant, diversified economy, to plan for the future, and to preserve and enhance our “natural and” open space environment.’ Council Member Pearson seconded the motion. The motion passed 5-0. City Administrator Zuleger explained third on the agenda was to determine the values statement coming out of the session and expressed the values statement is ‘what we believe’ and should be comprised of council and staff’s fundamental values and what we aim for on a day-to-day basis. He presented the seven values resulting from the session and added an additional statement (number eight) of value to consider: 1) Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost effective manner. 2) Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds are essential for citizen confidence in government. 3) Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. 4) Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and plan for the future. 5) Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and fosters a positive working environment for employees. 6) Respect for the Individual We believe that citizens we serve are to be treated with courtesy and respect and deserve the best services the city can provide. 7) Professionalism We believe that continuous improvement is the mark of professionalism and we are committed to applying this principle to the services we offer and the development of our employees. 8) Thoughtful Community Building We believe in the development of our community through thoughtful, careful planning that is communicated in a positive manner that builds up rather than tears down the process. Discussion was had by the city council regarding the value statements. Recommendations were made by City Administrator Zuleger to move numbers three and four to number one and two for the final draft. MOTION: Council Member Smith moved to Approve Lake Elmo’s Proposed Values Statement as amended; moving statement number three and four to one and two, adding value statement number eight and amending the language on statement numbers two, four and eight as stated below. Council Member Park seconded the motion. The motion passed 5-0. 1) Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. 2) Visionary Leadership and Planning We believe that the very essence of leadership is to be visionary and innovative while planning for the future. 3) Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional, cost effective manner. 4) Fiscal Responsibility LAKE ELMO CITY COUNCIL MINUTES MAY 15, 2012 Page 6 of 7 We believe that fiscal responsibility and the prudent stewardship of public funds, both short term and long term, are essential for citizen confidence in government. 5) Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and fosters a positive working environment for employees. 6) Respect for the Individual We believe that citizens we serve are to be treated with courtesy and respect and deserve the best services the city can provide. 7) Professionalism We believe that continuous improvement is the mark of professionalism and we are committed to applying this principle to the services we offer and the development of our employees. 8) Thoughtful Community Building We believe in the development of our community through thoughtful, careful planning that is communicated in a positive manner that enhances the process. ITEM 12: SURFACE WATER UTILITY FEE APPEAL PROCESS/CREDIT POLICY City Administrator Zuleger explained the need has been discussed to create a formal appeal process and equitable credit policy for the city’s surface water utility fee schedule. He stated with input from the finance director, and after careful review of the surface water utility account, staff has crafted an ordinance based on the March 2012 direction of the council amending Section 53.04 of the Lake Elmo City Code pertaining to surface water management fee adjustment credit. He explained in detail the ordinance amendment, the unattended balances needing a formal review process, and specifically addressed the rain garden maintenance and specifications of the credit appeal process and the benefits. Council Members expressed their appreciation for City Administrator Zuleger addressing these concerns, his commitment and time spent with the residents and his work in bringing to fruition the ordinance amendment and new policy. MOTION: Council Member Pearson moved to Approve an Ordinance Amending Section 53.04 of the Lake Elmo City Code Pertaining to Surface Water Management Fee Adjustment Credit. Council Member Smith seconded the motion. The motion passed 5-0. ITEM 13: DISCUSSION OF LIBRARY FINANCING City Administrator Zuleger explained that last year when the city council made the decision to create a local library, staff was tasked with securing a building for the facility and securing the financing options for the purchase/lease. On May 9, 2012 the Library Board approved to pay back the funds in acquiring the building located at 3537 Lake Elmo Avenue North for use by the library within a two-year time period, by December of 2013. City Administrator Zuleger stated staff is recommending the council ratify the Lake Elmo Library Board motion to repay the City for facility bond funds used to purchase 3537 Lake Elmo Avenue North over a two year period by December 2013 to ensure the library has a place to conduct its business. The City will receive additional simple interest in the principal funds calculated by the LIBOR rate on the date of the purchase. Concerns were raised by Council Member Smith about whether the city would put something in place in the way of consequences or a penalty to ensure the city is paid back by the Library Board. Council Member Pearson stated the city has options to keep the board accountable to the agreement. City Attorney Snyder stated the council sets the library budget and has ultimate authority over the library’s budget. Mayor Johnston cited this fact in his support of the motion. MOTION: Council Member Pearson moved to Ratify the Lake Elmo Library Board motion to repay (using the allocated library levy) the City of Lake Elmo for facility bond funds used to purchase 3537 Lake Elmo Avenue North over a two year period by December 2013. The City of Lake Elmo will receive additional simple interest LAKE ELMO CITY COUNCIL MINUTES MAY 15, 2012 Page 7 of 7 on the principal funds calculated by the LIBOR rate on the date of purchase. Mayor Johnston seconded the motion. The motion passed 4-1. Council Member Smith: Nay The meeting adjourned at 9:06 p.m. to Closed Session per MN State Statute 13D.05 to discuss the potential purchase of real estate located at 3537 Lake Elmo Avenue. Present at the closed session were Mayor Johnston, Council Members Emmons, Smith, Pearson and Park, City Attorney Snyder, Finance Director Bendel, City Clerk Thone and City Administrator Zuleger. The closed session adjourned and the open session resumed at 9:28 p.m. Mayor Johnston reported the direction from city council was for City Administrator Zuleger to continue to work with the realtor on the purchase of 3537 Lake Elmo Avenue and provided specifics on terms and purchase price. The meeting adjourned at 9:30 p.m. Respectfully submitted by Sandie Thone, City Clerk