Loading...
HomeMy WebLinkAbout06-05-2012 CCMLAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston, Council Members Emmons, Smith, Pearson, and Park. Also Present: City Administrator Zuleger, City Attorney Snyder, City Engineer Griffin, Assistant City Engineer Stempski, City Planner Johnson, City Clerk Thone, and Finance Director Bendel. APPROVAL OF AGENDA: Council Member Smith asked that the Reports Section be moved to the end of the council meeting. She expressed most residents attend the meeting for specific items on the agenda and moving this would save them from having to wait through sometimes lengthy reports. She noted two council members requested movement of the Reports Section to the end of the meeting’s agenda. Mayor Johnston stated that the council had moved the Reports Section previously to where it is currently by specific action of the council. He disagreed with changing that motion since the item was not on this week’s agenda. He noted he was in support of retaining the Reports Section at the beginning of the agenda and suggested the matter be placed on next meeting’s city council agenda. Council Member Smith noted two council members requested movement of the Reports Section to the end of the meeting’s agenda and therefore it should have been included in this evening agenda. City Administrator Zuleger confirmed that the request had been made and he was intending to seek council’s direction prior to placing it on the next council agenda. MOTION: Council Member Pearson moved to approve the June 5, 2012 City Council Agenda as presented. Council Member Emmons seconded the motion. The motion passed 5-0. ACCEPTED MINUTES: 1. The May 15, 2012 City Council minutes were accepted as presented by consensus of the City Council. 2. The May 29, 2012 City Council minutes were accepted as presented by consensus of the City Council. PUBLIC COMMENTS/INQUIRIES: PRESENTATIONS: EMPLOYEE QUALITY STAR RECOGNITION: City Administrator Zuleger presented recognition awards to three staff members for exemplary service in a culture of performance: Nick Johnson for his work on the Village sewer survey, MN Greensteps, and Hwy 5 landscaping; Carole Luczak for her swift and calm response in reestablishing phone service for the city in a recent system failure; Mary Cummings for her guidance, wisdom, expertise, and patience during the transition from the Washington County library system to establishing a new City library. LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Page 2 of 6 GLORIA KNOBLAUCH PROCLAMATION PRESENTATION BY MAYOR JOHNSTON Mayor Johnston read the Proclamation honoring Gloria Knoblauch for her contributions and dedication to the City, proclaiming July 12, 2012, Gloria Knoblauch Day. Gloria’s husband was in attendance and was presented with the proclamation. REPORTS: Council Member Smith requested that Reports and Announcements be moved to the end of the meeting rather than the beginning stating residents normally attend council meetings for specific items on the agenda. City Administrator Zuleger requested council direction to place this item on the June 19, 2012 council meeting. Council Member Emmons suggested either limiting the time frame if the item remains at the beginning or move it to the end if we are unable or unwilling to limit the time. Mayor Johnston expressed his view that if it were moved to the end, the Report section would prove to be less than informative than at the beginning. Council Member Pearson expressed he would agree the meetings may be more productive if we move it towards the end of the meeting. Council Member Park concurred she was fine with moving it to the end of the meeting so that council meeting attendees may not have to sit through the lengthy report section. Council Member Smith moved to change the agenda by moving the Report Section to the end of the agenda. Council Member Pearson seconded the motion. The motion passed 3-1, Johnston Nay, Emmons Abstain. CONSENT AGENDA: MOTION: Council Member Pearson moved to approve the Consent Agenda as presented. Council Member Emmons seconded the motion. The motion passed 5-0 . 3. Approve Payment of Disbursements and Payroll in the amount of $353,288.27 4. Resolution 2012-23 Approve Removal of Assessments from 2012 File with Washington County 5. Approve Administrative Position Descriptions 6. Resolution 2012-26 Adopting Purchasing Policy 7. Well No. 2 Chlorination System Addition – Accept Improvements and Approve Final Contractor Payments 8. Resolution 2012-24 2012 Street and Water Quality Improvements – Approve Plans and Specifications and Order Advertisements for Bids 9. Resolution 2012-25 2012 Seal Coat Project – Accept Bids and Award Contract 10. Proclamation Recognizing Gloria Knoblauch REGULAR AGENDA: ITEM 11: ORDINANCE 2012-58 CITY CODE AMENDMENT PERTAINING TO WATERCRAFT AND WATER SURFACE REGULATIONS AND PROHIBITED STRUCTURES AND USES City Administrator Zuleger reported to the council that Water Surface Use Regulations was a project undertaken several months previously and he was requesting council to advise him regarding completion of the ordinance. He noted that since the 2011 council approval of the ordinance, it was found that any surface water use regulations LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Page 3 of 6 must be reviewed by the DNR. The ordinance on tonight’s agenda is a result of multiple reviews by the responsible DNR member. Mayor Johnston noted that the DNR proposed numerous additions and changes to the ordinance that the council had approved in 2011, including a prohibition of boating movements within 150 feet of shoreland versus the 100 feet the council approved in 2011, and a change in a method to determine the lake level at which no-wake provisions would go into effect. Council Member Smith stated she believes that the specified 929.7 feet above sea level adequately protects the shoreland and she prefers that specification to the DNR specification of so many feet over the OHW mark. Justin Bloyer of 8881 Jane Road addressed the council and expressed his desire to see action on this ordinance tonight. He suggested to council that they amend both the ordinary high water mark and the safe operating distance. Patrick Dean of Hill Trail North requested that homeowners be notified when/if something would be proposed for the lakes. He said the council had adopted the ordinance November 1, 2011, changing the OHW from 930 feet to 929.7 feet and to five consecutive days. The 150 foot restriction would be impossible as it would create dead zones, and it would be catastrophic for owners of this ‘bounce’ lake which requires unique treatment. Council Member Emmons concurred with Mr. Dean’s comments regarding the 929.7 feet OHW mark, and that the 150 feet setback would be unacceptable. City Administrator Zuleger confirmed the council direction to meet with the DNR and city Attorney Snyder in revising the ordinance proposal and bring it back for council approval. In addition he stated City Staff will notify lake shore owners in the future regarding council action regarding Water Surface Use Regulations. Terry Bozak of 8110 Demontreville Trail commented that the lake community was not notified of these proposed ordinance changes; that he appreciated the hard work of the council last year and stressed lake resident notification for any major changes. Roger Johnson of 8048 Hill Trail, V.P. of the Lakes Demontreville and Olsen Association stated he was thankful for the regulation regarding the no-wake zone and approved of the 929.7 specification. Based on DNR Statutory authority, City Administrator Zuleger suggested the council reaffirm Ordinance 08-50. Council Member Smith inquired about the need to reaffirm an adopted ordinance. City Administrator Zuleger and Attorney Snyder will meet with the DNR to review the suggested DNR changes to determine which changes are mandatory and which are merely suggested. MOTION: Council Member Pearson moved to reaffirm Ordinance 08-50 dated November 2011. Council Member Emmons seconded the motion. The motion passed 5-0. *moved item 14 forward in the agenda ITEM 14: CEDAR PET CLINIC PARKING AUTHORIZATION LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Page 4 of 6 City Planner Johnson presented the parking lot expansion request submitted by the Cedar Pet Clinic, noting the site plan was approved as part of the original Conditional Use Permit in 2006 for the parking lot. He explained the parking design differs but it does not add impervious surface. Nick shared photographs of the site, which is the southwestern corner of the lot. Dr. Bailey was present in the audience for additional questions. Staff recommended the council approve the parking additions in compliance with Ordinance 2006-084. Council Member Smith commented that all parking would be in the back of the building. MOTION: Council Member Smith moved to approve the six new parking spots at 11501 Stillwater Blvd. for Cedar Pet Clinic Parking Authorization. Council Member Pearson seconded the motion. The motion passed 5-0. ITEM 12: ORDINANCE 2012-59 ILLICIT DISCHARGE AND CONNECTION AND RESOLUTION 2012-22 APPROVING SUMMARY PUBLICATION City Engineer Griffin requested the council consider approving the illicit discharge and connection ordinance. He stated this is mandatory as a part of the MPCA approved permit establishing conditions for discharging storm water. The adopted Municipal Separate Storm Sewer System (MS4) Permit is a 5-year program, already adopted by the City, and regulates discharge. The ordinance establishes legal authority to prohibit illicit discharge. MOTION: Council Member Emmons moved to approve Ordinance 2012-59 Adopting Regulations to Govern Illicit Discharge and Connection in the City of Lake Elmo, and moved to approve Resolution 2012-22 Approving Summary Publication. Council Member Smith seconded both motions. The motions both passed 5-0. ITEM 13: MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT – ANNUAL PUBLIC MEETING AND ACCEPT THE 2011 MS4 ANNUAL REPORT City Engineer Griffin requested council to conduct the Annual Public Meeting required by the MS4 Permit, and receive public input. Assistant City Engineer Stempski presented the highlights of the program. The annual report is submitted to the MPCA by June 30, 2012. The city continues to monitor and enforce erosion control measures to minimize storm sewer runoff and establishing rain gardens. City Engineer Griffin explained several key factors on the stormwater front including significant changes occurring in the implementation process. He noted that the city has been in the maintenance mode the past few years, but will have to move into the action mode in the near future. City Engineer Griffin explained that part of this new permit may prohibit a coal based sealant to reduce the chance of these chemicals in our storm water. He reported that new rules will likely require TMDL studies (total maximum daily loads) studies. He will be observing closely how this may affect the city. Council Member Pearson inquired as to who is responsible for HOA ponds. City Engineer Griffin stated that has not been determined yet. Council Member Emmons expressed Lake Elmo does not have as many traditional storm water issues as other cities. Public Hearing Opened at 8:25 p.m. No comments were received. Public Hearing Closed at 8:26 p.m. LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Page 5 of 6 MOTION: Council Member Smith moved to approve the Municipal Separate Storm Sewer System (MS4) Permit – Annual Public Meeting and Accept the 2011 MS4 Annual Report. Council Member Park seconded the motion. The motion passed 5-0. ITEM 15: DISCUSSION OF LAKE ELMO/WASHINGTON COUNTY SHERIFF’S DEPARTMENT – COVERAGE CONTRACT PROPOSAL City Administrator Zuleger explained he has been meeting with Sheriff Hutton regularly to discuss the county sheriff’s department coverage contract with the community of Landfall which will provide a ‘power car’ that will also provide additional coverage for the City of Lake Elmo. City Administrator Zuleger explained in detail how the agreement would positively affect the city. He also noted there was additional discussion about the humane services for the city. Council Member Smith inquired whether we could look into alternatives for dog catching services in the community to which City Administrator Zuleger concurred staff would seek alternatives and bring a cost-recovery program at a future meeting. ITEM I: SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Emmons expressed his appreciation for the great city wide event and the fantastic turn out at the planting. He attended a Metropolitan Council Land Use Advisory Committee and stated they were backing down from overall growth projections with a timeline looking at being finalized in late 2013, and that households were comprised of smaller numbers of people per household; grant money would be available if it was consistent with the City’s Comprehensive Plan; and mentioned the rain gardens tour of the city. Council Member Smith expressed her appreciation for City Administrator Zuleger’s weekly summary, City Engineer Griffin’s engineering summary, stated she enjoyed a family lake trip to Lake Jane, and was working on the Fall Festival plans with City Administrator Zuleger, Chief Malmquist and the Rotary for September 7 and 8, 2012 and is actively looking for volunteers; she expressed her appreciation for the perking up of City Hall. Council Member Pearson reported he attended and appreciated the city’s customer service training organized by City Clerk Thone, and inquired about the possibility of renting out the Art Center Building either for meetings or as a home and discussion of the topic ensued. Council Member Park had nothing to report. Mayor Johnston reported he attended the Gateway Corridor Policy Advisory meeting and stated if the city is serious about a Park and Ride we need to talk with the county/representative to come up with the funding; he met with City Administrator Zuleger and the Rotary regarding obtaining funding for the city demonstration grant; he attended the city customer service training; participated in the tree planting this weekend; attended the open house at the Prairie Ridge office park, attended a planning and zoning meeting to learn more about community treatment systems; and attended a Metro Cities policy meeting and stated they are looking for committee members; attended a GEARS meeting about allocation of the quarter percent sales tax; met with Oak Park Heights Council Member McComber regarding the $300,000 grant received to study issues along Highway 36 to move utilities and suggested we might work together on a plan for the Highway 36 Corridor. LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Page 6 of 6 City Administrator Zuleger reported he has been quite active with staff regarding growth issues and we will be receiving a rate study from Northland Securities about rate study regarding water extensions; is planning an EDA workshop for July; attended Village walk-thru about theming I-94 and the Village areas; working on a matrix about challenges and impediments to growth; attended a MAA meeting and learned about grants for senior community initiatives; he noted the following upcoming meetings: transportation workshop on June 14th from 6-8pm at Wildwood Lodge with 77 businesses for a business roundtable; a June 21st HOA meeting regarding the bike and pedestrian trail plan from 6-8pm, a demonstration project on-going with LED lighting is hoping for a July 4th unveiling; and finally a library building agreement; Public Works staff attended a lean training session; City Hall is in the midst of a transition and thanked everyone, especially the Public Works staff, for their hard work. City Attorney Snyder reported he reviewed the purchase agreement for the library property; prepared development agreement with Christ Lutheran Church; handled internal administrative matters; and pending litigation subject to attorney/client privilege. City Engineer Griffin reported the 2012 streets project was going out for bids; there will be no center landscape islands; flat grades and utilizing additional concrete curb and gutter to assist with water flow. City Planner Johnson thanked Public Works staff, Hagbergs and Lake Elmo Bank and all the volunteers for assisting with the landscaping project; Natural Systems Utilities regarding wastewater treatment plans and septic systems available; petition received for a grading permit at 9242 Hudson Blvd. related to Summit Board Shop; Village workgroup meeting the week of June 18th; work ongoing with MN land trust, conservation easement and streetscape. Finance Director Bendel reported the audit draft is expected late this week, expects to have the final by July 3, budget worksheets ready next week, reviewing inventory records, and consumer confidence report will be mailed with the water bills next week. ADJOURN: The meeting adjourned at 8:57 p.m. LAKE ELMO CITY COUNCIL _______________________________________ Dean A. Johnston, Mayor ______________________________________ Sandie Thone, City Clerk