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HomeMy WebLinkAbout10-16-2012 CCM LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Page 1 of 7 CITY OF LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 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, Finance Director Bendel, Planning Director Klatt, and City Clerk Thone. APPROVAL OF AGENDA MOTION: Council Member Emmons moved to approve the October 16, 2012 City Council Agenda as presented. Council Member Pearson seconded the motion. Motion passed 5-0. ACCEPT MINUTES ITEM 1: THE OCTOBER 2, 2012 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. PUBLIC COMMENTS/INQUIRIES: Tony Hernandez – Candidate for U.S. House of Representatives, 4th Congressional District, spoke to the council about his campaign. After providing a brief summary of his personal and professional background, he presented his position on several issues and expressed his desire to go to Washington, DC and work for Minnesota families. Mr. Hernandez gave an overview of the new district boundaries, and answered a question from the mayor on his approach to funding local infrastructure improvements. Dave Moore, 8680 Stillwater Boulevard, spoke on the Keats Avenue Street and Watermain improvements topic. He asserted that the city’s water problems were due to the 3M litigation. He inquired why about five years ago the city attorney at the time was instructed that the matter would be “handled in-house.” He also noted that all the proceeding are of record and expressed his displeasure with the way the issue has been handled. PRESENTATIONS: QUALITY STAR RECOGNITION – Mark Duddeck City Administrator Zuleger presented the Quality Star Award to Mark Duddeck of Lake Elmo Public Works. Mr. Zuleger explained the purpose of the award is to recognize those in the city and community who go above and beyond. He expressed appreciation for Mark’s commitment to the City of Lake Elmo. CONSENT AGENDA 2. Accept Financial Report dated September 30, 2012 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Page 2 of 7 3. Accept Building Permit Report dated September 30, 2012 4. Approve Payment of Disbursements and Payroll of $589,321.72 5. Resolution 2012-52 Approving City Elected Official and Appointed Board/Commission Members’ Code of Conduct Policy 6. 2012 Street and Water Quality Improvements – Change Order 1 7. 2012 Street and Water Quality Improvements – Pay Request 2 8. Approval of HVAC System for Annex and Maintenance Agreement for City Facilities MOTION: Council Member Pearson moved to approve the Consent Agenda as presented. Council Member Park seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 9: APPROVAL OF DAMON FARBER & ASSOCIATES PLANNING/THEMING AGREEMENT City Administrator Zuleger explained that a key component in the land use planning process is creating a synergy or “theme” between the three distinct planning areas within the City of Lake Elmo – the open space areas, the Old Village, and the I-94 corridor. Achieving a common theme that reflects the open space character/nature of Lake Elmo is one way to achieve and maintain a cohesive, unified community. Earlier this month, Damon Farber & Associates, an award-winning landscape architecture/planning and design firm, met with the Old Village Workgroup to determine the suitability of purpose/fit and the following week provided a pro bono consultation on a walk-through of the Old Village. It was noted that City Administrator Zuleger has worked with Damon Farber & Associates in the past with great success during his tenure in Weston, WI. A discussion was had over the cost of the planning/theming work. Council directed staff to recoup the $27,500 in theming costs when future development takes place. MOTION: Council Member Smith moved to approve the AGREEMENT TO COMMISSION DAMON FARBER & ASSOCIATES TO PERFORM WORK ON PLANNING/THEMING. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 10: CONDITIONAL USE PERMIT APPROVAL FOR THERAPEUTIC MASSAGE AT 11200 STILLWATER BOULEVARD Planning Director Klatt provided an overview of the conditional use permit application by Mr. Aaron Koen for therapeutic massage at 11200 Stillwater Boulevard. Under current zoning ordinances, therapeutic massage is allowed as a conditional use in the General Business (GB) zoning district. Mr. Klatt explained the CUP evaluation process, which includes: 1. Effects on the health, safety, morals, convenience, or general welfare of surrounding lands; 2. Traffic and parking conditions; 3. Effects on utility and school capacities; 4. Effect on property values of the surrounding lands; and 5. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Page 3 of 7 Effect of the proposed use on the Comprehensive Plan. After evaluation of the proposed use against these criteria, Staff determined that all criteria were met. It was explained that staff believes a licensing approach for therapeutic massage regulation would be more appropriate than through the conditional use permit process. A licensing structure would allow the city to attain the desired level of regulation to ensure community safeguards and quality local business practices. A public hearing is scheduled for November 14th to discuss the zoning text amendment. Discussion was had over whether to grant the CUP versus waiting until the licensing structure was in place. Mr. Klatt noted that the applicant chose to go thru CUP process instead of waiting for the license process was implemented because he wanted the business operational as soon as possible. The date when a licensing structure would be ready is not yet known. Because the applicant has already gone through the CUP process, Council determined that it would be reasonable to waive the initial annual licensing fees when the licensing structure exists. MOTION: Council Member Smith moved to APPROVE RESOLUTION 2012-53 PERMITTING THE CONDITIONAL USE PERMIT AS AMENDED TO INCLUDE THAT THE BUSINESS OWNER WILL OBTAIN A MASSAGE LICENSE WHEN THE ORDINANCE TAKES EFFECT OR PROCESS BECOMES AVAILABLE AND THAT THE FEES WILL BE WAIVED FOR THE INITIAL ANNUAL LICENSING PROCESS. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 11: RESOLUTION 2012-54 APPROVING THE LAKE ELMO EMPLOYEE HANDBOOK. City Administrator Zuleger highlighted some of the notable changes to the 2004 document: Columbus Day has been removed as a holiday; compensatory time has been changed to require use and minimize staff shortage; overtime and call in time have been narrowly defined to mitigate abuse; a code of conduct has been adopted to improve professionalism; standard operating policies in the area of decorum and personal welfare have been defined; the Lake Elmo benefit package is defined and eligibility qualified; and a performance review and progressive discipline process has been developed. A comprehensive HIPAA policy also was added. It was pointed out that the handbook would be brought to the council one or two times per year for updates and review. Mr. Zuleger explained that the document was reviewed and approved by the City Attorney. He also noted that one purpose for the new handbook is to provide employees clear expectation for reviews. A discussion was had where Mr. Zuleger explained why some of the changes were made, including holidays, overtime, and compensatory time. He also stated his preference for defined vacation, sick, and holiday time as opposed to paid time off. Mr. Zuleger noted that upon adoption, this handbook and its policies will become effective immediately. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Page 4 of 7 MOTION: Council Member Smith moved to approve RESOLUTION 2012-54 APPROVING THE CITY OF LAKE ELMO EMPLOYEE HANDBOOK EFFECTIVE OCTOBER 17, 2012 AS THE BASELINE PERSONNEL POLICY OF THE MUNICIPALITY. FURTHER, THE CITY COUNCIL AFFIRMS THAT THE EMPLOYEE HANDBOOK BE REVIEWED AND MODIFIED AS NEEDED, BUT NO LESS THAN (1X) PER YEAR, TO KEEP THE DOCUMENT RELEVANT AND COMPLIANT. Council Member Park seconded the motion. MOTION PASSED 5-0. NEW BUSINESS C. LIBRARY UPDATE 1. Library Board Applications City Administrator Zuleger explained that former librarian Olivia Moris had resigned for reasons including the low number of available hours. Mr. Zuleger reported that there were three applicants for the two vacant board positions and one alternate position. The openings were advertised on the city’s website, Facebook, and the Oakdale-Lake Elmo Review. Because all three applicants are known to the Council, the Council’s options are to interview the three applicants and then make appointments or move to appoint without interviewing the applicants. Mayor Johnston explained that due to the library board officer elections coming in January, it is important to act for the boards benefit. It was his intention of placing the library board items on the agenda to decide how the appointments would be made. Council Member Smith expressed her preference on not making the appointments tonight. It was her opinion that notice should be extended beyond the City’s website and the Oakdale-Lake Elmo Review. The notice should be published in the Saint Paul Pioneer Press as well, due to the large readership of that publication in Lake Elmo. Ms. Smith also would like the positions to remain open until the first week of November in order to bring in more applications. She stated her belief that there were additional candidates who may be interested in applying but were not aware of the openings. Mayor Johnston stated that he believed scheduling the appointment for the next council meeting on November 7, 2012 would be sufficient time to accomplish both the board’s needs and address Council Member Smith’s concerns. Council Member Park inquired if that timeframe was sufficient to publish the opening in the Pioneer Press and receive applications. City Administrator Zuleger confirmed that it would be sufficient time. He then stated that staff would try another round of soliciting applications. Council Member Emmons suggested that it might be wise to use the suggested additional outlets for soliciting applications for other groups and commissions. The council agreed with him by consensus. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Page 5 of 7 MOTION: Mayor Johnston moved to ADD LIBRARY BOARD APPOINTMENTS OF 1 ALTERNATE AND 2 RE-APPOINTMENTS TO THE AGENDA OF THE FIRST CITY COUNCIL MEETING IN NOVEMBER. Council Member Park seconded the motion. MOTION PASSED 5-0 2. Filling of Weis Board Position MOTION: Council Member Emmons moved to APPOINT FIRST ALTERNATE ROSEMARY MEIER TO FILL THE REMAINDER OF THE TERM VACATED BY LIBRARY BOARD MEMBER JENNA WEIS; Council Member Pearson seconded the motion. MOTION PASSED 5-0 3. Full Time Library Director Position / Goal Setting City Administrator Zuleger reported that at the last Library Board meeting there was a vote to proceed with hiring a full-time librarian and increase the hours to 40. The board also discussed holding a workshop to set goals. A major goal is to re-affiliate with Washing County’s library system or have inter-library loan status. Library Board Member Sarah Linder clarified that hiring the full-time librarian would lead to the library’s increased hours, but that the increase in hours may not happen simultaneously with the hiring. Council Member Smith inquired about the financial information that she had previously requested regarding the full-time librarian and the impact on the budget. Council Member Pearson and Finance Director Bendel responded that they have been going over the budget figures and the proposal is feasible. Ms. Smith reiterated that she would like to review all expenses from the inception. Mr. Zuleger confirmed that it would be provided to her. Mayor Johnston inquired about a bond retirement schedule from Washington County, as the city is no longer paying into the county fund. Mr. Zuleger stated that staff should be able to obtain that from the county. Council Member Pearson stated that some of the money from the bonding was planned to be used for building improvements. Ms. Linder confirmed this and added that the board had factored in a full–time librarian with full city benefits as well as building improvements when discussing next year’s budget. Future plans included expanding the library’s footprint within the building as it becomes feasible. 4. Future of Art Center City Administrator Zuleger explained that the initial intent of the purchase of the building was to control the land. At one point, the city considered razing the building, but then provided it as a facility for local artists and then as the interim library. Recent discussions have included possibly renting it out as a housing property, but that would require some upgrading of the facility. The main areas that need improvement are the bathroom and kitchen. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Page 6 of 7 A discussion was had regarding the impact on local artists’ needs. Council Member Pearson expressed his opinion that due to the necessary improvements and associated costs, discussions about leasing it at this point was unwarranted. Council Member Smith noted that under the current proposals by the Village Workgroup, that area will include senior housing, and perhaps the subject land could be sold and included in that project. City Administrator Zuleger reminded everyone that the library will be holding its Grand Opening event on October 20, 2012 and encouraged everyone to stop in and enjoy the festivities. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Emmons reported attending the Village Workgroup meeting, where representatives from Damon Farber & Associates presented their plans and took part in a walking tour of the Village. Council Member Smith reported also attending the Village Workgroup and meeting with Damon Farber & Associates. She believes Jesse from Damon Farber will be very beneficial to the process and is eager to work with him. Council Member Park – No Report Council Member Pearson reported the truck committee met with the City of Woodbury and that the meeting was very positive. Woodbury is open to working with Lake Elmo to coordinate resources. City Administrator Zuleger added that that meeting was one of the better meetings with Woodbury that he has attended and there was discussion of creating a Regional Fire District that would include a goal of filling in equipment gaps throughout the surrounding communities. Mr. Pearson reiterated the quality of the meeting as well. Mayor Johnston reported attending the library board meeting; the last Gateway Corridor meeting; The Mayor also offered to send all the documentation from the meetings he attends to the Council if members were interested in obtaining that information. City Administrator Zuleger reported that Mitch Berg, the City of Bayport Administrator, is taking the lead in the Union-Pacific Railroad train horn/whistle issue. Mr. Berg has asked Lake Elmo, along with Oak Park Heights and Bayport Township, to sign on to a letter asking Union-Pacific RR to use more discretion in using the train whistle in affected zones. It is requested that the Mayor sign on to the letter. Mr. Zuleger also reported the results of the speed trailer study by MnDOT. The subject area was at 11240 Highway 5 across from Hagberg’s. The trailer recorded 7,500 vehicles. 7,164 vehicles were above the speed limit of 40mph. The average speed is 9 mph over the limit. He noted while the city would consider the figures as a high volume of speeding, traffic engineers would interpret the data as a justification for raising the speed. Another citation report will be available at the end of the week. Residents have been reporting their positive feedback with the increased enforcement. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 16, 2012 Page 7 of 7 Council Member Emmons brought up the use of traffic calming techniques as opposed to actions that encourage increased speed. Mr. Zuleger affirmed that the three proposed tools include calming, as well as enforcement and regulation. Council Member Smith inquired about the times the speeds were recorded. Mr. Zuleger stated that Public Works Director Bouthilet can provide those details. A discussion also took place explaining Red Zone enforcement. Mr. Zuleger confirmed that 26 percent of the citations and warnings were issued to Lake Elmo residents. Additional data will be available from the forthcoming road survey and ongoing studies. City Engineer Griffin informed the Council that the data suggests that a physical change to the roadway/sightlines is needed to change behavior. Mr. Zuleger also reported that the City is working on finalizing a contract for a Humane Officer. Staff is working on water appeals and will be asking the council to consider the current water rates and the City’s conservation policy in November. Storm Water Appeals are almost complete. A park usage policy is forthcoming for the Council’s consideration. The next Source newsletter is ready for publication. Employee performance reviews will be taking place in November. A discussion was had regarding city parks, trails, and the forthcoming park usage survey. City Attorney Snyder reported that legal counsel has taken part in several administrative issues, reviewed the personnel policy, and worked on the 3M litigation. The next meeting will include a request for executive session to discuss further details related to that litigation. City Engineer Griffin reported that the City did receive approval for funding of the Road Safety Audit. Planning Director Klatt reported he took part in the Village walking tour with Damon Farber & Associates. Feedback from the group will be reported after it is compiled. There are upcoming Design Standards and Village Workgroup meetings scheduled. Finance Director Bendel reported the completion of the storm water assessments. A sales tax audit is scheduled for next week. Regular month-end filings are coming up. Street Assessments will take place in November. Adjourned open meeting at 8:50 P.M. LAKE ELMO CITY COUNCIL ATTEST: _______________________________________ Dean A. Johnston, Mayor ______________________________________ Dean Zuleger, City Administrator