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HomeMy WebLinkAbout01-06-2014 CCMLAKE ELMO CITY COUNCIL MINUTES JANUARY 06, 2014 Page 1 of 5 CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 06, 2014 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson, Council Members Wally Nelson, Justin Bloyer, and Mike Reeves. ABSENT: Council Member Anne Smith Also Present: City Administrator Zuleger, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Council Member Nelson requested that ITEM 12 be pulled from the Consent Agenda for discussion and placed at the beginning of Regular Agenda. City Engineer Griffin noted that ITEM 16’s title was corrected. MOTION: Council Member Nelson moved TO APPROVE THE JANUARY 06, 2014 CITY COUNCIL AGENDA AS AMENDED. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. ITEM 1: ACCEPT MINUTES THE DECEMBER 17, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. COUNCIL REPORTS: Mayor Pearson: Appointed Terry Forrest to Finance Committee; attended Library Board meeting; attended full staff meeting. Council Member Reeves: attended Lake Elmo Regional Trail Committee meeting where they discussed regional trail concept plan. Washington County is very excited to work with the City. Commended Planner Nick Johnson for his work done on the trail plans. Council Member Bloyer: no report. Council Member Nelson: no report. PUBLIC INQUIRY/COMMENTS: • Beth & Richie Springborn – Driveway Ordinance Beth Springborn 8970 55th St. spoke about her driveway permit. Building Official Rick Chase informed her that their driveway needed to be paved at the end. Explained her understanding of the definition of “bitumen.” They used crushed Hwy 36 millings. Over 6 inches thick on entire driveway. Mr. Chase said it needed to be hot mix asphalt. City Administrator Zuleger explained the rationale for requiring the hot mix. He showed the examples of each type of material to Council. The city ordinance does not specifically further define the term “bitumen” with enough specificity. The City has returned $4000 of $5000 escrow. Mr. Zuleger explained the options for the council. It was stated that the Ordinance would be brought back with a technical amendment. City Engineer Griffin explained the technical details of how the apron is required and desired to be a hard surface: 1) hold edge of road together. 2) prevent tracking of mud on road; and 3) loose gravel needs to be cleaned out of ditches and culverts, so increased maintenance would be required. The specific driveway dimensions and requirements were discussed. It was determined that LAKE ELMO CITY COUNCIL MINUTES JANUARY 06, 2014 Page 2 of 5 the apron must cover the Right of Way. Council Member Nelson asked if instead of using a variable term like ROW, use a specific distance. Ms. Springborn stated her position is that they have already met the code requirements. Staff’s preference is to proceed through the appeal process if the Springborns choose. Mr. Bloyer asked if the appeal process costs money. Mr. Zuleger stated that it does, but the City could waive it. The definition of “bitumen” was discussed. Mr. Griffin stated his professional opinion was pretty clear that is included the binder aspect and not simply loose millings. Mayor Pearson stated his preference that Council and staff study the issue before taking action. He also explained that the code language would not make any sense if interpreted as allowing loose material. The consensus of the Council is that the text may be vague and should be examined. The Council was supportive of staff’s recommendation of abiding to the formal appeal process. It was noted that the City has given the Springborns a one-year extension on the completion deadline. No formal action taken. SPEAK YOUR PEACE: REEVES Reeves spoke on the Speak Your Peace tenet of repair damaged relationships. Everyone has been in situation of saying or doing the wrong thing. In a perfect world that wouldn’t happen, but it does. To make it right one must apologize. Admit your mistake, move on. Is the apology sincere? Does it keep occurring? There must be a commitment to change behavior. Actions speak louder than words. Where you develop trust, it is easier to accept apology. CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $269,770.91 3. Designate Official Publication Newspaper of Record 4. Designate Official Depositories of Funds; Res. No. 2014-01 5. Resolution Designating Data Practice Officials and Approving City’s Data Practices Policy; Res. No. 2014-02 6. Appoint City Engineer and City Attorney 7. Approve 2014 Plan of Work 8. Storm water abatement; Res. No. 2014-03 9. Production Well No. 4 – Pay Request No. 5 10. Lake Elmo Avenue Sewer Improvements – Change Order No. 3 11. Section 34 Utility Extension Improvements – Change Order No. 2 12. 2012 Rain Gardens – Pay Request No. 2 (Final) MOTION: Council Member Bloyer moved TO APPROVE THE CONSENT AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 12: 2012 RAIN GARDENS – PAY REQUEST NO. 2 (FINAL) City Engineer Griffin explained the item. Contractor is requesting payment in full. Staff does not agree with full payment due to several issues, so is recommending a prorated payment. Contractor did not perform completely and there have been several garden failures. Six of the 17 rain gardens were not functioning for the year. Council Member Bloyer asked if this was same contractor that built the garden at end of Jane Road. It is not known at this time. Griffin explained how at times the City is required to install rain gardens, but currently has discontinued the voluntary installation for the time being. Rain gardens do work when installed correctly and maintained properly. LAKE ELMO CITY COUNCIL MINUTES JANUARY 06, 2014 Page 3 of 5 MOTION: Mayor Pearson moved TO APPROVE 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, UPON CONTRACTOR’S RECOGNITION THAT THIS IS PAYMENT IN FULL. Council Member Nelson seconded the motion. Council Member Nelson wants city to look at the rain gardens on larger scale. He has heard nothing but problems from residents. He applauded Mr. Griffin for getting away from the voluntary ones. It was noted by Mr. Griffin that the first year is critical in maintaining. Professional maintenance is recommended for the first year. After that the residents can do it themselves much more easily. Council consensus is that further policy discussion is warranted. MOTION PASSED 4-0. REGULAR AGENDA ITEM 13: APPOINT 2014 ACTING MAYOR City Clerk Bell explained the statutory requirement to appoint an Acting Mayor. He noted that in 2013, Councilman Bloyer was appointed. Mayor Pearson nominated Councilman Bloyer to serve as Acting Mayor for 2014. MOTION: Mayor Pearson moved TO APPOINT COUNCIL MEMBER JUSTIN BLOYER AS ACTING MAYOR FOR 2014, TO COMPLY WITH AND FULFILL ALL DUTIES ENUMERATED IN MINN. STATUTE § 412.121 RELATING TO SELECTION OF AN ACTING MAYOR. Council Member Nelson seconded the motion. Council Member Reeves asked if Councilman Bloyer accepts the nomination. Mr. Bloyer stated he does. MOTION PASSED 4-0. ITEM 14: APPOINT REQUIRED OFFICIALS TO FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES City Clerk Bell explained the statutory requirement to appoint officials to the Fire Relief Association Board of Trustees. He noted that in 2013, Fire Chief Greg Malmquist, Councilman Wally Nelson and Finance Director Cathy Bendel were appointed. MOTION: Mayor Pearson moved TO APPOINT FIRE CHIEF MALMQUIST, FINANCE DIRECTOR BENDEL, AND COUNCIL MEMBER WALLY NELSON TO THE FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES FOR 2014. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 15: WATER SURFACE USE ORDINANCE REVIEW City Administrator Zuleger explained the reason for the review. The ordinance was not effective until 9/25/13. Mr. Zuleger explained the limitations of the study data. One limitation was due to the high water on 7/4/13. There were very few incidents. Lake is mostly used by bass fishermen. Staff spent 150-180 hours examining lakes. Mayor Pearson explained that the council said they would review the findings and so that is what they are doing tonight. Council Member Bloyer recounted his experience. Council Member Nelson recounted his as well. Both officials saw no issues and very little use in general. Mr. Zuleger affirmed their findings. Mayor Pearson recounted his findings in line with the rest. Council members video recorded much of their findings. Some video evidence was played. Mayor Pearson was glad that not much of an issue had materialized. He noted that the past DNR grant request was denied due to low use. Mr. Bloyer noted that 40% of 2013 park survey responses supported an increased time; 28% were in favor of no change; more than 30% didn’t care. ITEM 16: 2014 STREET IMPROVEMENTS – RECEIVING FEASIBILITY REPORT; CALLING FOR HEARING; RES. NO. 2014-04 LAKE ELMO CITY COUNCIL MINUTES JANUARY 06, 2014 Page 4 of 5 City Engineer Griffin explained the 2014 improvement projects. Two main locations and three main types of improvements. Packard Park neighborhood/20th St/Manning Trail. Packard Park neighborhood will consist of street reclaim. 20th Street consists of micro-surfacing. Manning trail, Deer Pond Trail and Court consist of reconstruction. The differences between road types and how each project area would be done were explained to consist of low cost shorter service life reclaims, longer service life reconstructions, and micro-surfacing to defer a reconstruct for another 5-7 years. When the full reconstruction project is completes at higher upfront cost, the base and sub-base materials can provide 40-50 years of service life providing a lower life cycle street cost. Mr. Griffin went through each project and explained the proposed assessments as well. Manning Trail is a collector road, so there is a lower assessment. Tartan Park is 100% because it is non-residential. Assessment is based on front footage. There is a strategy with West Lakeland Township to extend the unimproved 370 ft on Manning Trail located in their town and have them fully reimburse and also pay for properties accessing Manning Trail situated in West Lakeland Township. Total cost is about $1.8 million. The summary of the assessments for the various projects was further explained. Mr. Griffin gave overview of the project schedule. Council Member Reeves asked about the front footage rationale. He asked about Tartan Park and if they have access. Mr. Griffin explained that non-residential includes all abutting roads. They do not have access. Council Member Bloyer asked about cost if city forwent concrete curb and gutter. The figure is not known off hand. It would be lower upfront cost. There was concern about residents being able to afford it. Council Member Nelson asked about 70-30 assessment ratio. Mr. Griffin explained that many cities started out at 20:80%. As legal challenges have increased, the percentage had been reduced. It was noted that bonding requires that assessment cannot go below 20%. Mr. Nelson questioned the benefit of the concrete gutter. Grading is much more difficult to perfect without concrete. Mr. Reeves suggests taking a longer view of the benefits. Noted all council members are sensitive to costs. Mayor Pearson asked Mr. Griffin to make a guess on the cost difference. Mr. Griffin estimated it may be 10-20 percent. Mr. Nelson asked why 10 years assessments. City Administrator Zuleger stated that 10 year term to retire debt is standard. Longer roads may allow for longer terms, but it is unknown at this time. Modifying policy for 50 year roads was discussed. Mr. Bloyer asked about Deer Pond’s initial construction. The specific date is unknown. Mr. Nelson noted that residents may have different expectation now than 10-20 years ago. He wants City to reexamine assessment term policy. The financing options were discussed. Mayor Pearson wants the three non-resident properties on Manning Trail to be assessed. He directed staff to pursue assessing them regardless of what West Lakeland Township does in regards to the unimproved 370 foot portion. MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2014-04, RECEIVING THE FEASIBILITY REPORT AND CALLING A HEARING FOR THE 2014 STREET IMPROVEMENTS. Council Member Reeves seconded the motion. MOTION PASSES 4-0. ITEM 17: PUMPHOUSE NO. 4 IMPROVEMENTS – APPROVE PLANS AND SPECIFICATIONS; RES. NO. 2014-05 City Engineer Griffin explained the project. Part of the 2013-14 Water System CIP. Consists of a municipal building, housing the city well and related chemical feed equipment. Mr. Griffin explained the LAKE ELMO CITY COUNCIL MINUTES JANUARY 06, 2014 Page 5 of 5 specific details of the improvements. Paid through a combination of MN-DEED grant funds and water enterprise funds. Total cost is $885,000. The construction schedule was explained. MOTION: Council Member Reeves moved TO APPROVE RESOLUTION NO. 2014-05, APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE PUMPHOUSE NO. 4 IMPROVEMENTS. Mayor Pearson seconded the motion. MOTION PASSES 4-0. SUMMARY REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: explained the workshop schedule. There will be a few joint workshops with the commissions; performance based budgeting; commended Alyssa MacLeod for her work on the newsletter; east metro groundwater meeting; attended the Met Council meeting on MOU; working on securing water security agreements; expecting Lennar final plat end of month. Preliminary plat from Amaris and Ryland is expected in February; noted the Gonyea water and sewer changes. New proposal starting in the north should help the City with cost of sewer lines; gave summary of the departmental progress. He commended the departments that were the highest developing in 2013. Council Member Reeves noted the positive comments received on the accountability portion of the newsletter. Mayor Pearson asked about Lake Elmo Days and a private entity taking it over. Mr. Zuleger said that the Jaycees may be the entity, but it is unknown at this time. City Engineer Griffin: No report. Finance Director Bendel: final levy certification sent to county; 3,200 storm water bills were sent out. City Clerk Bell: reported livestock ordinance is expected to be heard at the Planning Commission meeting on 1/27/14. Mayor Pearson adjourned the meeting at 8:48pm. LAKE ELMO CITY COUNCIL ATTEST: ________________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk