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HomeMy WebLinkAbout02-05-2013 CCM LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2013 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2013 Mayor Pearson called the meeting to order at 7:00 P.M. PRESENT: Mayor Pearson, Council Members Bloyer, Nelson, and Smith [7:02] Also Present: City Administrator Zuleger, City Attorney Snyder, Planning Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE SWEARING IN OF NEW CITY COUNCIL OFFICIAL Pursuant to state statute, City Clerk Bell swore in new City Council Member Wally Nelson. [Council Member Smith Arrived at 7:02 P.M.] APPROVAL OF AGENDA Discussion of the agenda was held. Consensus was reached to table Item 13. Nelson moved to table. MOTION: Council Member Nelson moved to approve the February 5, 2012 City Council Agenda as amended. Council Member Bloyer seconded the motion. Motion passed 4-0. Consent Agenda Item 13 was tabled. ACCEPT MINUTES ITEM 1: THE JANUARY 15, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. PUBLIC COMMENTS/INQUIRIES: Ann Buchek spoke about library events: extended hours Monday-Saturday 10-2pm Tuesday and Thursdays and 3-8 P.M. On February 7th, at 6:30 Rusty Schmidt will speak about rain gardens. East Metro Writers room will be opening on 2/11. Children’s library time- 1st/3rd Friday. This Friday will have Valentine’s Day event. Library has added 500 items - over 6100 volumes. Lake Elmo library has new books and there is practically no waiting. On March 11, Christian Valen, author of Bone Shadows will visit. On April 4th, Family Means will be visiting to discuss budget and financing; Author William Sauder will visit.. PRESENTATIONS: None PUBLIC HEARING: EDA LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2013 Page 2 of 6 Mayor Pearson opened public hearing at 7:11PM City Administrator Zuleger provided an overview of the past discussions regarding EDA. The first discussion of an EDA was held in 1987. He noted the previous presentation that was provided. Mr. Zuleger explained the purpose of an EDA. He gave overview of the proposed EDA and described the enabling resolution; Resolution 2013-05. Mr. Zuleger explained the benefits of having an EDA. No public input offered. Mayor Pearson closed the public hearing at 7:19 PM MOTION: Mayor Pearson moved TO ADOPT RESOLUTION 2013-05 ENABLING RESOLUTION ESTABLISHING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF LAKE ELMO, MINNESOTA UNDER MINNESOTA STATUTES, SECTION 469.090 THROUGH 469.1082. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. CONSENT AGENDA 3. Approve Payment of Disbursements and Payroll 4. Approve EMWREP Agreement 5. Water Supply Well No. 4 – Authorize Plans and Specifications for Production Well No. 4. 6. Water Supply Well No. 4 – Award Production Well Engineering Contract. 7. Approve Finance and Human Resources Committee Guidelines 8. Amend Massage Therapy Licensing Ordinance; Ordinance 08-067 9. Approve Scope of Services for Northland Securities, Inc. 10. Appoint City Engineer and City Attorney 11. Conditional Use Permit request from Valley Branch Watershed District to remove a culvert at 28th Street within Raleigh Creek; Resolution 2013-06 12. Variance request from Christ Lutheran Church to split the lot at 3549 Lake Elmo Avenue North; Resolution 2013-07 MOTION: Council Member Smith MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 4-0. Consent Agenda Item 12 was pulled for discussion. ITEM 12: VARIANCE REQUEST FROM CHRIST LUTHERAN CHURCH TO SPLIT THE LOT AT 3549 LAKE ELMO AVENUE NORTH; RESOLUTION 2013-07 Council Member Smith noted her concerns regarding the parking limitations. She was not opposed, but she wanted to make sure that the item was thoroughly discussed and considered. Because the future is unknown, the Council needs to be careful. Planning Director Klatt explained detail of the recommendation. It is being recommended that the space be a shared space. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2013 Page 3 of 6 Further discussion was had about the unknown risks involved in splitting the lot without being able to predict the future. The Council reached a consensus that it was risk they were willing to take. MOTION: Council Member Smith moved TO APPROVE RESOLUTION 2013-07 APPROVING A VARIANCE TO ALLOW CHRIST LUTHERAN CHURCH TO SPLIT ITS PARCEL AT 3549 LAKE ELMO AVENUE INTO TWO SEPARATE LOTS THAT DO NOT MEET THE MINIMUM REQUIREMENTS OF THE GB – GENERAL BUSINESS ZONING DISTRICT FOR LOT AREA AND LOT WIDTH. Council Member Nelson seconded the motion. MOTION PASSED 4-0. REGULAR AGENDA ITEM 13: Contractor Licensing Code Amendment; Ordinance 08-068, Resolution 2013-08 Item was Tabled ITEM 14: APPROVAL OF CITY CREDIT CARD POLICY Finance Director Bendel provided an overview of the policy and the reasoning for it. Item is mainly a housekeeping item. In the past, there has been one shared card. New policy would provide the management team individual cards. This would be easier to manage. Each holder will be required to accept and sign the use policy. Council Member Nelson asked about the card limit. Ms. Bendel stated that globally, the limit is $10,000 and $2,500 per holder. MOTION: Council Member Smith moved TO APPROVE THE LAKE ELMO CREDIT CARD POLICY DATED 2/5/2013. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. ITEM 15: RE-DESIGNATION OF PARK COMMISSION MEMBERS City Administrator Zuleger provided overview of the complications surrounding electing a chairperson. There is a lack of desire from regular members, partially due to time commitments and schedules. Alternate Shane Weiss volunteered to serve as chair. In order to allow Mr. Weiss to serve as chair, the commission needs one of the alternate members to step down. Judith Blackford elected to become alternate. Council Member Smith asked about make-up. Mr. Zuleger stated the current commission consists of seven regular members with 2 alternates. Council Member Bloyer noted his looking forward to Mr. Weiss serving as chair. MOTION: Council Member Smith moved TO AFFIRM THE PARK COMMISSION RE-DESIGNATION OF SHANE WEIS AS A REGULAR MEMBER OF THE PARK COMMISSION HEREBY ALLOWING HIM TO ASSUME THE ROLE OF CHAIRMAN; AND TO RE-DESIGNATE JUDITH BLACKFORD AS AN LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2013 Page 4 of 6 ALTERNATE MEMBER OF THE PARK COMMISSION. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. ITEM 16: ADOPT ADMINISTRATIVE CITATION FEES; RESOLUTION 2013-08 City Administrator Zuleger explained the history of the code enforcement in Lake Elmo. The 2010 ordinance was passed and required the City to set fees. The City has not done so to date. The fees were discussed with City Attorney Snyder. Mr. Zuleger outlined the fee schedule, explained the benefits, and acknowledged the concerns that some members have. He also described the current and proposed practice/process. The City has not issued any fines to date. There is the hope that the threat of a monetary penalty will encourage compliance. The City does not foresee policing properties, but will continue to rely on adjacent and neighboring property owners to report issues. The goal is to maintain property values and promote health and safety within the City. Council Member Nelson asked about list of violations. Mr. Zuleger stated that the spectrum is broad and involves the entire code. Mr. Zuleger provided a general list of issues that have been Council Member Smith asked for clarification on the process. She asked about the failure to pay and whether it goes to property taxes. City Attorney Snyder stated that ultimately the fines will have to be judicially enforced if the violator refuses to pay. The vast majority of issues get resolved by the prospect of enforcement. Ms. Smith also asked about rental properties. Does the fine go to the tenant or landlord? Mr. Zuleger stated that the City has been working with the Landlords or property owner. Ms. Smith expressed her pleasure with this issue finally being addressed. Council Member Bloyer stated his support for following rules and changing the rules if needed. MOTION: Council Member Smith moved TO ADOPT RESOLUTION 2013-08, THEREBY APPROVING THE ADMINISTRATIVE CITATION FEE SCHEDULE. Mayor Pearson seconded the motion. MOTION PASSED 4-0. ITEM 17: APPROVE 2013 FEE SCHEDULE; ORDINANCE 08-068 City Administrator Zuleger explained the proposed changes and the reasoning for the updates. Staff will be performing a comprehensive fee audit through the next year. There was a discussion of park land dedication rates. Council Member Nelson asked about Staff’s audit timeline. Mr. Zuleger stated that the audit will be ongoing. WAC, SAC, sewer connection and lateral benefit charges, and water rates. March or April is the expected timeframe to bring back the known items. There will be several structural issues addressed in the future. Council Member Smith asked about bulk water rates and whether they are new. Finance Director Bendel confirmed that this fee is not new, but Staff will be doing more to coordinate with residents that need this. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2013 Page 5 of 6 MOTION: Council Member Nelson MOVED TO ADOPT ORDINANCE 08-068; AN ORDINANCE AMENDING SCHEDULE OF MUNICIPAL FEES FOR SERVICES, AS PRESENTED HEREIN. Council Member Bloyer seconded the motion. MOTION PASSED 4-0; SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Nelson – No report. Council Member Smith thanked Shane Weiss for stepping up to lead Parks Commission. Reported skating rink with her family the past weekend. The ice was excellent. Kudos to guys who do the ice. City Administrator Zuleger noted the generosity of Jim Leonard, owner of Fury Motors in obtaining the Zamboni. The City thanks him. Ms. Smith said it was the nicest ice around. Council Member Bloyer reported League of Minnesota Cities orientation for new council members. On Sunday the Lions held their ice fishing contest on Lake Jane. Mayor Pearson reported also attending the League of Minnesota Cities training. The training Biggest issue cities face land use problems. Online training available to reduce insurance premium. Met with a couple residents. Attended first local business meeting with City Administrator Zuleger and Taxpayer Relations/Communications Coordinator MacLeod. Mayor Pearson announced the appointments for Council Committees: • Finance- Council Members Smith and Nelson • HR- Mayor Pearson and Council Member Bloyer • EDA- Mayor Pearson and Council Member Park City Administrator Zuleger reported working on committee structure and function. Noted Program Assistant Beckie Gumatz started Monday. Working with Washington County to bring Valley Cartage to relocate to Lake Elmo. Buy local, buy Lake Elmo business project. Working with Oakdale-Lake Elmo Review to have a specific 2 page dedicated section for Lake Elmo. Staff met with Lennar. On average meeting with about two land owners a week. On 2/25 results of hwy 5 safety audit will be available. Staff met with City Engineer Griffin and MNDEED on specifics of grant. Have meeting scheduled with Rep. McCollum for groundwater quality issues. Dealing with ISGMN for spring parks survey. City Attorney Snyder reported review of Ordinances; 9447 Stillwater blvd- end of internal staff efforts to resolve. Now moving towards enforcement action. Sheriff has been involved. Will bring action to next meeting. Met with staff to discuss development. City Engineer Griffin reported completion of work scope for trunk Hwy 36 corridor study. Meeting with property owners for gravity option south of 10th St. for obtaining easements. Drafting development agreements with legal. Engineering Design standards. Well #4 kick-off mtg. developing Work, Scope, and Fee pump house and connecting water main. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 2013 Page 6 of 6 Planning Director Klatt reported working on 2012 Annual Report; draft of work plan for 2013 Planning Commission; update to planned unit development ordinance. Finance Director Bendel reported year-end reporting, W-2s/1099s budget for state. Data files for Permit Works. Audit preparation. Auditors will be onsite next week. Adjourned open meeting at 8:07 P.M. LAKE ELMO CITY COUNCIL _______________________________________ Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk