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HomeMy WebLinkAbout02-19-2013 CCM LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 19, 2013 Page 1 of 7 CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 19, 2013 Mayor Pearson called the meeting to order at 7:00 P.M. PRESENT: Mayor Pearson, Council Members Bloyer, Nelson, Smith, and Park [7:12 PM] Also Present: City Administrator Zuleger, Planning Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell; Associate City Attorney Brekken [7:09] PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Discussion of the agenda was held.. MOTION: Council Member Smith moved TO APPROVE THE FEBRUARY 19, 2013 CITY COUNCIL AGENDA AS PRESENTED. Council Member Nelson seconded the motion. Motion passed 4-0. ACCEPT MINUTES ITEM 1: THE FEBRUARY 5, 2013 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE CITY COUNCIL. PUBLIC COMMENTS/INQUIRIES: None PRESENTATIONS: ITEM 2: ANNUAL FIRE DEPARTMENT REPORT FOR 2012 Fire Chief Malmquist presented the annual Lake Elmo Fire Department 2012 report. Included were a summary of incidents, response calls, training, and goals. Including: 30 total duty crew responses; 28 Fires. 263 rescue medical; 23 hazardous calls; 30 service calls; 40 good intent calls. Average on-scene time is 9:00 minutes. Highlights: purchased new turn-out gear; formed a truck committee; Lake Elmo Rotary made donation of equipment. Retirement of Barney Sachs (16 years), Mark Vandemmeltradt (18 years), Christine Johnson (6 years), Moe Butler (7 years). Hired new firefighters. [Associate City Attorney Brekken arrived at 7:09 PM] [Council Member Park arrived at 7:12 PM] LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 19, 2013 Page 2 of 7 A discussion took place regarding dry hydrants. Chief Malmquist described the process. The question of the cost of dry hydrants was later discussed. Chief Malmquist said he was looking into a DNR grant to help fund. Also discussed was the placement of said dry hydrants. equipment acquisition, specifically Self-Contained Breathing Apparatuses, was discussed. Grants are being sought to obtain new equipment. Chief Malmquist provided an overview of the ISO Report. The last audit was in 2001. Mayor Pearson asked if the audit were conducted now, would there be a realized reduction in rates. It was stated that it would, but it may be justified in waiting. The test is free but should only be done every few years because the amount of work involved. Discussion was had regarding the benefits of waiting until more updates/improvements were on-line. Chief Malmquist stated that it would be worth waiting. Council Member Smith concurred that it was worth waiting so that the updates are captured. ITEM 3: STATE HIGHWAY 5/CSAH 17 ROAD SAFETY AUDIT – PRESENTATION OF AUDIT FINDINGS/RECOMMENDATIONS Adam Josephson from MnDOT presented an overview of the past meetings regarding Hwy 5. Howard Preston, also from MnDOT and Lake Elmo resident, then provided an overview of the road safety audit findings. The road was divided into three segments: West (Jamaca Ave to Lake Elmo Ave.), Middle (downtown Lake Elmo), and East (Downtown to Manning) segments. The methodology was explained. Middle and East segments have higher crash rates than similar roadways. The West segment is lower than expected, despite more sever crashes. Ninety percent of crashes are intersection related. Jamaca and Manning have highest, not intersections between. According to MnDOT, based on the crash data, there is not an compelling need to do anything immediately. The suggestion for the immediate short term is to continue studying the road. There is an estimate of an average of 16,000 vehicles over the next 15 years. There is a uniform speed observed on Hwy 5. Part of the reason for the higher traffic volume is the underdeveloped roadway options. However, MnDOT did provide some suggestions to address the concerns and improve safety. Mr. Howard provided an overview of the suggestions. There are three different types: Short, mid, and long-term. All categories cover roadway safety, speed reduction, and pedestrian safety. Short-term is defined as 1-5 years; mid-term as 5-10 years; and long-term as 10+ years). [All the suggestions are included in the official city meeting record.] One of the easiest and quickest suggestions is the conversion of the road to a three lane roadway. The urbanization of the roadway has been effective in reducing speed. The process for adding third lane was later discussed. It is done with reallocating existing space. Mr. Josephson explained some options regarding government partnerships. Council Member Park expressed her support for the third lane option. A discussion was had regarding pedestrian bridges and the speed limit around the school. Mr. Josephson said the bridge solution usually is up to the cities. Compliance with the Americans with Disabilities Act has increased difficulties in bridge construction. Council Member Smith noted her concerns about the findings regarding the pedestrian crash data. The fact that there currently are LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 19, 2013 Page 3 of 7 no pedestrian crashes is more related to the fact that the school does not use the crossing as opposed to the inherent safety of the crosswalk or roadway. The possibility that some businesses and access points may cause increased traffic was discussed. Mr. Josephson said that no specific businesses or access points were identified, but access modifications are recommended as change occurs instead of forcing businesses to modify access points. More opportunities were available when future modifications were made. City Administrator Zuleger thanked Adam Josephson, Howard Preston, and MnDOT for the hard work in obtaining funding and conducting the study. Lake Elmo Elementary School Principal Stephen Gorde spoke about the future challenges in pedestrian traffic near the school. The option of a flashing beacon was discussed. It would be the city’s responsibility and cost about $10,000. Council Member Nelson expressed his desire to direct staff to identify options for addressing the crosswalk issue. It was agreed that coordinating with the school was critical. Mayor Pearson called for a workshop to provide staff direction. Highway 5 access points were further discussed. Mr. Josephson explained that modifications are typically done during redevelopment. Frontage roads can limit and control access, but are major changes and expensive. ITEM 4: 2012 COMMUNITY DEVELOPMENT DEPARTMENT ANNUAL REPORT In consideration of time, report was included as part of staff report. CONSENT AGENDA 5. Approve Payment of Disbursements and Payroll 6. Accept Financial Report dated January 31, 2013 7. Accept Building Permit Report dated January 31, 2013 8. Approve Renewal of St. Croix Valley Fire Service Agreement 9. 2013 Seal Coat Project – Authorize Preparation of Plans & Specifications 10. 2013 Seal Coat Project – Joint Powers Project Agreement with West Lakeland Township 11. Engineering Design and Construction Standards Manual – Resolution to Adopt Manual; Resolution 2013-09 MOTION: Council Member Smith moved TO APPROVE THE CONSENT AGENDA. Council Member Park seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 12: CONTRACTOR LICENSING CODE AMENDMENT; ORDINANCE 08-069, RESOLUTION 2013-10 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 19, 2013 Page 4 of 7 City Administrator Zuleger explained purpose of the amendments. It was noted that previous submissions to council has allowed for staff clarification on most previous council questions and concerns. Additional clarification was provided the required 4/5 vote for summary publication. It is only in regards to the summary publication and not the ordinance itself. The city is not looking to proactively police all construction, but is more concerned about health and safety of community development. It was noted that city liability is also an issue and part of the impetus for bringing to council. MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-069, THEREBY ESTABLISHING AN IMPROVED CONTRACTOR LICENSING PROGRAM TO SET MINIMUM STANDARDS RELATED TO COMPETENCY AND PROFESSIONALISM IN CONSTRUCTION ACTIVITIES IN LAKE ELMO, MN. Council Member Nelson seconded the motion. MOTION PASSED 5-0. [TAKEN AFTER VOTE FOR ITEM 15] MOTION: Council Member Smith moved TO ADOPT RESOLUTION 2013-10 APPROVING SUMMARY PUBLICATION OF ORDINANCE 08-069. Council Member Nelson seconded the motion. MOTION PASSED 5-0. ITEM 13: ADOPTING RESOLUTION AUTHORIZING LIMITED PROPERTY TAX ABATEMENT FOR 8665 HUDSON BOULEVARD FOR YEARS 2014, 2015, 2016, 2017; RESOLUTION 2013-11 City Administrator Zuleger gave overview of the Valley Cartage Corporation’s desire to relocate headquarters to Lake Elmo, creating 50 new jobs with pay of $35,000-$70,000 each. Worked with legal staff, Washington County, the Governor’s office, Xcel, Greater MSP, and legislative reps. Washington County will be taking issue up in March. Mr. Zuleger explained the details of how the abatement would work. The property tax abatement would be about $40,000 over three years. Package would include: Forgivable loan from State of Minnesota, $400 job training program, energy credits from Xcel Energy, and market study/analysis from Greater MSP. The abatement is contingent on the deal closing and the creation of the jobs within two years in order to have loan forgiven. City Attorney Snyder and Washington County Deputy Administrator Kevin Corbid were noted for their efforts. MOTION: Council Member Smith moved TO APPROVE RESOLUTION 2013-11 AUTHORIZING LIMITED PROPERTY TAX ABATEMENT FOR 8665 HUDSON BOULEVARD FOR THE YEARS 2014 – 2017 FOR THE PURPOSE OF CREATING (50) NEW, GOOD PAYING JOBS THAT HAVE A $30,000,000 IMPACT ON THE LOCAL ECONOMY. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 14: OLSON LAKE TRAIL JOINT SANITARY SEWER PROJECT - ACCEPT REPORT, CALL FOR IMPROVEMENT HEARING, DECLARE COST TO BE ASSESSED, AND CALL FOR HEARING ON PROPOSED ASSESSMENT; RESOLUTION 2013-12, RESOLUTION 2013-13 City Engineer Griffin gave overview of the project and the process. This is joint project with the City of Oakdale. Mr. Griffin explained the uniqueness of the project. Unique issues are 1) Jurisdiction; 2) topography; and 3) phasing and timing. The feasibility report and project scope were then LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 19, 2013 Page 5 of 7 explained. Washington County is not able to move the related road project up to 2013, but can move up some to work with both cities. The pipe should be able to go in ditch for phase I and so will have little impact on properties. It was noted that there are significant cost savings by working with Oakdale. Schedule is to complete initial project in 2013. Work with Washington County for 2014/2015 to complete phase II. The grinder stations were briefly discussed and explained. Life expectancy of septic systems was discussed. Generally, 20-30 years, but depends on use. Proposed assessment is $18,500. This is the total cost of both phases divided by the total properties. Staff is looking to extend financing over 15 years because of the longer term improvement. There will be additional connection costs owed to the City of Oakdale, as well as private connection fees. There was discussion regarding the high expenses and whether expanding the scope would ease the burden by the greater sharing. It was noted that expanding scope does increase overall construction costs. Resident Tony Heider of 4575 Olson Lake Trail spoke about the cost of a new septic system. He paid $22,500 and no long term financing. Believes it would be cheaper overall to connect to sewer. Council Member Bloyer asked about options for residents who recently installed a system. It was stated that it would be up to council. Staff is currently working with MPC to see if there are options. Question about the one year hook up time. Staff stated that this was the standard time limit. The environmental benefit was also pointed out. Want to get people connected as soon as possible. Up to council, but longer is not recommended. Council Member Smith noted that City must be careful about abuse of hardship claims. There have already been various types of accommodations to many properties. Assessment deferrals were also discussed if hardship is proven. Clarification was provided regarding the process for Phase II and how the costs would be determined. The process would include another improvement hearing because it is considered another project. Inquiry regarding decision point and how many properties are needed to act. Mr. Griffin stated that with the petition process, 35% of the properties would need to show interest. They would require staff to conduct a feasibility study. Council still has the option to decide against the improvement. Because this project was initiated by petition in Oakdale, the proposed March 19th approval would need a 4/5 vote for approval. MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2013-12, RECEIVING THE FEASIBILITY REPORT FOR THE OLSON LAKE TRAIL SANITARY SEWER EXTENSION AND CALLING HEARING ON IMPROVEMENT TO BE HELD ON MARCH 19, 2013. Council Member Park seconded the motion. MOTION PASSED 5-0. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 19, 2013 Page 6 of 7 MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2013-13, DECLARING COST TO BE ASSESSED AND CALLING HEARING ON PROPOSED ASSESSMENT FOR THE OLSON LAKE TRAIL SANITARY SEWER EXTENSION TO BE HELD ON MARCH 19, 2013. Council Member Park seconded the motion. MOTION PASSED 5-0. Seven minute recess called at 9:30 PM Meeting reconvened at 9:37 PM ITEM 15: ZONING TEXT AMENDMENT – PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE; ORDINANCE 08-070, RESOLUTION 2013-14 Planning Director Klatt gave an overview of the PUD amendment reasoning and process. Main purpose is flexibility. Many cities do it different ways. The changes are not drastically different from current regulations. Amendment mainly deals with application process and providing clarity for developers. It was explained that the planning commission recommendation was unanimous. Fire Chief Malmquist explained the benefit of fire sprinklers. Costs estimated at about $1.61/sq ft in building costs. Incentive for builders and positive safety feature. It was decided to separate Paragraph B into two paragraphs. Mayor Pearson asked Mr. Klatt what his opinion was. Mr. Klatt stated the proposed amendment would aide in working with builders to provide clarity and flexibility. Council Member Park asked about size restrictions. Mr. Klatt stated this was to promote use on more than one lot. Current rule is 2 acres. It was asked if this is smart for village. Because area is mixed use, it won’t need it. Flexibility is already there. MOTION: Council Member Park moved TO ADOPT ORDINANCE 08-070 TO INCORPORATE RECENT BEST PRACTICES RELATED TO THE EXECUTION OF PUDS AND MAKE CONTINUED ORGANIZATIONAL IMPROVEMENTS TO THE ZONING CODE. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Park moved TO APPROVE RESOLUTION NO. 2013-14, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-070. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Nelson – attended village planning meeting. Getting to know staff and has been receptive. Thanked staff. Council Member Smith reported village group has focused in on what needs to be done. Questions can be directed to her or Planner Johnson. Council Member Park no report. Council Member Bloyer no report. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 19, 2013 Page 7 of 7 Mayor Pearson reported attending regional mayors meeting and discussed governor’s tax policies; proposed development for village meeting; School Dist. meeting with Mahtomedi; chamber symposium, and noted symposium is looking for alternates. Council Member Nelson volunteered. Damon Farber and Assoc. theming meeting; Love to read program- read at Lake Elmo Elem. school. Met with Rep. Kriesel on Lake Elmo Ave improvements moving up; EDA interview; village work group meeting- thanked the group for hard work. City Administrator Zuleger reported Thursday 2/28 6:30-8:30 workshop on growth; developers agreement; fully staffed; worked closely with comp relocating. Worked with other people for econ development. Meet with U.S. Rep. McCollum and staff on ground water repair funds; CIP analysis- 5 year on equipment needs. Actively working with developers. Recruiting for EDA. City Attorney Snyder no report. City Engineer Griffin reported working on Olson Lake Trail; Keats design; engineering design standards manual, developers agreements. Mayor Pearson asked about the timeframe for HWY 36. Mr. Griffin said that there were some federal issues with the proposal, but Adam Josephson said that the issues supposedly were resolved. Planning Director Klatt gave summary 2012 report. Reported overview of projects. Public hearing on comp plan on 2/25. Finance Director Bendel reported Auditors were on site last week. They will be back in April. AT 10:09 PM, MAYOR PEARSON ADJOURNED THE OPEN MEETING TO CLOSED MEETING per MN State Statute 13D.05 Subd. 3(a) to evaluate the performance of City Administrator Dean Zuleger ITEM 16: CLOSED SESSION Present: Mayor Pearson, Council Members Bloyer, Nelson, Smith, and Park Also Present: City Clerk Bell and Associate City Attorney Brekken MOTION: AT 11:24 PM, Council Member Smith moved TO RECONVENE OPEN SESSION. Council Mayor Pearson seconded the motion. MOTION PASSED 5-0. Mayor Pearson provided summary of proceedings: Council approved a 3.7% salary increase for performance. Adjourned open meeting at 11:24 P.M. LAKE ELMO CITY COUNCIL _______________________________________ Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk