HomeMy WebLinkAbout03-19-2013 CCM LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2013
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CITY OF LAKE ELMO
CITY COUNCIL MINUTES March 19, 2013 Mayor Pearson called the meeting to order at 7:01 P.M.
PRESENT: Mayor Pearson, Council Members Bloyer, Nelson, Smith, and Park [7:04] Also Present: City Attorney Snyder, Planning Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell
PLEDGE OF ALLIGENCE
APPROVAL OF AGENDA
MOTION: Council Member Smith moved TO APPROVE THE MARCH 19, 2013 CITY COUNCIL
AGENDA AS PRESENTED. Council Member Nelson seconded the motion. Motion passed 4-0.
ITEM 1: ACCEPT MINUTES
THE MARCH 05, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS
OF THE CITY COUNCIL.
ITEM 2: NATIONAL ARBOR DAY/MONTH PROCLAMATION City Clerk Bell explained that Lake Elmo has participated in Arbor Day/Tree City USA project for the past 10 years. Part of participation is for the city council to issue a proclamation declaring Arbor Day and Arbor Month. Mayor Pearson read the resolution.
Council Member Park arrived at 7:04
MOTION: Council Member Smith moved TO APPROVE THE ARBOR DAY/MONTH PROCLAMATION.
Mayor Pearson seconded the motion. MOTION PASSED 5-0.
CONSENT AGENDA 1. Approve Payment of Disbursements and Payroll of $213,557.04 2. Accept Financial Report dated February 28, 2013 3. Accept Building Permit Report dated February 28, 2013 4. Approve Letter of Understanding to join North Metro Mayors Association as an Associate Member; Agreement 5. Zoning Text Amendment - Rural Districts; Ordinance 08-073, Resolution 2013-18 City Clerk Bell noted check #39703 has been voided from the disbursements and Payroll.
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2013
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MOTION: Council Member Smith moved TO APPROVE THE CONSENT AGENDA AS AMENDED.
Council Member Park seconded the motion. MOTION PASSED 5-0.
REGULAR AGENDA
ITEM 8: OLSON LAKE TRAIL SANITARY SEWER EXTENSION IMPROVEMENTS -RESOLUTION
TO ACCEPT AMENDED REPORT AND DECLARE AMENDED COSTS TO BE ASSESSED;
RESOLUTION 2013- 19 City Engineer Griffin explained the amendment to the feasibility report. The amendment entails the addition of Marsha Anderson who resides at 4709 Olson Lake Trail who asked to be included in the project’s first phase instead of waiting for phase II. Because of the way that the costs will be assessed equally, it does not matter in which phase the property is included. However, Mr. Griffin noted that there is a chance that after surveying the project, it will be discovered that the property will not be able to be included. Mr. Griffin stated that City Attorney Snyder recommended adding the property now and removing it from phase I later if it is found to be unfeasible. Staff therefore recommends adding the additional property. The addition will increase the project cost from $128,000 to $141,000, but reduces the City’s carrying costs from $10,500 to $7,100.
MOTION: Council Member Smith moved TO APPROVE RESOLUTION 2013- 19, ACCEPTING THE
AMENDED FEASIBILITY REPORT FOR THE OLSON LAKE TRAIL SANITARY SEWER EXTENSION,
AND DECLARING COSTS TO BE ASSESSED IN THE AMOUNT OF $92,500. Council Member Bloyer
seconded the motion. MOTION PASSED 5-0.
ITEM 9: PUBLIC HEARING: IMPROVEMENT HEARING: OLSON LAKE TRAIL SANITARY SEWER
EXTENSION IMPROVEMENTS -RESOLUTION ORDERING THE IMPROVEMENT AND THE
PREPARATION OF PLANS AND SPECIFICATIONS; RESOLUTION 2013- 20 City Engineer Griffin introduced the item and gave summary of the project. He explained that history of the process and outlined the notices and hearing held. This process was is under MN Stat. §429. Two Oakdale residents petitioned Oakdale for sewer extension. The City of Oakdale asked Lake Elmo to join project. The Lake Elmo portion was not done by petition, but by Council direction. Mr. Griffin noted that this therefore requires a 4/5 vote. Mr. Griffin explained all the associated costs. The total project cost will be $141,000. The project will service seven properties. There are five properties in Lake Elmo. The proposed unit assessment will be $18,500 [2013] as a 15-year levy on taxes. Connections charges are estimated to be $3,500 [2013]. Sewer service connection will be property specific. Future project costs will be indexed for inflation. This will come to an increase of $500 per year. Mr. Griffin explained the next steps of the project and gave the proposed project schedule.
Council Member Smith MOVED TO OPEN PUBLIC HEARING. Seconded by Council Member Park.
Motion Passed 5-0.
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2013
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Public hearing opened at 7:21 PM Tony Heider, 4575 Olson Lake Trail, spoke in favor of sewer extension. State legislature has mandated new septic laws to take effect in 2014. Pine City, which is more rural is sewered. Their lake has actually been cleaned up as a result. He personally has obtained multiple bids. A new mound system was estimated at $22,000 and all payment is due up front.
Council Member Nelson MOVED TO CLOSE PUBLIC HEARING. Seconded by Council Member Bloyer.
Motion Passed 5-0.
Public hearing closed at 7:24 PM
MOTION: Council Member Bloyer moved TO APPROVE RESOLUTION 2013- 20, ORDERING THE
IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS. Council Member Park
seconded the motion. MOTION PASSED 5-0.
ITEM 10: PUBLIC HEARING: ASSESSMENT HEARING: OLSON LAKE TRAIL SANITARY SEWER
EXTENSION IMPROVEMENTS -RESOLUTION ADOPTING FINAL ASSESSMENT ROLL;
RESOLUTION 2013- 21 City Engineer Griffin explained the assessment process. City clerk certifies roll to County for 2014. Another purpose of hearing is to receive objections. Mr. Griffin noted that the available deferment information for hardships was noticed. Assessment will be on five properties over 15 years. Interest rate will be 4%. First installment will be due in January 2014. Payment in full prior to certification to County Auditor will preclude any interest penalties.
Council Member Park moved TO OPEN PUBLIC HEARING. Seconded by Council Member Smith.
Motion Passed 5-0.
Public hearing opened at 7:28 PM Judy Brown spoke on behalf of Joyce Kvaase of 4655 Olson Lake Trail and asked about the future road improvement costs and whether they were included in the assessment. Mr. Griffin stated some of the costs are included because of county involvement. However, the county may change their plans. Ms. Brown also asked about city water. Mr. Griffin said that water is not currently planned. Adjacent Oakdale residents have not recently been interested.
Council Member Smith MOVED TO CLOSE PUBLIC HEARING. Seconded by Council Member Nelson
Motion Passed 5-0.
Public hearing closed at 7:30 PM Council Member Smith commended staff for obtaining the public input. It was noted that another benefit is protecting Lake Olson.
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2013
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MOTION: Council Member Park moved TO APPROVE RESOLUTION 2013- 21, ADOPTING THE FINAL
ASSESSMENT ROLL FOR 2013 OLSON LAKE TRAIL SANITARY SEWER EXTENSION
IMPROVEMENTS. Council Member Smith seconded the motion. MOTION PASSED 5-0.
ITEM 11: LAKE ELMO AVENUE SEWER INFRASTRUCTURE IMPROVEMENTS: I-94 TO 30TH
STREET -AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS AND APPROVE
ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES CONTRACT City Engineer Griffin gave summary of 3/19 workshop. Mr. Griffin provided overview of sewer plan. The City has a $1,000,000 grant that expires in Dec 2014. Because want to have time built in for delays and issues that may arise, staff is asking to start early. The project had been designed earlier in 2010, but the bids were rejected and there were difficulties in obtaining easement agreements. It was noted that following the workshop the Council consensus was in favor of Option B. Council Member Nelson noted that Option B was chosen because of the long term savings. Council Member Bloyer, while having some reservations with the Gravity line costs, concurred. Mayor Pearson voiced his concurrence. Council Member Smith stated she is excited about moving forward after 8 years of hard work.
MOTION: Council Member Smith moved TO APPROVE OPTION B, AUTHORIZING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE LAKE ELMO AVENUE SEWER INFRASTRUCTURE
IMPROVEMENTS FROM I-94 TO 30TH STREET CONSISTING OF A REDESIGN FOR THE TRUNK
GRAVITY SEWER REALIGNMENT WITHIN THE I-94 CORRIDOR; AND APPROVE THE
ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES CONTRACT TO TKDA, INC. IN
THE ESTIMATED NOT TO EXCEED AMOUNT OF $77,200. Council Member Nelson seconded the
motion. MOTION PASSED 4-0-1. COUNCIL MEMBER PARK RECUSED HERSELF BECAUSE SHE
LIVES IN PROJECT AREA
ITEM 12: SOUTH 1/2 OF SECTION 34 (LENNAR PROJECT AREA) WATER AND SEWER UTILITY
EXTENSION IMPROVEMENTS -ACCEPT PETITION AND AUTHORIZE FEASIBILITY REPORT;
PREPARATION OF PLANS AND SPECIFICATIONS; AND APPROVE ENGINEERING REPORT AND
DESIGN SERVICES CONTRACT; RESOLUTION 2013-22, AGREEMENT City Engineer Griffin gave background and overview of project. Area includes 230 acres, 11 parcels/6 owners. City Clerk Bell has certified the petitions. There are several properties who have not signed petition that sewer line will go past, but currently have 100% petition involvement in affected area. Lennar signed the petition as a contract owner. Lennar would be responsible for negotiating with property owners in conjunction with their developer. It was noted that a developer could do this project themselves and then try to recover from neighboring benefiters. Otherwise, developer and surrounding property owners submit a 429 petition as has been done in this instance.
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Mr. Griffin explained the steps to mitigate risk to the City. 1) Developer signs Fee Escrow Agreement to cover engineering and legal costs associated with the project up to the point of establishing the Assessment Methodology and Assessable Costs to each parcel. The City has asked Lennar for fee escrow agreement to secure cost risks. Current projection is $112,000. 2) The property owner for each parcel to be assessed will be required to sign a waiver of Irregularity and Appeal agreement prior to the city undertaking the next step of ordering the improvement. Mr. Griffin explained the proposed timeline of project. Lennar wants to fast-track this project in 2013. The process of the waivers was further discussed. The City will have the option to proceed with any number of the waivers, but the amount will depend on the percentage of waivers obtained. Councilman Bloyer asked about when Lennar closed on properties and who will sign the assessment waivers. City Attorney Snyder stated it will be the property owners who sign the waivers. Mayor Pearson asked about brining Lake Elmo water to area. Mr. Griffin said the Inwood line will be a bigger part of infrastructure. Futher discussion was had regarding what risk the City would bear with the inclusion of the fee escrow agreement and waivers. Mr. Snyder stated that with the escrow agreement and the waivers, the city should not bear any risk because no additional work will be done prior to assessment.
MOTION: Council Member Park moved TO APPROVE RESOLUTION 2013-22, DECLARING
ADEQUACY OF PETITION; APPROVING PRELIMINARY FEE AGREEMENT; ORDERING
PREPARATION OF FEASIBILITY REPORT AND PREPARATION OF PLANS AND SPECIFICATIONS;
AND APPROVING ENGINEERING SERVICES AGREEMENT FOR THE SECTION 34 (LENNAR AREA)
WATER AND SEWER UTILITY EXTENSION IMPROVEMENTS. Seconded by Council Member Nelson.
MOTION PASSED 5-0.
ITEM 13: RE-DESIGNATION OF PLANNING COMMISSION MEMBERS Planning Director Klatt explained that Commissioner Nadine Obermueller has requested that she be re-designated to an alternate position on the Planning Commission. Mr. Klatt also noted that in the past week, Commissioner Greg Hall has resigned from the Planning Commission. Therefore, the Council can move up the two current existing alternates, Rolf Larson and Jay Morealle, to regular positions and Ms. Obermueller down to an alternate. This will leave one alternate vacancy on the Commission.
MOTION: Council Member Smith moved TO APPROVE MOVING COMMISSIONER OBERMUELLER TO
ALTERNATE STATUS AND ACCEPT THE RESIGNATION OF COMMISSIONER GREG HALL. Seconded
by Council Member Park. MOTION PASSED 5-0.
LAKE ELMO CITY COUNCIL MINUTES MARCH 19, 2013
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SUMMARY REPORTS AND ANNOUNCEMENTS PART
Council Member Nelson – no report.
Council Member Smith – no report.
Council Member Park – no report.
Council Member Bloyer reported attending Parks Commission meeting on 3/18. There was good discussion, which included the parks survey. Would like some discussion on what council would like to see in survey. Does not want bias in the questions. Wants it objective. Council Member Nelson noted that in hindsight would prefer to do survey in-house. Council Member Smith asked that the city administrator be present for discussion regarding the parks survey. Survey was different than what she expected. Supported survey because there was money in fund and has not been spent. She believes that the Parks Commission now understands that it is time to act, especially now with development coming. There was discussion about several of the questions, such as demographic info. It was explained that the reasoning given was for a statistically significant survey.
Mayor Pearson attended parks commission meeting. There is an exorbitant amount in Parks fund. Wants direction to parks commission to spend money. Also shares some reservations with the survey itself; Met with EDA applicant. Asked for HR and finance applicants
City Clerk Bell reported meeting with various city services vendors; Reviewing city contracts; Will be attending annual municipal clerk conference.
Finance Director Bendel reported CIP; working on debt service.
City Attorney Snyder reported working on Lennar project; property clean up action.
Planning Director Klatt reported upcoming national planning conference in April. Scheduled webinar on 4/13 at 9:00 AM for Role of Planning Commission; Upcoming Village planning workshop involving parking standards. At April meeting planning to bring back I-94 comp plan for formal adoption. Mayor Pearson noted that he took the League of Minnesota Cities webinar on Land Use and reiterated his desire for the Planning Commission members to also take the course.
City Engineer Griffin reported working on sewer. Washington County has released RFP for Manning Avenue project 2014-2015. County has invited city staff to be involved. MnDOT funding program meeting. There is also MN-DEED funding. City may be able to obtain funding for pedestrian funding from one of those sources. Meeting adjourned at 8:11 P.M. LAKE ELMO CITY COUNCIL
_______________________________________ ATTEST: Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk