HomeMy WebLinkAbout05-21-2013 CCM LAKE ELMO CITY COUNCIL MINUTES May 21, 2013
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CITY OF LAKE ELMO
CITY COUNCIL MINUTES May 21, 2013 Mayor Pearson called the meeting to order at 7:00 P.M.
PRESENT: Mayor Pearson, Council Members Bloyer, Nelson, Smith, and Park Also Present: City Administrator Zuleger, Associate City Attorney Brekken, 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 MAY 21, 2013 CITY COUNCIL AGENDA
AS PRESENTED. Council Member Park seconded the motion. Motion passed 5-0.
ITEM 1: ACCEPT MINUTES
THE MAY 07, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF
THE CITY COUNCIL.
PUBLIC COMMENTS: a) Susan Hawkinson, 4891 Olson Lake Trail. She posed a couple of questions from last meeting. She pointed out the Council’s adopted guiding principle #2. She asked Council to be mindful of 1) plan for future to preserve natural and open space, and 2) in a democracy, the will of the majority counts and. Asked Council “why do you believe change in ordinance benefits city when majority of citizens opposed.” In addition, … Council Member Smith responded- She has received a large number of not so nice emails and nice emails. A phone call asked why “majority of residents” are primarily considered when dealing with a public lake. Many residents have to go somewhere else to use a lake. Why do people who live on lake get more of a say.” Another call reported all the parking spots are filled by fishermen. Mayor Pearson said he would personally explain his reasoning to Ms. Hawkinson the next day outside of this meeting if she wishes, but the Council has already spent time publically discussing the issue. Council Member Bloyer spoke about his experience growing up on the lake. He posed the question of how much of a problem use has been. The new rules will actually be a benefit to residents with less congestion. Lake use is mainly limited to the weekend. b) Pat Dean: was going to provide more information from 2011 relating to the lake issue, but chose to forgo his permitted time as he deemed it unnecessary.
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c) Charlie Stockwell - Minneapolis Rowing Club – hosting 110th regatta on Lake Elmo. Working with Washington County and the City to coordinate the appropriate permits. Asked that Council approve the proposed resolution supporting the event. He thanked the Council and the City.
PRESENTATIONS - None
CONSENT AGENDA
2. Approve Payment of Disbursements and Payroll of $175,945.88
3. Accept Financial Report dated April 30, 2013
4. Accept Building Permit Report dated April 30, 2013
5. Keats MSA Street and Trunk Watermain Improvements -Change Order No. 1. 6. Production Well No. 4 -Accept Bids and Award Contract; Resolution 2013-39 7. 2013 Seal Coat Project -Accept Bids and Award Contract; Resolution 2013-40 8. Easement Encroachment Agreement – 5090 Marquess Trail Court North 9. Approve Resolution supporting the 110th NWIRA Championship Regatta on Lake Elmo; Resolution 2013-41 Mayor Pearson pulled consent item 8 in order to abstain.
MOTION: Council Member Nelson moved TO APPROVE THE CONSENT AGENDA AS PRESENTED.
Council Member Park seconded the motion. MOTION PASSED 5-0.
ITEM 8. EASEMENT ENCROACHMENT AGREEMENT – 5090 MARQUESS TRAIL COURT NORTH
MOTION: Council Member Smith moved TO APPROVE EASEMENT ENCROACHMENT AGREEMENT
5090 MARQUESS TRAIL COURT NORTH. Council Member Park seconded the motion. MOTION
PASSED 4-0-1 (PEARSON ABSTAINED)
REGULAR AGENDA
ITEM 10: APPROVE MASSAGE THERAPY LICENSES City Clerk Bell gave summary of the requirements for the City’s issuance of massage licenses. A public hearing is required by city code. Staff waited to hold one public hearing after City Hall received license applications from all known therapists practicing in town.
Mayor Pearson opened the public hearing at 7:12:38 P.M. Mayor Pearson closed the public
hearing at 7:12:54 P.M. There were no public comments.
MOTION: Council Member Smith moved TO APPROVE 2013 MASSAGE THERAPY LICENSES AS
PRESENTED, PENDING APPROVAL BY THE WASHINGTON COUNTY SHERIFF. Council Member Park
seconded the motion. MOTION PASSED 5-0.
ITEM 11: FEE SCHEDULE UPDATE; ORDINANCE 08-079 City Clerk Bell explained the reason for fee schedule update. The main changes were to reflect the restructuring recommended by Northland Securities. Staff also officially added the fee for returned checks. Some clarifying language was added to some of the fees. Some fees were split. The fee splitting and restructuring that was recommended at the related workshop was discussed.
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MOTION: Council Member Bloyer moved TO ADOPT THE ATTACHED ORDINANCE 08-079, AN
ORDINANCE AMENDING SCHEDULE OF MUNICIPAL FEES, AS PRESENTED HEREIN. Council
Member Smith seconded the motion. MOTION PASSED 5-0.
ITEM 12: MUNICIPAL STATE AID SYSTEM -RESOLUTION REVOKING MUNICIPAL STATE AID STREETS AND RESOLUTION ESTABLISHING STATE AID STREETS; RESOLUTION 2013-42, RESOLUTION 2013-43 City Engineer Griffin explained cities with populations over 5000 become eligible for Municipal State Aid. Distributed to cities and counties for use in higher level roads with higher traffic. Old complicated formula to determine amount was based on mileage and needs. Will be removing some non-existing roads. 4.39 miles of roads. New formula is based entirely on average daily traffic. Adding some other roads 4.33 miles of roads. Re-designating Hudson Boulevard from Inwood Ave. to Manning Ave. Resolution 2013- 42 revokes south frontage and village parkway, Kimberly (brand new). Resolution adding Hudson blvd, Laverne. A discussion took place about re-designation of the funds and how the money can be used. Money can be collected and reallocated to a different project unless money has already been expended. Keats Ave. was given as an example where the City cannot reallocate those funds without having to give some back. Allocation is about $300-$400k/year. About 25% of that is put in to General Fund for general street repair. However, this is not enough to maintain all the high caliber roads. It was noted that we will still need to spend additional city funds for various projects.
MOTION: Council Member Smith moved TO APPROVE RESOLUTION NO. 2013-42, REVOKING
MUNICIPAL STATE AID STREETS. Council Member Park seconded the motion. MOTION PASSED 5-0.
MOTION: Council Member Smith moved TO APPROVE RESOLUTION NO. 2013-43, ESTABLISHING
MUNICIPAL STATE AID STREETS. Council Member Bloyer seconded the motion. MOTION PASSED 5-0
ITEM 13: ARTICLE 7 - SPECIFIC DEVELOPMENT STANDARDS; ORDINANCE 08-080,
RESOLUTION 2013-44 Development standards are throughout the entire code. Trying to enhance and clarify for public use and restriction standards. If there are not standards, it can cause confusion. In regards to the proposed standards for drive-through facilities and gas stations, there will still be some type of permit involved at a later stage to give city control. The Planning Commission did amend and approve the proposed ordinance. Council Member Bloyer asked how staff arrived at the numbers used. Planning Director Klatt said that some have come from the Planning Commission. Open space also very common and promotes livability. Group home number at six is a state standard. Mr. Bloyer asked about properties currently not in compliance. Mr. Klatt stated that the ordinance is not retroactive. They would be grandfathered as a non-conforming use. Asked about potential changes with building
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Council Member Nelson asked about the 15 day parking. Mr. Klatt explained it is already in code. Technically it would not allow even customers. Mr. Nelson asked about storage being restricted from a main street. Mr. Klatt stated that it is more related to control and access issue. More to regulate street traffic as opposed to use. Mr. Nelson asked about music? Mr. Klatt explained that because of the mixed use, if next to residential structure, must be noise compliant so that residential uses are not over-burdened. Enforcement and whether ordinance is too limited was discussed. Council Member Bloyer recalled his Grand Ave. experience and does not want to restrict it. It was pointed out that there is also a noise ordinance that will play into it. Staff noted that the purpose is to expand use. Mr. Nelson asked about accessory uses. It was explained that the purpose was to regulate the situation where the principal use does not include general business. The example of an construction equipment rental facility also sells small related items such as tow straps. Mr. Nelson asked about golf courses and why limited to collector road. What about Tartan Park? Staff noted that 20th Street is actually a minor collector road. There was a small discussion of what defined a street as a collector road. Mr. Nelson asked about alley access. Mr. Klatt said that should actually be removed. It does not apply to mixed use. Mr. Nelson asked about solar panels and height restrictions for adjacent properties. Mr. Klatt said he would have to check into it. There may be some state language that the proposal was based on. Council Member Smith noted that neighborhood associations can restrict the use of solar panels. Hers just did that recently. There was a discussion about how deed covenants can be more restrictive than the city code. Mr. Klatt stated that if additional amendments were needed, staff would come back at later date.
MOTION: Council Member Bloyer moved TO APPROVE ORDINANCE 08-080, ESTABLISHING
SPECIFIC DEVELOPMENT STANDARDS FOR MULTIPLE USE CLASSIFICATIONS IN THE LAKE ELMO
ZONING CODE AND AMENDING IT BY STRIKING “OFFICE-RESIDENCE DISTRICT” AND ALSO
STRIKING §154.310(C)(2),(3), AND (4). Council Member Nelson seconded the motion. MOTION
PASSED 5-0.
MOTION: Mayor Pearson moved TO APPROVE RESOLUTION NO. 2013-44, AUTHORIZING
SUMMARY PUBLICATION OF ORDINANCE 08-080. Council Member Bloyer seconded the motion.
MOTION PASSED 5-0.
ITEM 14: APPROVE RESOLUTION FORMALLY ADOPTING A REVISED MOU BETWEEN THE CITY
AND THE METROPOLITAN COUNCIL; RESOLUTION 2013-45 Planning Director Klatt provided summary of the negotiations addressing the Memorandum of Understanding. This resolution is a memorializing of those agreements. It would afford some additional flexibility and move back time-frame. Metropolitan Council afforded five more years to complete work. Will go back and formally adopt changes to MOU. Another important item is that
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the Met Council agreed to not impose wastewater inefficiency fees. The parties are looking to extend the development to 2040 instead of 2030. This change takes pressure off city. Met Council is willing to continue to work with City. The Council congratulated staff for the accomplishment.
MOTION: Council Member Smith moved TO ADOPT RESOLUTION NO. 2013-45, AUTHORIZING
EXECUTION OF A REVISED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAKE
ELMO AND THE METROPOLITAN COUNCIL. Council Member Bloyer seconded the motion. MOTION
PASSED 5-0.
ITEM 15: COUNCIL RETREAT UPDATE City Administrator Zuleger explained the revised proposed retreat agenda. Because there was such a positive response to the last workshop, this retreat will be similar to that format where the council is much more interactive and engaged. It was the consensus of the council that the newly proposed format was preferred. There was a discussion of when the retreat would take place. It was determined that Council will look at the weekends (Friday evening and Saturday morning) of July 19/20 or 26/27 and see which worked best for everyone’s schedules.
No Formal Council Action
ITEM 16: PLANNING COMMISSIONER APPOINTMENTS Planning Director Klatt summarized the current status of the appointment process. Both proposed candidates were interviewed immediately preceding the previous council meeting. It was noted that because the full commission is not usually in attendance, the alternate members end up participating as voting members.
MOTION: Council Member Park moved TO APPOINT DEAN DODSON AS A REGULAR PLANNING
COMMISSIONER AND DALE DORSCHNER AS AN ALTERNATE PLANNING COMMISSION MEMBER.
Council Member Smith seconded the motion. MOTION PASSED 5-0.
SUMMARY REPORTS AND ANNOUNCEMENTS
Council Member Nelson – Reported working with the Firefighters Relief Association board. They board would like to attend a June workshop and then a July Council meeting.
Council Member Smith suggested that council look at an additional stipend for extra meetings. The high and increasing number of meetings is growing more demanding, especially for members with families. Stipends should also be considered for the Planning Commission members. Would like it addressed at next Council meeting.
Mayor Pearson reported attending Gateway Corridor meeting; firefighter appreciation brunch; meeting with staff and developer; library board meeting. Judy Gibson resigned. He thanked Judy Gibson for her work. There is now an open position on Library Board. Invited applicants to apply.
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Council Member Bloyer asked that staff suspend action on parks survey until brought back to Council as part of regular agenda. He would like the Council to discuss the survey. City Administrator Zuleger explained status of the survey work. Staff and parks survey subcommittee has worked on staff survey. Staff expects to get at least 500 back. Expected savings are about $10,000-$15,000. Mr. Zuleger gave a summary of the survey and work thus far. There was concern expressed about the statistical significance and random sample being absent with staff survey. Survey integrity and security aspects were discussed. There was also concern about neighborhoods “loading up” the results. There was discussion about how some parks have never been developed and what the process is to get that neighborhood a park.
Council Member Park thanked staff for all the meetings attended.
City Administrator Zuleger reported attending groundwater/PFC meeting with MPCA. There is a report from MN Dept. of Health indicating a spike on well #1. It is still within enforcement regulations; readying water ordinance to submit to MnDNR. They are currently reviewing electronic versions; have been in developer meetings; Thanked City Engineer Griffin for all his recent work. Many long hours; Mr. Zuleger noted it’s his 15th month here. He thinks city is doing well in communications and citizen engagement. Making many code updates because the code was in such disrepair. Just to bring to normal baseline. Infrastructure repairs, equipment updating/modernizing. Structural repair process needs to continue.
Associate City Attorney Brekken no report.
Planning Director Klatt reported zoning updates coming. Christ church lot split; RAD2 guidance documents; Olson Lake Trail comp plan to Met Council. Village Comp Plan and the MAC airport safety zones. Discussions with MAC. One issue is legal challenges that have happened to airport zoning and the model ordinances city used. Trying to negotiate with union pacific - a new crossing will be allowed, but will have to close 2 other crossings; still reviewing Savona plat. EAW coming to Council in June.
City Engineer Griffin reported Hwy 36 meeting with SRF- MnDOT June 11 workshop with Council; Update with trunk highway 5. Moving ahead with dividing up phases. Working collaboratively. This summer- restriping and resurfacing. Being done later this summer due to activity. City will take lead in public outreach. Alyssa MacLeod and Nick Johnson are coordinating that. Project improvements were not enough to be eligible for SIMS funding. Instead Washington County is taking lead on looking at cooperative agreement and planning turn lanes. MnDOT will be putting in center refuge. The city will be responsible for the flashing beacon. Discussion of what is being pursued - one or two signal lights. Once the crosswalk goes in, there will be a need for the connecting sidewalk; Rain gardens were discussed. Council Member Bloyer asked whose responsibility it is to maintain the rain gardens. Mr. Griffin noted that it is typically the property owner, but issues can provide some shifting of the burden.
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Finance Director Bendel reported enhancing CIP reports in preparation for the 5/28 workshop; dealing with some auditor transition issues.
City Clerk Bell No report. Meeting adjourned at 8:43 P.M. LAKE ELMO CITY COUNCIL
_______________________________________ ATTEST: Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk