HomeMy WebLinkAbout06-04-2013 CCM LAKE ELMO CITY COUNCIL MINUTES June 04, 2013
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CITY OF LAKE ELMO
CITY COUNCIL MINUTES June 04, 2013 Mayor Pearson called the meeting to order at 7:00 P.M.
PRESENT: Mayor Pearson, Council Members Bloyer, Nelson, and Smith. Also Present: City Administrator Zuleger, City Attorney Snyder, Planning Director Klatt, City Engineer Griffin, Assistant City Engineer Stempski, Finance Director Bendel, and City Clerk Bell.
PLEDGE OF ALLIGENCE
APPROVAL OF AGENDA
MOTION: Council Member Smith moved TO APPROVE THE JUNE 04, 2013 CITY COUNCIL AGENDA
AS PRESENTED. Council Member Nelson seconded the motion. Motion passed 4-0.
ITEM 1: ACCEPT MINUTES
THE MAY 21, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF
THE CITY COUNCIL.
PUBLIC COMMENTS: a) Ann Bucheck spoke about the library. Spoke about summer reading program. Begins June 10th; runs for 10 weeks - ends August 17. Involves games, programs, prizes, and author visits. Story time expanded every Friday starts at 10:30. There will be a medallion hunt. Council member Park donated time at her course; Gorman’s donated ice cream; Pinz donated digital bookmark and playtime; Mayor Pearson will be participating in the July 24 power up program. Participants will have the opportunity to challenge the mayor with their tricks; Target donated gift cards; Lake Elmo Bank gave 3 gift certificates; thanked the Lake Elmo Jaycees for their generosity. b) Carole Colfed 3094 Layton Court N. spoke about the petition that she delivered to the city. Problem property involves dog feces odor and loose and aggressive dogs. Hopes city can do something about the situation. c) David Olson 3124 Layton Court N- is a 48 year resident of Lake Elmo. For the last three years, loose dogs have been a problem, aggressive dogs; loud motorcycles. Speeding and volume of cars is an issue. Asked city to do something about the situation. d) Bryan Kindler 3084 Layton Court N – is new family on street. Been here for 6 mos. Grew up in Lake Elmo and has now returned. He has four children. Dog aggressive, chases his children. Doesn’t want to go outside. Wants a safe place to raise kids and have neighbors behave how they should. i. City Administrator Zuleger noted that the City has issued an At-Large Dog citation – asking Sheriff’s Office to possibly look at escalating it to potentially dangerous dog. e) David Lessard 2890 Imperial Ave. Spoke about his neighbor at 2850 Imperial Ave. who is unemployed. He alleged that his neighbor took up auto repair business at home, and there are
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now up to nine vehicles at a time present. Variance was granted to prior owner for parking his boat. Now he has to deal with upset customers and people looking for the business. Reported calling the police in May. Alleged that he sent email to [Rick] Chase. i. City Administrator Zuleger explained the process and assured that the property is on the list of properties the City is addressing. f) Jim Blackford, 9765 45th St. distributed his written comments (entered into record). He spoke about the recent boating restriction amendments. He noted that council is setting precedent. If council votes on personal ideas and ignores the population, future councils can as well. Actions speak louder than words and the recent actions disrespect a large part of city.
PRESENTATIONS Fire Chief Malmquist gave summary report of the year to date fire department actions. Gave overview of service call breakdown. Noted that the new call…. Is working better. Explained mutual aid call numbers; provided training update. City is collaboratively developing mutual aid tender water supply program. Fire Department working with property owner to possibly do a house burn training event. Five probationary fighters have completed all their training. Will bring to council to present soon. Revising training to focus on controllable elements. On-going evaluation of possible dry hydrant locations. Bringing donated tablets online. Annual pump testing/certification. Working closely with building official Rick Chase on inspections. Recruitment- fire department is hiring. 10 people down which translates to 2/3 of full allotment. Need recruits. Chief Malmquist clarified the joint inspections- it is whenever there is a fire aspect involved.
CONSENT AGENDA 3. Approve Payment of Disbursements and Payroll in the amount of $128,369.43. 4. Skid Steer Trade/Upgrade 5. Christ Lutheran Church Minor Subdivision – 3549 Lake Elmo Avenue Resolution 2013-46 6. Liquor License Code Amendment; Ordinance 08-081 7. Fire Relief Association By-laws Amendment 8. Approve Special Event Permit – Go Commando Adventure Race/Team Ortho Foundation at Green Acres Recreation 9. Approve Temporary Liquor License – Team Ortho Foundation Council Member Smith pulled consent items 5 & 6 in order to discuss items.
MOTION: Council Member Smith moved TO APPROVE ITEMS 3, 4, 7, 8, AND 9 ON THE CONSENT
AGENDA. Council Member Nelson seconded the motion. MOTION PASSED 4-0.
ITEM 5. CHRIST LUTHERAN CHURCH MINOR SUBDIVISION – 3549 LAKE ELMO AVENUE RESOLUTION 2013-46 (pulled from Consent) Council Member Nelson recounted how the council passed the previous variance, but the building has not been sold. Going forward, he recommends that the Council take a closer look at those items.
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The past actions by the council, planning commission and staff were discussed. Council Member Smith expressed her continuing discomfort with the situation. She would prefer that the item be send back to staff for further consideration. Planning Director Klatt explained that the variance was approved and it would now be inappropriate to deny the subdivision at this point. The application meets the City criteria. If the Council wants to go back and look at the variance, it can, but that is a separate issue. City Attorney Snyder stated that the City can look at additional conditions if Council desires. The possible options for further consideration were discussed. Mr. Klatt noted that if the conditions for the variance were not met within a year, the variance expires and the applicants would have to start over. This would be a safeguard. The variance requires the granting of easement in the year timeframe. This granting would only come about with a sale to a third party. Mr. Snyder explained that it would be the council’s discretion over whether the language used would be sufficient. Jim Kelly from the church spoke about the church’s efforts in selling the property in order to comply with variance terms. Some potential buyers and consultants have stated that the parking is adequate. He said it has been difficult to sell the property, but that splitting the lot would help sell the property. Mayor Pearson believes the benefits outweigh the risks. Mr. Klatt said the sewer may split the lots regardless.
MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2013-46 APPROVING A MINOR
SUBDIVISION TO ALLOW THE DIVISION OF A PARCEL AT 3549 LAKE ELMO AVENUE INTO TWO
LOTS. Council Member Bloyer seconded the motion. MOTION PASSED 3-1 (SMITH NAY)
ITEM 6: LIQUOR LICENSE CODE AMENDMENT; ORDINANCE 08-081 (pulled from Consent) Council Member Smith recalled that she was the sole vote against Village Wine being approved where it was. She asked why council approved another liquor establishment there when it wasn’t allowed- as it has done with all the other downtown licenses that should not be there. She expressed her frustration that the City has not complied with its own code.
MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-081, AMENDING THE LAKE
ELMO ALCOHOLIC BEVERAGES CODE AS PRESENTED. Council Member Nelson seconded the motion.
MOTION PASSED 4-0
REGULAR AGENDA
ITEM 10: MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT – ANNUAL PUBLIC
MEETING AND ACCEPT THE 2012 MS4 ANNUAL REPORT Assistant City Engineer Stempski presented the municipal storm water permit overview. The City is required by law to obtain this permit. This meeting constitutes the required annual public meeting. Next step is to submit the annual report to the Minnesota Pollution Control Agency. He provided an overview of the implementation of City’s SWPPP in 2012.
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Minimum control measures: #1/#2 - public education , outreach , involvement & participation; #3- illicit discharge detection and elimination; construction site storm water controls; #5 – post-construction storm water management for development and redevelopment; #6 – pollution prevention/good housekeeping for municipal operations. City Engineer Griffin gave update of the MS4 general permit status. It has been passed by MPCA, so City has 150 days to rewrite the 5 year SWPPP. It is due December 29, 1013. New SWPPP will have additional conditions. Mr. Griffin explained the new mandates from the state. Council Member Bloyer asked about which taxes pay for this program. Mr. Griffin said that it is state mandated without any funding. The league has been fighting to lessen the burden on cities. Water capturing was also discussed. Dave Moore, 8680 Stillwater Blvd., asked about situation of runoff from adjoining communities and its impact, such as Oakdale. Mr. Moore complained about Target and McDonalds contribution to the local runoff. Mr. Griffin stated that the volume should be the same and that Oakdale and Valley Branch Watershed would have reviewed the impact. Mr. Moore’s issue is the quality of the water not the volume. Mayor Pearson asked what the cost would be of not doing the permit. Mr. Griffin said the cost would be whatever fight the City would end up in and the possible inability to develop. He said he would look into Mr. Moore’s concerns.
MOTION: Mayor Pearson moved TO ACCEPT THE MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) ANNUAL REPORT FOR 2012, AND AUTHORIZE STAFF TO SUBMIT THIS REPORT TO THE
MPCA BY JUNE 30, 2013. Council Member Nelson seconded the motion. MOTION PASSED 4-0.
ITEM 11: ZONING TEXT AMENDMENT – SIGN ORDINANCE UPDATE; ORDINANCE 08-082,
RESOLUTION 2013-47 Planning Director Klatt explained the proposed amendment. New code language consists of mostly restructuring the subject matter. Major clean up of current code. Planning Commission has approved the code. Easier to administer by staff. New ordinance is actually more permissive. It is more practical and not arbitrary. Model was based on Middleton, WI sign code. Mr. Klatt noted Mr. Bergmann’s letter regarding his concerns. Two-sided signs only apply if more than a foot (12 inches) thick. Council Member Bloyer asked about political signs and real estate advertising. First amendment issues and whether this proposal has been vetted for constitutionality were discussed. Council Member Smith asked if there should be various sign districts. Her belief is that I94 should be different than the Village. The differing areas and flexibility was discussed. Adding a Village district language could be added later. The planning commission suggested that being added. Mr. Bloyer asked about requirement of written consent of the owner for sign permits. It has been the typical practice of the city.
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Whether council should go through proposal line by line or refer it to a workshop was discussed. It was decided that the item be discussed at the workshop.
MOTION: Council Member Nelson moved TO POSTPONE SIGN ORDINANCE UNTIL WORKSHOP
DISCUSSION AND BRING BACK TO COUNCIL. Council Member Smith seconded the motion. MOTION
PASSED 4-0.
ITEM 12: ZONING TEXT AMENDMENT – FENCE ORDINANCE; ORDINANCE 08-083 Planning Director Klatt explained the proposed ordinance. It is a great simplification over current code. He noted light/air provisions. Intention is to be readable and enforceable. Planning commission recommended approval. Council Member Bloyer asked about 1 ft property line restriction. Council Member Smith also had this concern. Mr. Klatt explained the reasoning for the recommendation. The purpose is to ensure that the fence is on the owner’s property. Ms. Smith expressed her concerns with the proposed ordinance, especially allowing a 6 ft solid wall fence in small yards. Mr. Klatt pointed out that any vote will require a 4/5 majority to pass. Mr. Bloyer also asked about temporary snow fence moving to earlier in year so not to conflict with frozen ground.
MOTION: Council Member Smith TO POSTPONE SIGN ORDINANCE UNTIL WORKSHOP DISCUSSION
AND BRING BACK TO COUNCIL. Council Member Nelson seconded the motion. MOTION PASSED 4-0.
ITEM 13: REVIEW OF 2013 LAKE ELMO PARK SURVEY City Administrator Zuleger explained the history of the park survey and reported its status. Mr. Zuleger acknowledged Alyssa MacLeod’s hard work. Mr. Zuleger reported that the staff work has saved about $14,000. Discussion about questions #23 and #24. Council likes the open question. Council Member Smith concerned #7 as no option for water features; #9 concerned about lack of option of waterskiing; #10 “Lake Elmo Nature Preserve”. The Parks Commission changing the name was discussed; #23-24 should they be on the survey? Wants the name of “Sunfish Lake Park” changed back. Mayor Pearson #12/13 wants family language added. He is good with #23-24 as it is. Discussion took place about what to call “Sunfish Lake “Park”. Ms. Smith has concerns that the uses she had fought for, specifically the five acres, will not be allowed with name change. She wants to make sure the park gets used as intended. Council Member Bloyer does not have a problem with lake issues being discussed, but he does not want the issue to continue to draw angst among neighbors.
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Ms. Smith asked that question #30 be changed back to “Sunfish Lake Park.”
MOTION: Council Member Bloyer moved TO ADOPT THE 2013 CITY OF LAKE ELMO PARK SURVEY
AND THE MAILING OF SAME, SAVING ROUGHLY $10,000. Council Member Nelson seconded the
motion. MOTION PASSED 4-0.
ITEM 14: CONVERSION OF ROAD RIGHT OF WAY TO UTILITY EASEMENT ON LEGION AVENUE
NORTH (KUPFERSCHMIDT/TOFT) Planning Director Klatt gave history of the right of way and previous vacation request. A public hearing is required. He gave overview of the new request. He said the planned future sanitary sewer will eventually replace the 201 system currently in place. It was noted that the two property owners in questions were in attendance. Mr. Klatt explained that the previous plat would not meet the current plat requirements. If the vacation is granted, a survey will be required. Council Member Bloyer asked why the City would want to deny the vacation. Mr. Klatt stated because the City does not know what will happen, it needs to be considered.
Al Kupferschmidt showed a map of the gate that PW uses to access the drainage ditch. He expressed his frustrations with using his property. Mr. Bloyer asked if Mr. Kupferschmidt had any issues with the stipulations. He responded that he does not. He did say he has already spent $1,000. Trying to do all he can. Council Member Smith stated she was opposed to residents paying for the surveys. It should be borne by the city.
Rod Toft 11350 12st N, expressed his concern about the setbacks. Mr. Klatt explained why it was at where it was. Mr. Toft wants all his property back that he originally purchased. City Attorney Snyder noted that there are many unopened ROWs all over city and county. Different circumstances can explain why decisions were made. Decisions may have made sense at time. A change of circumstances does not mean a failure of council at the time, just because it now doesn’t make sense presently. Current council must protect those considerations in deciding to vacate. Questions is if there will be a public use. Situation is common. Current and future infrastructure implications on the property was discussed. City Engineer Griffin explained the difference between the ROW and Easement, mainly setbacks. Discussion of whether property can revert back to owners after. Mr. Snyder stated he would like to look into the possibility of reversion further. He would want to discuss with the property owner and engineering. Council Member Nelson stated he would like to do everything at once- vacate ROW and grant reversion to owner. Mr. Klatt stated that staff would need to further investigate because there may be issues or development needs involved.
MOTION: Council Member Nelson moved TO REQUEST THAT THE AFFECTED PROPERTY OWNERS
PROVIDE THE CITY WITH: 1) A SURVEY DOCUMENTING THE EXISTENCE AND LOCATION OF ALL
PUBLIC INFRASTRUCTURE WITHIN THE RIGHT-OF-WAY ADJACENT TO LOT 9, BLOCK 2 AND LOT
10, BLOCK 1 OF THE MYRON ELLMAN SUBDIVISION; AND 2) UTILITY, DRAINAGE, ACCESS, OR
OTHER EASEMENTS DEEMED NECESSARY BY THE CITY ENGINEER IN THE ABSENCE OF A
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PLATTED RIGHT-OF-WAY, PRIOR TO THE CITY MOVING FORWARD WITH A PUBLIC HEARING TO
CONSIDER THE VACATION REQUEST, AND FURTHER DIRECTING STAFF TO EXPLORE OPTIONS
OF REVERSION OF PROPERTY EASEMENT TO OWNERS, SUBJECT TO STAFF REVIEW, AND STAFF
IS DIRECTED AND AUTHORIZED TO COME BACK TO COUNCIL WITH ANY QUESTIONS FOR
FURTHER DIRECTION. Council Member Smith seconded the motion. MOTION PASSED 4-0.
SUMMARY REPORTS AND ANNOUNCEMENTS
Mayor Pearson reported no report.
Council Member Bloyer no report.
Council Member Smith reported reading letter from John Schiltz. It is refreshing. Thanked him for his comments. Ms. Smith read the letter into the record; thanked Alyssa for write-up on her husband in the recent issue of Fresh for his coaching.
Council Member Nelson seconded Anne’s comments on the Schiltz letter.
Council Member Park was not present.
City Administrator Zuleger reported working on drainage report with Mr. Griffin; Fleet replacement plan; refining the CIP; appraisal on two buildings ordered. Keats/Rotary entry Sign; MnDOT roundabout clean up; Speed trailer up; upcoming workshop will be on 4 issues.
City Attorney Snyder reported administrative matter with staff; acquisition of south of 10th property easements; working 9447 Stillwater blvd. is in code enforcement litigation. Property owner brought an unlawful detainer against tenant. Tenant has moved out. Dumpsters are being filled. Issues are being resolved.
Planning Director Klatt reported planning staff working with MAC. Re: airport zoning. Working with MnDOT aeronautics on adopting ordinance that allows development; Lennar EAW comment period ended. Eight comments back from agencies. No individuals. Will be reviewed by staff. Will bring back to council in near future. Engaged with meeting with land owners regarding development; Commission will be looking at zoning code; receiving many variance requests; Comp Plan will be sent to Met Council for review.
City Engineer Griffin reported Keats Ave project has been problem free and progressing; contractor back out finishing 2012 street improvement projects; meeting with SRF for preliminary layouts for Hwy 36 project.
Finance Director Bendel reported enhancing CIP reports in preparation for the 5/28 workshop; dealing with some auditor transition issues.
City Clerk Bell working on data requests, performing legal and property research on public land. Meeting adjourned at 9:56 P.M. LAKE ELMO CITY COUNCIL
_______________________________________ ATTEST: Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk