HomeMy WebLinkAbout06-18-2013 CCM LAKE ELMO CITY COUNCIL MINUTES June 18, 2013
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CITY OF LAKE ELMO
CITY COUNCIL MINUTES June 18, 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, 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 JUNE 18, 2013 CITY COUNCIL AGENDA
AS PRESENTED. Council Member Bloyer seconded the motion. MOTION PASSED 4-0.
ITEM 1: ACCEPT MINUTES
THE JUNE 04, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS
OF THE CITY COUNCIL.
PUBLIC COMMENTS:
None
SPEAK YOUR PEACE: Mayor Pearson spoke about the Speak Your Peace project. He summarized the last committee meeting and reminded Council, staff, and everyone who signed the pledge to keep it on the collective radar. Mr. Pearson specifically spoke about the Speak Your Peace tennet of Responsibility.
PRESENTATIONS
ITEM 2. WASHINGTON COUNTY SHERIFF UPDATE Washington County Sheriff Deputy Commander Dexter gave overview of the reported crimes since the beginning of 2013. She gave overview of Part I and Part II crimes. Overall, no real increases or anything overly concerned about. Explained that every call creates an incident report, regardless of the type of incident. Cmdr. Dexter highlighted some of the calls that the Sheriff’s Office has spent time on, including the Lake Elmo Oil Co. robbery, the shooting on Hwy 36, etc. Cmdr. Dexter gave overview of traffic accidents. She reported no lake incidents this year so far. Explained the new park deputies and their duties, but park incidents have been very low so far.
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Lake violations were discussed. There was a discussion of part-time (0.5 FTE) deputies and the training process. The meaning of “other offenses” and “sex offenses” were discussed. “Sex offenses” are less than rape. Narcotics and drug issues were also discussed. City Clerk Bell noted that all the monthly incident and citation reports are available on file at the clerk’s office. Cmdr. Dexter explained the new records system. Shared resources with other communities were discussed. Youth Services Bureau was discussed. It was pointed out that a School Resource Officer is now on duty at Lakeland Jr. High.
ITEM 3. YOUTH SERVICES BUREAU UPDATE Mary Planton-Krell, Executive Director of the Stillwater Youth Services Bureau (YSB) spoke about the program. There are three locations- also at Woodbury and Cottage Grove. YSB has been around for over 40 years in the valley and focused on youth, ages 8-18/19. The Bureau works with kids before they get into serious trouble; helps them make better choices in the future. Offers family counseling as well. Tries to teach effective problem solving solutions. Also involved in parent education. Partners with school districts ISD 834/833. YCAPP- Students about to be suspended. Help them identify how they got there and how to get back. It is clear that Lake Elmo using services. YSB served about 97 youth and families in the city last year. 57% increase in referrals; 42% increase in services provided to residents in city. In 2012 - 152 services provided to youth and families in Lake Elmo. Most of the kids are from middle to upper middle income families. It is funded by 45% federal, state, and city funding; 26% client fees which includes insurance (sliding scale). It is rarely at zero level. Remaining 29% is from donors. Municipal funding and fairness was discussed. YSB is asking Lake Elmo to provide $10,000. Purchase service agreement would provide that YSB serves all the kids who need it. Last year’s funding was discussed. The City’s contribution was $0. Restorative justice was discussed. The goal is humanizing crimes and showing the impact on the victim. There are three communities in Washington County not contributing- Mahtomedi, Dellwood, and Lake Elmo. The surrounding communities’ contributions and the services provided to Lake Elmo were discussed. The amount varies greatly from $250 in Afton to $28,000 in Maplewood. Program referrals, jurisdiction, and partnering school relationships were discussed. Other organizations that offer the services were discussed. It was explained that there really aren’t any that compete or offer the exact same services. The impact on the recidivism rate was discussed. YSB beats national average. It was noted that staff and Council will consider a contribution as part of the budget process.
CONSENT AGENDA
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4. Approve Payment of Disbursements and Payroll in the amount of $191,957.94 5. Accept Financial Report dated May 31, 2013 6. Accept Building Permit Report dated May 31, 2013 7. Keats MSA Street and Trunk Watermain Improvements - Pay Request No. 1. 8. Lake Elmo Avenue Infrastructure Improvements: I94 to 30th Street - Approve Plans and Specifications and Authorize Advertisement for Bids; Resolution 2013-47 9. Encroachment Agreement – 5747 Linden Ave 10. Order Abatement Actions – 9447 Stillwater Blvd; 9224 31st St N Mayor Pearson pulled Consent Agenda items 9 & 10 for separate votes.
MOTION: Council Member Smith moved TO APPROVE ITEMS 4-8 OF THE CONSENT AGENDA.
Council Member Nelson seconded the motion. MOTION PASSED 4-0.
ITEM 9: ENCROACHMENT AGREEMENT – 5747 LINDEN AVE Mayor Pearson explained that he pulled this item in order to abstain from voting due to a potential conflict of interest. There was no further discussion by other members.
MOTION: No specific motion was stated, but vote was taken. ITEM PASSED 3-0-1 (PEARSON
ABSTAINED)
ITEM 10: ABATEMENT ACTION City Administrator Zuleger gave summary of two properties and explained the city staff actions to date. The process was discussed. Staff and legal counsel have been working on both of these properties for over a year. A. 9447 Stillwater Blvd – The problem tenants have been legally evicted, but the property is still in need of being cleaned up. The clean up has not been happening fast enough.
MOTION: Council Member Nelson moved TO ABATE 9447 STILLWATER BOULEVARD. Council
Member Bloyer seconded the motion. MOTION PASSED 4-0. B. 9224 31st Street North; discussion of what the abatement would include. At this point, it would not include entry. The main concern at this time is health and safety due to the rampant vermin presence.
MOTION: Council Member Nelson moved TO ABATE 9224 31ST STREET NORTH. Council Member
Smith seconded the motion. MOTION PASSED 4-0. Council Member Nelson left [7:55 PM].
Robert Cusick, 5470 Highlands Trail, spoke about his neighbor. He moved into home in 1983. Mr. Cusick detailed several of his neighbor’s code violations, including nuisance weeds. City Administrator Zuleger explained what City Staff has done to date regarding the property. The property owner is in the process of abating the violations. Council Member Nelson returned [7:58 PM].
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REGULAR AGENDA Mayor Pearson moved to postpone Item 12 – fence ordinance until the next council meeting when all members are expected to be present. Council Member Nelson seconded the motion for the sake of discussion.
MOTION: Mayor Pearson moved TO POSTPONE ITEM 12 UNTIL JULY 02 MEETING FOR ENTIRE
COUNCIL TO VOTE ON ITEM. Council Member Nelson seconded the motion. MOTION PASSED 4-0.
ITEM 11: ZONING TEXT AMENDMENT – SIGN ORDINANCE UPDATE; ORDINANCE 08-082,
RESOLUTION 2013-48 Planning Director Klatt gave summary of the ordinance being brought to council. He explained that it included the updates from the previous workshop. It has been brought to council twice plus the workshop, so he was not going to go through the ordinance language again.
MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-082 ESTABLISHING NEW
SIGNAGE REGULATIONS IN THE LAKE ELMO ZONING CODE. Council Member Bloyer seconded the
motion. MOTION PASSED 4-0. Council Member Nelson thanked staff for its hard work on the item. It is not perfect, but it is a good start.
MOTION: Council Member Smith moved TO APPROVE RESOLUTION 2013-48, AUTHORIZING
SUMMARY PUBLICATION OF ORDINANCE 08-082. Council Member Nelson seconded the motion.
MOTION PASSED 4-0.
ITEM 12: ZONING TEXT AMENDMENT – FENCE ORDINANCE; ORDINANCE 08-083
POSTPONED TO 7/02 (see above)
ITEM 13: ZONING TEXT AMENDMENT – ARTICLE III: ADMINISTRATION AND ENFORCEMENT; ORDINANCE 08-084, RESOLUTION 2013-49 Planning Director Klatt explained the proposed ordinance. The Planning Commission has spent the last month going over it. The proposal establishes the process for administering zoning and permits issuance. Mr. Klatt highlighted the changes and pointed out shortcomings of current code. Explained how it will be brought in line with state statute in several cases instead of having separate city rules that are problematic. Proposal simplifies process and procedures for both staff and the public. Mr. Klatt noted that the design review process had drawn some council feedback. He explained that because the design standards have not been set, staff would be agreeable if Council wishes to pull that section out of the proposal.
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The 2/3 (4/5) vote change for zoning amendments was discussed. State law only requires a supermajority vote for comprehensive plan amendments and rezoning from residential to commercial or industrial. Council Member Smith voiced her discomfort with changing the voting rules specifically in regards to the fence ordinance and the legality of the change. She wants to wait to vote on changing the voting requirements until the next meeting. City Administrator Zuleger explained that this proposal is important because it will govern the administration of the zoning code. The certificate of zoning compliance was discussed. It was explained that the purpose was to minimally regulate certain structures without requiring a permit. It is not intended to be burdensome on property owners, but instead provide city approval or sanctioning for smaller zoning issues. Home occupations and small accessory structures were discussed. There was a discussion of the broadness and scope of the proposed language. Mr. Zuleger explained the reasoning for this. One factor is to provide property owners proof of city sanctioned projects that do not fit neatly within permit process. Mr. Klatt gave tennis courts as example of the code requiring a permit but there is no current permit process. Striking 154.103(G) “Design Review; Demolition” and why it is being removed was discussed. Because the standards manual does not exist yet, it can be reinserted at later date when the manual is developed. Council consensus was to strike it for now. Council Member Bloyer asked about how process would work for zoning compliance permits. Mr. Klatt explained that applicants would be given handouts explaining process. Council Member Bloyer has issue with the term “disturbing” on Page 9, subsection (7). The role of the Planning Commission vis-à-vis the Council was discussed. Conditional use permits were discussed. Mr. Klatt explained that the new zoning re-write actually adds many current CUP businesses to the permitted use list. The remaining CUP businesses have some additional regulation, but for good reason. Council Member Nelson voiced his concern with the vagueness of 154.106(A)(7), (10), and (12). It was explained that some vagueness is required because not every situation or circumstance can be identified beforehand. It was noted that the term “excessive” would allow the council discretion. Council Members Bloyer and Nelson issues with the term “historic” in subsection (12) were discussed. Mr. Bloyer does not want to get into fights over what is considered “historic.” 154.110(C)(1) investigation. Council Members Bloyer and Nelson do not want Director of Planning to be able to investigate on property without first going through judicial process. Standard for obtaining judicial order was discussed. Mr. Zuleger noted that current practice is to pursue judicial process already. That is why it can take and is often taking so long. Council Members want to make sure the City is protecting the residents rights.
MOTION: Mayor Pearson moved TO POSTPONE UNTIL NEXT COUNCIL MEETING. Council Member
Bloyer seconded the motion. MOTION PASSED 4-0.
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Council Member Nelson asked that next version be redlined to identify changes.
SUMMARY REPORTS AND ANNOUNCEMENTS
Council Member Bloyer - no report.
Council Member Nelson - noted staff’s responsiveness. He appreciates the feedback. Wants to trust the private citizens to do the right thing.
Council Member Smith - reported that Lake Elmo Days is Friday 9/7 & Saturday 9/8. Volunteers are wanted.
Council Member Park was not present.
Mayor Pearson reported EDA first meeting on 7/11 at 7PM; library board hired librarian; level two green step award; retreat reminder. The Mayor read email from Council Member Park, in which she reported her resignation effective 7/16. The Mayor would like the replacement council member to attend the retreat. The timing of the retreat, vacancy, and filling of the vacancy were discussed.
City Administrator Zuleger reported status of 2013 Plan of Work, Actively working on 38 items. 17 items are under way, have added some items; working on CIP with Finance Director Bendel; working on fleet replacement policy; readying materials for retreat; MnDNR taking under advisement on possible need for EAW for proposed lake ordinance; lake use survey; developer meetings; park surveys are coming in; working on bonding bill for groundwater issues.
Associate City Attorney Brekken no report.
Planning Director Klatt reported reviewing concept plan on Hammes property; Planning Commission will be reviewing CUP amendment.
City Engineer Griffin reported Lake Elmo sewer project bid award will be coming back to council soon; section 34 water and sewer behind schedule. Trying to reconcile landowner issues; well #4 preconstruction meeting; trunk hwy 36 workshop- will be meeting with state and county. Council Member Nelson asked about engineering costs for Savona project to date. Mr. Griffin explained costs so far. The process and the security were discussed.
Finance Director Bendel not present for reports.
City Clerk Bell working on staffing. Meeting adjourned at 9:30 P.M. LAKE ELMO CITY COUNCIL
_______________________________________ ATTEST: Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk