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HomeMy WebLinkAbout07-02-2013 CCM LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 1 of 12 CITY OF LAKE ELMO CITY COUNCIL MINUTES July 02, 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, City Attorney Snyder, Planning Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE Council Member Smith in attendance but not present chambers APPROVAL OF AGENDA MOTION: Council Member Bloyer moved TO MOVE ITEM #21 TO THE BEGINNING OF THE REGULAR AGENDA. Mayor Pearson seconded the motion. NO VOTE ON MOTION - APPROVED BY CONSENSUS. MOTION: Council Member Nelson moved TO AMEND THE MOTION BY ALSO PULLING ITEM #8 FROM THE CONSENT AGENDA FOR DISCUSSION. Mayor Pearson seconded the motion. NO VOTE ON MOTION - APPROVED BY CONSENSUS. Mayor Pearson and Council Member Bloyer discussed the desire to pull item #11 for discussion as well. MOTION: Council Member Nelson moved TO APPROVE THE JULY 02, 2013 CITY COUNCIL AGENDA AS AMENDED. Council Member Park seconded the motion. MOTION PASSED 4-0. ITEM 1: ACCEPT MINUTES THE JUNE 18, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. PUBLIC COMMENTS: Ann Bucheck – spoke about the library. She reported that it has been a successful month of June. Summer reading program for children has been going well. She thanked Lake Elmo Jaycees for their generous support and contribution. On July 4, the library will be open from 10AM-2PM. The Library will be a part of the parade as well. Invited all library members and patrons to join in the parade. July 9 starting Poetry at the Picnic Table event. July 10 Gary Bancroft author of Betsy’s Day At The Game will be at the library. Other events on July 17. July 24 Power Up for Kids. Chomp the Carrot will be there and Mayor Pearson will be challenged to do tricks with a kendama. A new Library Director named Linda Orsted has been hired. She will be starting on July 15. Council Member Smith returned to chambers [7:05]. SPEAK YOUR PEACE: LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 2 of 12 Council Member Nelson spoke about the Speak Your Peace project. He specifically spoke about the Speak Your Peace tenet of Common Ground. This entails a healthy respectful discussion about the subjects you disagree on. Seek what you agree on and be respectful about what you differ. Mr. Nelson cited several recent examples. PRESENTATIONS ITEM 2. HUFF N’ PUFF DAYS PROCLAMATION Big Mike Slobodnik spoke about the upcoming Jaycees annual event. He asked for the council’s support. He also asked for the Mayor’s participation in the softball game. Mayor Pearson read the proclamation declaring the second week in August to be Huff n’ Puff Days. Mr. Slobodnik also requested that the Council waive the liquor license and park lights fees. City Clerk Bell confirmed that was included in the Item #6 request. ITEM 3. QUALITY STAR AWARD City Administrator Zuleger presented the quality star award to Beckie Gumatz. She recently assisted with three vital city projects: Valley Cartage/MNDEED grant. There will be a ribbon cutting on July 16 at 3PM; Beckie assisted on the surface water ordinance amendment; and the 2014 state bonding bill. Staff would not have been able to complete those projects in the timeframe needed without her help. ITEM 4. STORM DAMAGE UPDATE City Administrator Zuleger gave update on the storm damage and clean-up status. He explained the actions taken by the city and the city’s assessment of the damaged areas. Over 500 trees down in the community, which is significant for city our size. He thanked Xcel for their hard work. Council Member Bloyer asked about instituting a policy to address abuses of City’s help. Mr. Zuleger responded that health and safety were a priority, but because it had not happened in a while, there was not a ready plan. However, going forward there will be a plan/process in place. An after action meeting will be held to discuss the process. Mayor Pearson commended staff public works/fire crew on its efforts. He also agreed that it would be prudent to have that discussion about a policy. CONSENT AGENDA 5. Approve Payment of Disbursements and Payroll in the amount of $459,381.20 6. Approve Temporary Liquor License for Jaycees – Huff ‘n Puff Days 7. Professional Engineering Support Services Consulting Pool – Approve Updated Pool to Add EOR in the area of Surface Water 8. Tree Service Ordinance; Ordinance 08-083; Ordinance 08-084, Resolution 2013-50 9. Approve Variance – 4719 Olson Lake Trail; Resolution 2013-51(50) 10. Approve IUP Renewal - Country Sun Farms LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 3 of 12 11. Parks Commission Appointment MOTION: Council Member Smith moved TO PULL ITEM 10 FROM THE CONSENT AGENDA FOR DISCUSSION. Mayor Pearson seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Smith moved TO APPROVE ITEMS 5, 6, 7, 9, OF THE CONSENT AGENDA. Council Member Nelson seconded the motion. MOTION PASSED 5-0. ITEM 8: TREE SERVICE ORDINANCE; ORD. 08-083; ORD. 08-084, RES. 2013-50 City Clerk Bell explained the reason that this proposed ordinance was being brought forward. The fee schedule contains a fee for licensing tree service contractors. However, there is no ordinance in the code that staff can find that authorizes the City to license those contractors. This is outside of work in the right of way. Mr. Bell explained that regardless of what council chooses to do, adopt or reject the proposed licensing ordinance, the fee schedule needs to be addressed. Council Member Nelson stated he was not in favor of licensing. It should be on the individual to check for insurance. MOTION: Mayor Pearson moved TO APPROVE ORDINANCE 08-083, AN ORDINANCE ESTABLISHING LICENSING AND REGISTRATION REQUIREMENTS FOR OTHER COMMERCIAL ACTIVITIES. Council Member Park seconded the motion. MOTION FAILED 0-5. Mr. Bell reiterated that because Council rejected the proposed ordinance, it now needs to remove the fee from the municipal fee schedule by adopting Ordinance 08-084 MOTION: Council Member Bloyer moved TO ADOPT ORDINANCE 08-084, AN ORDINANCE AMENDING MUNICIPAL FEES. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 10: APPROVE IUP RENEWAL - COUNTRY SUN FARMS Council Member Smith related her discussions with Mr. Bergmann regarding the addition of bouncers. She asked for clarification on the IUP and the CUP. Planning Director Klatt explained that they were separate and covered different aspects. MOTION: Council Member Smith moved TO APPROVE A RENEWAL OF THE INTERIM USE PERMIT FOR THE COUNTRY SUN FARM AND GREENHOUSES AND TO AUTHORIZE EXECUTION OF A REVISED CONSENT AGREEMENT TO REFLECT AND EXTENDED TIME PERIOD FOR THE INTERIM USE. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 11: PARKS COMMISSION APPOINTMENT Council Member Bloyer noted his excitement to see someone so young show his interest in government. Council Member Smith also expressed her opinion that it’s great such young person was interested. It can add a different perspective. There is no age requirement. “Kudos to him.” LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 4 of 12 MOTION: Council Member Bloyer moved TO APPOINT JACOB SILVERNALE OF 11751 58TH STREET NORTH AS 2ND ALTERNATE ON THE PARKS COMMISSION. Council Member Park seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 21: OLSON LAKE/LAKE DEMONTREVILLE ORDINARY HIGH WATER MARK – NO WAKE DECISION City Administrator Zuleger explained the history of the OHW mark. DNR standard is at 929.33 feet. 2011 council passed 929.7 OHM. Lake owners, Valley Branch Watershed District, and MnDNR all concerned. Long Lake is close to over-dumping in our lakes. Mr. Zuleger asked that council in the spirit of what council previously did this spring, pass a slow/no wake OHW elevation provision until the level recedes below. DNR has written letter expressing support for the no wake call. Staff has been working closely with VBWD and DNR. Gary Fields 4751 Olson Lake Trail spoke about his experience viewing the high water and erosion. He asked for responsible stewardship of the lakes. Jerry Goracki 8241 Hidden Bay Trail spoke about the high water levels. Alleges the lake level is up. Claims the weir may be plugged. Mr. Zuleger noted that VBWSD is aware of the possible plugging and is investigating. What specifically is being requested and who has the authority was discussed. The 5 day period before/after the no wake decision was discussed. Mr. Zuleger stated the DNR does not like it. Council Member Bloyer is in favor of removing the 5 days from the ordinance. The history of the OHW mark levels was discussed. City Attorney Snyder recommended that council provide the city administrator the authority to determine removing the no wake so there is a clear decision and record of decision making process. Mr. Zuleger explained his decision making process. Council Member Nelson reported his experience over the weekend viewing the water. He did not report any visible erosion or damage. Mr. Bloyer reported that Mr. Zuleger recommend Council imposes no wake on Olson Lake & Lake Demontreville until level drops below 929.7 as confirmed by the city administrator. MOTION: Council Member Smith moved TO IMPOSE NO WAKE ON OLSON LAKE & LAKE DEMONTREVILLE UNTIL LEVEL DROPS BELOW 929.7 AS CONFIRMED BY THE CITY ADMINISTRATOR. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. Mr. Bloyer asked what the current status of the legal fees [incurred over the recent data requests vis a vis the surface use ordinance amendment.] Mr. Zuleger reported it is about $11,000.00 including legal and staff expenses. ITEM 12: 2012 FINAL AUDIT REPORT REVIEW LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 5 of 12 (Postponed by staff to 7/16/2013 meeting) ITEM 13: APPROVE 2013/2014 CIP Finance Director Bendel summarized the 2013/2014 CIP. Council Member Nelson discussed that the water fund is responsible to make the payments. Must be mindful that if development does not happen, City can be on the hook. Mayor Pearson noted that there are grants and other funding items to consider. The City cannot ignore that. Council Member Smith said she felt more comfortable than she did a year ago. If that wasn’t the case, she would not feel as comfortable. Exciting now that the development is here. Council Member Park noted that the numbers presented at the workshop were conservative. MOTION: Council Member Nelson moved TO APPROVE 2013 PORTION OF THE 2013-2018 CAPITAL IMPROVEMENT PLAN. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 14: APPROVE BONDING LEVEL Finance Director Bendel summarized the proposed bonding level. The numbers are lower than the project due to grant funding that Griffin obtained. The true numbers will be closer to $1.6 million. The bonding on the Section 34 project is 100% assessed, so there will be no levy impact. There was no discussion or questions. MOTION: Council Member Smith moved TO APPROVE ISSUANCE AND SALE OF G.O. IMPROVEMENT BONDS. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 15: ZONING TEXT AMENDMENT – FENCE ORDINANCE; ORDINANCE 08-085 Planning Director Klatt explained the history of the proposal and the updated proposal and the alternative proposal. There have been two previous council meetings and a workshop that involved this item. Council Member Bloyer asked about the old fence code involving running fences into lakes. Mr. Klatt said it may have been included in the shoreline ordinance, but he would check. Council Member Smith asked about alternate (e)(2) should read “fence” and not “wall.” It is addressed in (e)(3). Mr. Klatt confirmed that the term “wall” could be removed. Ms. Smith explained her frustration regarding the fence ordinance history. She was not on council yet, but there was a year of planning commission meetings creating current ordinance. Current language is unclear and should be clarified, but not substantially changed. All through the process, this previous year of work has not been considered. Allowing fences over 6 ft goes against the open space nature that the city wants. Council Member Park asked about if someone could obtain a variance to construct a 6ft fence. Mr. Klatt answered in the affirmative. Mr. Bloyer asked about previously adopted language allowing screening fences and whether that was needed or included. Mr. Klatt explained it was not included, but could be easily added back at a later date. LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 6 of 12 Nancy Bielenberg 12115 Marquess Lane North spoke on the fences. Owns smaller lot (1/3 acre). Move because her and husband like the open feeling. Claimed Woodbury looks like a sea of fences. Developer was going to line properties with trees. Not in favor of allowing 6ft fences. Would chop up the neighborhoods. Invited council to come and view the neighborhood. Jay Johnson 12153 spoke on fences. Claimed to be energized about fences, though perhaps not as much as his spouse [Council Member Smith]. Stated he has lived in areas with fences. Noted previous council came and viewed his property. Mr. Johnson urges council not to change the code to allow 6ft fences. Supports property rights and lean government but you have to consider the community. Mayor Pearson asked what other communities have. Mr. Klatt stated that all the surrounding cities allow 6ft. Ms. Smith said to look at the small communities not the larger cities. She claimed that none of the smaller cities allow 6ft fences. Those are the cities Lake Elmo should look to. She also presented some pictures of her property and the fence situation. MOTION: Council Member Park moved TO APPROVE 085A AS AMENDED- STRIKING “ON ANY LOT UNDER ½ ACRE (21,780) IN SIZE.” Council Member Smith seconded the motion. MOTION FAILED 2- 3. (PEARSON, NELSON, AND BLOYER - NAY) Mr. Pearson stated that he has a different perspective. He believes that fences can look nice. Urged council to look at in a macro city-wide fashion instead of a Problem properties can be good reasons and would be reasonable in his opinion. He does not believe that it will be a problem. Some residents may want that higher level of privacy. Neighbor issues, kids. Good fences make good neighbors. Acknowledged that Ms. Smith’s opinions are reasonable, but he disagrees. Ms. Smith noted that some fences are grandfathered in. Also available is the variance process. Not need a hardship, but a practical difficulty. Mr. Pearson responded that variances would have same impact of changing the character of the neighborhood. He stated he was glad the ¼ lot was pulled. It would be unfair to some property owners. Mr. Bloyer in agreement with Mayor Pearson. Strongly in favor of individual property rights. Cannot support Council Member Park’s amendment because he would want to allow as many people as possible to be allowed to have a 6ft fence. Alternate A was discussion and clarified. City Administrator Zuleger made point of clarification to clarify the motion. Reminded council 4/5 vote is required. Council Member Nelson is opposed to Alternate A. in favor of Ordinance 08-085. Not up to council to choose what fence people choose. Not everyone will choose 6ft fence. Ms. Smith asked why have any height restriction? Mr. Pearson noted that it has probably been found to be reasonable. Ms. Park noted that the height restriction only applies to solid wall fences. Ms. Smith explained her motion which included adding back in the exceptions language. LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 7 of 12 MOTION: Council Member Smith moved TO APPROVE 085A AS AMENDED ADDING PRIVACY FENCE EXCEPTIONS FOR STREET FRONT/STREET BACK PROPERTIES AND HOT TUB SCREENING IN PREVIOUS CODE. The motion did not receive a second. MOTION FAILS FOR LACK OF SECOND. Mr. Pearson noted that other cities do not have problems. Ms. Park asked if current code has any language addressing lot size. Mr. Klatt stated that it does not. Mr. Pearson asked that those who oppose the expansion go view problem properties. Ms. Smith said it is inappropriate that one example of a problem property would be used. She stated that that one person could obtain variance. Ms. Smith noted that she is appalled that this item was brought up again after the past work. Mr. Nelson reiterated that he is in favor of property rights and it is evident that there are people who want to have 6ft fences, it is not appropriate to tell them what to do with their property. Jay Johnson rebutted that claim by noting that it seems contradictory to tell people what they can and cannot do with their properties when it comes to problem properties, but not with fences. Mr. Nelson stated that health and safety reasons allow the city to make the distinction. MOTION: Council Member Pearson moved TO APPROVE ORDINANCE 08-085 AS PRESENTED. Council Member Nelson seconded the motion. MOTION FAILS 3-2 (SMITH AND PARK - NAY). LACK OF REQUIRED 4/5 SUPERMAJORITY. Mr. Nelson explained that the fence needs to be fixed. Ms. Smith asked that the old code be cleaned up and not gutted. She has problem with the process it has come up. City Attorney Snyder reminded the council that they are entitled to individual views, however agreement may never take place so Council may want to focus on other areas. Mr. Pearson disagrees with the backhanded accusation. Ms. Smith denied using that language and restated her desire to have had the Planning Commission review the proposal and find another option. Ms. Park offered to amend Mr. Nelson’s motion by adopting the proposed ordinance but leaving the current height language. Mayor Pearson said that the amendment was not closely related enough to be an amendment. Mr. Bloyer asked for a compromise. MOTION: Council Member Nelson moved TO ELIMINATE CURRENT FENCE ORDINANCE IN ITS ENTIRETY. Council Member Bloyer seconded the motion. MOTION FAILS 3-2. (SMITH AND PARK – NAY). LACK OF REQUIRED 4/5 SUPERMAJORITY. Mr. Klatt noted that the options were to send back to Planning Commission; give direction to Planning Commission; or pass something tonight. It is only a part of a much larger zoning rewrite. Mr. Snyder noted the option of variances and certificate of compliance. Ms. Park wants to again make her motion. LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 8 of 12 MOTION: Council Member Park again moved TO APPROVE 085A AS AMENDED- STRIKING “ON ANY LOT UNDER ½ ACRE (21,780) IN SIZE.” The motion did not receive a second (no second was called for). MOTION FAILS FOR LACK OF SECOND. Mr. Snyder noted that the variance can easily be granted, but rarely can be denied. Certificates of compliance are much easier to administratively grant and easier/cheaper for resident to obtain. Mr. Zuleger recommended that the ordinance be sent back to Planning Commission. The Planning Commission will then resubmit to council. MOTION: Council Member Smith moved TO POSTPONE TO A LATER COUNCIL MEETING. Council Member Park seconded the motion. MOTION PASSED 5-0. Council Member Bloyer called for point of privilege. Meeting recessed at 9:09PM Meeting reconvened at 9:12PM ITEM 16: ZONING TEXT AMENDMENT – ARTICLE III: ADMINISTRATION AND ENFORCEMENT; ORD. 08-086, RES. 2013-52 Planning Director Klatt explained the proposed ordinance and related the historical action. Mr. Klatt summarized the changes since last meeting. Change to the design standard language. He stated that staff must get permission before entering property or follow judicial process. Council Member Nelson asked about the certificate of compliance process. Mr. Klatt explained that it would combine the current process with the anticipated future process. Council Member Smith asked about the 4/5 requirement. It was explained again that because the rewrite does not include it, it would not survive and the code would simply follow the state law of requiring simple majority except for the limited situations of major rezoning or comp plan amendments. Mr. Nelson asked about the “disturbing” language item on page 8, #7. Mr. Klatt said it could be removed. Mr. Nelson also asked about removing the historical language. Legal status of entering property was discussed. City Attorney Snyder stated that the law allows staff to enter on property and even walk around the property without trespassing. Once the owner Council Member Bloyer stated that he has struggled, but currently supports keeping the 4/5 requirement because he is in favor of slowing down government action. Council Member Smith is in favor of keeping 4/5 vote. Mayor Pearson and Council Members Park and Nelson are in favor of going to simple majority. Mr. Bloyer is not hung up on the 4/5 issue. “Historic” language was discussed. Ms. Smith wants to preserve historic buildings in Lake Elmo. Mr. Klatt explained meaning of historic term and that removing the term would not have great impact because there is not anything historic in Lake Elmo. LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 9 of 12 MOTION: Council Member Nelson moved TO APPROVE ORDINANCE 08-086, ESTABLISHING NEW ADMINISTRATIVE PROVISIONS IN THE LAKE ELMO ZONING CODE AMENDED AS FOLLOWS: STRIKE PAGE 6, SUBSECTION (G); PAGE 8, #7 REPLACE “DISTURBING” WITH “NUISANCE DEFINED BY CODE”; AND STRIKE #12 “HISTORIC” FEATURE LANGUAGE. Council Member Park seconded the motion. MOTION PASSED 4-1 (SMITH - NAY) Council Member Smith noted for record that she voted nay because of 4/5 vote change. MOTION: Council Member Pearson moved TO APPROVE RESOLUTION 2013-52(51), AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-082. Council Member Nelson seconded the motion. MOTION PASSED 4-1 (SMITH – NAY) Council Member Smith noted for record that she voted nay again because of 4/5 vote change and wants to stay consistent. ITEM 17: APPROVE AMENDMENT OF CUP - COUNTRY SUN FARMS; RES. 2013-53 Planning Director Klatt explained the overview of the Conditional Use Permit amendment. It mainly involved adding children’s inflatable bouncers to the site. Planning Commission recommended approval. Mayor Pearson asked about future applications for the same type of activity. Mr. Klatt explained that it would be processed similarly if not a main part of business. As long as it met the criteria, it would be subject to approval. MOTION: Council Member Bloyer moved TO APPROVE RESOLUTION 2013-53(52) APPROVING AN AMENDMENT TO THE COUNTRY SUN FARM AND GREENHOUSES CUP TO ALLOW CHILDREN’S INFLATABLE BOUNCERS. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 18 HAMMES ESTATES SKETCH PLAN REVIEW Planning Director Klatt explained the overview of the proposal. He noted the applicants are present and would like to speak. The proposal is located in the past gravel pit site. There is a current reclamation plan in place. That would be replaced by whatever council approves. Mayor Pearson asked for clarification on the reclamation. Mr. Klatt explained that there would be a certain amount of time for property to be reinstated as usable. Tim Freeman and Todd Erickson from Folz, Freeman, Erickson, Inc. presented the proposal. The stated they are representing the Hammes family. They noted that they wanted to be on board for when the sewer is built. They pointed out the changes that have taken place since the proposal submitted to staff and what was included in the council packet. They claimed to have been working with the public, Planning Commission, and will be working with the Parks Commission soon. They noted the long cul-de-sac street. Council Member Nelson asked about the length. It was stated to be about 800 ft. City Administrator Zuleger pointed out the effort to create a buffer from Stonegate neighborhood with larger lots and the green space. It would be a mixture of national and custom builders. Lot LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 10 of 12 sizes were discussed. Council Member Smith noted that she liked what was done with the open space feeling preservation. Mr. Freeman noted his desire to get council input. Mr. Pearson asked about Planning concerns. Mr. Klatt stated that the cul-de-sac does not currently meet code. That item and the streets would need to be further discussed. Council Member Park asked about other communities’ average length of cul-de-sacs. Mr. Klatt said it varies, but most are about 1000’. Mr. Freeman pointed out that Washington County allows ½ mile length if 20 or fewer homes. He also pointed out that plans need to be economically feasible. Mr. Pearson wants the issues such as cul-de-sacs and streets work out. Mr. Klatt stated that those types of issues would have to be addressed and worked out with the county. Additional buffering from Keats Ave. was discussed at Planning Commission. Mr. Freeman pointed out that because it is a county road, the Right-Of-Way is wide. It is FFE’s opinion that no additional buffer is needed. No planned buffer is being proposed at this time. Plans are to build up to ROW. The development’s streets and possible traffic and speeds were discussed. FFE Plans to present at the July 15 Parks Commission meeting. Neighborhood meeting will take place after that. ITEM 19: APPROVAL OF THE SAVONA PROJECT ENVIRONMENTAL ASSESSMENT WORKSHEET AND FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT; RES. 2013-54 City Administrator Zuleger summarized planning’s work on the item. Staff recommends a negative resolution that states no EIS is needed. The resolution was summarized. MOTION: Mayor Pearson moved TO APPROVE RESOLUTION 2013-54(53) APPROVING THE SAVONA EAW AND FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 20: ADDITIONAL STIPEND FOR CITY COUNCIL FOR WORKSHOP PARTICIPATION (SMITH/PARK REQUEST); RES. 2013-55 City Clerk Bell explained the item. Council Member Smith explained her reasoning for the request. The workload has increased. When she started eight years ago there were no workshops and only the two meetings a month. She would like to get rid of workshops altogether, but acknowledged that they will probably be needed. She noted that some other planning commissioners have quit over various issues, but this may incentivize some to stay. Some other planning commissions do pay their members. Council Member Park is in favor of Council and Planning Commissioners receiving stipends. The amount of time the officials spend justifies additional compensation. She stated she is in full support of item. Finance Director Bendel noted that it has been directed that City Staff will not receive raises. Mayor Pearson acknowledged that fact and also does not want to give more incentive to put more business on to workshops. LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 11 of 12 The history of staff raises and the percentages were discussed. The previous Council increase was also discussed. Scheduling workshops was discussed. City administrator Zuleger noted that the workshops are called for by Council and not staff. The July 9th workshop is cancelled as a matter of fact. Mayor Pearson stated that it looks bad. Park asked if it could be optional. MOTION: Council Member Park moved TO APPROVE RESOLUTION 2013-55(54) AS AMENDED BY MAKING STIPEND OPTIONAL. Council Member Smith seconded the motion. MOTION FAILED 2-3 (PEARSON, NELSON, BLOYER - NAY). DISCUSSION OF OLD PARKS BUILDING STATUS City Administrator Zuleger – reported what has been taking place with the old park bldg. It has been appraised, but difficult to determine actual value. This discussion could be placed on a possible workshop agenda? Still trying to obtain an appraisal for the arts bldg. The location of future fire departments was discussed. Council Member Nelson would like a workshop. Council Member Smith is opposed to selling the property for small amount of money without knowing what the real value is. Council Member Park would like to look at possibly leasing the property. The Mayor directed Staff to inform the purchaser that if the City decides to sell it, it will be later in time SUMMARY REPORTS AND ANNOUNCEMENTS City Administrator Zuleger – reported upcoming July 11 meeting of EDA; 7/26 staff council retreat; 7/9 workshop is cancelled; Worked with Finance Director Bendel and City Engineer Griffin on CIP; Bonding bill; working on storm clean up and lake levels; and discussion of developers escrow agreement. Mayor Pearson – wants to discuss storm response and wants plan in place for future. Council Member Bloyer – also wants the city to look at storm response. Wants a process in place. Believes that there were abuses by some people. Was out on Lakes Sunday and looked at property on Olson/Demontreville. While on the lake, he witnessed wake violations. Enforcement on lakes and wake creation was discussed. Mr. Zuleger explained that there is a desire for wake restriction, but there is a reluctance to report neighbor. Council Member Park – no report. Council Member Nelson – no report. Council Member Smith – no report. City Attorney Snyder - reported finalizing easement agreements; worked on administrative code enforcement efforts; received ruling of MN Court of Appeals disqualification of State’s Attorney. Can discuss further in executive session. Planning Director Klatt – reported continuing to work on the Savona preliminary plat review. City Engineer Griffin – reported receiving bids on Olson Lake Trail. The bids were 45% higher than anticipated. Have looked at line item by item to determine what can be the issue. Looking to bring back as possibly part of larger project. Looking at other options; Met with county regarding putting together RFP for regional drainage study for Village. LAKE ELMO CITY COUNCIL MINUTES July 02, 2013 Page 12 of 12 Finance Director Bendel – reported that the audit is completed. Will presented on 7/16. Behind on budget, but will make it up. Working on bonding. Levy money ($1.7 Million) is coming in on 7/3. City Clerk Bell reported hiring Office Administrative Assistant. Her name is Stacy Bodsberg. Start date is 7/15, over 250 applicants. Actually closed the posting early due to the overwhelming number of applicants. Many qualified applicants. Interviewed about 10 applicants; Council needs to select a date for first City Council meeting in November due to the ISD 834 special election. Meeting adjourned at 10:48 P.M. LAKE ELMO CITY COUNCIL _______________________________________ ATTEST: Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk