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HomeMy WebLinkAbout08-20-2013 CCM LAKE ELMO CITY COUNCIL MINUTES August 20, 2013 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES August 20, 2013 Mayor Pearson called the meeting to order at 7:00 P.M. PRESENT: Mayor Pearson, Council Members Bloyer, Nelson and Reeves ABSENT: Council Member Smith Also Present: City Administrator Zuleger, City Attorney Snyder, City Planner Johnson, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Council Member Nelson moved TO APPROVE THE AUGUST 20, 2013 CITY COUNCIL AGENDA. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 1: ACCEPT MINUTES THE AUGUST 06, 2013 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE CITY COUNCIL. PUBLIC COMMENTS: Hank Gray, 231 Everett Street N. Stillwater, spoke on mountain biking in Sunfish Lake Park. He introduced Matt Trumper, high school junior and member of Nordic Ski Team, and Davis Gray, senior captain on ski team. Both boys are members of new mountain biking team. Mr. Gray outlined the request- 15-30 members consisting of junior high to seniors in high school are on team. Request would be for one day for 2 hours per week for 8 weeks in the park. There is a limited area close by that provides safety for students. Still use Lake Elmo Park Reserve. Estimated 15 riders at the most. He also offered two days of service in park to clean and clear trails. The team would work with City to minimize any minimal impact. Team is very respectful of park and its beauty. Also want to teach kids how to be stewards of environment. Does not want a fight and will respect whatever decision the council makes. Mayor suggested that Mr. Gray speak to the Parks Commission. Council Member Bloyer took issue with waiting because it will be another 4 weeks before Parks Commission meets again. The Mayor thinks it would be a great use, but reiterated that he thinks the Parks Commission should be consulted. All Members were of the opinion that the group’s request was reasonable. Council Member Reeves asked about the condition of the trails after the recent storms. City Administrator Zuleger said there are still some treacherous spots, but Public Works is working on it. What the Land Trust would allow for use was discussed. Mr. Zuleger said that the Land Trust has classified biking as an active activity and easement only allows passive. The issue and request was referred to the Parks Commission. LAKE ELMO CITY COUNCIL MINUTES August 20, 2013 Page 2 of 6 SPEAK YOUR PEACE: Council Member Bloyer postponed item to the next meeting. PRESENTATIONS Fire Chief Malmquist introduced the probationary firefighters: Dominic Jara, Chris Supan, Alex Hilpisch, Tom Hilpisch and Rick Gimpel. MOTION: Council Member Reeves moved TO PROMOTE PROBATIONARY MEMBERS DOMINIC JARA, CHRIS SUPAN, ALEX HILPISCH, TOM HILPISCH, AND RICK GIMPEL FROM PROBATIONARY TO FIREFIGHTER STATUS. Council Member Nelson seconded the motion. MOTION PASSED 4-0. The newly promoted firefighters recited the oath. Chief Malmquist then introduced Chaplain Richard “Woody” Glanzer. Just hired 100th fire fighter. Department is still actively recruiting. CONSENT AGENDA 1. Approve Payment of Disbursements and Payroll in the amount of $612,777.64 2. Accept Financial Report dated July 31, 2013 3. Accept Building Permit Report dated July 31, 2013 4. 2012 Street and Water Quality Improvements – Pay Request No. 5 (Final) 5. 2013 Seal Coat Project – Pay Request No. 1 (Final) 6. Keats MSA Street and Trunk Watermain Improvements – Pay Request No. 3 7. Production Well No. 4 – Pay Request No. 1 MOTION: Council Member Nelson moved TO APPROVE THE CONSENT AGENDA. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. REGULAR AGENDA ITEM 10: ADOPT ZONING AMEND. – LANDSCAPE ORDINANCE; ORD. 08-087, RES. 2013-65 City Planner Johnson provided an overview of the proposed landscaping ordinance. It would replace the City code sections involving preliminary plat (153.07), open space preservation (150.180), and site and building plan review (151.070). He reported that the Planning Commission supported but wants to make sure the ordinance had the sufficient enforcement teeth. Mr. Johnson identified the key goals: Unified set of consistent standards/requirements; perimeter and interiors of parking lots; establishment of a baseline for screening; and establishment of a financial security requirement to ensure performance of the landscape plan. It was pointed out that the proposal does not remove the existing language regarding landscaping. This will be done with a planned broader house-cleaning amendment of those sections. No conflicts have been found in previously passed or existing code. Council Member Bloyer asked how discrepancies will be treated. Mr. Johnson said the more stringent requirement will prevail as is standard practice. It was explained that these requirements are not intended to apply to a building permit for single family home but instead a subdivision. LAKE ELMO CITY COUNCIL MINUTES August 20, 2013 Page 3 of 6 Council Member Nelson asked about the medians. After two years, will be handled by the City, unless an HOA has assumed the role because they want higher level of landscaping. Mr. Nelson asked about entrances to neighborhoods where there is no HOA. It would depend on what agreements City entered into. If Right of Way is involved, it would most likely be City’s responsibility. The developer agreements would specify the responsibility. City Attorney Snyder explained that absent an HOA, it is usually the individual homeowner. The recommended approach is to require the development to have an HOA/neighborhood association. Mr. Nelson asked about the security deposit. It was explained that the release of some security funds can occur as inspections pass. Mr. Nelson asked if City needs to draft a policy to establish benchmarks for release. City Administrator Zuleger explained that partial funds are released at various points throughout the process. Mr. Nelson wants developers to be treated fairly. City Engineer Griffin explained that the securities are provided for specific items. Completion milestones provide the reduction amounts. Natural events and acts of God were discussed. Mr. Johnson said that the Planning Commission discussed this issue as well. Damage caused by natural events are not subject to the warranty requirement. Council Member Reeves asked about the capacity for review. Mr. Johnson stated that the Planners would not feel comfortable with determining technical analysis of plants. That would go to a technical expert. Planning would simply verify code compliance. The review process was further discussed. MOTION: Mayor Pearson moved TO APPROVE ORDINANCE 08-087, ESTABLISHING NEW LANDSCAPE REQUIREMENTS IN THE LAKE ELMO ZONING CODE. Council Member Reeves seconded the motion. Mayor Pearson stated he does not want to release funds prematurely as has happened in past. He does not believe that there can be a same across the board standard, even though equity is important. Mr. Nelson does not like the ambiguity. He wants to make sure the system is fair. Mr. Zuleger assured that the City has never been fairer than it is now. In the past, City released funds too early, and taxpayers were left on the hook. Mr. Nelson does not want a biased arborist not allowing a developer plant what he or she wants even though he meets the minimum ordinances. Mayor Pearson appreciated Mr. Nelson’s concerns and the long term impact. He acknowledged that future staff may not apply the same way as current staff; however he noted that we have been possibly too lax in past and now need regulation. Mr. Nelson has issue with requiring a builder to pay for landscape architect B’s approval of landscape architect A’s work. Mr. Reeves recommends that the City use an independent unbiased person to review in order to be consistent. Mr. Bloyer is more comfortable with the financial security requirement upon learning about the developer agreement explanation. MOTION PASSED 4-0. Council Member Nelson noted that the reason he asks so many questions, is that he wants what is passed to be well thought out and for everyone to be comfortable with the long term impact. He LAKE ELMO CITY COUNCIL MINUTES August 20, 2013 Page 4 of 6 apologized if his actions are misinterpreted. Council Member Bloyer concurred with the desire for clarity. Council Member Reeves said no need for any apology. They all want to do it right. MOTION: Mayor Pearson moved TO APPROVE RESOLUTION NO. 2013-65, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-087. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 11: WATER METER CONVERSION UPDATE – SENSUS TO NEPTUNE Finance Director Bendel provided an update on the water meter conversion. The CIP split between 2013 and 2014. If City purchases over 300 meters, there is an additional discount of about $10 per meter. Want to do the initial 100 ourselves. In the past, City has used a 3rd party for the installation. Paid for out of water fund. Council Member Nelson asked what Ms. Bendel recommended. She stated that she would like to get them all, but staff cannot get them all installed in 2013. Therefore, the recommendation is to purchase 150 in 2013 and staff will install all of them. The balance can be done in 2014. The cost and savings of getting 300 meters was further discussed. MOTION: Council Member Nelson moved TO APPROVE THE PURCHASE OF UP TO 150 WATER METERS AT A COST OF NOT TO EXCEED $250 AND THE BALANCE IN 2014 NOT TO EXCEED $250. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 12: CONSIDER HIRING REPRESENTATION FROM A LOBBYING FIRM FOR A $2.6M STATE BONDING REQUEST City Administrator Zuleger gave overview of hiring lobbyist to aide in obtaining Minnesota State bond funding for water improvements. Staff interviewed three firms and selected Messerli & Kramer. Firm is very successful with lobbying. Retainer fee is not to exceed $30,000. Staff does not have level of expertise to procure on its own. Council Member Reeves asked about bonding heavy on infrastructure and not pet projects. Council Member Bloyer asked about where funds come from. He asked if we could repay ourselves with bonding. Mr. Zuleger said that the funds will all be used. MOTION: Council Member Nelson moved TO HIRE REPRESENTATION FROM THE LAW FIRM ‘MERSSERLI & KRAMER’ TO HELP REPRESENT THE CITY AND ITS BONDING REQUEST AT THE STATE LEGISLATURE FOR THE 2014 LEGISLATIVE SESSION. Council Member Reeves seconded the motion. Mayor Pearson asked about the figure. Mr. Zuleger said that it is the estimate, but if we are successful with gaining more agency support, it may be lower. MOTION PASSED 4-0. ITEM 13: OLD VILLAGE PLANNING AND DEVELOPMENT SCHEDULE City Administrator Zuleger explained that some staff prefers an outlined schedule for progress. Staff has proposed a rough schedule for the village planning and development. City Planner Johnson gave update on the MAC discussions the old village vis-à-vis the airport. The Met Council recommends that the City keep current zoning near the safety zone for now and will LAKE ELMO CITY COUNCIL MINUTES August 20, 2013 Page 5 of 6 not hold up the rest of the comp plan. MnDOT Aeronautics will be reevaluating air safety zones in October 2013. Mr. Zuleger noted that City is working very closely with the affected landowner. City is taking a risk limitation stance. Mr. Zuleger highlighted the other milestones. City Attorney Snyder explained the legal implications of the development restrictions on the safety zones. It was also pointed out that Zone C should not be a problem. Form based codes were briefly discussed. There will be a workshop on the issue. City Engineer Griffin provided some information on the progress of the drainage issue. Council Member Nelson asked about Item #4A – reusing City property. Mr. Zuleger explained City is researching and will be bringing it back to Council at a workshop. It was noted that the City has had discussions about Hammes property and the placement of a new fire station. MOTION: Mayor Pearson moved TO ADOPT VILLAGE PLANNING AND DEVELOPMENT SCHEDULE. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. ITEM 14: COUNCIL RETREAT RECAP City Administrator Zuleger presented a summary of the retreat recap. He requested that council approve the recap at first meeting of September. It will then be placed on website. Council Member Reeves wants to make sure that the points remain relevant and at the front of the council and staff minds. SUMMARY REPORTS AND ANNOUNCEMENTS Mayor Pearson: storm clean up recognition lunch 11:30AM city hall on 8/23. Nadine Obermuller and Jennifer Waters came up with the idea. Hagberg’s has donated meat products; City vs. Jaycees softball game. The event was much fun despite City’s loss; The Mayor directs staff to look at comparable inner-ring cities on sharing fire services; Coffee with the Mayor – 9:30AM, Friday at Lake Elmo Library. Council Member Nelson: no report. Council Member Bloyer: met with neighbors. Tri-Lakes Association picnic. Thanked the Fired Department Council Member Reeves- Lake Elmo Elementary hosting Speak Your Peace meeting. City Administrator Zuleger: developer meetings, park meeting, Section 34, assessment waivers; 2014 budget preparation; conducted storm damage assessment in parks; special hunt in Tri-Lakes and Sunfish Lake Park. City Attorney Snyder: Section 34 easements; assessment waivers. City Planner Johnson: upcoming Highway 5 Open House at Lake Elmo Elementary; Gateway Corridor meeting; Zuleger urged council to attend the crossing project meeting. City Engineer Griffin: Washington County asked for funding to put in 1-2 traffic signals and replace turn lanes. Olson Lake Trail – Oakdale did award project. City has sent out letter to Phase I and Phase II owners; Been attending Manning Ave. improvement meetings for 2015 project; Received bids on Section 34 utility project. Low bid was $1.7 Mil. This figure is under engineers LAKE ELMO CITY COUNCIL MINUTES August 20, 2013 Page 6 of 6 estimate; Received letter from Valley Branch Watershed District indicating that they are updating their management plan. The City will have 18 months to respond. Finance Director Bendel: Budget Workshop II is at 6:30PM on 8/29. City Clerk Bell: working on animal ordinance amendment; processing legal documents with the County recorder; modifying some City services contracts to realize some cost savings; working with Roseville IT on support services and End of Life equipment replacement; reported no Canvas Board meeting required after this year’s election. Mayor Pearson adjourned the meeting at 8:44 P.M. LAKE ELMO CITY COUNCIL _______________________________________ ATTEST: Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk