HomeMy WebLinkAbout09-17-2013 CCM LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2013
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CITY OF LAKE ELMO
CITY COUNCIL MINUTES SEPTEMBER 17, 2013 Mayor Pearson called the meeting to order at 7:00 P.M.
PRESENT: Mayor Pearson, Council Members Nelson, Smith, and Bloyer.
ABSENT: Council Member Reeves Also Present: City Administrator Zuleger, Associate City Attorney Brekken, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell.
PLEDGE OF ALLIGENCE
APPROVAL OF AGENDA
MOTION: Council Member Nelson moved TO APPROVE THE SEPTEMBER 17, 2013 CITY COUNCIL
AGENDA. Council Member Bloyer seconded the motion. MOTION PASSED 4-0.
ITEM 1: ACCEPT MINUTES
THE SEPTEMBER 3, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY
CONSENSUS OF THE CITY COUNCIL.
CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $699,524.57 3. Accept Financial Report dated August 31, 2013 4. Accept Building Permit Report dated August 31, 2013 5. Ratification of the MNDNR Approval of City of Lake Elmo Ordinance No. 08-074 Amending Chapter 97 – Water Surface Use; Ordinance 08-074, Resolution 2013-75 6. Keats MSA Street and Trunk Watermain Improvements – Pay Request No. 4. 7. Production Well No. 4 – Pay Request No. 2. 8. 2013 Crack Seal Project – Receive Contractor Quotes and Award Contract. 9. Fee Schedule Amendment – Removal of Ag Sales & Entertainment IUP Fee; Resolution 2013-76
MOTION: Council Member Bloyer moved TO APPROVE THE CONSENT AGENDA. Council Member
Smith seconded the motion. MOTION PASSED 4-0.
REGULAR AGENDA
ITEM 10: INFRASTRUCTURE DEBT PARTICIPATION POLICY City Administrator Zuleger provided overview of the proposed Infrastructure Debt Policy. The City has been asked to draft a formal policy as a result of the request to use its bonding authority to provide the financing for private development. During a recent discussion of the 2013-2018 Capital Improvement Budget, the Council stressed the importance of protecting the taxpayer by having the developer commit to 100% responsibility of the debt service. Important features in policy: calling out six points of security that the City may use; includes 125% irrevocable Letter of Credit; includes projects with a greater public purpose such as a) over-sizing
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2013
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of utility infrastructure, b) transmission of utilities c) improvement of roadways, and d) any other benefits outside of development area; calls out escrow agreement; and states release of funds criteria. Council Member Smith asked if a development falls short of its target, who is responsible for paying off debt? City Engineer Griffin said it depends on the part of the project that is defaulted on. Each development will have a development agreement. All development specific infrastructure projects will be backed and secured by the agreement and its letter of credit. On petitioned projects, the petition and waiver agreements are part of the security. If developer comes to Lake Elmo, they will pay 100%. Assessments run with the land. Ms. Smith asked if the petitioned type projects have been done before. Mr. Griffin was not sure as he was not here. Allowing developers “off the hook” if a failure occurs was discussed. Mr. Griffin explained that this was one more layer on top of the statutory authority. Ms. Smith thought Open Space developments were done this way. Mr. Griffin explained that almost all the infrastructure in an OP development is typically built for that development, whereas, this policy covers projects like the Section 34 developments where the infrastructure benefits the entire area. The terms of the letter of credit requirement were explained and discussed. Mr. Zuleger asked Northland Securities’ Paul Donna if the policy was strong. Mr. Donna said that he has not ever seen one as strong.
MOTION: Council Member Nelson moved TO ADOPT THE CITY OF LAKE ELMO INFRASTRUCTURE
DEBT / COST RECOVERY POLICY FOR THE PARTICIPATION IN PRIVATE DEVELOPMENT AS A
COMPONENT OF THE CITY’S OVERALL DEBT MANAGEMENT AND ASSESSMENT POLICY. Council Member Bloyer seconded the motion. Council Member Bloyer thinks this is a good policy, but is concerned future Councils not abide by the policy. He hopes that they are respectful of current policies put in place to protect the taxpayer. Council Member Nelson thanked staff for listening to council input to protect taxpayers. Thinks it is a great policy. Ms. Smith asked for Mr. Donna’s input on what other cities that already have key streets are doing in these regards. Ms. Smith wants to make sure that the City is being responsible. Mr. Zuleger reiterated that he has not seen a policy as strong as this one. Mayor Pearson explained that this type of policy is exactly what the City needs to be responsible.
MOTION PASSED 4-0.
ITEM 11: MOODY’S RATING FOR THE ISSUANCE OF 2013 BONDS City Administrator Zuleger provided an overview. Moody’s Lake Elmo bond rating is Aa2. Lake Elmo metrics are lower than the state and national median for cities with our rating, however, a major reason for sustaining the rating is our strong undesignated fund balance. Council Member Nelson and Mayor Pearson commended staff for their efforts.
No formal action requested.
ITEM 12: INITIATE THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS –
AUTHORIZE THE PREPARATION OF A FEASIBILITY REPORT; RES. 2013-77 City Engineer Griffin gave overview of the request for the improvement and explained the project details. The Landucci/Ryland Homes development located on Lake Elmo Avenue would include approximately 51 RECS. Airlake development would include approximately 40-RECS. Pratt Homes
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(Dedrich/Reider) would include approximately 50-60 RECS. Property owners are looking to have the project take place in 2014. In order to make that schedule, City would have to start soon. Not including the proposed developments, about 80 additional properties are potential connections for water service stubs. Mr. Griffin explained the requested action and proposed project schedule. The feasibility report is not to exceed $5,200. Council Member Nelson asked about whether the homes included are located in groundwater contamination plume. Mr. Griffin said they are not. Mayor Pearson asked about shelf-life of report. Mr. Griffin said it may have to be amended to adjust for changes, but that it should survive until it gets built.
MOTION: Council Member Bloyer moved TO APPROVE RESOLUTION NO. 2013-77, ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS IN THE NOT TO EXCEED AMOUNT OF $5,200. Council Member Smith seconded the
motion. MOTION PASSED 4-0. Mr. Nelson thanked staff for the not to exceed language.
ITEM 13: AUTHORIZATION FOR SALE OF $5,725,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A; RES. 2013-78 Finance Director Bendel introduced Northland Securities’ Paul Donna. Mr. Donna gave kudos to the City for its bond rating. Moody’s noted that both the content and style of presentation were excellent. Off the record comments were that the presentation was the one of the best they have seen. Mr. Donna provided overview of the bond sale and repayment scenario. It was stated that Lake Elmo has a good name in the market place. He noted that two local banks were responsible for about 15% of participation, which is good to keep interest rates low. Council Member Nelson asked about the lower par amount. Mr. Donna explained that buyers use it as a protection. The city can capture the higher premium paid to reduce the borrowing.
MOTION: Council Member Nelson moved TO APPROVE RESOLUTION 2013-78, A RESOLULTION
AUTHORIZING ISSUANCE AND AWARDING THE SALE, PRESCRIBING THE FORM AND DETAILS,
AND PROVIDING FOR THE PAYMENT OF THE $5,725,000 GENERAL OBLIGATION IMPROVEMENT
BONDS, SERIES 2013A. Council Member Bloyer seconded the motion. MOTION PASSED 4-0.
ITEM 14: SUNFISH LAKE PARK DEER MITIGATION HUNT City Administrator Zuleger presented a summary of the proposed Sunfish lake Park deer mitigation hunt. Many residents have suffered damage due to the large deer population in Lake Elmo. At the recommendation of Washington County and MNDNR management hunts will take place in Sunfish Lake Park and Lake Elmo Regional Park Reserve. The hunt would take place on November 9 and 10. The hunt will be a shotgun hunt. Council Member Bloyer asked about the count of 8 deer and how it was arrived at. Mr. Zuleger said that initially there was a request for 10, but due to the proximity to Tapestry, it was decided to reduce it to 8. Mr. Zuleger noted there also might be a coyote problem in the park reserve.
MOTION: Council Member Smith moved TO APPROVE THE SUNFISH LAKE PARK DEER MITIGATION
HUNT SCHEDULED FOR NOVEMBER 9TH AND 10TH USING A TAXPAYER LOTTERY TO CHOOSE
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(8) LAKE ELMO RESIDENTS AS THE HUNTING PARTY. THIS ACTION WILL RESULT IN THE
CLOSING OF SUNFISH LAKE PARK TO THE GENERAL PUBLIC FOR THE WEEKEND OF NOVEMBER
9TH AND 10TH. Council Member Bloyer seconded the motion. MOTION PASSED 4-0.
SUMMARY REPORTS AND ANNOUNCEMENTS
Mayor Pearson: Met Council meeting, good progress in adjusting the MOU and reducing the numbers; Lake Elmo Days lots of fun. He commended the staff and volunteers; the mayor asked about Hwy 5 and when it will get to the Old Village. City Engineer Griffin said it was to the roundabout and should reach the village soon.
Council Member Smith: Met Council meeting, impressed with the willingness to work with the City. Looking forward to being able to have slower responsible growth; with all the upcoming growth, she would like the finance committee to meet once every three weeks. To better understand how City will pay for things; commended Alyssa MacLeod for her dedication and work on Lake Elmo Days. City Administrator Zuleger stated that when Council Member Reeves returns, she will receive a quality star.
Council Member Nelson: attended Lake Elmo Days. Surprised how many people and how fun it was; resident with a septic issue. Jack responded quickly to inquiry and issue was handled well.
Council Member Bloyer: attended Lake Elmo Days. Great and enjoyable evening.
City Administrator Zuleger: Met Council meeting went very well. Very pleased with the results. Relayed the Met Council’s satisfaction with the meeting; planning the upcoming Park Commission retreat; neighborhood meetings regarding parks; posting lake usage signs tomorrow; working on downtown sewer grace period agreement; Lake Elmo Days went great. Battle of Bands receiving lots of success and positive feedback. Should be even bigger and better next year. Financially in the black with event; will be speaking at the WI Lean Government Conference on October 2. Council Member Bloyer asked about Olson Lake Trail sewer. City Engineer Griffin said it is in construction and going well.
Associate City Attorney Brekken: no report
City Engineer Griffin: connecting watermain property owner mtg on 9/19. MS4 permit training.
Finance Director Bendel: working on levy certification; finalized storm damage claim and recovered $7,200; finalized bonding; received West Lakeland Township portion of seal coat; will schedule a Finance Committee meeting; City Administrator Zuleger noted that Washington County cancelled the storm clean up charges to City.
City Clerk Bell: animal ordinance will be split in two portions: 1) dogs and cats and 2) chickens and bees due to the need to submit the chicken and bees section to the Planning Commission. Should be brought to Council Nov. 6.
Mayor Pearson adjourned the meeting at 7:55P.M.
LAKE ELMO CITY COUNCIL ATTEST: _______________________________________ Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk