HomeMy WebLinkAbout10-15-2013 CCMLAKE ELMO CITY COUNCIL MINUTES
OCTOBER 15, 2013
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CITY OF LAKE ELMO CITY COUNCIL MINUTES OCTOBER 15, 2013 Mayor Pearson called the meeting to order at 7:00 P.M.
PRESENT: Mayor Pearson, Council Members Nelson, Smith, Bloyer, and Reeves. 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 OCTOBER 15, 2013 CITY COUNCIL AGENDA AS AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 5-0.
ITEM 1: ACCEPT MINUTES
THE OCTOBER 1, 2013 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE CITY COUNCIL.
SPEAK YOUR PEACE – REEVES Council member reeves spoke on Speak Your Peace and “ping pong” discussions, which entails not truly listening, but planning what will be said next. What is needed is effective and active listening. He then explained a few techniques to listen actively: don’t interrupt, ask questions, don’t be judgmental, use positive body language, and practice, practice, practice. Mr. Reeves also commended Council Member Nelson for his listening and good questions.
PRESENTATIONS
Washington County a. County Commissioner Gary Kriesel on Highway 5 Traffic Safety Grant Commissioner Kriesel announced County has received $462,000 for 2015 FY for right turn lanes and traffic signal for Hwy 15 and CSAH 17. Project will be a benefit to trunk highway system and local community. Washington County has been very pleased with Lake Elmo staff and the working relationship that has been built. Comm. Kriesel introduced some of other Washington County staff with him and thanked citizens for getting involved. Mayor Pearson thanked Commissioner Kriesel for his work. b. Gateway Corridor BRT/LRT Planning Washington County Commissioner Weik spoke about the gateway corridor. Noted the DEIS (draft environmental impact statement). Introduced Andy Gitzlaff explained process and the BRT/LRT study. He explained the differences of Bus Rapid Transit and Light Rail Transit. BRT is half the cost of LRT. Explained what the DEIS is. There is a federally prescribed process. He then presented an overview of EIS issues. Mr. Gitzlaff explained the options and provided a map of the options. Also presented was the timeline and schedule. Group is about to enter scoping phase. The parties involved were noted. Mayor Pearson commended Commissioner Weik for her well run meetings and hard work.
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c. West Side Access Plan for the Lake Elmo Regional Park Reserve Peter Mott, Washington County Planning Director, spoke on accessing park from the west. Great experience working with staff and community. Study 15 years ago identified two access points. One access point is off Inwood Ave. and one off 15th street. Group held meetings with community members and staff in both Oakdale and Lake Elmo. One of the goals is to promote healthy living by improving access to park. Mr. Mott gave an overview of the trail plans and explained project outcomes. Council Member Smith asked about whether county was aware that development is planned in the Old Village and that those residents have long been calling for access from downtown. Mr. Mott said that the county wants to conduct another study to look at additional east side access. Both acknowledged that funds are limited. Motts noted that this is also a regional plan. Council Member Bloyer asked about cost estimates. Mr. Motts said that the costs have been estimated and would be in the several million dollar range. Council thanked Washington County for all their presentations.
CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the Amount of $736,431.48 3. Accept Financial Report dated September 30, 2013 4. Accept Building Permit Report dated September 30, 2013 5. Keats MSA Street and Trunk Watermain Improvements – Change Order 5. 6. Keats MSA Street and Trunk Watermain Improvements – Pay Request No. 5. 7. Production Well No. 4 – Pay Request No. 3. 8. Lake Elmo Sewer Infrastructure Improvements: I-94 to 30th St. – Pay Request No. 1. 9. Lake Elmo Sewer Infrastructure Improvements: I94 to 30th Street - Change Order No. 1 10. Approve Resolution No. 2013-87, Approving Tax Forfeited Parcels for Public Auction; MOTION: Council Member Nelson moved TO APPROVE THE CONSENT AGENDA. Council Member Bloyer seconded the motion. MOTION PASSED 5-0.
REGULAR AGENDA
ITEM 12: VARIANCE - 09.029.21.22.0025 (HILL TRAIL NORTH); RES. 2013-82 Planning Director Klatt provided an update on the variance application and background and current status. Council Member Bloyer asked Mr. Klatt about a variance denial at 8160 Hill Trail. Council Member Smith said she was a part of the denial back in 2006 or 2008. Parcel in question was tip of peninsula. Application was for 5000-6000 sq. ft. home. Council asked applicants to bring back another more reasonable plan. No plan brought back yet. There were concerns about the septic system impact of that size. Council at that time was hesitant to set a precedent granting the variance. Mr. Klatt noted another variance south of Lake Jane, but it did not have any shoreline issues. Council Member Reeves asked why the Planning Commission recommended denial, but staff recommended granting. Mr. Klatt provided explanation. Staff believed application met the comp plan guidance, unique circumstances existed, fit within the traditional neighborhood character, practical difficulties existed, and met eh county septic requirements. Mr. Reeves asked when staff found granting variance would not negatively affect the character, what was the size? Applicant stated that it would be a 2900 foot print resulting in 5800 sq. ft. Mr. Reeves also asked about Washington County’s septic approval. Mr. Klatt said resident would be better source for what changed.
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Mayor Pearson asked about similar size lots and the domino effect. Mr. Bloyer asked about how many others would come to ask for variance. Mr. Klatt explained the research and staff findings. 12 vacant lots adjacent to other properties and therefore non-buildable. Eight were not tied to other property, but lot sizes and other factors would limit the number to about 3 as eligible for variances. This included all three lakes. Mr. Klatt further explained the septic requirements. Ms. Smith asked if changing the ordinance was more appropriate instead of granting the ordinance. Associate City Attorney Brekken said that changing the ordinance is an option, but it is ultimately a council policy decision. Mr. Bloyer asked Mr. Klatt which way was better way to go. Grant variance or change allowed lot size to ½ acre. Mr. Klatt noted that at the time the area was plotted, different rules were in place. Whatever is done now, the future considerations of sewer and water need to be carefully considered. County septic requirements are going to limit the number of future variances.
Public comment:
Carl Abrahamson 8061 Hill Trail N., spoke on the 201 systems put in by the county. He gave overview on the surrounding systems that are experiencing problems. He is concerned about the impact of more septic systems. Claims there are already a lot of houses in area. Mayor Pearson inquired about the 201 systems. Jack said he was not familiar with those systems and the locations. Mayor Pearson asked if Mr. Abrahamson was interested in sewer. He answered in the affirmative. Council Member Smith asked griffin about the downtown 201 systems. Griffin said that the downtown systems are a bit different. Council Member Bloyer said that his opinion has changed regarding sewer in the lakes area. He noted that the Hanson’s land is able to accommodate a septic and it is his land. The City needs to be careful not to take people’s land. Also look at providing sewer in the future.
Dick Nelson 8123 Hill Trail N., located right across from parcel. He noted that the Planning Commission determined that the standards were not met. He wants council to take a stand and deny the variance.
Bonnie Weisbrod 8111 Hill Trail N., her opinion is lot is too small for septic system. She explained the problems with water on her low lying lot. She is concerned about the impact of the water that will run on her land as a result of the house being built. He claimed it was unbuildable when the Hanson’s bought it.
Steve Iverson 8108 Hill Trail N., concerned about the possibility of there also being a basement. He believes it is a mistake to allow building on lots this size. He claimed that the reasons in favor of granting are opinion based. He alleged the reasons against the variance are fact based.
Gregory Collins representing Amy Gustafson - 8120 Hill Trail N., spoke about the comp plan and the lot’s size. He also spoke about the comp plan requiring 20,000 sq. ft. available for sewage treatment and second available drain field site. He claimed that the lot only has 2,400 sq. ft. available and believes council should not grant the variance.
Bruce Malkerson representing Hanson’s, noted that his letter submitted laid out the reasons for granting the variance. He noted that the Lake Elmo standards are beyond the state standards and may not even he upheld. He went over a couple points from the letter – reasonableness and uniqueness. He asserted the knowledge of build or unbuild-ability should not be considered for uniqueness. Council Member Reeves asked about differences between county standards for septic and city standards regarding space. Mr. Klatt said that the city turned over septic regulation about three years ago and adopted by reference the county standards. The differences were: frequency of pumping; and lot sizes. He noted that the county did find that there was space for primary and secondary sites. Mr. Reeves asked the Associate City Attorney which standards the City needs to follow. Mr. Brekken said that it is the council’s discretion in granting variances and that the
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Council’s findings should be directed towards the pertinent questions. Mr. Reeves is empathetic with many of the concerns, but wants to know where city should “hang its hat.” He would rather rely on the County, who is responsible for septics, on whether the septic is an issue. Mr. Brekken reiterated that County and City staff would have more expertise on details for septics, but there is state statutory structure. Council Member Bloyer asked about who is the authority for septics. Mr. Klatt said Washington County; however, variances that involve septics are the purview of the City. Mr. Klatt recalled the discussions regarding the size standards for septics. Council Member Smith again reiterated her opinion that the ordinance should be changed. She also has concerns about offending the same people who were involved in the water surface use debate. Mr. Pearson noted that the purpose of the variance is to vary from the code. It is his opinion that it is not prudent to amend code every time a variance is needed. Council Member Reeves reiterated his empathy. He believes that taking a stand would be looking at the rules and the fact before the Council. He is trying hard to apply fact and not emotion. He wants to follow rule of law. Ms. Smith noted she took a walk on property with Mr. Hanson. Great walk, but is basing her decision on what council has done in the past and apply the ordinance. She noted that the property is steep and the surrounding issues with the existing septics. Council Member Nelson asked about the motion to make. Council Member Bloyer stated he concurred with Mr. Reeves.
Dean Dworak 12325 Upper Heather, Hugo: Variance applicant was in attendance.
Paul Hansen 8024 Hill Trail North: Variance co-applicant and owner was also in attendance. MOTION: Council Member Bloyer moved TO APPROVE RESOLUTION 2013-82, A RESOLUTION GRANTING THE VARIANCE REQUESTED AT 09.029.21.22.0025 (HILL TRAIL NORTH) TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON A LOT THAT IS NOT CONSIDERED A BUILDABLE LOT OF RECORD, BASED UPON MEETING ALL REQUIRED FINDINGS NECESSARY TO GRANT THE VARIANCE AS AMENDED SUBJECT TO CONDITIONS. Council Member Nelson seconded
the motion. Council Member Nelson asked about the staff conditions. Mr. Klatt said those conditions should be a part of the motion. Mr. Nelson asked Mr. Bloyer about a friendly amendment. Council Member Bloyer accepted the friendly amendment. Council Member Smith said that the Council should amend the ordinance if it wants to grant the variance. Mayor Pearson noted that he voted for denial last time based on a misunderstanding on the purchase situation. He has since received additional information. Mr. Brekken reminded council to consider that while the owner’s knowledge cannot be used solely to grant or deny but can be considered. Mayor Pearson said it does fit the neighborhood and is a reasonable request. Ms. Smith noted that the Hansons bought the parcels separately (4 and 2) and should have known it would not be buildable. Mayor Pearson also noted that additional conditions must be met. Mr. Bloyer asked about the plan itself. Mr. Klatt said planners have seen a site plan and general overview plans, but not specific house plans. Mr. Bloyer does not think it appropriate to consider the size of the house. Council discussed of what size is appropriate, and whether it fits the character of the neighborhood.
MOTION PASSED 4-1 (SMITH – NAY).
ITEM 13: ADOPT ANIMAL CODE AMENDMENT; ORD. 08-088, RES. 2013-88, ORD. 08-089
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City Clerk Bell explained the purpose for bringing the amendment and proposal itself. He noted that the questions received from council have been incorporated in the updated proposal. He explained that the definition of a Kennel will need to be amended to allow a greater number of dogs. This will need to be brought to the Planning Commission because part of the definition is in the Livestock section of the Zoning Code. Council Member Reeves asked about the different charges for altered versus unaltered dogs. Mr. Bell said that it is a common practice based on the research staff conducted. Staff estimates that less than 5% of the currently licensed dogs are unaltered, and therefore staff does not expect the upcharge to be an onerous burden on the public. Clerk Bell noted that there is a state requirement for licensing of dogs. Clerk Bell went through the changes that the Council suggested. One was the number of animals. Another question was section 10.99. That section is the city penalty language. Another was concern about 4th Amendment and warrantless entry on property. Additional safeguard language was added. Animals in heat had a typo corrected. Dangerous dog designations were explained. It is done by the Animal Control Officer or Sheriff’s Deputies. They follow the state definition. Clerk Bell noted that there is also a summary publication and fee ordinance included. Council Member Bloyer voiced his concern about the animal seizure sections and the positive enabling city agents to enter private property. Clerk Bell responded that staff was cognizant of the 4th Amendment and property rights issues while drafting the language, staff also sought to find balance between the ability to enforce the code and creating a situation where the Animal Control Officer could not do his or her job. Mr. Bell stated that despite Council’s past unease with trusting City agents, a certain level of trust will be required for provisions such as these. Council Member Nelson said he accepted the fact that it is about practicality, and that he did not believe there would be many instances at all of problem situations. Mr. Reeves also noted that it is ultimately about public health and safety.
MOTION: Council Member Smith moved TO APPROVE ORDINANCE 09-88, WHICH AMENDS THE
ANIMALS CHAPTER OF THE CURRENT CITY CODE. Council Member Reeves seconded the motion.
MOTION PASSED 4-1 (BLOYER- NAY)
MOTION: Council Member Smith moved TO APPROVE Resolution 2013-88, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-088. Council Member Reeves seconded the motion. MOTION PASSED 5-0.
MOTION: Council Member Smith moved TO APPROVE ORDINANCE 09-89, AN ORDINANCE AMENDING MUNICIPAL FEES. Council Member Pearson seconded the motion. MOTION PASSED 5-0. Mayor Pearson noted that he believes that there are a large number of unlicensed dogs and that he hopes that the City can do more to make the public aware and increase compliance. Council Member Nelson thanked staff for answering his questions and noting that the issue is really all about safety. Council Member Bloyer asked about multiple year licenses. Clerk Bell stated that multiple year licenses can be done, but it would require additional staff resources to monitor the rabies vaccinations that are required for a license.
ITEM 14: STORM WATER ORDINANCE – APPROVING REVISIONS TO CITY CODE SECTION 150.277; ORD. 08-090, RES. 2013-89 City engineer griffin provided overview of proposed amendment and the reasons for the changes. There are many changes occurring in the storm water world. State, federal and local watersheds are all making changes. The EPA is the federal entity and the Minnesota Pollution Control Agency is the
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state entity. MPCA Storm Water program has two general storm water permits. Mr. Griffin explained what those two permits were- MS4 permit regulating storm water in urbanized areas, and the construction storm water. He then provided further detail on each permit and what is involved. Lake Elmo is a mandatory MS4 permit City. The City is required to get reauthorized. Our application is due December 29, 2013. He noted any promises made in the application are binding on the city. The City must be careful to not promise something we cannot follow. The Construction storm water is statewide mandatory permit. Mr. Griffin went over the recent changes. New language: MS4 Permits requires regulation of volume of discharge. Traditionally just the rate of discharge was regulated. Now volume discharge is regulated. The purpose is preserving water quality. Sediment and phosphorus are the main pollutants. Construction storm water permits are required for projects that disturb more than one acre. Now the project must include permanent storm water management regulating volume. Mr. Griffin then explained the differences between the changes for the state and the watershed. Lake Elmo’s ordinance is the most restrictive standard he has seen anywhere and makes it very difficult to manage. It forces developers to hire engineers to calculate storm water two different ways- one for the City and one for the watershed. Proposal adopts the state standard rules, which will remove the regulatory burden of duplicating efforts. The proposal only changes the rate and volume aspects of our criteria.
MOTION: Mayor Pearson moved TO APPROVE, ORDINANCE 08-090 APPROVING REVISIONS TO SECTION 150.277 OF THE CITY CODE GOVERNING STORM WATER AND EROSION AND SEDIMENT CONTROL IN THE CITY OF LAKE ELMO. Council Member Nelson seconded the motion. MOTION PASSED 5-0.
MOTION: Mayor Pearson moved TO APPROVE, RESOLUTION 2013-89 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-090. Council Member Reeves seconded the motion. MOTION PASSED 5-0.
MAYOR PEARSON POINT OF PRIVILEGE 9:28PM
RECONVENED 9:34PM
ITEM 15: ESTABLISH 2014 CITY OF LAKE ELMO GROWTH PROJECTIONS TO SUBMIT TO THE
METROPOLITAN COUNCIL Planning Director Klatt provided overview and background of the discussions held with the Met Council and what Lake Elmo’s goals are. He noted that he has worked with Mayor Pearson and Council Member Smith to devise the specific targets, which are 18,000 population by 2040 down from 24,000 by 2030 and 5,000 RECs down from 6,600. Mr. Klatt noted that the new RECs were based on the population target and spread out over the areas where development will occur as opposed to specifically focusing on how many should go where. Council Member Reeves asked if Council Member Smith was okay with the village numbers as he knows she has worked on the issue for some time. Ms. Smith said she is comfortable with the numbers because they are flexible. She also noted that determining the REC counts is not an exact science because the future is unknown. Her only concern is that the city does not bite off more than it can chew. She is confident with the work that has been done.
MOTION: Council Member Bloyer moved TO AUTHORIZE STAFF TO PRESENT THE PROPOSED 2040 FORECAST NUMBERS TO THE MET COUNCIL. Council Member Reeves seconded the motion. MOTION PASSED 5-0. Mr. Reeves thanked everyone who worked on this. Mr. Bloyer thanked everyone for the hard work.
Council Member Smith left at 9:45 PM.
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ITEM 16: CONSIDER PARKS COMMISSION APPOINTMENT Mayor Pearson noted that he felt very good about Dana Nelson’s interview.
MOTION: Council Member Bloyer moved TO APPOINT DANA NELSON OF 2871 LEGION AVENUE NORTH AS 1ST ALTERNATE ON THE LAKE ELMO PARKS COMMISSION, EFFECTIVE IMMEDIATELY. Council Member Nelson seconded the motion. MOTION PASSED 4-0.
ITEM 17: COUNCIL POLICY ON NON-COMPLIANT SEPTIC SYSTEMS IN OLD VILLAGE/
POTENTIAL SEWER AREA City Administrator Zuleger provided overview of the non-compliant septic systems located in the old village due in part to the new regulations. Lake Elmo has sewer coming in the near future, so the city is trying to provide a bridge for the gap between failing/non-compliant systems and the new sewer connection. The two scenarios are 1) septic failure, which is considered an imminent health threat and will require an immediate holding tank; and 2) non-compliant systems, which would be required to connect as soon as sewer is available. Mr. Zuleger explained what the letter. It was noted that Washington County supports. Proposal was reviewed by city attorney and engineer. Council Member Nelson asked if there was a funding source to help residents bridge the burden to hook up to these systems. Mr. Zuleger explained a couple possible sources but there are no specific funds known. Commissioner Kriesel has noted that legacy dollars may be available to protect surface water. It was explained that the City is not eligible for USDA funds for rural areas because Lake Elmo is part of metro area. Rep. McCollum may have some information federal funding. City Engineer Griffin explained that most of the funding he knows of go off of median household income. Lake Elmo’s median income is too high. Staff will look for and ask about additional sources. Council Member Bloyer asked if the state statutes require two years for connection. Associate City Attorney Brekken said he would check and get back to council. Mr. Griffin stated he believes it is two years. Council Member Reeves stated that he would like to look into the potential issues near the lakes that residents mentioned during the variance discussion and see if there is anything that can be done. Mayor Pearson thanked staff for communicating with residents about costs, but asked if there was anything else can be done. The costs and variables with connecting to sewer were discussed. It was estimated to be about $20,000-$25,000. Mr. Griffin noted that many of the projects may include multiple assessments because projects overlap (water, sewer, and roads).
MOTION: Council Member Nelson moved TO ADOPT THE GENERAL PROPERTY NOTICE
REGARDING PRIVATE SEPTIC SYSTEMS RESIDING IN THE OLD VILLAGE OF LAKE ELMO DATED
OCTOBER 15, 2013. Council Member Bloyer seconded the motion. Mayor Pearson thinks it wonderful that City Administrator Zuleger did this. He thinks it’s great. He applauds Mr. Zuleger for his efforts.
MOTION PASSED 4-0.
SUMMARY REPORTS AND ANNOUNCEMENTS
Council Member Nelson: no report, but noted his conversations with Mr. Zuleger about sewer for lakes and possible partnership with Oakdale.
Mayor Pearson: after investigation, he thinks that staff did exemplary work and responded appropriately to recent resident issues.
Council Member Bloyer: concurred with Council Member Nelson.
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Council Member Reeves: working on parks commission retreat summary. It is going to be outcomes based; preparing for upcoming Human Resources Committee meeting; working with Alyssa on a school project for Speak Your Peace. On October 25th, there is an event at the grade school. Council Member Nelson gave kudos to Mr. Reeves for promoting it. Mr. Reeves gave judos to Mr. Zuleger and Alyssa MacLeod for doing the Speak Your Peace project
Council Member Smith: no report (Absent for reports)
City Administrator Zuleger: HR meeting coming up; EDA meeting on 10/23 at 6:30PM; noted Parks Commission meets next week.
Associate City Attorney Brekken: no report
Planning Director Klatt: Planning Commission approved village mixed use ordinance; staff is hoping to have village comp plan amendment finalized in next 30 days; continuing to work with MNDOT aeronautics and MAC on airport issues.
City Engineer Griffin: several projects are busy; wrapping up Keats Ave; Three feasibility reports are coming to Council; upcoming closure on 30th street for four working days and over the weekend as part of the Lake Elmo Ave sewer project. Notices and mailings are being sent out.
Finance Director Bendel: held initial Finance Committee meeting. The committee outlined expectations and goals; storm water assessments certified to county. About 75% were resolved; 3rd quarter water bills will be going out; street assessments are due by end of November; completing updating capital fund and enterprise budgets.
City Clerk Bell: provided update on tax forfeitures in the city. One commercial property was approved tonight for sale. 12 properties in Whistling Valley are still pending. Staff is working with Washington County to have the HOA take responsibility for them. Council Member Nelson asked if the City could acquire them. Mr. Bell explained that if the City were to acquire them, the lots must be used for a public purpose. However, because of the nature of the lots being subject to conservation easements and several of them including septic systems, the City’s options are very limited. At this time, staff recommends that the HOA pay for them. It was explained that the developer agreement is silent on where the properties should go, but the HOA covenants do direct the developer to transfer the lots to the HOA. Unfortunately, that never happened.
Mayor Pearson adjourned the meeting at 10:00 PM. LAKE ELMO CITY COUNCIL
ATTEST: _______________________________________ Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk