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HomeMy WebLinkAbout11-19-2013 CCMLAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 2013 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 2013 Mayor Pearson called the meeting to order at 7:00 P.M. PRESENT: Mayor Pearson, Council Members Nelson, Smith, Bloyer, and Reeves. ABSENT: Also Present: City Administrator Zuleger, City Attorney Snyder, Planning Director Klatt, City Engineer Griffin, Building Official Chase, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Council Member Bloyer moved TO ADD ITEM 16: CONSIDER APPOINTMENT TO PLANNING COMMISSION TO AGENDA IMMEDIATELY PRIOR TO EXECUTIVE SESSION. Council Member Smith seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Smith moved TO APPROVE THE NOVEMBER 19, 2013 CITY COUNCIL AGENDA AS AMENDED. The motion was not seconded. MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES THE NOVEMBER 06, 2013 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE CITY COUNCIL. COUNCIL REPORTS: Council Member Nelson: no report Council Member Smith: no report Mayor Pearson: Met with County Commissioner Gary Kriesel; planning commission staff; City Manager’s meeting. He suggests council attend one; met with staff and developers. Acknowledged that the 100% developer pay requirement is a challenge, but staff has done good job implementing the policy. Staff also did good job of explaining neighborhood impact to a developer proposal; staff meetings with legislators on 2014 Bonding; storm response meeting; public safety meeting; library board meeting; Met Council meeting went well – Kyle Klatt is undefeated at 2-0; NexGen group is hosting Christmas tree lighting event on 12/7; Highway 5 meeting on obtaining funding for crosswalk. Council Member Bloyer: no report Council Member Reeves: Robust Parks Commission meeting, all members attended. Reviewed parks audit. Provided priorities on expenditures. Established 2014 budget and plan of work. Included great discussion. Productive meeting. PUBLIC COMMENTS: Paul Ryberg – 11326 30th Street N. thanked council. Reported vacancy upcoming on library board. Contact Paul Ryberg. Thanked city staff for their help. Councilman Bloyer asked who was stepping down. Mr. Ryberg reported that it was Rosemary Meier and Renee Murray. Their terms are coming up. Mayor Pearson noted that his term is also up. He invited Council to approach him if they are interested in succeeding him. Linda Orsted, Library Director – Thursday 11/21 @6:30 before you buy Black Friday electronic deals; great community response for initial books. Over 30,000 were donated and now edited down LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 2013 Page 2 of 6 to about 12,000 in current collection. It is suggested that community donate funds to purchase specific books. Books would have donation recognition in book. SPEAK YOUR PEACE – NELSON Council Member Nelson spoke on the tenet Pay Attention. Be aware and tend to people in world around you. It starts with listening really well and then focusing your energy on conversation and situation. Live in the moment. Mr. Nelson gave examples of where people may tend to drift out of attention. He also noted Mr. Reeves’ recent question of “is this a good time?” which forces you to actively pay attention. PRESENTATION - QUALITY STAR AWARD TO FINANCE DIRECTOR CATHY BENDEL City Administrator Zuleger explained the Growth Pro Forma that Ms. Bendel developed. He presented quality star award for her hard work and dedication Lake Elmo in creating tracking system for future growth. CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $1,147,283.47 3. Accept Financial Report dated October 31, 2013 4. Accept Building Permit Report dated October 31, 2013 5. Production Well No. 4 – Pay Request No. 4. 6. Production Well No. 4 - Change Order No. 1. 7. Section 34 Water and Sewer Utility Extension Improvements – Pay Request No. 1. 8. Lake Elmo Sewer Infrastructure Improvements: I-94 to 30th St. – Pay Request No. 2. 9. Street Capital Improvement Program - Authorize Geotechnical Services for Streets programmed in 2014-2016 10. Approve Public Works Radio Purchase for SCADA System Removed from agenda by staff 11. Approve RFP for New City Assessor as of 2/1/2014 MOTION: Council Member Nelson moved TO APPROVE THE CONSENT AGENDA AS AMENDED. Council Member Smith seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 12 ELECTRICAL INSPECTIONS; ORD. 08-093, ORD. 08-094 Building Official Chase explained the proposed ordinance. Currently, the state provides all electrical inspections. If City takes over the role, revenue would shift to the City from the state. Residents would be able to pull permits at city hall as opposed to through the state. Staff hopes that within a year, applications would be available online. Staff recommends retaining the current inspector Joe Wheaton as inspector via contracted services. Council Member Reeves asked about threats or the downside with taking over the role. Mr. Chase said there really aren’t any that he could determine. Conversations with cities that do this only had positive comments. Mr. Reeves asked about Mr. Wheaton’s availability and possible absences. There would be three people including Mr. Wheaton and two other back-ups. They are currently handling Cottage Grove and Woodbury. Council Member Bloyer asked about the state statute being less restrictive. Mr. Chase explained that one difference is that state allows owners to do own electrical work. City is proposing that it requires owners to use a certified/qualified/licensed electrician to pull electrical permit. Mr. Chase’s noted the most important factor is life/safety. Mr. Bloyer asked about when this program would be implemented. Mr. Chase explained that it has to be brought to state for approval and at LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 2013 Page 3 of 6 least 30-45 days. It also would be published in newspaper. Hopefully within 60 days. Mr. Bloyer asked about existing permits. Mr. Chase stated he was not completely certain, but his estimation is 60-90 days. Council Member Nelson asked if it would be better to simply go back to state law instead of providing exemption. Mr. Chase said he always would side with the safety factor. City Administrator Zuleger explained that some states allow the final inspection or walkthrough to be done by a licensed electrician. Mr. Chase reiterated that his focus is safety and serving the residents, but he would work within whatever framework Council adopts. Mayor Pearson stated he wants Mr. Chase’s honest and direct opinion. Mr. Chase said the two options are to amend the proposal to follow the state language or evaluate skill set of applicants. Council Member Smith asked for clarification on what Mr. Chase thinks is best. Mr. Chase stated that he thinks what is proposed is best. Mayor Pearson asked about state shutdown. The City inspections would not be affected. Contract will mirror the state contractor. The contract will be renewed annually. Mr. Bloyer asked about difference between new construction and current resident in existing home. Mr. Chase stated that the amount of work involved in minor alterations is different from the sophistication required of major projects involved in new home. MOTION: Council Member Smith moved TO ADOPT ORDINANCE 08-093, TO ADOPT THE CITY ELECTRICAL PERMITTING AND INSPECTIONS PROGRAM. Council Member Reeves seconded the motion. Mayor Pearson stated he appreciated the local control aspect. He was comfortable with proposal. Council Member Bloyer would like to know how many injuries have occurred under the state standard. He is concerned about City being too restrictive. Council Member Nelson stated that he was also concerned with limiting individuals’ freedom despite the risks. It has worked so far under the state regulations. Mr. Chase provided anecdotal example of nearby builder and homes with completely bad electrical work. The buyers were upset. Council Member Reeves is concerned about community and unintended consequences. The City’s potential liability was discussed. MOTION: Council Member Bloyer moved TO AMEND PROPOSED ORDINANCE BY INSERTING STATE LAW FOR PULLING PERMIT. Council Member Nelson seconded the motion. Mr. Chase clarified that the amendment would be to follow state protocol for issuing permits. MOTION FAILS 2-3 (SMITH, PEARSON, and REEVES – NAY) Mayor Pearson asked about if requiring the load calculations would create more work for staff. Mr. Chase stated it would not. Council Member Nelson asked if reviewing the load calculations would increase for further liability for City. Mr. Chase stated it would not because the inspector is a master electrician and he would make the determination. MOTION: Council Member Bloyer moved TO AMEND PROPOSED ORDINANCE TO REQUIRE THE CITY TO ISSUE A NEW CONSTRUCTION PERMIT TO OWNER IF HE PROVIDES THE APPROVED LOAD COUNT TO INSPECTOR. Council Member Nelson seconded. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 2013 Page 4 of 6 Council Member Smith asked if the inspector can still deny if not approved load count. Mr. Chase responded in the affirmative. MOTION PASSES 5-0 ORIGINAL MOTION PASSED 5-0. MOTION: Mayor Pearson moved TO ADOPT ORDINANCE 08-094, AMENDING THE CITY’S FEE SCHEDULE TO INCORPORATE FEES RELATED TO THE CITY ELECTRICAL PERMITTING AND INSPECTIONS PROGRAM. Council Member Smith seconded the motion. MOTION PASSES 5-0 MOTION: Council Member Smith moved TO APPROVE THE ELECTRICAL INSPECTION SERVICES AGREEMENT. Mayor Pearson seconded the motion. MOTION PASSES 5-0 Building Official Chase provided overview of property maintenance status. Explained how the process works. It includes notifying residents of ordinances and violations with letters and conducting inspections. Most residents are wonderful and easy to work with, and that makes it easier. City conducts about 150 visits in a week. Mayor Pearson commended Mr. Chase on his conduct and demeanor when serving the taxpayers. ITEM 13: DESIGN STANDARDS MANUAL; RES. NO. 2013-97 Planning Director Klatt gave summary of the amendments to the guidelines from the 11/6 meeting and 11/12 workshop. Most of the changes were not substantive, but very limited refinements. MOTION: Council Member Reeves moved TO ADOPT RESOLUTION NO. 2013-97, APPROVING THE LAKE ELMO DESIGN GUIDELINES AND STANDARDS MANUAL. Mayor Pearson seconded the motion. Council Member Bloyer commented that he would prefer to let people do what they want with their property. He urged council to vote against the design standards and instead let development happen naturally. Council Member Nelson stated that while he agrees with Mr. Bloyer, he sees the benefit of some of the guidelines, specifically the building materials, and will be voting for the standards. City Administrator Zuleger said that the guidelines are more for order and not limiting freedom. City Attorney Snyder pointed out that this is a political philosophy debate and reminded council that reasonable people may agree to disagree. Council Member Reeves said philosophy has no bearing on the design standards. MOTION PASSED 4-1 (BLOYER - NAY). ITEM 14: DESIGN REVIEW ORDINANCE; ORD. 08-095, RES. NO 2013-98 Planning Director Klatt provided overview of the amendments from the 11/12 workshop. This amendment would remove the more-restrictive existing commercial and high density standards and make reference to the proposed standards. MOTION: Council Member Smith moved TO ADOPT ORDINANCE 08-095, INTEGRATING THE LAKE ELMO DESIGN STANDARDS MANUAL BY REFERENCE AND ESTABLISHING DESIGN REVIEW PROCEDURES IN THE URBAN RESIDENTIAL AND COMMERCIAL ZONING DISTRICTS Council Member Reeves seconded the motion. MOTION PASSED 4-1 (BLOYER - NAY) MOTION: Council Member Smith moved TO ADOPT RESOLUTION NO. 2013-98, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-095. Council Member Reeves seconded the motion. MOTION PASSED 5-0. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 2013 Page 5 of 6 ITEM 15: APPROVE COUNCIL MILEAGE POLICY Mayor Pearson explained why he asked for policy clarification. The term “city business” was not defined. The new clarification would propose restricting reimbursement to travel outside of Washington County. Council Member Nelson asked why reimbursable travel is limited to outside Washington County. Mayor Pearson stated it is his opinion that traveling in the city is expected to be part of the job. Council Member Smith disagreed with Washington county limitation. Much of the work is within the city limits and the County. Going outside the city is not going to be a routine scenario for most city business. MOTION: Mayor Pearson moved TO APPROVE THE REVISED LAKE ELMO TRAVEL ALLOWANCE FOR OFFICIAL TRAVEL POLICY. Council Member Reeves seconded the motion. MOTION: Mayor Pearson moved TO AMEND HIS MOTION TO INCLUDE: “Reimbursement Is Allowed Only When the Occasion is In Concert with Affirmed Council Directives.” Council Member Bloyer seconded the motion. Council Member Smith asked for clarification on the proposed amendment. Mayor Pearson gave example of meeting with developers without staff present as was directed by current council. Various alternate phrasing options were discussed. Mayor Pearson accepted a friendly amendment to his proposed amendment to change the wording to read: “In line with council goals.” Council Member Bloyer asked what was typical for these policies. City Administrator Zuleger stated excluding within city limits is fairly typical. City Attorney Snyder stated it is rarely an issue and also rare for requests within city limits travel. City Clerk Bell stated that city limits restriction is common based on his research. He also noted that there is a state requirement on elected official out-of-state travel that will be brought back to council at a later date. Council Member Reeves wants the policy as simple as possible and be consistent with the staff policy. MOTION TO AMEND PASSES 5-0. MOTION: Council Member Bloyer moved TO AMEND THE PROPOSAL TO READ “2) the occasion is beyond the borders of the City of Lake Elmo.” Council Member Nelson seconded the motion. MOTION TO AMEND PASSES 5-0. ORIGINAL MOTION PASSED AS AMENDED 5-0. ITEM 16: PLANNING COMMISSION APPOINTMENT MOTION: Council Member Smith moved TO APPOINT SARA YOCUM OF 4886 LINDEN TRAIL NORTH AS 2ND ALTERNATE ON THE LAKE ELMO PLANNING COMMISSION, EFFECTIVE IMMEDIATELY. Council Member Bloyer seconded the motion. Mayor Pearson voiced his appreciation for Ms. Yocum’s interest in serving. MOTION PASSED 5-0. SUMMARY REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: finishing performance reviews this week. Commended Mike Bouthilet for integrating reviews with the new classification system; 2014 plan of work; continuing to work with MetCo on MOU; meeting regarding 5th street alignment; Dept. head meeting reading The LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 19, 2013 Page 6 of 6 Advantage about running a healthy organization; staff Christmas party will be on 12/13. Council is invited; Mr. Zuleger will be gone 12/19-12/30. City Attorney Snyder: met with Met Airports and MnDOT and staff on airport zoning; South of 10th road meeting; groundwater regulation being pursued by DNR will be of interest to all east metro cities. Allows cities to exert more control on groundwater; meeting with 3M at end of month to discuss . Planning Director Klatt: Met Council Community Development meeting. Received approval of village comp plan amendment. MetCo staff generally was receptive of the density reduction proposals; Eagle Point Business Park has school being proposed; recommended development moratorium in RAD-2/Alt; working on airport zoning. City Engineer Griffin: reminded council of resident meeting at 6pm on 11/20; meeting with developers on Section 34 to discuss 5th street public improvement. Expecting them to petition for assessment instead of paying up front. Finance Director Bendel: 2014 budget draft. Feedback by Friday to publish for TNT meeting. prepping audit. City Clerk Bell: livestock ordinance is expected to be brought to Planning Commission on 12/9. Planning to bring livestock and chickens and bees to Council on 12/17. Both will include a public hearing; recently finished renewing City massage licenses; liquor licenses renewals will be coming to Council on 12/3. Mayor Pearson adjourned the meeting at 8:34PM. LAKE ELMO CITY COUNCIL ATTEST: _______________________________________ Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk