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HomeMy WebLinkAbout05-20-2014 CCMLAKE ELMO CITY COUNCIL MINUTES MAY 20, 2014 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES MAY 20, 2014 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, Anne Smith, Mike Reeves and Justin Bloyer (7:03 pm). Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development 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 MAY 20, 2014 CITY COUNCIL AGENDA AS PRESENTED. Council Member Nelson seconded the motion. MOTION PASSED 4-0. ITEM 1: ACCEPT MINUTES THE MAY 6, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. COUNCIL REPORTS: Mayor Pearson: Julie Fliflet appointment to Finance Committee. The Committee is still looking for one more member, preferably a small business owner; the City was successful in obtaining $3.5 Million in state bonding. The Mayor thanked all who were involved. City Administrator Zuleger elaborated on the sponsors and parties who worked to accomplish this task. MNDEED will be administering the funds. Council Member Smith congratulated everyone and asked what conditions were included. Mr. Zuleger explained that the City’s application included repaying the state some funds from any potential recovery against 3M. Mr. Zuleger specifically recognized Beckie Gumatz’s role in lobbying. Mayor Pearson also noted that this will greatly help the water situation. Council Member Bloyer arrived at 7:03 pm Council Member Smith: no report Council Member Nelson: no report Council Member Bloyer: met with residents on lake levels in city; noted he was aware of discussion surrounding dog park in city; reported hearing about an incident with a resident at the Lennar building site. Mr. Bloyer asked counsel about the role of people representing the city. Mr. Bloyer suggested that the person involved should be removed from any City positions of authority. Council Member Reeves: attended parks commission meeting. Group discussed proposed a dog park. Reported there is nothing imminent happening on the dog park. Residents from Sanctuary also inquired about that neighborhood’s park at the meeting; attended Gateway Corridor meeting. Reported that he learned a lot about that project; attended the annual firefighter dinner. Council Member Smith noted that she has received phone calls from Sanctuary residents who are questioning the recent approval of the tennis courts by the Jr. High while they have been waiting for some time for their park improvements. Mr. Reeves noted that part of the delay was that the city was hoping to have a joint park with surrounding property. Public Works Director Bouthilet commented that the trail would be possible this year. Council Member Nelson acknowledged that the water bonding was a huge deal, and the impact on the water system will be great. Council Member Bloyer noted that there was a recent Wall Street Journal article on the MN Met Council. He suggested that people read it. PUBLIC COMMENTS Library Director Linda Orsted reported upcoming events at the Library: Patricia Cornell will speak on farmers’ markets; second annual summer reading program – “Read S’more Books.” There will be a medallion hunt and afternoon programs. Event will be on library calendar; space expansion is nearly complete. Library LAKE ELMO CITY COUNCIL MINUTES MAY 20, 2014 Page 2 of 6 is opening up space to children’s room. Expect to be in space by early June; Library will be closed on Memorial Day. PRESENTATIONS a. Lake Elmo Rotary Jim Leonard from the Lake Elmo Rotary Club presented check to the city of Lake Elmo in amount of $1,100 from the Gold Plate Dinner. He also thanked Mike Bouthilet and Public Works for the job they have done with the ice rinks. The Mayor thanked Rotary for the contribution to the City. Council Member Reeves commended the school class for their efforts. b. Lake Elmo Elementary Speak Your Peace Recap Alyssa MacLeod introduced Lake Elmo Elementary 6th grade teacher Paula Verstegen. Ms. Verstegen spoke about how the 6th grade class implemented Speak Your Peace. Students presented video that they created. c. Fire Department New Officer Fire Chief Malmquist explained the officer changes. He administered the oath to the new officers. New officers are: Assistant Chief Mike Cornell, Station #1 Captain Nick Witter, and Station #1 Captain Lieutenant Larry Cornell. Mayor Pearson thanked the Fire Department for their service. d. Damon Farber Associates Streetscape Design Tom Whitlock and Jesse Symynkywicz, of DFA presented the proposed streetscape design. He provided overview of the entire process that has been undertaken thus far. The opportunity to bury overhead power lines and the related benefits was discussed. Xcel study will cost $5,000. Council Member Nelson asked about which lines. City Administrator Zuleger stated considering tracks to Hwy 5. Council Member Reeves supports having Xcel do the study. Mayor Pearson does as well. Council Member Bloyer wants the business community to fund the option. Council Member Smith supports spending the money for the study. She does not believe that the business community should have to pay for this on its own. She believes that this is an investment in the downtown. Mr. Nelson supports doing the study, but he would like some buy-in by the business community. The Council consensus was to support the study. The proposed enhanced intersections, sidewalk extension, and bump-outs were explained. Safety will improve dramatically due to the shortened distances from curb to curb. This would also create a continuous sidewalk from south of the tracks north to Hwy 5. It was noted that closing several of the non-used driveways would also add parking capacity. Stormwater management was explained and can include rain gardens and similar vegetation, silva cells (storing water underneath boulevard trees), and permeable pavers. Mayor Pearson pointed out that the options look great, but the cost will be a factor. Mr. Reeves supports possibly reusing the stormwater for irrigation. Ms. Smith commented again that many of these improvements are investments in developing a viable downtown. Mr. Nelson asked that the City Engineer provide input. Mr. Reeves expanded on Ms. Smith’s comments that these are 40-50 year improvements. Mr. Whitlock explained the three levels of streetscape improvements (Basic, Moderate, and Advanced) and scope of proposed area. Ms. Smith stated that she would love to have the advanced level for the whole area, but thinks the main segment of Lake Elmo Avenue should have the advanced level to start and upgrade other remaining sections as downtown grows –basically Option 1. Mr. Bloyer stated he would support Option 1 if he were to support the improvements. He noted that there are many variables involved. Mr. Reeves would support a hybrid Option 1.5. He questioned the need to have sidewalks farther south along Lake Elmo Avenue. Mr. Nelson urged baby steps and prudence. He would support Option 1. Mr. Zuleger asked if Option 1 is selected, a gateway would be possible at Hwy 5 as well. DFA confirmed that it was. Council consensus was supportive of attracting people to downtown. Public open house will be held on June 12th, and then the findings will be brought back to Council. TIF Districts and redevelopment grant were discussed. LAKE ELMO CITY COUNCIL MINUTES MAY 20, 2014 Page 3 of 6 MOTION: Council Member Bloyer moved TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUES. Council Member Nelson seconded the motion. City Attorney Snyder inquired about what the matter was, stating that more specifics are needed in order to know if an executive session was warranted. Mr. Snyder advised the Council that he receive more info and then hold the executive session outside of this meeting. Council Member Bloyer rescinded his motion. MOTION: Council Member Bloyer moved TO RECESS FOR 5 MINUTES. Council Member Nelson seconded the motion. MOTION PASSED 5-0. Meeting recessed at 8:30 pm. Mayor Pearson reconvened the meeting at 8:38 pm. City Attorney Snyder explained that the previous question was discussed with Councilman Bloyer and that the closed session is not needed at this time. MOTION: Council Member Nelson moved TO MOVE ITEM 14 TO BEGINNING OF REGULAR AGENDA. Council Member Smith seconded the motion. MOTION PASSED 5-0. FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $282,142.09 3. Accept Financial Report dated April 30, 2014 4. Accept Building Report dated April 30, 2014 5. Accept City Assessor report dated April 30, 2014 6. Production Well No. 4 – Pay Request No. 6 7. Section 34 Water and Sewer Utility Extension Improvements – Pay Request No. 4 MOTION: Council Member Smith moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 8. Driveway Ordinance Amendment, Ordinance 08-109 9. City Code Amendment - Net Density Definition, Ordinance 08-110 Council Member Smith pulled Item 9 for discussion. MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Mayor Pearson seconded the motion. MOTION PASSED 5-0. ITEM 9: CITY CODE AMENDMENT - NET DENSITY DEFINITION, ORD. 08-110 Community Development Director Klatt explained the reason for the proposed code amendment. The purpose is to define the term that we are using in a consistent manner. The proposed definition is similar to what the Metropolitan Council uses. Council Member Smith is not concerned how the Met Council defines the term. She prefers what some of the other surrounding communities have used. Mr. Klatt explained that the main purpose to provide a consistent standard and that it is better for the City to have this definition because it will not allow non- developable land to count towards density calculation. This will actually help density be more accurate. Ms. Smith wants the density calculation to be appropriate. Council Member Nelson asked if this will discourage private parks and open space. Mr. Klatt said that it should not. It will force developers to carefully consider the lot sizes and number of lots. MOTION: Council Member Smith moved TO APPROVE ORDINANCE 08-110 ADDING A DEFINITION FOR NET DENSITY TO THE CITY CODE. Council Member Reeves seconded the motion. LAKE ELMO CITY COUNCIL MINUTES MAY 20, 2014 Page 4 of 6 Mayor Pearson noted that his neighborhood has neighborhood maintained open spaces and it serves as a decent model. MOTION PASSED 5-0. REGULAR AGENDA ITEM 14: PUBLIC HEARING: 12TH STREET VACATION; RES. NO. 2014-33 Community Development Director Klatt provided overview of the proposed street vacation. He noted that this request has been before the Council two previous times. Now that a satisfactory survey has been received with needed information, staff is comfortable with the requested vacation. The City Engineer approved this item, but requested that the ROW be wider. City Attorney Snyder cautioned that because the vacation is taking place adjacent to a waterway, the DNR will have to be notified. Council Member Reeves asked how much of a threat building a structure on the existing infrastructure would pose. Mr. Klatt said that without a specific proposal, that is difficult to determine. The 15 foot ROW meets current needs, but is not ideal. The vacation does not make the situation worse. MOTION: Council Member Smith moved TO OPEN THE PUBLIC HEARING. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. PUBLIC HEARING OPENED AT 9:05 PM. No public input. MOTION: Council Member Reeves moved TO CLOSE THE PUBLIC HEARING. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. PUBLIC HEARING Closed AT 9:06 PM. MOTION: Council Member Smith moved TO ADOPT RESOLUTION 2014-33, APPROVING A REQUEST TO VACATE A PORTION OF THE 12TH STREET RIGHT-OF-WAY LOCATED WITHIN THE MYRON ELLMAN SUBDIVISION SUBJECT TO THE DNR NOTIFICATION. Council Member Bloyer seconded the motion. Council Member Smith commented that she is glad that this long time problem is finally being rectified. MOTION PASSED 5-0. ITEM 10: APPROVAL OF PARK EQUIPMENT PURCHASE: PICK-UP, TRAILER, AND UTILITY VEHICLE Public Works Director Mike Bouthilet explained the request. The current park vehicles do not meet the current needs. This purchase will also allow the City to groom our own ski trails instead of relying on the County to do it. This will include cost savings and improved service. The Park Commission approved this. Mr. Bouthilet explained that the City can receive grant funds to recover up to 90% of the use cost. Council Member Reeves asked about the funding. City Administrator Zuleger explained that the purchase will be spread out across multiple funds. $25,285.20 – 30% out of Vehicle Fund, $16,856.95 – 20% out of Stormwater Fund and $42,132.58 - 50% from Park Dedication Fund. Mr. Bouthilet further explained the cost savings and the grant process. Initially there will be a cost savings, but at some point, the threshold would be met where the savings are replaced by increased service at an overall increased cost. It was clarified that all the equipment will be used for the parks and other areas and therefore split alike. MOTION: Council Member Nelson moved TO PURCHASE A NEW 2014 TRAILER, 2015 FORD F250 PICKUP WITH PLOW, AND 2014 KUBOTA UTILITY VEHICLE WITH BALL FIELD AND X- C SKI GROOMERS NOT TO EXCEED THE AMOUNT OF $84,284.76 PAID FOR 20% OUT OF STORMWATER FUND, 30% OUT OF VEHICLE FUND, AND 50% OF PARK FUNDS. Council Member Smith seconded the motion. Mayor Pearson commented that he hopes this expenditure and the improved trails will increase the use of Sunfish Lake Park. MOTION PASSED 5-0. ITEM 11: APPROVAL OF AERIAL FIRE TRUCK PURCHASE LAKE ELMO CITY COUNCIL MINUTES MAY 20, 2014 Page 5 of 6 Fire Chief Malmquist explained background on the Aerial Fire Truck purchase. The truck is a 78 foot aerial. Council Member Nelson asked when the truck would be delivered if ordered now. If ordered now, it will be available in early 2015. Council discussed waiting to bond to save on interest. Borrowing next year would save interest, but the City would still have a truck payment this year. Finance Director Bendel recommends bonding this year. Chief Malmquist explained the condition of the current 34 year old truck. The repair costs are increasing yearly. Ms. Bendel explained the impact on the taxpayers. It will result in roughly $25 more per year per current resident for 10 years. MOTION: Council Member Smith moved TO APPROVE $715,000 FOR THE PURCHASE OF: AERIAL FIRE TRUCK FROM ROSENBAUER, FIRE HOSE FROM EMERGENCY RESPONSE SOLUTIONS, RADIO REMOVAL FROM CURRENT TRUCK BY ANCOM, ADDITIONAL TOOLS AND EQUIPMENT AS SPECIFIED AS WELL AS APPROVAL OF INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING TO OBTAIN HGAC PRICING. Council Member Reeves seconded the motion. Council Member Smith thinks that the City made an error in past not purchasing two trucks for the price of one. Past issues could possibly have been mitigated by newer improved equipment. She strongly supports this purchase to provide better service to residents. Mayor Pearson would have preferred a better solution, but this is the best option we have at this time. Council Member Bloyer too wishes there were better options, but this is the option available. Council Member Nelson acknowledged that Public Safety Committee members were very frugal in the decision. Council Member Reeves believes the Council is making the right decision in supporting the Fire Department. Chief Malmquist noted that this purchase will greatly increase the confidence of the force. Mr. Bloyer asked if chief was okay with a78 ft. truck. The Chief stated yes. Mr. Bloyer reiterated that many of these purchases are fixing past problems. He hopes the City does not wait another 34 years to correct problems. Ms. Smith likened this to investing in roads. Mr. Nelson acknowledged the accomplishments in the past 18 months. Mr. Reeves noted that the City has to make investments in order to attract people to the city while still being frugal. At times there may be things council members personally to not necessarily agree with, but it is the right thing to do for the city. Chief Malmquist explained how this will help with recruiting. Mayor Pearson also acknowledged that fixing the past problems will require spending money and this needs to be done prudently. MOTION PASSED 5-0. Council Member Bloyer asked what will be done with the old truck. Chief Malmquist said the department will try to sell it. ITEM 12: SAVONA DEVELOPER’S AGREEMENT; RES. NO. 2014-31 Community Development Director Klatt explained that this item was part of final plat conditions. This is the first agreement in about 7 years, and this is the first sewered development in the city. The key aspects of the agreement include the following components: That all improvements are to be completed by October 31, 2015; that the developer provide a letter of credit in the amount of $3,113,846 related to the cost of the proposed improvements; and that the developer provide a cash deposit of $316,432 for SAC and WAC charges, engineering administration, one year of street light operating costs, and other City fees, but not including the required fee in lieu of park land dedication. Staff is still waiting to obtain an estimated fair market value related to the developer’s fee in lieu of park land dedication (or the equivalent of 3.74 acres). This amount will need to be included in the agreement and will increase the cash payments required by the developer. This project will set the stage for future development in the area. The only amendment that staff requests are: on Page 17, section 33 under warranty: add “or cash equivalent” and on page 18, section 34 should reflect “total cost.” LAKE ELMO CITY COUNCIL MINUTES MAY 20, 2014 Page 6 of 6 MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION 2014-31 APPROVING THE DEVELOPER’S AGREEMENT FOR SAVONA INCLUDING NOTED AMENDMENTS. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 13: 2014 SEAL COAT PROJECT – ACCEPT BIDS AND AWARD CONTRACT; RES.NO. 2014-32 City Engineer Griffin explained the scope and status of the project. The total cost for the project is $193,389.88 of which $189,889.88 is the Cities. The project was authorized by the City council on April 15, 2014 in the amount of $213,000, so the bids came in under the estimated cost. Council Member Smith departed at 9:49 pm. MOTION: Council Member Reeves moved TO APPROVE RESOLUTION NO. 2014-32, ACCEPTING THE BIDS AND AWARDING A CONTRACT TO PEARSON BROS., INC. IN THE AMOUNT OF $265,298.88 FOR THE 2014 SEAL COAT PROJECT; WHICH INCLUDES THE ALTERNATE BID FOR LAKE ELMO IN THE AMOUNT OF $189,889.88; THE BASE BID FOR WEST LAKELAND IN THE AMOUNT OF $44,175.00; AND THE BASE BID FOR BAYTOWN IN THE AMOUNT OF $31,234.00. Council Member Nelson seconded the motion. Council Member Nelson reiterated that financially, this proposal meets what the Finance Committee desired. MOTION PASSED 4-0. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: asked that council be present at the Met Council for the formal termination on 5/28. Mr. Zuleger commended Nick, Kyle, and Jack for their work and getting along with Met Council staff. City Attorney Snyder: working with security and assessment and waivers for southeast developments; reported working on 39th Street waivers. Community Development Director Klatt: stormwater at Hammes site impacted a neighboring property. Staff is working with contractor to remediate the impact; upcoming public hearing on shoreland ordinance at Planning Commission; the Engstrom development will move to a PUD concept plan and to expect that in June; the lighting ordinance is part of the work plan and will be worked on as quickly as time allows; Mr. Klatt also noted that Catherine (Casey) Reily has began as a Planning Intern this week. City Engineer Griffin: property owner meeting for 2015 street improvements; Lake Elmo Ave Water bids are in and are lower than expected. Finance Director Bendel: Finance Committee meeting, cash flow analysis. City Clerk Bell: working with staff on securing 39th St. documentation; beginning preparation for 2014 elections; attended meeting with the MN Public Facilities Authority to investigate obtaining public infrastructure grants; met with the Metro-INET Technology Consortium; reported that staff has denied a number of chicken applications due to lot size restrictions in the Old Village. Mayor Pearson adjourned meeting at 10:04 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk