HomeMy WebLinkAbout11-18-2014 CCMLAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 2014
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CITY OF LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 18, 2014 Mayor Pearson called the meeting to order at 7:00 pm.
PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, Anne Smith, Justin Bloyer, and Mike Reeves.
Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt,
and City Clerk Bell.
PLEDGE OF ALLIGENCE
APPROVAL OF AGENDA
Council Member Smith pulled Items 11 and 12 for discussion.
MOTION: Council Member Nelson moved TO APPROVE THE NOVEMBER 18, 2014 CITY COUNCIL
AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTION PASSED 5-0.
ITEM 1: ACCEPT MINUTES
THE NOVEMBER 5, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED
BY CONSENSUS.
THE NOVEMBER 12, 2014 CANVASS BOARD MINUTES WERE APPROVED AS
PRESENTED BY CONSENSUS.
THE JULY 22, 2014 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS.
THE OCTOBER 7, 2014 CITY COUNCIL MINUTES WERE AMENDED AS PRESENTED BY CONSENSUS.
COUNCIL REPORTS:
Mayor Pearson: attended Gateway Corridor meeting; announced City received its first CAFR; public bonfire will be held in Sunfish Lake Park on 11/20 from 2pm to dusk.
Council Member Bloyer: no report
Council Member Reeves: attended Gateway Corridor meeting. There is an upcoming development forum in January that will discuss transit oriented development. East Metro Strong holding visioning meeting; Parks
Commission meeting included forester report; commended resident Wendy Griffin and her work on buckthorn management.
Council Member Smith: noted Sunfish Lake Park is largest upland forest in the county.
Council Member Nelson: attended Finance Committee meeting. The Committee discussed past issues with developer agreements and escrow funds. Item 15 is a result of those discussions. Mr. Nelson also called for
Council to review the CIP and consider the streets that were put off as it will need to be approved this year.
PUBLIC COMMENTS/INQUIRIES
FINANCE CONSENT AGENDA
2. Approve Payment of Disbursements and Payroll in the amount of $1,171,537.52.
3. Accept Financial Report dated October 31, 2014
4. Accept Building Report dated October 31, 2014
5. Accept City Assessor Report dated October 31, 2014
6. Pumphouse No. 4 Improvements – Change Order No. 1
7. Pumphouse No. 4 Improvements – Pay Request No. 6
8. 39th Street N: Street and Sanitary Sewer Improvements – Pay Request No. 2
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 2014
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9. Lake Elmo Avenue Trunk Watermain Improvements – Pay Request No. 4
10. Rotating Schedule for Sign Purchases
MOTION: Council Member Smith moved TO APPROVE THE FINANCE CONSENT AGENDA AS
PRESENTED. Council Member Nelson seconded the motion. MOTION PASSED 5-0.
OTHER CONSENT AGENDA 11. Assign Council Member Bloyer to County Library System Discussions
12. Assign Council Member Smith to Gateway Corridor Discussions
13. Acceptance of the Koch Pipeline Easement proposed in the Demontreville Wildlife Area
MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS
AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 5-0.
ITEM 11: ASSIGN COUNCIL MEMBER BLOYER TO COUNTY LIBRARY SYSTEM
DISCUSSIONS
Council Member Smith wants this decision to be taken up after the New Year when the new Council is
seated. Mayor Pearson noted that he is trying to take care of business while the city agenda is relatively light.
Council Member Nelson noted that Council Member Bloyer serves on the Library Board, so it would make
sense for him to be involved in the discussions.
Ms. Smith also noted she has no interest in serving on the Gateway Corridor discussion. Mr. Bloyer stated
that as a Library Board Member he would like to be involved in the library discussions.
MOTION: Council Member Nelson moved TO ASSIGN COUNCIL MEMBER BLOYER TO THE
COUNTY LIBRARY SYSTEM DISCUSSIONS. Council Member Reeves seconded the motion. MOTION PASSED 4-1 (SMITH – NAY).
ITEM 12: ASSIGN COUNCIL MEMBER SMITH TO GATEWAY CORRIDOR DISCUSSIONS
Council Member Smith declined the assignment. Council Member Bloyer volunteered.
MOTION: Council Member Nelson moved TO ASSIGN COUNCIL MEMBER BLOYER TO THE
GATEWAY CORRIDOR DISCUSSIONS. Council Member Reeves seconded the motion. MOTION PASSED
5-0.
REGULAR AGENDA
ITEM 14: LAKE JANE 201 SYSTEM
City Engineer Griffin presented an overview of the 201 public septic systems. They are owned and operated
by the City. There are four in the Old Village and four in the Tri-Lakes area.
It was stated that there is no imminent health threat with the specific system at issue. The system is not
failing, but would be considered non-compliant along with some functionality issues. It was also explained
that despite the fact the system was compliant when installed, now that the rules have been changed, it is no
longer compliant. There is no grandfathering in of those systems.
Staff asked for direction on possibility of purchasing land and expanding the number of users from the
surrounding properties to deal with future non-compliant systems. The alternative is to limit it to just the
current users and obtain a smaller parcel.
Council Member Nelson asked about the maintenance. It was explained that the City used to track
maintenance and the users were required to pump regularly – every one to two years. That has not been done
for a few years.
Lucy Golish, 9369 Jane Road, spoke about her history with the system. The tank has been pumped annually.
Her husband recently passed away, and she is trying to sell the property. Her son Rob Golish also attested to
the inspection and maintenance activity.
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City Administrator Zuleger explained that the City had Inspector Paul Brandt perform an inspection. His
report was included in the Agenda Packet. Depending on what the City elects to do, that the city could
provide a letter of intent to the residents to allow the property to be sold with the expectation that the septic
would be addressed next year.
The minimum size for a septic system was explained. The minimum size is at 20,000 feet. It was also
explained that it would be cost-prohibitive to bring sewer to the area.
Council Member Smith asked why the county is not responsible for providing the septic solution. It was
explained that the 201 systems are a City responsibility as part of the federal grant funding the City received
when the systems were installed.
Non-compliance vs. non-operational was further clarified. Mr. Griffin explained the various options: Repair,
replace and expanding the system. The City also has the option to get out of the business after the system is
made whole. The estimated number of parcels that would potentially need to connect is not known at this
time.
Council Member Smith asked how the City can verify users pump the systems regularly. Mr. Griffin said a
program to verify would have to be established. It was noted that the systems were designed to be 20 year-
systems. It has now been 30 years.
Council direction is to investigate and return to council with specific options and details. This would entail
authorizing Paul Brandt to study the individual specific issue. Expected costs were discussed. The specific
costs are not known at this time. Mr. Zuleger suggested adding not to exceed $5000 language to motion. The
immediate concern is to address the smaller issue, not the possible larger system. There is a chance that the
current site can be rehabilitated, but Mr. Brandt does not think it is likely.
MOTION: Council Member Bloyer moved TO DIRECT STAFF TO INVESTIGATE POTENTIAL REPAIR/REPLACEMENT ALTERNATIVES FOR THE JANE ROAD 201 WASTEWATER
SYSTEM (TRI-LAKES REMOTE D), NOT TO EXCEED $5000. Council Member Reeves seconded the
motion.
Council Member Nelson wants the City to look at the bigger picture. Mr. Nelson stated that the other
systems are at some point going to fail. It is incumbent upon the city to address it. He is not in favor of being in this business, but it has to be addressed. The urgency of addressing the current property was discussed.
City Administrator Zuleger suggested clarifying that the costs should be funded from the sewer fund with
costs applied to a future assessment. That language was added to the motion.
Council Member Smith is concerned that current residents may not be interested in joining the septic when
they do not need it at the moment. The Council consensus is in agreement but also believes it is prudent to
conduct survey because eventually the systems will fail. The systems have to be compliant for the properties
to be sold.
FINAL MOTION: DIRECT STAFF TO INVESTIGATE POTENTIAL REPAIR/REPLACEMENT ALTERNATIVES FOR THE JANE ROAD 201 WASTEWATER
SYSTEM (TRI-LAKES REMOTE D), NOT TO EXCEED $5000, FUNDED FROM THE SEWER
FUND WITH COSTS APPLIED TO A FUTURE ASSESSMENT. MOTION PASSED 5-0.
ITEM 15: DEVELOPER ESCROW RELEASE PROCEDURES; RES. NO. 2014-89
Council Member Nelson explained the background of this item and the Finance Committee’s proposal. The
Council agreed the proposal was a good step. The new policy is only related to developer agreements and not
individual permits.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 2014
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MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2014-89, DIRECTING THAT EFFECTIVE IMMEDIATELY ALL DEVELOPER ESCROW REFUNDS MUST BE
APPROVED BY THE LAKE ELMO CITY COUNCIL PRIOR TO RELEASE. Council Member Smith
seconded the motion.
MOTION PASSED 5-0.
STAFF REPORTS AND ANNOUNCEMENTS
City Administrator Zuleger: working with MPCA and DNR on parkland in the landfill; staff is trying to
reconcile the Carriage Station Park status; upcoming staff retreat; rebooting efforts with the EDA following
the recent Planning Commission meeting; upcoming milfoil meeting to work on grant funding; Met Council rebalancing discussion upcoming on 12/5 at 10AM; Discovery Crossing island was completed and related
vandalism was addressed; City received its first CAFR. It is very important for City bond rating.
City Attorney Snyder: routine development documents.
Community Development Director Klatt: Planning is reviewing development submittals; City received an
application for a new cemetery proposal.
City Engineer Griffin: Well No. 4 pump house is completed; 39th Street construction is postponed due to
the weather
City Clerk Bell: Neither Lake Elmo precinct was selected for Post-Election Review; the City is accepting applications for Rink Attendant position.
Mayor Pearson Adjourned the meeting at 8:05 pm.
LAKE ELMO CITY COUNCIL
ATTEST: ______________________________
Mike Pearson, Mayor _______________________________
Adam R. Bell, City Clerk