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Home My WebLink About02-08-2012 CCM APPROVED AS AMENDED FEBRUARY 21, 2012 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 8, 2012 1 City of Lake Elmo City Council Minutes February 8, 2012 Acting Mayor Emmons called the meeting to order at 7:05 p.m. PRESENT: Council Members Park, Pearson, and Smith ABSENT: Mayor Johnston Also Present: City Administrator Zuleger, Attorney Snyder, City Engineer Griffin, Planning Director Klatt, and Interim City Clerk Luczak APPROVAL OF AGENDA: MOTION: Council Member Pearson moved to approve the February 8, 2012, City Council Agenda. Council Member Park seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: The January 17, 2012, City Council minutes were accepted by consensus of the City Council. PUBLIC COMMENTS/INQUIRIES: Dustin Olson, Stillwater Area High School, introduced himself and was attending his first City Council meeting. REPORTS: Acting Mayor Emmons was appreciative of the recent progress made by the I-94 and Old Village Work Groups. Council Member Smith informed the Council that she and Steve DeLapp put together a vision of what the Old Village could look like for the site behind the Lake Elmo Lumber property. It’s a starting, working point to meet with the Administrator and a developer, and should be on the City website as possible. She thanked Steve DeLapp, the I-94 and Old Village Work Groups. Council Member Pearson attended the I-94 Work Group meeting; he also attended a METC meeting last week. Council Member Park welcomed the new Administrator. APPROVED AS AMENDED FEBRUARY 21, 2012 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 8, 2012 2 City Administrator Zuleger introduced himself and provided a brief background regarding proper organizational structure; financial indebtedness; operational administration; community engagement. City Attorney Snyder reported he had filed the detachment appeal. Planning Director Klatt informed the Council that the dilapidated building on 10th Street will be demolished, possibly as a Fire Dept. burn project; the I-94 and Old Village Work Groups are meeting regularly; Planning Dept. received first land use plan variance and Public Hearing is scheduled. Interim City Clerk Luczak reported that there was one opening for a Second Alternate on the Planning Commission. Interviews will be held at 6:30 p.m. on February 21, 2012, prior to the City Council meeting. CONSENT AGENDA: MOTION: Council Member Smith moved to approve the Items 3 and 4 of the Consent Agenda. Council Member Park seconded the motion. The motion passed 4-0. Agreement for Services between the City of Oakdale and City of Lake Elmo Authorization to Apply for MnDOT Community Roadside Landscaping Partnership Program and Authorized Primary Contact Person; Resolution 2012- 001. Council Member Pearson received clarification of a Fire Dept. expense. MOTION: Council Member Pearson moved to approve the Item 2 of the Consent Agenda. Council Member Smith seconded the motion. The motion passed 4-0. Approved disbursements in the amount of $141,695.79. REGULAR AGENDA: Receive Public Comments regarding Possibility of Purchasing Property for Library Acting Mayor Emmons stated that the City Council was accepting residents input of the pros and cons of purchasing a building for the Lake Elmo Library. City Administrator Zuleger explained the options the City requesting resident input regarding financing options; “pay as you go” conventional loan; use of the remaining bonding proceeds in the City Hall/Public Works subject to any issuance clause; new bond issue. APPROVED AS AMENDED FEBRUARY 21, 2012 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 8, 2012 3 Council Member Smith stated a third possibility of renting a building in the Old Village, and then determining the long-term possibilities. Additional discussion ensued about other locations and how to combine green space for the Library and City Hall in the Old Village. City Council Members discussed bonding vs. bonding; the rent option was still available; cost in terms of leasing; currently utilizing a building City-owned; rental income not dependable source of income; estimated cost of repairs; available money was originally bonded for City Hall and Public Works building. Rosemary Meier, 11284 32nd Street N., spoke in favor of purchasing the “clock” building; donated books currently stored in Public Works and Parks buildings; Interim Library is not a destination library. Sarah Linder, 11108 12th Street N., spoke in favor. Due diligence done: rent vs. purchase, budgets, repairs within library levy, no new taxes, volunteers, weekly Library Board meetings, and fostering sense of community. Todd Williams, 3025 Lake Elmo Ave. N., commented that the City Council elected to leave the Washington County Library system and now they need to act. Opportunity appreciated asset, good use of taxpayer money, tremendous outpouring of books and time for Council to act. Paul Pallmeyer, 8989 Lake Jane Trl. N., asked about a referendum to let the people determine if residents want a library on a permanent basis. Attorney Snyder informed Council and residents that a referendum was not an option as tonight’s meeting is part of the process. Justin Bloyer, 8881 Jane Rd. N., commented that the City Council moved from looking at the set-up at the Art Center, then the Rosalie E. Wahl Library (Lee) building. He stated the vocal minority spoke in favor but would like to see if the library is a viable option before purchasing. Marjorie Williams, 3023 Lake Elmo Ave. N., commented that the State mandates the money must be set aside yearly for the library levy. A library increases foot traffic, businesses, and enhances downtown. Council Member Smith read email from resident Liz Johnson, not in favor of purchasing a building. Richard Heath, 11590 21st St. N., requested confirmation of residents supporting the library; utilize a voucher system; City should lease the building with an option to buy. APPROVED AS AMENDED FEBRUARY 21, 2012 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 8, 2012 4 Council Members discussed the voucher system, and are aware that business owners support a library. The City Council thanked the residents for their attendance and providing their comments. Council recessed at 8:40 p.m. The meeting reconvened at 8:45 p.m. Council Member Park requested an Agenda change, moving the Regular Agenda Item K9 to K7 (Durand Variance). MOTION: Council Member Park moved to changed Regular Agenda Item No. 9 (Durand Septic Variance) to Regular Agenda Item 7. Council Member Pearson seconded the motion. The motion passed 4-0. Variance on Lake Elmo Avenue: Clyde Durand Planning Director Klatt updated the Council about the non-compliance septic system at 2860 Lake Elmo Avenue. The City Council had requested alternative designs since the property owner had requested several setback variances and additional options were explored. City Council discussed concerns about reliability of the system, holding tanks, treatment options, and the Ordinary High Water. Paul Brandt, Soil Investigation and Design, provided additional background information on the septic design to be installed. Attorney Snyder recommended the property owner sign a document regarding the conditions of approval and have it recorded against the property. MOTION: Council Member Smith moved to approve Resolution 2012-002 (A) approving setback variances related to the Construction of a Subsurface Sewage Treatment Systems at 2860 Lake Elmo Avenue North, with the findings to allow the placement of a sewage treatment system within 39 feet from the Ordinary High Water Elevation (OHW) of Lake Elmo, and to allow the installation of a septic tank five feet from an occupied building and a treatment and dispersal area within ten feet of an occupied building. Council Member Park seconded the motion. The motion passed 4-0. Demontreville-Highlands Area Street Improvements – Accept Feasibility Report and Call for Public Improvement Hearing City Engineer Griffin presented the findings of the Feasibility Report for the Demontreville Highlands Area Street Improvements. The Feasibility Report was completed in accordance with Minnesota Statute Chapter 429 and was authorized on December 6, 2011. Accepting this report allows the calling of a Public Improvement APPROVED AS AMENDED FEBRUARY 21, 2012 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 8, 2012 5 Hearing and keeps the project on schedule for potentially being constructed in 2012. Acceptance of this report is the first step of the procedural action required to move into a “hearing” and does not mandate action by the City Council to proceed with the project. MOTION: Council Member Smith moved to adopt Resolution No. 2012-002 Accepting the Feasibility Report for the Demontreville Highlands Area Street Improvements and Calling for a Public Improvement Hearing to be held on March 6, 2012. Council Member Pearson seconded the motion. The motion passed 4-0. Keats Ave. N. MSA Street and Trunk Watermain Improvements – Accept Feasibility Report and Call for Public Improvement Hearing City Engineer Griffin presented the findings of the Feasibility Report for the Keats Avenue N. MSA Street and Trunk Watermain Improvements. The Feasibility Report was completed in accordance with Minnesota Statute Chapter 429 and was authorized on December 6, 2011. Accepting this report allows the calling of a Public Improvement Hearing and keeps the project on schedule for potentially being constructed in 2012. Acceptance of this report is the first step of the procedural action required to move into a “hearing” and does not mandate action by the City Council to proceed with the project. MOTION: Council Member Smith moved to adopt Resolution No. 2012-003 Accepting the Feasibility Report for the Keats Avenue North: MSA Street and Trunk Watermain Improvements and Calling for a Public Improvement Hearing to be held on March 6, 2012. Council Member Park seconded the motion. The motion passed 4-0. Lighting Ordinance Planning Director Klatt requested the City Council authorize the Planning Commission to proceed with updating the City’s lighting ordinance. Justin Bloyer, 8881 Jane Road N., stated that lighting was a safety issue and requested the Planning Commission look at the idea of exempting lighting at the lakeside of the home. Council Members recognized the property owner safety issues and directed the Planning dept. to review the lake owners concerns. MOTION: Council Member Pearson moved to affirm the Planning Commission to revisit updating the City’s lighting ordinance. Council Member Smith seconded the motion. The motion passed 4-0. The meeting adjourned at 10:46 p.m. Respectfully submitted by Carole Luczak, Interim City Clerk APPROVED AS AMENDED FEBRUARY 21, 2012 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 8, 2012 6 Resolution 2012-001: Authorized Application for MnDOT Community Roadside Landscaping Partnership Program and Authorized Primary Contact Person Resolution 2012-002: Approved Setback Variances Related to the Construction of a Subsurface Sewage Treatment System at 2860 Lake Elmo Ave. N. Resolution 2012-003: Received and Accepted Feasibility Report for Demontreville Highlands Area Street Improvements and Calling Hearing on Improvements Resolution 2012-004: Received and Accepted Feasibility Report for Keats Avenue North: MSA Street and Trunk Watermain Improvements and Calling Hearing on Improvements