Loading...
HomeMy WebLinkAbout03-20-2012 CCMAPPROVED MARCH 20, 2012 LAKE ELMO CITY COUNCIL MINUTES MARCH 20, 2012 City of Lake Elmo City Council Minutes March 20, 2012 Acting Mayor Emmons called the meeting to order at 7:00 p.m. PRESENT: Acting Mayor Emmons, Council Members Smith, Park & Pearson Also Present: City Administrator Zuleger, Attorney Snyder, City Engineer Griffin, Planning Director Klatt, Finance Director Bendel, and Director of Public Works Bouthilet. REMEMBRANCE OF ROBERT VAN ZANDT / CHAIR, PLANNING COMMISSION: Acting Mayor Emmons called for a moment of silence in remembrance of Bob Van Zandt, Chairman of the City of Lake Elmo Planning Commission. Following the moment of silence Council Members & Staff reflected on Mr. Van Zandt’s impact on the community. Council Member Pearson noted that Mr. Van Zandt was truly a pillar of the community. Council Member Smith described Mr. Van Zandt as always being involved for the betterment of the community. Council Member Park expressed her appreciation for Mr. Van Zandt’s ability to find common ground. Administrator Zuleger stated that in his short tenure with Lake Elmo Mr. Van Zandt had taken him under his wing. Planning Director Klatt reflected on his fondness for Mr. Van Zandt and appreciation for his leadership style as a Planning Commission Chairman. APPROVAL OF AGENDA: City Administrator Zuleger requested that one item be added to the Consent Agenda #7 – Affirmation of the Hiring of a City Clerk, that one item on the Regular Agenda #11 – Lot Area (Size) and Width Variance – 5577 Lake Elmo Avenue N. be continued on the April 3, 2012 City Council Agenda at the request of the applicant, and an item be added to the Regular Agenda #11 - Council Discussion of Metropolitan Council Wastewater Inefficiency Fee Memo dated March 5, 2012. MOTION: Council Member Smith moved to approve the March 20, 2012 City Council Agenda as amended. Council Member Pearson seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: Council Member Pearson asked that the minutes under the Regular Agenda Item – MnDNR Watercraft Inspection Grant be amended to read: Paragraph 2; Council Member Pearson commented that non-lake shore owners take “the onus off of the MnDNR”. Pearson also asked that the Motion be amended to read “Council Member Pearson voting against – lakeshore owner’s responsibility as residents “already pay for lake concerns through taxes and other related fees”. The March 6, 2012 City Council Minutes were accepted as amended by consensus of the City Council. PUBLIC COMMENTS / INQUIRIES: There was no public comment presented. REPORTS: Council Member Pearson reported that he attended the March 15th Homeowners Association Meeting with the City Administrator. In addition, he attended meetings concerning the Metropolitan Transit Park and Ride Plans, APPROVED MARCH 20, 2012 LAKE ELMO CITY COUNCIL MINUTES MARCH 20, 2012 and a briefing from the Minnesota Department of Health on the status of PFC groundwater contamination in Lake Elmo. Council Member Emmons noted that he also had attended the same meetings in re: Metropolitan Transit Park & Ride and Minnesota Department of Health on groundwater contamination. Council Member Smith inquired to the status of the Old Village landowners meeting that occurred during spring break and asked for a report from the Planning Director. City Administrator Zuleger updated the City Council that (8) Homeowners Association Representatives attended the open forum on March 15th. He noted he appreciated the thorough briefing by the Minnesota Department of Health on the PFC groundwater contamination issue. Zuleger alerted the Council that he would be meeting with Washington County Sheriff’s Department Sgt. Halverson on traffic enforcement and other issues on Wednesday March 21, 2012. Zuleger provided a brief issue update on the library building purchase, storm water fee appeals, and the development of financial pro forms for the water, sewer, and surface water funds. City Attorney Snyder noted that he was working with the City Engineer on the real estate transaction needed to acquire land for Municipal Well #4. In addition, he reported that he had received statistical data from the Washington County Sheriff’s Department on Lake Elmo and that he thought it would be beneficial for the Council to hear a presentation on the same data. Snyder provided the Council with an update on the land detachment appeal process. Council Member Emmons asked for an update on the 3M litigation and Snyder noted that he would be happy to offer a report in Executive Session. City Engineer Griffin reported that he was working with the Valley Branch Watershed District on acquiring additional reimbursement funds for the installation of rain gardens for the 2012 street improvement projects. He also asked the Council to refer to his written report for a summary of his activities since the last Council meeting. Planning Director Klatt gave an update on both the 1-94 and Old Village Work Groups. He noted that the I-94 group is continuing to work on buffering plans and easement in preparation for a Comp Plan amendment and zoning plan. The Old Village Work Group had a major landowners meeting during the week of March 13th and there was some discussion on Transfer Development Rights. Klatt also noted that a member of the Old Village Work Group was working on illustrative concept to provide some texture to the land use plan. Klatt informed the Council of the MnDOT Highway 5 Landscaping Grant planting event on June 2, 2012; Council Members are encouraged to attend. Klatt also noted that staff had met with Washington County on establishing trail access and parking areas for bike / ped access into western parts of the Lake Elmo Park Reserve. He will present County recommendations to the Planning Commission next week. Director of Public Works Bouthilet noted that he was gearing up for spring by changing out the hockey boards for tennis nets, preparing the parks and completing some early road patching. He has not yet put away the winter maintenance equipment. CONSENT AGENDA: MOTION: Council Member Park moved to approve the Consent Agenda. Council Member Smith seconded the motion. The motion passed 4-0. Approved disbursements and payroll in the amount of $95,705.35 2012 Seal Coat Project – Agreement for Joint Services with West Lakeland Township 2012 Seal Coat Project – Preparations of Plans and Specifications Professional Engineering Support Services – Adopt Consultant Pool Approval and Reading of Arbor Day Proclamation APPROVED MARCH 20, 2012 LAKE ELMO CITY COUNCIL MINUTES MARCH 20, 2012 Affirm the Hiring of the City Clerk – Sandie Thone Council Member Smith commended the City Engineer for his work in assembling an effective consultant pool and was glad to see a local consultant on the list. City Administrator Zuleger provided a brief summary of the qualifications of the new City Clerk, Sandie Thone. He noted her seven years as the Clerk of Mendota Heights, MN. Prior to that, she h ad a career in quality management and process improvement. He noted she will be an excellent addition to the management team and will focus on taxpayer service and organizational improvement. REGULAR AGENDA: DPW MULTI-USE 2012 PICK-UP PURCHASE (PER MAC) – DPW Director Mike Bouthilet presented the findings and recommendation about the purchase of a heavy duty pick -up. Bouthilet explained that the Ford 250 was chosen via the state contract because of its pulling capability and price. Bouthilet noted that by adding the $600 spring package the F-250 actually becomes an F-350 for about $10,000 less in price. Smith / Pearson noted a price disparity in the MAC minutes from the base price of the truck and the total price with the plow package and lighting system. The MAC minutes will be corrected to reflect the total price of $33,735 which included additional safety lights recommended by the MAC members by phone poll. MOTION: Council Member Smith moved to approve the purchase of the 2012 F-250 off the MN State Contract with MAC proposed accessories, including the additional warning lights, for $33,735.30 and to put the 1985 Dodge up for auction. Council Member Pearson seconded the motion. The motion passed 4-0. OLSON LAKE TRAIL SANITARY SEWER EXTENSION – JOINT SEWER PROJECT WITH THE CITY OF OAKDALE – City Engineer Griffin introduced the City of Oakdale Olson Lake Trail sewer extension project. At the last Washington County Transportation meeting the Director of Public Works for Oakdale inquired as to Lake Elmo’s interest to extend sewer service to at least (2) properties that would be in proximity to the Oakdale project. Griffin explained the Oakdale project in detail and noted the (15) Lake Elmo properties that could benefit from a sewer extension service. Griffin provided a historical perspective on a petition spearheaded by Lake Elmo resident Roger Johnson that would have requested hook-up to the Oakdale sewer system on the DeMontreville peninsula. While Griffin noted that he and his staff had not had time to examine the private system efficacy of those affected, he did note that they were able to contact 9 out of the 15 properties along the extension route and 6 expressed interest in the service and 3 were not interested . Efforts are being made to contact the remaining six property owners. A dialogue occurred between Council Members and the City Engineer on next steps or expressed interest to have Oakdale extend the project to Lake Elmo residents. City Engineer Griffin noted that the next step would be a feasibility study at an approximate cost of $15,000 that would be shared between Oakdale and Lake Elmo. Griffin also stated that Oakdale and Lake Elmo were waiting to hear from Washington County on what their plans might be for maintenance on County Highway 13. Council Member Smith said she saw a benefit in pursuing the project but needed more information on the County’s commitment to work on CTH 13 and a more complete response from affected residents. Griffin responded that if the County does not do the CTH work that Oakdale believes there is enough room to place the pipe in the ditch. Council Member Pearson asked how quick Oakdale needed an answer. Griffin responded that Oakdale would like the project to commence in 2013. The Council also explored the idea of extending the pipe beyond the initial 15 properties affected. Council Member Smith re-iterated the need for more information from Washington County and the residents. Council Member Park said she would like to see an extension to the two-year hook-up for residents who just made an investment in new septic systems. Attorney Snyder cited several different deferment agreements that could be used to accomplish the extension. Council Member Pearson concluded that the project has practical merit, but would like to see more support from the residents involved. Griffin will continue to acquire information. APPROVED MARCH 20, 2012 LAKE ELMO CITY COUNCIL MINUTES MARCH 20, 2012 COUNCIL – STAFF GOAL SETTING RETREAT - Administrator Zuleger outlined the upcoming Council- Staff Planning Retreat to be held on April 20-21, 2012 at the Wildwood Lodge in Lake Elmo. The retreat hours will be from 5:30 PM – 9:30 PM Friday evening and from 8:30 AM to Noon on Saturday. Don Salverda & Associates will conduct the retreat and provide an after action plan. Staff Members required to attend are: City Administrator, City Clerk, Finance Director, City Planning Direct or, DPW, City Engineer (s), Fire Chief and the City Attorney if he is so inclined. The Wildwood Lodge has arranged for a special rate for those wishing to spend the evening. MOTION: Council Member Smith moved to affirm the Lake Elmo Council-Staff Retreat be held on April 20-21, 2012 at the Wildwood Lodge in Lake Elmo at an expense not to exceed $3200. Council Member Pearson seconded the motion. The motion passed 4-0. SURFACE WATER UTILITY FEE APPEAL / CREDIT POLICY – Administrator Zuleger brought the Council up-to-date on surface water appeals reconciliation process. He has come to an agreement with 7 out of the first 10 appellants – some of the appeals were four years old. However, the process has been difficult because the Surface Water Ordinance has no defined appeal process or credit standards to use for reconciliation. Zuleger handed out the current Lake Elmo Surface Water Ordinance for review. Zuleger outlined a five criteria appeal / credit policy that focused on a residents “intentional” effort to retain surface water. The policy focused on defining “intentional retention”, rain barrels, rain gardens, engineered surface water retention ponds, swales, and other facilities, and an economic hardship policy. Zuleger noted that he may have to add an additional policy point that took into account “intentional plantings of riparian buffers to prevent suspended solids from reaching surface waters. Acting Mayor Emmons noted that he liked the use of the word “intentional” as a means of establishing a policy, but was interested in whether adopting a more technical formula that evaluated impervious surfaces as a method of assessing the fee. City Engineer Griffin said that this calculation was a possibility and perhaps that the City could use the County’s resources to look at it, but the process might be cost prohibitive. Zuleger noted that the current fee structure is based on the ability to cash flow the operational activity of the City’s surface water utility. Emmons would like staff to look into the impervio us surface calculation process. Zuleger reported that it was the staff’s desire to have a revision to Chapter 53 of the Municipal Code by June 1st to allow ample time before next year’s fee assessment process. Zuleger also noted that the upcoming newsletter will have a four-page insert explaining the purpose of the utility and ways that residents can help in the process. Council Member Smith said that resident’s concerns may be calmed if we could split the payment up into quarters similar to the water bill. City Engineer Griffin gave a brief explanation of the federal, state and water shed district mandates that have to be complied with as part of the surface water utility obligations. Finance Director Bendel predicted that after the appeal reconciliation p rocess was complete she could foresee only 2 – 3 appeals per year with minimal fiscal impact. MOTION: Council Member Smith moved to have staff develop a surface water appeal process / credit policy to be added to Chapter 53 of the Municipal Code by June 1, 2012. Further, staff is directed to use their best judgment in negotiating and collecting past due receivables using the five point policy structure outline in the March 20, 2012 Council Summary. Council Member Park seconded the motion. Motion passed 4-0. METROPOLITAN COUNCIL WASTEWATER INEFFICIENCY FEE – At the request of Acting Mayor Emmons, the Council reviewed a March 5, 2012 memo from the Metropolitan Council to Lake Elmo Administrator Zuleger detailing the City’s obligation to meet a Residential Equivalent Connection (REC) level of 515 by December 31, 2015. Emmons felt that it may be appropriate for the Council to respond to the memo to clarify the understanding between both parties and to express the Council’s thoughts on the calculation of the te n- year rolling average. Council Member Smith stated that she felt that the 515 REC unit obligation was not unreasonable if Lake Elmo was serious about growth plans. Attorney Snyder noted that the Metropolitan Council and Lake Elmo have made great strides and in-roads in understanding and that the Metropolitan Council would probably welcome an interaction. Zuleger noted that he and Planning Director Klatt would be meeting with Metropolitan Council staff on Monday, March 26th to discuss the current MOU and that he would directly supply that information to the City Council. Council Member Pearson asked about the possibility of APPROVED MARCH 20, 2012 LAKE ELMO CITY COUNCIL MINUTES MARCH 20, 2012 expanding properties that may be included for REC unit credit. Council Member Smith explained the current MOU REC unit expectation of 6600, which had been negotiated down from 8300. The differential of 1700 REC units were to be used by the City of Lake Elmo for remediation purposes. It was agreed that after the meeting between the two staffs, that Acting Mayor Emmons, Council Member Smith and staff will craft a response to the March 5, 2012 communique with review by Attorney Snyder. The meeting was adjourned at 8:42 PM Respectfully submitted by Dean A. Zuleger, City Administrator