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Home My WebLink About03-01-2011 CCMLAKE ELMO CITY COUNCIL MINUTES March 1, 2011 1 MINUTES APPROVED: March 15, 2011 City of Lake Elmo City Council Minutes March 1, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Pearson and Smith Absent: Council Member Park Also Present: Administrator Messelt, Planners Klatt and Matzek, City Attorney Snyder, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the March 1, 2011 City Agenda, as amended by moving Agenda Item 9 and 10 to the Consent Agenda. Mayor Johnston seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: The City Council accepted the February 15 and February 17th City Council minutes, by consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA: MOTION: Council Member Smith moved to approve the Consent Agenda and Agenda Items #9 and #10. Council Member Pearson seconded the motion. The motion passed 4- 0. Approve payment of disbursements and payroll in the amount of $354,065.89 Approve 2011 Accounting Services Contract with C & J Consulting Services, as amended to include a second hourly rate of $50 per hour for certain higher-level, project specific activities, as identified. Personnel Committee Recommendation: Authorize the City Administrator to solicit bids and contract for Professional Services and address certain organizational and personnel-related matters as identified by the Personnel and Budget/Finance Subcommittees LAKE ELMO CITY COUNCIL MINUTES March 1, 2011 2 REGULAR AGENDA: Firefighter Relief Association Drawing District Fire Chief and President of Fireman’s Relief Association, Brad Winkels assisted the City Council in conducting the annual drawing for the Lake Elmo Firefighters Relief Association. Consider Donation and Budget Adjustment/Designation for Washington County 4H Federation Dan Dolan requested a $500 donation to the Washington County 4H Federation for support for the annual programming provided by 4H. MOTION: Council Member Smith moved to approve Budget Adjustment 2011-002 in the amount of $500 from Mayor and Council Discretionary to Washington County 4H Federation. Council Member Emmons seconded the motion. The motion passed 3-1. (Council Member Pearson voting against). Rezoning Map Amendment; Rezoning of Two Properties off of 27th Street Kelli Matzek, Planner, requested Council consider a zoning map amendment application, which was discussed and tabled during the February 15th Council meeting, The applicant, Lake Elmo Bank, is requesting to rezone two vacant properties from RR (Rural Residential) to R-1 (One Family Residential) which would reduce the minimum lot size requirement from ten acres to one and a half acres. This would bring the lots into compliance for minimum lot size with the potential result of two buildable lots. Based on Council direction from February 15th including discussion with the Valley Branch Watershed District, the following options were presented: Option 1: Approve Zoning Map Amendment with conditions recommended by Planning Commission; leaving driveway access in its current location off of 28th Street. Option 2: Approve Zoning Map amendment with conditions as originally recommended by Planning Staff, along with certain subsequent considerations; moving all driveway access to 27th Street N. City staff recommended approval of the zoning map amendment to allow the rezoning, as it is in conformance with the Comprehensive Plan (Option Two) with Conditions. 1. The applicants must provide documentation to the satisfaction of the City Attorney that all property line discrepancies be resolved. 2. Any future building permit is subject to a full review at the time of submission. 3. The applicants shall provide a driveway access easement on the northern property and city-owned property to allow access for the southern property to 28th Street North. LAKE ELMO CITY COUNCIL MINUTES March 1, 2011 3 4. The applicants of future property owners are encouraged to work with the City and the Valley Branch Watershed District on a potential land trade, at a cost ($500-$1000) to the City. Jim Palecek, 2798 Jamley Avenue N., provided pictures of the flooding he has incurred on his property. He said if the Valley Branch Watershed District put in a bigger culvert and cleared the culvert out more often the flooding would not occur. He supported the proposed land swap. The Council encouraged the future property owners to work with the City and the VBWD on a potential land trade and on the siting of the home being less opposing to the neighbor. Planning Director stated the survey, new legal description; recording would be done at City expense at a cost of $500-$1000. Klatt will approach the VBWD to share half the cost. MOTON: Mayor Johnston moved to adopt Ordinance 08-039 (Option 2) approving a Zoning Map Amendment for Two Properties Off of 27th and 28th Street From Rural Residential To R-1: PID: 21-029-21-14-0003 and 21-029-021-014-0002. Council Member Pearson seconded the motion. Motion passed 4-0. MOTION: Council Member Smith moved to direct staff to pursue land swap with new property owners to coincide with diagrams presented prior to the purchase agreement being signed. Council Member Pearson seconded the motion. The motion passed 4-0. Reconsideration of Sub-Committee Assignments At the request of Council Members Smith, Emmons and Pearson, the City Council was requested to reconsider appointments to the 2011 Council Subcommittees. Council Member Emmons noted he would be willing to stay on the Budget/Finance Subcommittee and Council Member Pearson indicated his interest in serving on same Subcommittee. The City Council made no change to the assignments to the following Council Subcommittees: Budget/Finance: Smith and Pearson, Human Resources: Emmons and Mayor Johnston, Job Growth/Business: Park and Pearson, and Regional and State Affairs: Smith and Emmons Resolution Supporting CTIB – Request by Gateway Corridor Commission The City Council was requested to consider Resolution No. 2011-006, supporting Washington County’s continued participation in the Counties Transportation Improvement Board (CTIB), as requested by the Gateway Corridor Commission. This item was handed out at the Council Meeting. LAKE ELMO CITY COUNCIL MINUTES March 1, 2011 4 MOTION: Council Member Smith moved to delay action on this agenda item for sufficient time for Council review and until there is a full Council at the March 8th Council Meeting. Council Member Pearson seconded the motion. The motion passed 4- 0. Clarification on Surface Water Utility – Ag Properties The 2010 Budget/Finance Subcommittee recommended the City Administrator be authorized to prepare for consideration of an amendment to the City’s Storm Water Management Utility Ordinance to address the calculation of the utility factor for parcels classified as Agriculture. The existing ordinance language defines a utility factor of 6 applied to each identified parcel, while current and past billing practice has been to utilize a utility factor of 3 applied to each parcel, based upon a per-acre calculation. Historical research identifies the latter practice of per acre charges to be more proportionate to smaller agricultural parcels. The Sub-committee recommended that an amendment to the Ordinance be prepared to codify the current utilization of the per-acre calculation. In doing so, the Council will also be afforded with options to leave the current utility factor at 3 (via amendment), revert to the existing Ordinance provision of 6, or structure a graduated increase from 3 to 6. The City Administrator noted that mailing of annual storm water bills for 2010 of this classification are being held, pending Council direction. The 2009 storm water bills were sent out in December 2009. MOTION: Council Member Emmons moved to authorize the City Administrator to prepare for consideration an amendment to the City’s Storm Water Management Utility Ordinance to address the calculation of the utility factor for parcels classified as agriculture, as identified by the Budget/Finance Subcommittee. Council Member Smith seconded the motion. The motion passed 4-0. Update on the Early Childhood Family Center City Administrator Messelt reported that School District changes to the Joint Powers Agreements last week went beyond the scope of authority vested by the City Council to the Mayor, Administrator and Attorney. As a result, the School District did not take action on either proposed JPAs at its February 24th meeting. Lake Elmo Staff met with the School District staff on Monday, February 28th, at which time significant progress was made. It is currently proposed that, if feasible, a consensus JPA document would be completed and presented for Council discussion/action on March 8th and School District discussion/action on March 10th. The proposed project timeline would be amended accordingly, though the Public Hearing with the Planning Commission regarding the proposed re-zoning would proceed on March 7th, as advertized. This City Council meeting was recessed at 8:43 p.m. until March 8, 2011 at 7:00 p.m. LAKE ELMO CITY COUNCIL MINUTES March 1, 2011 5 Respectfully submitted by Sharon Lumby, City Clerk Ordinance No. 08-039 (Option 2) approving zoning map amendment for two properties off of 27th Street and 28th Street from Rural Residential to R-1 LAKE ELMO CITY COUNCIL MINUTES March 1, 2011 6 The meeting adjourned at p.m. ___________________________________________ Respectfully submitted by Sharon Lumby, City Clerk