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Home My WebLink About06-07-2011 CCMLAKE ELMO CITY COUNCIL MEETING JUNE 7, 2011 1 MINUTES APPROVED: June 21, 2011 City of Lake Elmo City Council Meeting Minutes June 7, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons (7:04), Park, Pearson, and Smith Also Present: Administrator Messelt, Attorney Snyder, and City Engineers Griffin and Stempski, Planning Director Klatt, Finance Director Bouthilet and City Clerk Lumby. APPROVAL OF AGENDA: MOTION: Council Member Pearson moved to approve the June 7, 2011 City Council Agenda as amended. ADD: Agenda Item No 10: Summer Schedule for Workshops. Council Member Park seconded the motion. The motion passed 4-0-1 (Emmons abstained from voted as he just arrived at meeting.) ACCEPTED MINUTES: The May 17, 2011 City Council minutes, as amended, were accepted by consensus of the City Council. PUBLIC COMMENTS: Judy Mitchell, Lake Elmo VFW Auxiliary, presented a POW/MIA flag to the City Council. Dave Engstrom, Friends of Washington County, presented the proposed amendments to Minnesota Rules for MPCA Landfill Siting Requirements. The State Legislature adopted new statutory requirements and MPCA has promulgated proposed Amendments to the MN Rules Chapter 7001 and 7035 to implement the new statutory requirements. The City Council directed the City Administrator to draft a letter from the City in support of the proposed amendments. CONSENT AGENDA: MOTION: Council Member Smith moved to approve the Consent Agenda, as presented. Council Member Pearson seconded the motion. The motion passed 5-0. Approve Payment of Disbursements and Payroll in the amount of $230,685.50 REGULAR AGENDA: LAKE ELMO CITY COUNCIL MEETING JUNE 7, 2011 2 Draft Amendment to Fence Ordinance – Ordinance No. 08-044 & Resolution 2011-021 The City Council was requested to review the ordinance that was drafted to allow solid fences up to 72 inches in height through lots where the rear yard is adjacent to high traffic roadways under certain circumstances. Planner Klatt reported that on May 3, 2011 the City Council directed staff to draft an ordinance amending the fence code to allow solid fences to be constructed up to 72 inches in height for those lot lines abutting major roadways on through (double frontage) lots. Option A allows solid fences in the rear yards of through lots that abut roads classified as a principal arterial (such as Highway 36) and A minor arterial (such as Manning Avenue South of Highway 5) or a B minor arterial (Lake Elmo Avenue between Highway 5 and 10th Street). The Planning Commission reviewed the draft ordinance, held a public hearing and provided a recommendation that included amendments to the draft ordinance (Option B) allowing a solid fence to be constructed up to 72 inches in height along those same roadways previously identified, but also when it is a side or corner yard. The Commission found that if screening fences were allowed on through lots that abut major roadways, then it should also be acceptable to allow such fences along corner lots that are located adjacent to the fence ordinance. Planner Klatt also pointed out that a fence cannot be erected in the OHWM in the shoreland overlay district. A resident spoke in support of the ordinance, but stated that he would like to be able to extend a solid fence to all sides of his lot. He suggested reducing the variance fee for fence variances. Council Member Smith pointed out the fence would look very odd if the third leg of the fence is not the same size as the overall fence. MOTION: Council Member Smith moved to approve Ordinance No. 08-044A as recommended by the Planning Department except for (c) on page 5 until a diagram is received describing (c). Council Member Park seconded the motion. MOTION: Mayor Johnston moved to amend the motion by reinserting (c) as proposed by staff. Council Member Pearson seconded the motion. The motion passed 4-1(Council Member Smith voting against.) MOTION: Council Member Smith moved to approve Ordinance No. 08-044A as recommended by the Planning Department and Resolution No. 2011-021 for publication. Council Member Park seconded the motion. The motion passed 4-1. (Council Member Smith voted against). LAKE ELMO CITY COUNCIL MEETING JUNE 7, 2011 3 MOTION: Council Member Park moved Agenda Item No. 9 Commercial Water Rate for discussion. Council Member Pearson seconded the motion. The motion passed 5-0. Commercial Water Rate - Discussion The City Council voted to table this issue from the May 17 Council meeting to the May 24 workshop for further discussion, but it was cancelled because of a lack of quorum. The City Council approved the water conservation rate in 2009 in order to comply with state requirements, but the new system has led to unintended spikes in water bills for business like hotels and restaurants that require large volumes of water for their operation. Tom Bouthilet, Finance Director, presented a number of alternative billing arrangements such as the seasonal rate system. The Staff recommends the City pass on the alternatives and instead modifies its current system, which breaks down businesses and residences into usage tiers with escalating charges per 1,000 gallons used. He said the challenge for the City is to find a way to satisfy state requirements, city revenue needs and commercial users with one system. Mo French, Wildwood Lodge, stated she appreciated the efforts of the Council and staff, but said the sooner changes are made the better. This agenda item will be discussed at the next City Council workshop. Kindred Court Drainage Corrections: Approve plan and order design The City Council was asked to consider approving the Kindred Court Drainage Corrections project in 2011 by authorizing design, directing staff to obtain contractor quotes, and retaining a contractor to complete the work for a not to exceed total project amount of $44,200. Due to a minimal street grade and localized settlement on the street in this area, the roadway has not drained properly over the past several years. The trapped water is a hazard and will continue to further deteriorate the roadway if left unrepaired. The captive water creates a pond in the roadway centered at the end of the driveway at 3720 Kindred Court. During freezing conditions, an ice patch forms in this area that covers over half the road. The Public Works Department has made multiple attempts to correct the issue. Corrective work for Kindred Court is not part of the City’s Street Capital Improvement Plan. Funding for this project would need to come from the street maintenance funds, which, for the 2011 Budget, is already 100% dedicated. This is not an assessable project. The Finance Department identified two funding alternatives. MOTION: Mayor Johnston moved to approve the Kindred Court Drainage Corrections project to be constructed in 2011 and funded through Bond proceeds for the 2011 Street Improvement Bonds, for a not to exceed amount of $44,200. Council Member Pearson seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MEETING JUNE 7, 2011 4 Public Meeting: Annual Municipal Separate Storm Sewer System (MS4) Report for 2010 and accept MS4 Annual Report Ryan Stempski, Assistant City Engineer, reported the City Council is being asked to conduct the Municipal Separate Storm Sewer System (MS4) permit program Public Annual meeting and accept the 2010 MS4 Annual Report. Mayor Johnston opened the public meeting and there was no one to speak for or against the Report. MOTION: Council Member Smith moved to accept the Municipal Separate Storm Sewer System (MS4) Annual Report for 2010, and authorize staff to submit this report to the MPCA by June 30, 2011. Council Member Pearson seconded the motion. The motion passed 5-0. Roles, Responsibilities and Functions of Subcommittees Council Member Emmons asked the City Council if it was comfortable with Human Resource/Personnel Subcommittee working with Council-Staff relations. Consensus of the Council was that it was comfortable with the work of the HR/Personnel Subcommittee. Discussion ensued regarding the efficacy of continuing with topics specific Subcommittees or migrating to a “committee of a whole” approach to topics and issues currently addressed via the Subcommittees. Consensus of the Council was to leave the current Subcommittee structure in place as is and review at the end of the year. The Council extended an invitation to the Planning Commission to attend Council meetings on major issues. Yellow Ribbon Network; Resignation of Jennifer Pelletier Jennifer Pelletier has resigned her position as Chair of Beyond the Yellow Ribbon. The Council discussed the process of filling this position. Council Members Park and Smith will continue to contact interested residents, while Mayor Johnston indicated finding a Chair was not the role of the Council, but of the organization. . The Council recognized Jennifer Pelletier for her efforts and extended service on the Beyond the Yellow Ribbon. LAKE ELMO CITY COUNCIL MEETING JUNE 7, 2011 5 Lake Elmo Avenue Infrastructure Project from I-94 to 30th Street The City Council was requested to consider approving a Resolution, Accepting Bids and Awarding the contract for the Lake Elmo Avenue Infrastructure Project, I-94 to 30th Street. Bids were received on April 19, 201. The City can retain the bids together with the bid securities for nor more than 60 days from the date of the bid opening (or until June 19, 2011). MOTION: Mayor Johnston moved to reject the bids received for the Lake Elmo Avenue Infrastructure Project from I-94 to 30th Street based on: Absence of easements conveyed Unfavorable bid results Decline of housing market Council Member Pearson seconded the motion. The motion passed 5-0. City Council Reports: Council Member Smith asked for a supporting invoice from Springsted, Inc. for number of hours it has worked on the HR/Organizational Personnel Related matters for the last 21 days. MOTION: Council Member Smith moved to request Springsted, Inc, submit a running tally of time incurred to date of work done on the HR/Organizational Personnel Related matters. Council Member Park seconded the motion. The motion failed 1-4 (Mayor Johnston, Council Members Emmons, Park and Pearson voting against.) The City Council adjourned the meeting at 10:23 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2011-021 Summary of Amendment to Fence Ordinance Ordinance No. 08-044A Amendment to Fence Ordinance *Receive bids for the Lake Elmo Avenue Infrastructure Project from I-94 to 30th Street