Loading...
HomeMy WebLinkAbout08-09-2011 CCMLAKE ELMO CITY COUNCIL MINUTES August 9, 2011 1 MINUTES APPROVED: August 23, 2011 City of Lake Elmo City Council Meeting Minutes August 9, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons, Park (arrived at 7:30 p.m.), Pearson and Smith Also Present: Planning Director Klatt, Attorney Snyder, City Engineer Griffin, Public Works Supervisor Mike Bouthilet, Finance Director Tom Bouthilet, and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to Approve the August 19, 2011 City Council Agenda as amended by moving Items 13 & 14 to the top of agenda. Council Member Pearson seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: The July 19, 2011 City Council minutes were accepted as amended by consensus of the City Council. PUBLIC COMMENTS: None CONSENT AGENDA: MOTION: Council Member Smith moved to approve Agenda Items 4, 5 & 6. Council Member Pearson seconded the motion. The motion passed 4-0. Approve the Joint Powers Agreement with the Washington County Sheriff’s Office for provision of Animal Control Services Authorize the City to contract with ServiceMaster to clean the carpet at Fire Station One and City Hall and to clean the City Council chamber chairs, at an approximate cost of $769.11, plus tax. Adopt a Medical Restrictions Policy pertaining to work-related and non-work related medical restrictions LAKE ELMO CITY COUNCIL MINUTES August 9, 2011 2 Approve payment of disbursements and payroll Council Member Smith commented on the following disbursements: *Repairs to Fire Vehicle E1 - 4 claims for a total of $11,000. This is an awful lot of money to put into an old vehicle. *Nordquist Sign $295. Additional charges for welcome sign at Keats Avenue *Hilton Garden Inn, Rochester, MN $112.49 City Administrator attended the League of MN Cities Conference MOTION: Council Member Smith moved to approve payment of disbursements and payroll in the amount of $367,662.53. Council Member Pearson seconded the motion. The motion passed 4-0. Approve a premises lease agreement with the Lake Elmo Arts Center at 3585 Laverne Avenue North For the last five years, the Lake Elmo Arts Center has leased the former dwelling and detached garage space. The lease agreement expires on August 9, 2011. The agreement would be for one year with the ability to renew. Council Member Smith inquired, and Mayor Johnston answered, that there are scheduled activities at the Lake Elmo Art Center. MOTION: Council Member Smith moved to approve a premises lease agreement with the Lake Elmo Arts Center at 3585 Laverne Avenue North. Council Member Pearson seconded the motion. The motion passed 4-0. REGULAR AGENDA: Resolution No. 2011-030 Authorizing a Master Joint Powers Agreement with Bureau of Criminal Apprehension The City Council was requested to consider approving a resolution authorizing a Master Joint Powers Agreement between the City and the State of Minnesota’s Department of Public Safety, Bureau of Criminal Apprehension (BA) for utilization of certain systems and tools available over the State’s criminal justice data communications network. This item was scheduled at the request of the City Attorney. Associated costs for these services are already indirectly paid for via the current contracts with the City Attorney and Sheriff’s Office. MOTION: Council Member Pearson approved Resolution No. 2011-030, Authorizing a Master Joint Powers Agreement with the Bureau of Criminal Apprehension for the use of systems and tools available over the State’s criminal justice data communications network. Council Member Emmons seconded the motion. The motion passed 4-0. LAKE ELMO CITY COUNCIL MINUTES August 9, 2011 3 2nd Quarter 2011 Financial Report - Postponed until August 23, 2011 The City Council received a summary report highlighting the 2011 second quarter financials, along with the second quarterly report for year 2011. MOTION: Council Member Smith moved to postpone discussion on this agenda item until the August 23, 2011 City Council meeting. Council Member Emmons seconded the motion. The motion passed 5-0. Minnesota Blue Star Award Program – Receipt and Presentation of Award to the City The City Council was requested to adopt Resolution No. 2011-031 recognizing the City with the Blue Star Award for Excellence in Community Storm Water Management. The Blue Star Program is brought to you by Friends of the Mississippi River in partnership with Emmons & Olivier Resources, Inc. Lake Elmo has achieved the third highest score of all 42 cities that have completed the program assessment and earned special recognition as the only Minnesota City to score in the top five overall in each of the three sections of the Blue Star Assessment. MOTION: Council Member Emmons moved to approve Resolution No. 2011-031, recognizing the City of Lake Elmo with the Blue Star Award for Excellence in Community Storm Water Management. Council Member Smith seconded the motion. The motion passed 5-0. Update on “No Wake” Provisions on Area Lakes The City Council received an update on recent changes to “no wake” regulations on area lakes. Recent high water conditions led to City Council consideration of establishing “slow, no wake” provisions on area lakes, until such time as water levels recede. The City has received temporary approval by DNR of the “slow, no wake” provision until a more comprehensive review of the entire ordinance can be undertaken by the City, Minnesota Department of Natural Resources and Valley Branch Watershed District. Council action resulted in the imposition of an advisory “slow, no wake” zone on Lakes Olson and DeMontreville for approximately three days. Lakes Jane and Elmo did not reach the OHW during these past rain events. The following residents spoke against the “no wake” regulation stating the proposed OHW of 929.3 ft. versus the past OHW of 930 ft. was too low and overly restrictive. Patrick Dean, 8028 Hill Trail N., stated he represented Lake DeMontreville/Olson Association Board of Directors who felt the new “no wake” ordinance is too restrictive and would greatly inhibit the use of Lake Olson and DeMontreville, consequently, affecting property values. Mr. Dean provided a history of water level readings to show how often the lakes maintained levels above the Ordinary High Water Mark. The association requested the City raise its OHWM to a level of 930 feet which has been the OHW level for the lakes until 2007. LAKE ELMO CITY COUNCIL MINUTES August 9, 2011 4 David Carlson, 8554 Hidden Bay Trail N., stated the 929.34 ft. OHWM is overly restricting. He has seen minimal damage of lakeshore and recommended following DNR regulations of installing rip rock at the lakeshore to prevent erosion. Mr. Carlson also requested the elimination of regulation, “No person shall operate any motorboat at a speed other than slow, no wake speed between sunset and noon the following day……” Jim Dillon, 8190 Hill Trail N., lives on the DeMontreville /Lake Olson channel, appreciated the Council taking action as quick as they did to prevent possible erosion on his property. He said the OHWM is set by the DNR and people ignore the No Wake buoys. Justin Bloyer, 8881 Jane Road N. provided a petition representing 77 percent of the Lake Jane property owners requesting Lake Jane be exempted from the “No Wake” provision. In his opinion the restrictions reduce their market values. Gary Kimlinger, 9461 Jane Road N., stated he would be against lowering the OHWM on Lake Jane to 920 ft. Jerry Heroff, 9477 Jane Road N., requested consideration of elimination of regulation, “Hours of operation: No Wake speed between Sunset and Noon the following day”. The DNR approval of Ordinance 08-050 is valid through October 31, 2011. The City will work with Kim Elverum, MN DNR water safety coordinator, on review and approval of a permanent ordinance that would comply with the surface use statutes and rules. Residents will be notified when this item will be on a Council agenda. Consider Ordinance No. 08-052 – No Parking at Carriage Station Park The City Council was requested to consider Ordinance No. 08-052 regarding the proposed posting of “No Parking” signs at the access to Carriage Station Park. It has been reported that cars are parking on Marquess Avenue, blocking the asphalt trail going into the Park. The Public Works Department will post two “No Parking” signs 45 feet apart, at the entrance to the Carriage Station Park. Posting “No Parking” signs at the trail access to the park is a legitimate, warranted request which would allow bikers and pedestrians safe passage into the park. MOTION: Council Member Pearson moved to approve Ordinance No. 08-052 directing that NO PARKING BETWEEN SIGNS be posted with a 45 foot interval at the asphalt trail leading into Carriage Station Park from Marquess Trail N. and that such be added to the City’s official no parking zones. Council Member Smith seconded the motion. The motion passed 4-0. LAKE ELMO CITY COUNCIL MINUTES August 9, 2011 5 Hotel/Motel Water Rates – Discussion & Proposed Ordinance No. 08-051 The City Council received an update on efforts to address issues related to water service to the Wildwood Lodge and discuss Staff’s evaluation of proposed alternatives to the City’s commercial water rate structure to potentially address identified concerns with respect to hotel/motel water users. On July 19th, 2011, the City Council discussed possible alternative domestic water rates for commercial hotel/motel customers. The Council also reviewed past considerations relating to infrastructure integrity and billing practices. This item was directed by Council to be placed on this meeting agenda. Finance Director Bouthilet reviewed the impact of Options D1 and D2, modified Commercial Water Rate Structure. Cathy Bendel, C&J Consulting reviewed the water utility analysis 2009-2010. Per Council Member Park’s request, C&J Consulting provided for Council consideration the following modified commercial water rate structure, which Moe French, representative of Heart of America supported: Option D2 Cost Per Gallons Per Quarter 1,000 gallons 0-15,000 $3.11 15,001 – 30,000 $3.11 30,001 – 50,000 $3.26 50,001 – 80,000 $4.00 80,001 – 150,000 $4.00 150,001 – 200,000 $4.00 Over 200,000 $4.00 (Quarterly domestic, non-irrigation usage only) MOTION: Council Member Park moved to approve Ordinance No. 08-051, adopting Option D2, A modified Commercial Water Rate Structure for Hotel/Motels. Council Member Smith seconded the motion. The motion passed 5-0. Council Member Smith thought it was only fair to go back to January 2010 because the City and Mo French, WWL have been trying to work on this, but was placed on the back burner for two years. MOTION: Council Member Smith moved to adopt Scenario D-2 @$4.00 Credit due through Q2-11, 2010 ($10,901.54) and 2011 ($5,746.66) for a total of $16,648.19. Council Member Pearson seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES August 9, 2011 6 Update re:Library Service Consideration Attorney Snyder updated the City Council on efforts to retain and enhance library services for the Lake Elmo community. Snyder stated there does not appear to be any issues with the City’s ability to take over a levy for library services. It is still uncertain whether Washington County will provide certain services and work in a partnership with the City. Mayor Johnston and Council Member Pearson will attend the August 16th County Board meeting where the Library Budget will be discussed. This was only an informational update so there was no action taken on the follow-on activities noted for Council consideration. Consider Ordinance No 08-053 – Stop Sign at 47th St. N. and Kimbro Avenue N. The City Council considered Ordinance 08-053 regarding the proposed modification from a Yield Sign to a Stop Sign at the intersection of 47th Street N, and Kimbro Avenue N. This item was scheduled at the request of the City Public Works Department and the Washington County Sheriff’s Office. It has been requested that increased traffic and speeds along 50th St. N, and 43rd Street N. and Kimbro have increased safety concerns for the intersection of 47th St. N. and Kimbro Avenue N. An existing YIELD sign could be replaced with a STOP sign to increase safety at this intersection. MOTION: Council Member Smith moved to approve Ordinance No. 08-053, directing replacement of an existing YIELD sign with a STOP sign at the intersection of 47th St. N. and Kimbro Avenue N. and that such be added to the City’s official traffic control inventory. Council Member Pearson seconded the motion. The motion passed 4-0. The Council adjourned the meeting at 9:10 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2011-030 Master Joint Powers Agreement with Bureau of Criminal Apprehension Resolution No. 2011-031 Blue Star Award for Excellence in Community Storm Water Management Ordinance No. 08-051 Adopt Option D2, a modified commercial water rate structure for Hotel/Motels Ordinance No. 08-052 No Parking Signs at Carriage Station Park Ordinance No. 08-053 Replace an existing Yield sign with a Stop sign at the intersection of 47th St. N. and Kimbro Avenue N.