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HomeMy WebLinkAbout10-18-2011 CCMLAKE ELMO CITY COUNCIL MINUTES October 18, 2011 1 MINUTES APPROVED: November 1, 2011 City of Lake Elmo City Council Minutes October 18, 2011 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members Emmons (arrived 7:03 p.m.), Park, Pearson and Smith Also Present: Interim Administrator Dawson, City Engineer Stempski, Attorney Sandstrom, Planning Director Klatt, and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the October 18, 2011 City Council agenda, as amended by adding Discussion on the Interim Finance Director. Council Member Pearson seconded the motion. The motion passed 4-0. ACCEPTED MINUTES: None PUBLIC COMMENTS/INQUIRIES: CONSENT AGENDA: MOTION: Council Member Pearson moved to approve Consent Agenda. Council Member Park seconded the motion. The motion passed 5-0. Approve payment of disbursements and payroll in the amount of $183,116.56 Approve Partial Payment No. 3 in the amount of $101,530.37 to be paid from the Project und for the 2011 Street and Water Quality Improvements project Authorize staff to retain a contractor to complete the 2011 Crack Seal Project in a total project amount not to exceed $19,000 Purchase holiday lights from Main Street Designs for $5,508.00 plus tax and not to exceed $800 electrical budget from the Fall Festival Fund an any donated money reimbursed to the fund Approve Ordinance No. 08-054 directing placement of one “No Parking Here To Corner” sign, South Bound – West Side from Highway 5 North 80 feet and Two “No Parking” signs North Bound – 180 feet from Highway 5 East Side LAKE ELMO CITY COUNCIL MINUTES October 18, 2011 2 Interim Finance Director Council Member Smith asked for Council consideration on appointing C&J Consulting as the Interim Finance Director. Joe Rigdon, KDV, has been appointed Interim by the past administrator. Smith pointed out the cost savings of approximately 100-300 percent if the City appointed C&J Consulting. MOTION: Council Member Smith moved to appoint C&J Consulting as Interim Finance Director with a 100 percent savings to the City. Council Member Park seconded the motion. The motion failed 3-2 (Emmons, Johnston, Pearson voting against) The Council will discuss this as an agenda item at a future Council meeting, but wanted to review the Springsted report before they took any action on an Interim Finance Director. Accept Petitions and Consider Possible Revisions to Ordinance Section 97.21 Regarding “No Wake” Hours of Operation on Area Lakes The Council scheduled this item to accept resident petitions and discuss possible revision to City Ordinance Section 97.21 governing operation of motor craft and the hours of “no wake” speeds on area lakes. These lakes include Olson-DeMontreville, Jane and Elmo. Lake Elmo has restrictions in place on area lakes for “no wake” operation from sunset to 12 noon the following day. However there is no record of any significant enforcement actions taken with respect to this provision. Enforcement is undertaken by the Washington County Sheriff’s on behalf of City of Lake Elmo. In August, area property owners from Lake Jane submitted a petition to the City requesting the City Council change these “slow, no-wake” provisions to sunset to 9 AM. Other property owners from Lake Jane submitted a petition to the City opposing such changes. Property owners along Lake Elmo have spoken against such changes. The Council consensus was to vote on restrictions for each lake individually. Mayor Johnston voiced his concerns about equal treatment for property owners MOTION: Council Member Smith moved to leave the slow, no-wake provision in place (sunset until noon) on Lake Elmo. Council Member Pearson seconded the motion. The motion passed 5-0. MOTION: Council Member Park moved to discuss current regulations for “slow, no- wake” provisions on Lake Jane. Council Member Pearson seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES October 18, 2011 3 Lake Jane Petition stating opposition to changing the no-wake rule on Lake Jane for the following reasons: Lake is small and doesn’t support both wake and no-wake activities at the same time To believe property values are less because you can’t water ski until noon is ridiculous There are people that have purchased houses on Lake Jane because of the no-wake rule Shoreline erosion is a concern Like the rule as is. Changing it will make it easier for future changes that upset neighbors By limiting the hours it forces people who live on the lake to compete with each other and outside users during a narrow time frame for activity. Bill Stevenson, 8895 Jane Road N, appreciated the opportunity to watch wildlife in the mornings and soak in the serene setting. New residents are in favor of lifting the restriction and changing the time to 9 am instead of noon where many long time residents prefer no change. Betsy McDonough, 4711 Birchbark Trail N., watches nesting loons and believes rules are a good compromise, but want to see rules enforced. Marilyn Kennedy, 9051 Jane Road N., likes the rules “as is”. The lake is small and erosion is a concern. Bob Gould, 8802 Lake Jane Trail, Lake Jane is a multiple use lake, at times the water sports conflict. John Hamerly, 9429 Jane Road N., would like the Council to be aware of the majority vote of the landowners on Lake Jane to change this arbitrary rule to better align with reasonable lake and land use. Justin and Dana Bloyer, 8881 Jane Road N., easing the restrictions would make Lake Jane more appealing to young home buyers; growing the City and expanding the tax base. Large portion of the names on the petition to maintain the restrictions came from multiple owners of the common lot. Council Member Emmons suggested a trial period with a check-in point. Mayor Johnston didn’t like excluding people that don’t live on the lake. He liked this rule when he moved in 28 years ago. MOTION: Council Member Park moved to change the regulations from sunset to 9 a.m. on Lake Jane. Council Member Pearson seconded the motion. The motion passed 3-2 (Johnston and Emmons voting against.) LAKE ELMO CITY COUNCIL MINUTES October 18, 2011 4 MOTION: Council Member Emmons moved to amend the motion to change time to 10:30 and send to DNR pending its approval. Mayor Johnston seconded the motion. The motion failed 3-2 (Park, Pearson and Smith voting against) Lakes DeMontreville/Olson Jim and Robby Dillon, 8190 Hill Trail N. supported the current regulations. Michelle Hills, 4455 Olson Lake Trail reported a request was made to survey the residents who own property on Lake DeMontreville and Olson Lake in an effort to determine their preference for time in regards to the current regulations. This survey was distributed to 121 property owners and 100 property owners responded. Landowners survey results were as follows: 31% responded to wanting a change to the current lake rules 21% No-wake speed between sunset and 9 AM the following day 10% Remove all restrictions 3% I don’t care 66% don’t change the restrictions on Lake DeMontreville/Olson William Rowe, 8286 Hidden Bay Ct. N., spoke in favor of leaving the regulations “as-is” Pat Dean, 8028 Hill Trail N. repeated survey results. Dave Carlson, 8554 Hidden Bay Trail suggested compromise. Karen Slakey, 7872 DeMontreville Trail N. concerned on property values. MOTION: Mayor Johnston moved to leave the current slow, no-wake provision in place on Lake Olson/DeMontreville. Council Member Emmons seconded the motion. The motion passed 5-0. Staff will draft an ordinance and bring back to City Council for approval. Library Updates Interim City Administrator Dawson reported the City received a report from Foth Engineering, who did a structural engineering review of the Lake Elmo Arts Center. The swearing-in of the Library Board will be held at City Hall on October 26th, 7 p.m. Attorney Sandstrom explained there is no legal requirement for library doors to be opened January lst, 2012. Washington County has not been willing to affiliate with Lake Elmo; therefore, the City could potentially affiliate with other City libraries. Further discussion followed. The City Attorney will draft a resolution asking Washington County for associate status to Lake Elmo in the Washington County Library System. The Council adjourned the meeting at 9:50 p.m. Respectfully submitted by Sharon Lumby, City Clerk Ordinance No. 08-054 placement of “No Parking” signs on west side from Highway 5 LAKE ELMO CITY COUNCIL MINUTES October 18, 2011 5 LAKE ELMO CITY COUNCIL MINUTES October 18, 2011 6 Appointments to Lake Elmo Library Board The City Council considered appointments to the Lake Elmo Library Board. MOTION: Council Member Emmons moved to appoint: LAKE ELMO CITY COUNCIL MINUTES October 18, 2011 7 Steve DeLapp and Sarah Linder for one-year terms on the Library Board Larry Green and Jenna Weis for two-year terms on the Library Board Judy Gibson for a three year term on the Library Board. Rosemary Meier, Paul Ryberg and Marjorie Williams as Alternates to the Library Board with expectations that the Board has tenure cooperation with Washington County. Council Member Pearson seconded the motion. The motion passed 4-0. Well No. 2 Chlorination System Addition – Reject Quotes and Consider Project with City Staff coordinating the Equipment Purchase and Installation LAKE ELMO CITY COUNCIL MINUTES October 18, 2011 8 Update Re:Library Establishment – Discussion/Action Discussion/Action on Personnel Matters Respectfully submitted by Sharon Lumby, City Clerk The meeting was adjourned at p.m.