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HomeMy WebLinkAbout08-02-16 City Council Meeting Packet NOTICE OF MEETING City Council Meeting Tuesday, August 2, 2016 7:00 P.M. City of Lake Elmo | 3800 Laverne Avenue North Agenda A. Call to Order/Pledge of Allegiance B. Approval of Agenda C. Approval of Minutes 1. July 19, 2016 D. Public Comments/Inquiries E. Presentations F. Consent Agenda 2. Approve Payment of Disbursements 3. Approve Hunting Ordinance-Ordinance #08-142 4. Approve Service Contract with Youth Services Bureau for 2017 5. CSAH 15 & 10th Street Intersection – Approve Cooperative Agreement Payment No. 2 6. Boulder Ponds 1st Addition – Approve Reduction of Security #2 7. Village Preserve 1st Addition – Approve Reduction of Security #2 8. Easton Village 1st Addition - Approve Reduction of Security #1 9. Downtown Phase 2 Street, Drainage and Utility Improvements – Approve Change Order No. 2 – Replacement of the 57” Storm Sewer Arch Pipe 10. Approve Purchase and Installation of 1 New Warning Siren and Monitoring Upgrades to Original 6 Sirens 11. Approve Temporary On-Sale Liquor License for MN Glamourama-Red Hat Club G. Regular Agenda 12. Censure of Council Member Bloyer 13. Special Event Permit, Lake Elmo Jaycees, Huff N Puff Days, August 11-14, 2016 H. Council Reports I. Staff Reports and Announcements J. Adjourn Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City’s Open Space Character CITY OF LAKE ELMO CITY COUNCIL MINUTES JULY 19, 2016 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. APPROVAL OF AGENDA Councilmember Fliflet, seconded by Councilmember Smith, moved TO REMOVE ITEM 18: “NORTHLAND PROFORMA” FROM THE AGENDA. Mayor Pearson ruled the motion out of order, stating the item needs to be sent to a committee or placed on a future agenda. Appeal on the ruling failed 2 – 2 – 0 (Pearson, Bloyer – nay; Lundgren – abstain). Councilmember Smith, seconded by Councilmember Fliflet, moved TO FOLLOW THE PROCESS SET OUT AND VOTED ON IN JANUARY 2016 AND SEND THE PROFORMA TO THE FINANCE COMMITTEE IN SEPTEMBER AND TO THE CITY COUNCIL AFTER THAT. Motion passed 3 – 2. (Pearson, Bloyer – nay) Councilmember Smith, seconded by Councilmember Fliflet, moved TO POSTPONE ITEM 19, STREET NAMING POLICY, TO A WORKSESSION. Motion passes 3 – 2. (Pearson, Bloyer – nay) Agenda approved as amended 4 – 1. (Bloyer – nay) ACCEPT MINUTES Mayor Pearson added a description to the minutes to add the title of items removed from the Agenda. Councilmember Bloyer requested the addition of a Minority Report to the July 5 th City Council Meeting related to the Resolution Censuring Councilmember Bloyer. Councilmembers Fliflet, Lundgren and Smith opposed the addition and reading of the report. Mayor Pearson added the full text of the Resolution Censuring Councilmember Bloyer be added to the minutes. Minutes of the June 21, 2016 and July 5, 2016 Regular Meetings were accepted as amended. Minutes of the July 5, 2016 Special Meeting were accepted as presented. 4 – 1 (Bloyer – nay) PUBLIC COMMENTS/INQUIRIES Mayor Pearson provided a summary of written public comments from Daryl Vosberg, 9436 Jane Rd. N., regarding City finances. Finance Director Cathy Bendel read a statement regarding her professional background and the proforma. Brian Butler, 3631 Laverne Avenue North, commented on City’s Finance Department. Dana Bloyer, 8881 Jane Trail North, spoke about staff turnover at the City and City Council decorum. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2016 Page 2 of 4 Dale Dorschner, 3150 Lake Elmo Avenue North, discussed the City’s formal complaint process, the library and the wastewater incentive program. PRESENTATIONS Mayor Pearson read a Proclamation recognizing retiring Public Works Superintendent Mike Bouthilet’s years of service to the City of Lake Elmo. CONSENT AGENDA 3. Approve Payment of Disbursements 4. Accept June 2016 Financial Statements 5. Accept June 2016 Assessor’s Report 6. Accept June 2016 Building Department Report 7. Approval for Tax Abatement Payment for Valley Cartage 8. Approve Ordinance to Amend Building Regulations 9. Approve Paid on Call Firefighter Pay Raises 10. Approve Resolution Authorizing Condemnation Proceedings 11. 2016 Street, Drainage, and Utility Improvements – Pay Request No. 2 12. Inwood Trunk Watermain Improvements – Approve Pay Request No. 3 13. Inwood Booster Station – Approve Pay Request No. 2 14. Inwood Water Tower – Approve Pay Request No. 2 15. Approve Agreement with Property Owner of 8004 50th Street for Repairs Related to Hazardous Building Abatement Orders 16. Approve Resolution Authorizing 3M Litigation Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE ITEMS 3 – 16 ON THE CONSENT AGENDA. MOTION PASSED 5-0. ITEM 17: CSAH 13 (Ideal Avenue/Olson Lake Trail) Phase 1 Improvements – Resolution for Municipal Supportu Frank Ticknor, Washington County Public Works, provided a project review, noting public involvement and public input on the project design, particularly the trails. The project phasing plan was also reviewed. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO APPROVE RESOLUTION 2016-63 PROVIDING MUNICIPAL SUPPORT FOR THE COUNTY STATE AID HIGHWAY 13 (IDEAL AVENUE/OLSON LAKE TRAIL) PHASE 1 IMPROVEMENTS. Motion passed 5 – 0. ITEM 20: Hunting Ordinance Planning Director Wensman reported that the Planning Commission held a public hearing to consider updates to the City’s ordinance relating to hunting. Wensman reviewed the current ordinance with maps to clarify where hunting is currently allowed and requested Council input on possible updates to the ordinance. City Attorney Sonsalla explained the differences between the state statute and current city ordinance regarding hunting. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2016 Page 3 of 4 Adam Johnson, 10550 Stillwater Blvd., stated support for hunting in the City per state statute to allow residents to hunt on their own land. Mike Tracy, 2939 Jonquil Trail, stated that the City should follow state and DNR rules and educate people making complaints. Rich Springborn, 8970 55th Street N., agreed that the City should follow the state and DNR rules. Dave Sovereign, 4415 Olson Lake Tr. N., stated that the ordinance needs to differentiate between different types of firearms. Councilmembers directed staff to redraft the ordinance to follow the state statute and place the item on the next meeting agenda under the Consent Agenda. ITEM 21: Rain Garden Maintenance Administrator Handt reported that the water work group of the City’s Environmental Committee has recommended that the City assign seasonal public works employees to maintain the rain gardens. Virginia Pleban, 8245 59th Street N., stated that a lot of rain gardens are not being maintained and described the challenges in restoring them. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE PUBLIC WORKS STAFF TO COMPLETE RAIN GARDEN MAINTENANCE THIS SUMMER AND ON AN ONGOING BASIS IN THE FUTURE. Motion passed 4 – 0 – 1. (Bloyer – abstain) ITEM 22: Censure of Council Member Bloyer City Attorney Sonsalla reviewed her memo addressing a question from Councilmember Bloyer concerning whether the Council can legally impose restrictions on him. Jean Olinger, 9057 Lake Jane Tr. N., stated that she respectfully demands the lifting of the censure of Councilmember Bloyer. Barry Weeks, 3647 Lake Elmo Ave. N., commented on information in recent newspaper articles, the City organizational chart and employee raises. Craig Knoll, 3127 Laverne Ct. N., expressed frustration over Council conduct. Larry Weiss, 9302 Stillwater Blvd. N, expressed anger over the censure of Councilmember Bloyer. Dale Dorschner, 3150 Lake Elmo Ave. N. stated that he feels there is a double standard in the Council’s treatment of Councilmember Bloyer. LAKE ELMO CITY COUNCIL MINUTES JULY 5, 2016 Page 4 of 4 Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO RECESS THE MEETING. Motion passed 3 – 2. (Pearson, Bloyer – nay) Meeting recessed at 10:20 p.m. Meeting reconvened at 10:30 p.m. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADJOURN THE MEETING. Mayor Pearson ruled the motion out of order, as Mr. Dorshner had the floor prior to the recess. Appeal failed 3 – 1 – 1. (Pearson - nay; Bloyer – present/not voting) Primary motion passed 5 – 0. Meeting adjourned at 10:36 p.m. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk MAYOR AND COUNCIL COMMUNICATION DATE: 8/2/2016 CONSENT ITEM #: 3 AGENDA ITEM: Hunting Ordinance SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Kristina Handt, City Administrator REVIEWED BY: Sarah Sonsalla, City Attorney Washington County Sheriff’s Department BACKGROUND: In fall of 2015, City staff received numerous complaint calls about illegal or perceived illegal hunting. In response, Planning Staff drafted an amendment to the Weapons Ordinance, Section 130.15 and held a public hearing at the January 11, 2016 Planning Commission meeting. No member of the public spoke at that public hearing, but the Planning Commission raised a number of issues including wanting to know how the changes related to the MN conceal and carry legislation. Because of the complexities of this Statute, Planning Staff had the City Attorney draft the Ordinance Amendment attached to this report. The City Attorney has informed Planning Staff that the public hearing was not necessary because the Ordinance is not part of the City’s zoning code. On 7/16/16, the City Council directed staff to amend the Hunting Ordinance to reference Minnesota Statutes as they are amended from time to time. Staff has updated the amendment accordingly for the Council’s approval ISSUE BEFORE COUNCIL: The Council should consider approval of the new hunting ordinance. PROPOSAL DETAILS/ANALYSIS: Ordinance Hunting is presently addressed by the Weapons Ordinance, Section 130.15. Section 130.15 prohibits hunting as follows: (B) Unlawful acts. Except as otherwise provided in this section, it shall be unlawful for any person: City Council Meeting August 2, 2016 Consent Agenda Item #____ Page 2 (1) To fire, discharge, release, throw, or in any other manner propel a weapon within 500 feet of a residence, whether or not inhabited, or any other structure or building or within 500 feet of any platted area in the city and , except on an approved target range; Residents do not necessarily understand what land is platted, so the new language referencing Minnesota Statutes will eliminate the 500 feet of any platted area restriction. The Washington County Sheriff is in favor of the changes and believes it will make enforcement easier. FISCAL IMPACT: The proposed hunting ordinance will make enforcement easier OPTIONS: The City Council may approve or deny approval to the hunting ordinance. RECOMMENDATION: Staff respectfully requests, as part of tonight’s consent agenda, that the Council approve Ordinance 08- 142 as it pertains to hunting in the City of Lake Elmo, Section 300.15; Resolution 2016-55, approving summary publishing of the ordinance. If removed from the Consent Agenda, the recommended action can be completed through the following motions: 1. “Move to approve Ordinance 08-142 as it pertains to hunting in the City of Lake Elmo, Section 300.15.” ATTACHMENTS: 1) Ordinance 08-142. 479514v3 AMB LA515-1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-142 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING SECTION 130.15 REGARDING THE USE OF FIREARMS AND HUNTING SECTION 1. The City Council of the City of Lake Elmo hereby repeals Section 130.15 of the City Code and replaces it with the following: § 130.15 USE OF FIREARMS AND HUNTING. The use of firearms and hunting in the City shall be in accordance with Minnesota Statutes Section 97B.001. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 5. Adoption Date. This Ordinance No. 08-142 was adopted on this 2nd day of August, 2016, by a vote of __ Ayes and __ Nays. LAKE ELMO CITY COUNCIL ___________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance ________ was published on the _____ day of _________________, 2016. MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: August 2, 2016 CONSENT ITEM # 11 AGENDA ITEM: Temporary Liquor License for MN Glamourama-Red Hat Club SUBMITTED BY: Julie Johnson, City Clerk BACKGROUND: Jana Williams, co-chair of the annual Minnesota Glamourama – Red Hat Club convention, has submitted an application on behalf of the organization for a temporary liquor license for a wine tasting event to be held as part of the convention on Saturday, October 8th at the Holiday Inn and Suites. The Holiday Inn does not have a liquor license, so the Red Hat Club is requesting the license to allow Northern Vineyards from Stillwater to conduct a wine tasting from 1:00 – 4:00 p.m. for approximately 100 – 120 senior “Red Hatters”. Per state law, no sales will occur during the event. The annual Minnesota Red Hat convention has previously been held in Bloomington, Minnesota for the past several years and has been moved to Lake Elmo. They are expecting a few hundred attendees for the event that starts runs Friday, October 7th to Sunday, October 9th. ISSUE BEFORE COUNCIL: Pursuant to Lake Elmo City Code Chapter 111.17 Section (B)(3), temporary on-sale licenses shall be issued only to clubs, charitable, religious, or other non-profit organizations in existence for at least three years and shall authorize the on -sale of intoxicating liquor in connection with a social event sponsored by the licensee and sub ject to the restrictions imposed by MN Statute 340A. The Minnesota Red Hat Club is contracting with a state licensed vendor, Northern Vineyards of Stillwater, Minnesota to conduct the event. The City Clerk has spoken with the state Alcohol and Gambling Enforcement Division to ensure the City and the applicant are compliant with state law for issuing this permit and as a result staff has no concerns with the issuance of this permit. RECOMMENDATION: If removed from the Consent Agenda, Staff recommends the following motion: “Move to approve a temporary on-sale liquor license issued to the Minnesota Glamourama – Red Hat Club for a wine tasting event on October 8, 2016 at the Holiday Inn located at 8511 Hudson Blvd. N., Lake Elmo.” 483044v1 SJS LA515-1 Kennedy Sarah J. Sonsalla 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9284 telephone (612) 337-9310 fax ssonsalla@kennedy-graven.com http://www.kennedy-graven.com C H A R T E R E D MEMORANDUM TO: Kristina Handt, City Administrator FROM: Sarah J. Sonsalla, City Attorney DATE: July 15, 2016 RE: Censure of Council Member Bloyer At the meeting on July 5, 2016, the City Council adopted Resolution No. 2016-60, which censured Council Member Bloyer. The Resolution imposed restrictions on Council Member Bloyer, including that he may not interact with any member of City staff without another council member present, he must direct all questions during City Council meetings to the chair and that he be required to participate in training on handling of confidential information. I was unaware of and therefore did not have the opportunity to review the resolution prior to it being adopted by the Council. Council Member Bloyer has asked whether the City can legally impose these restrictions on him. I have consulted with the League of Minnesota Cities and independently researched the issue and the answer to this question is that the City should not impose these restrictions on Council Member Bloyer because they go beyond the scope of a censure and cannot be enforced. The dictionary definition of a censure is “limited to expressing severe disapproval of (someone or something), typically in a formal statement, but not to discipline or punish.” In this case, the resolution censuring Council Member Bloyer not only expresses the Council’s disapproval of his behavior but also imposes restrictions that are in the form of a penalty or deprivation for his behavior. That goes further than the Council expressing its disapproval of Council Member Bloyer’s behavior. The restrictions that are being imposed on Council Member Bloyer limit his rights to hold and enjoy his office as a city council member. The rule is well established that an elected official is entitled to hold that office without any restrictions. State v. Magie, 183 Minn. 60, 63- 64 (Minn. 1931). Furthermore, under the First Amendment, a council member’s speech (which is considered highly protected political speech) also may not be restricted. Goward v. City of Minneapolis, 456 N.W.2d 460, 464 (Minn. Ct. App. 1990). 483044v1 SJS LA515-1 2 Based on the above, if Council Member Bloyer violates the restrictions that have been imposed on him, the City will not have a legal basis to be able to enforce them. Because there is no legal basis for the City to be able to enforce the restrictions against Council Member Bloyer, it is my recommendation that they be removed. Please contact me if you have any questions regarding this information.