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Home My WebLink About#01 - 12-5-17 MinutesCITY OF LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, and City Clerk Johnson. APPROVAL OF AGENDA Item 12, “Accept Planning Director Resignation” was removed from the agenda. Item 8, “Approve Personnel & FMLA Policies” and Item 9, “Approve Compensation Policy” were moved to the Regular Agenda. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the November 21, 2017 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street North, commented on the sound system in the Council chambers and stated that it is difficult to hear what is being said. Susan Saffle, 11180 50th Street North, presented concerns over the proposed cemetery on 50th Street. Jean Mandrinich, 11240 50th Street North, commented on a recent court decision on the cemetery proposal Yvette Oldendorf, 5408 Lake Elmo Avenue North, commented on a recent court decision on the cemetery proposal. PRESENTATIONS None LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 2017 Page 2 of 6 CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Approve Liquor License Renewal – Elmo Liquor 4. Adopt Resolution 2017-132 Declaring Polling Locations for 2018 5. Approve Holding Local Board of Appeals - Resolution 2017-133 6. Approve 2018 Contract with Animal Humane Society 7. Wildflower 1st Addition – Accept Improvements and Approve Reduction of Security #5 and Wildflower 2nd Addition Approve Reduction of Security #1 8. Approve Personnel & FMLA Policies 9. Approve Compensation Policy 10. Approve Environmental Awards Program 11. Accept Paid on Call Firefighter Resignation 12. Accept Planning Director Resignation Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS PRESENTED. Motion passed 5 - 0. ITEM 8: Approve Personnel & FMLA Policies City Administrator Handt provided a brief update on the proposed policies, noting updates made since the Council reviewed the document at the November 14, 2017 Council Workshop. Mayor Pearson, seconded by Councilmember Bloyer, moved TO APPROVE THE ATTACHED PERSONNEL POLICTY AND FMLA POLICY EFFECTIVE 1/1/18. Motion passed 4 – 0 - 1. (Fliflet – abstain) ITEM 9: Approve Compensation Policy Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE COMPENSATION POLICY, POSITION GRADES AND 2018 NON-REPRESENTED PAY RANGES. Motion passed 4 – 1. (Fliflet – nay) Councilmember Fliflet stated that she supports a policy that is commensurate with experience and abilities. ITEM 13: 2018 Street and Drainage Improvements – Public Hearing, Order Plans and Specifications City Engineer Griffin presented the proposed scope of improvements, estimated cost and number of assessable properties, findings and recommendations for 2018 street and drainage improvements. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO OPEN THE PUBLIC HEARING. Motion passed 5 – 0. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 2017 Page 3 of 6 No comments were received during the public hearing. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO CLOSE THE PUBLIC HEARING. Motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-134 ORDERING THE 2018 STREET IMPROVEMENTS AND THE PREPARATION OF PLANS AND SPECIFICATIONS. Motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE A PROFESSIONAL ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES CONTRACT TO BOLTON AND MENK IN THE NOT TO EXCEED AMOUNT OF $59,961. Motion passed 5 – 0. ITEM 14: Continental Properties Comprehensive Plan Amendment and Concept Plan Planning Director Becker presented updates to the original staff presentation and presented findings of fact from the Planning Commission. Erik Hahn, Continental Properties, reported on supply and demand for rental properties and the benefits of the proposed site for potential tenants. Gwen Wheeler, Continental Properties, reviewed planned contributions to City infrastructure and parkland contribution and reported on neighborhood meetings held. Robert Tufty, 6365 Jasmine Avenue North, Grant, spoke in support of the development. Jacob Hafdahl, 9562 Junco Road North, presented a video he prepared opposing the proposal. Stuart Johnson, 3603 Lake Elmo Avenue, spoke about positive aspects of the proposal. Stephany Laramy, 9918 7th Street North, spoke in opposition of the plan. Mike Kobe, 9616 Junco Road North, spoke in opposition of the proposed comp plan amendments. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2017-112 APPROVING A COMPRESENTIVE PLAN AMENDMENT RE-GUIDING A PORTION OF PID 34.029.21.43.0003 FROM URBAN MEDIUM DENSITY RESIDENTIAL TO URBAN HIGH DENSITY RESIDENTIAL AS REQUESTED BY CONTINENTAL 419 FUND LLC. Motion failed 3 – 2. (Fliflet, Lundgren – nay) Councilmember Lundgren stated she doesn’t feel the proposed development is a good fit for Lake Elmo and added that the neighboring property owners oppose the proposal and single family residential provides a greater tax benefit. Councilmember Fliflet stated that urban medium density is the correct zoning for the area. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 2017 Page 4 of 6 Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-112 DENYING A COMPRESENTIVE PLAN AMENDMENT RE-GUIDING A PORTION OF PID 34.029.21.43.0003 FROM URBAN MEDIUM DENSITY RESIDENTIAL TO URBAN HIGH DENSITY RESIDENTIAL AS REQUESTED BY CONTINENTAL 419 FUND LLC. Motion passed 5 – 0. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-113 DENYING THE PUD CONCEPT PLAN AS REQUESTED BY CONTINENTAL 419 FUND LLC FOR PID# 34.029.21.43.0003. Motion passed 5 – 0. ITEM 15: Public Hearing for 2018 General Fund Budget and 2018 Final Property Levy Certification Finance Director Swanson presented an overview of the proposed 2018 general fund budget and property tax levy. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO OPEN THE PUBLIC HEARING. Motion passed 5 – 0. Stuart Johnson, 3603 Lake Elmo Avenue North, noted that earlier in the meeting the Council denied a proposed development that would have brought a lot of tax revenue to the City. Janice Green, 9434 Stillwater Boulevard North, commented on high taxes on her property and minimum lot requirements and limit her ability to subdivide it. Barry Weeks, 3647 Lake Elmo Avenue North, commented on the denial of the Continental Properties proposal that would have contributed property taxes and asked about the City’s current cost for legal fees. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO CLOSE THE PUBLIC HEARING. Motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-133 ADOPTING THE 2018 GENERAL FUND BUDGET AND AUTHORIZING THE 2018 FINAL PROPERTY TAX LEVY. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO AMEND THE PRIMARY MOTION TO “ADOPT THE 2018 FINAL PROPERTY TAX LEVY WITH A 0% INCREASE OVER 2017.” Motion failed 2 – 3. (Pearson, Bloyer, Lundgren – nay) Primary motion passed 3 – 2. (Fliflet, Lundgren – nay) ITEM 16: 2018 Utility Budgets Finance Director Swanson presented the proposed 2018 Utility Budgets. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 2017 Page 5 of 6 Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2017-136 ADOPTING THE 2018 WATER, SEWER AND STORM WATER FUND BUDGETS. Motion passed 4 – 1. (Fliflet – nay) Councilmember Fliflet stated that she did not support the motion, as the increased rates are premature. ITEM 17: 2018 Fee Schedule Finance Director Swanson presented fee schedule updates proposed for 2018. Councilmember Lundgren, seconded by Mayor Pearson, moved TO APPROVE ORDINANCE 08-191 ADOPTING THE 2018 FEE SCHEDULE. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION TO REMOVE THE SOD CREDIT FROM THE FEE SCHEDULE. Motion passed 3 – 2. (Fliflet, Lundgren – nay) Primary motion passed 4 – 1. (Fliflet – nay) Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-137 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-191 BY TITLE AND SUMMARY. Motion passed 5 – 0. ITEM 18: Comprehensive Plan Amendment and Zoning Text Amendment to Amend Language Regarding Allowable Density for Open Space Preservation Developments Planning Director Becker reviewed the request from Landucci Homes to amend the language regarding allowable density for open space preservation developments within the City. Nathan Landucci, Landucci Homes, discussed the site and the challenges presented due to the terrain and wetlands. Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO DIRECT STAFF TO PREPARE A RESOLUTION APPROVING THE PROPOSED COMPREHENSIVE PLAN AMENDMENT DENSITY FOR OPEN SPACE PRESERVATION DEVELOPMENTS. Motion failed 3 – 2. (Pearson, Nelson – nay) Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-123 DENYING THE PROPOSED COMPREHENSIVE PLAN AMENDMENT REGARDING DENSITY FOR OPEN SPACE PRESERVATION DEVELOPMENTS. Motion passed 3 – 2. (Fliflet, Lundgren – nay) Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-124 DENYING THE PROPOSED ZONING TEXT AMENDMENT REGARDING DENSITY FOR OPEN SPACE PRESERVATION DEVELOPMENTS. Motion passed 3 – 2. (Fliflet, Lundgren – nay) LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 2017 Page 6 of 6 ITEM 19: Hidden Meadows 2nd Addition Development Agreement Planning Director Becker provided an update on the process, noting that the developer has met all conditions of the final plat approval with the exception of executing a development agreement. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO ADOPT RESOLUTION 2017-138 APPROVING THE DEVELOPMENT AGREEMENT FOR HIDDEN MEADOWS AT LAKE ELMO 2ND ADDITION FINAL PLAT. Motion passed 4 – 1. (Lundgren – nay) COUNCIL REPORTS Mayor Pearson: No report Councilmember Nelson: No report Councilmember Lundgren: Fielded calls from residents. Councilmember Bloyer: No report Councilmember Fliflet: Requested a future workshop agenda item for discussion of calculation of density on development applications. Meeting adjourned at 11:14 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk