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HomeMy WebLinkAbout10-21-2014 CCMLAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2014 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2014 Mayor Pearson called the meeting to order at 7:02 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, Anne Smith, Justin Bloyer, and Mike Reeves. Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Council Member Nelson pulled Item 3 for discussion. Council Member Smith pulled Item 9 for discussion Mayor Pearson added topic of Council Communication to Agenda and announced that it would be discussed on Monday, October 27, 2014 at 3pm. City Attorney Snyder explained that pursuant to Minn. Stat. § 13D.04, subd. 4, meetings can be recessed and then continued without further notice if the time and place is established at the previous meeting. MOTION: Council Member Bloyer moved TO APPROVE THE OCTOBER 21, 2014 CITY COUNCIL AGENDA AS AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES THE AUGUST 5, 2014 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE CITY COUNCIL. THE SEPTEMBER 16, 2014 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE CITY COUNCIL. THE OCTOBER 7, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL CONTINGENT UPON THE ACCEPTANCE OF THE REQUESTED CORRECTIONS. MOTION: Council Member Smith moved TO ENTER THE WRITTEN COMMENTS BY JAY JOHNSON INTO THE RECORD FOR THE 9/16 MEETING. Mayor Pearson seconded the motion. MOTION PASSED 5-0. COUNCIL REPORTS: Mayor Pearson: attended Gateway Corridor meeting; attended Volksmarch. He thanked Rotary, Jaycees, Lions, staff. City raised about $1400 for Family Means; attended EDA meeting; he thought Downtown Summit went very well. He commended staff for coordinating it. Council Member Nelson: attended Volksmarch, finance committee meeting, joint planning commission meeting on growth. Encouraged everyone to view; also attended Downtown Summit and EDA meeting. Mr. Nelson asked Community Development Klatt the expected build out of proposed and approved developments. 5-10 years. Mr. Nelson also asked what the City gained by eliminating the MOU - it eliminates penalty for failing to develop (WIFs) and automatic density increases. City still has plan to reach the targets, but it has much more flexibility in doing that. Council Member Smith: attended finance committee meeting, joint planning commission meeting, Downtown Summit; Ms. Smith noted that City was excused from WIFs due to development turndown. Mr. Klatt acknowledged that the City received a five year reprieve; however, the City still would have been subject to WIFs had development not occurred. Council Member Bloyer: attended Volksmarch, joint planning commission meeting, Downtown Summit; met with residents about sidewalks and old village development; City Administrator Zuleger explained the code enforcement; took issue with accusations of recent Council actions being motivated by politics. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2014 Page 2 of 6 Council Member Reeves: attended Volksmarch, joint planning commission meeting, Downtown Summit and Parks Commission meeting. Sanctuary Park equipment is in as are Pebble Park improvements. Parks 2015 plan of work will be coming to council soon. PUBLIC COMMENTS/INQUIRIES Planning Commission Chair Todd Williams, 3025 Lake Elmo Ave., spoke about a recent assertion that approved homes violate city design standards. There are in actuality only two: Front garage setback and width of garage. He stated the Commission was directed to not propose any additional standards. He asked why there is reluctance to city wide standards when they already exist in several current neighborhoods. The primary focus is on national builders in urban developments- The Planning Commission is not worried about custom home or local builders or in rural areas. The Planning Commission did not attempt to impose any design standards on Hans Hagen, but would support city-wide standards if the Council would entertain the discussion. Susan Dunn, 11018 Upper 33rd St. N., thanked the council and staff for holding the city-wide Downtown Summit meeting. She also attended the joint planning commission and was impressed. Asked for clarification on the recent report to Moody’s regarding density figures. She asked that a discussion be held on density. Mayor Pearson asked Mr. Williams to clarify his statement of supporting city-wide standards and if it was on behalf of the entire commission. Mr. Williams stated that the entire commission voted on the recent garage width. Mayor Pearson asked that the commission propose specific standards that they would like. Council Member Smith stated that there are Village design standards were incorporated in the comp plan. The Council briefly discussed design standards. FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $1,777,936.18 3. Accept Financial Report dated September 30, 2014 4. Accept Building Report dated September 30, 2014 5. Accept City Assessor Report dated September 30, 2014 6. Sunfish Forestry Management Plan 7. 39th Street N: Street & Sanitary Sewer Improvements – Pay Request No. 1 8. 2014 Street Improvements – Pay Request No. 3 9. Lake Elmo Avenue Trunk Watermain Improvements – Change Order No. 1 10. Lake Elmo Avenue Trunk Watermain Improvements – Pay Request No. 3 11. Pumphouse No. 4 Improvements – Pay Request No. 5 MOTION: Council Member Smith moved TO APPROVE THE FINANCE CONSENT AGENDA AS AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 12. Encroachment Agreement – 9986 Tapestry Road Trail 13. Encroachment Agreement – 10902 57th Street N 14. Minnesota Dept. of Natural Resources XC GIA Sponsor Resolution; Resolution No. 2014-84 MOTION: Council Member Reeves moved TO APPROVE THE OTHER CONSENT AGENDA AS PRESENTED. Council Member Nelson seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 3: ACCEPT FINANCIAL REPORT DATED SEPTEMBER 30, 2014 Finance Director Bendel presented the 2014 Q3 Financial Snapshot. This will be a regularly quarterly update. Council Member Reeves thanked staff for putting the report together. MOTION: Council Member Nelson moved TO ACCEPT THE FINANCIAL REPORT DATED SEPTEMBER 30, 2014. Council Member Reeves seconded the motion. MOTION PASSED 5-0. Council Member Bloyer welcomed the 4 high school students in attendance. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2014 Page 3 of 6 ITEM 9: LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS – CHANGE ORDER NO. 1 Council Member Smith explained that because she did not support this project she wanted the item voted on separately. MOTION: Council Member Nelson moved TO APPROVE CHANGE ORDER NO. 1 FOR THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS, THEREBY INCREASING THE CONTRACT AMOUNT BY $12,427.86. Council Member Reeves seconded the motion. MOTION PASSED 4-1 (SMITH – NAY). ITEM 15: PUBLIC HEARING: WELL NO. 4 CONNECTING WATERMAIN IMPROVEMENTS – FINAL ASSESSMENT HEARING; RES. NO. 2014-85 City Engineer Griffin provided brief overview of the project and the final proposed assessments. Mr. Griffin also explained the project costs and funding sources. Council Member Smith left the room at 8:00 pm and returned at 8:00 pm. MOTION: Council Member Smith moved TO OPEN THE PUBLIC HEARING. Council Member Nelson seconded the motion. MOTION PASSED 5-0. PUBLIC HEARING OPEN AT 8:01 pm. A resident asked when payments were due. It was explained that residents have 30 days from the approval to pay with no interest penalty. After that time, residents will be subject to interest penalties. MOTION: Council Member Reeves moved TO CLOSE THE PUBLIC HEARING. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. PUBLIC HEARING CLOSED AT 8:03 pm. MOTION: Council Member Reeves moved TO APPROVE RESOLUTION NO. 2014-85, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE WELL NO. 4 CONNECTING WATERMAIN IMPROVEMENTS. Council Member Nelson seconded the motion. . MOTION PASSED 5-0. ITEM 16: PUBLIC HEARING: LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS – FINAL ASSESSMENT HEARING; RES. NO. 2014-86 City Engineer Griffin provided brief overview of the project and the final proposed assessments. Mr. Griffin also explained the project costs and funding sources. It was also explained that there have been a couple residents who were not part of the initial project or assessment, but have since requested to be added to project. MOTION: Council Member Smith moved TO OPEN THE PUBLIC HEARING. Council Member Nelson seconded the motion. MOTION PASSED 5-0. PUBLIC HEARING OPEN AT 8:06 pm. MOTION: Council Member Reeves moved TO CLOSE THE PUBLIC HEARING. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. PUBLIC HEARING CLOSED AT 8:06 pm. MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2014-86, ADOPTING THE FINAL ASSESSMENT ROLL FOR THE LAKE ELMO AVENUE TRUNK WATERMAIN IMPROVEMENTS. Council Member Reeves seconded the motion. Council Member Reeves asked about the total pre-payment water securities. It was explained to be $1.455 million. MOTION PASSED 4-1 (SMITH – NAY). Council Member Smith stated she was not in support of project from beginning. She asserted that the phasing plan was not followed and the project opened the area to development prematurely. Mayor Pearson responded that part of the reason the Council approved this was to add potential commercial revenue as well as reduce the costs on the Inwood side, thereby saving roughly $400K. This will help pay for entire water system and the risk was minimized by the securities. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2014 Page 4 of 6 ITEM 17: SECTION 34 WATER & SEWER UTILITY EXTENSION IMPROVEMENTS – ACCEPT QUOTES AND APPROVE CONTRACT FOR HUDSON BLVD PRESSURE REDUCTION VALVE; RES. NO. 2014-87 City Engineer Griffin provided brief overview of the proposed improvement. He explained the various pressure zones and impact on the comprehensive water system. Mr. Griffin explained that the Savona developer will need it regardless of who installs it and that is the reason for the alternate bid. Hammes 2nd Addition will also need a reduction valve in the future. Mr. Griffin explained the bid results. Mr. Griffin explained that the water obtained from Oakdale is currently about 100 psi. The target pressure is approximately 55 psi. Council Member Smith asked about impact of $3.5 mil bonding. It was explained that those funds are dedicated to the Inwood project. MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2014-87, ORDERING THE IMPROVEMENTS FOR THE SECTION 34 PRESSURE REDUCTION STATIONS TO BE PAID FOR THROUGH THE SECTION 34 WATER AND SEWER UTILITY IMPROVEMENT PROJECT FUNDS, ACCEPTING BIDS, AND AWARDING A CONTRACT TO GEISLINGER & SONS, INC., IN THE AMOUNT OF $113,853.00 WHICH INCLUDES THE BASE BID AND ADD ALTERNATE NO. 1, CONTINGENT UPON LENNAR REIMBURSING CITY FOR ALT #1 COSTS. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 18: INWOOD BOOSTER STATION IMPROVEMENTS – APPROVE TERMS FOR SITE ACQUISITION City Engineer Griffin provided an overview of the proposed booster station improvement and location. Site consists of 75’x75’ area for purchase price of $22,500. Negotiations also include Washington County purchasing 15 additional feet of ROW from the property owner. City will waive $5,800 Lateral Benefit Assessment to property at 2298 Inwood when Inwood project occurs. It was clarified that the Eberhart Trust was okay working with the county. City Administrator Zuleger recounted the lengthy staff efforts in obtaining the site. It was noted that the negotiations sticking points did not involve money, but current and future access to surrounding land. MOTION: Mayor Pearson moved TO APPROVE THE BOOSTER STATION SITE ACQUISITION TERMS AS OUTLINED IN THE CITY LETTER DATED JULY 10, 2014. Council Member Reeves seconded the motion. MOTION PASSED 5-0 STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: finishing touches on CIP; working on financial snapshot; working on developer agreements, Washington County Transportation meeting; because of ROW and utility signals will not be installed until spring; future workshops will focus individually on Summit issues. Transportation, Sewer, and drainage. City Attorney Snyder: working on routine matters, development agreements, and code enforcement matters. Community Development Director Klatt: next planning commission meeting will be continuing discussion of rural development issues; working on developer securities and agreements. It was noted that the annex will be sold. City Engineer: 39th St. has gravel on portion of it. Lake Elmo Ave is expected to have holes paved next week. Finance Director Bendel: working on collecting assessments, statistical reports, 2015 budget, and cash flow model for sewer. Audit field work is planned for mid-December City Clerk Bell: working on completing phase two of City office moves. Staff has received numerous compliments from public on new space; those who are still interested in serving as an Election Judge should contact the City in the next week. Public Accuracy Test will be held on 10/31 at 11am in the chambers. Absentee voting is now underway. State General Election is Tuesday 11/4/2014. Polls are open from 7am-8pm. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2014 Page 5 of 6 MOTION: Council Member Smith moved TO RECESS THE MEETING. Council Member Nelson seconded the motion. MOTION PASSED 5-0 Mayor Pearson recessed meeting at 8:37 pm until Monday, October 27, 2014 at 3pm. MOTION: Council Member Nelson moved TO RECONVENE THE 10/21 MEETING. Council Member Reeves seconded the motion. MOTION PASSED 5-0 Mayor Pearson called the reconvened meeting to order at 3:00pm on Monday, October 27, 2014. Council present: Pearson, Nelson, Smith, Bloyer, and Reeves. Staff present: City Attorney Snyder and City Clerk Bell. Mayor Pearson provided brief overview of purpose of continuation of meeting. Mayor Pearson read letter from Stillwater Gazette reporter/Complainant. The letter was delivered to the city attorney on 10/21 immediately prior to council meeting. Council Member Reeves noted that he was present when the reporter came back into the building. She was visibly upset. He is not sure what to do. Council Member Smith does not believe the conversation involved anything inappropriate. Council Member Nelson is concerned that the apparent pattern continues. He asserted that the report of naming previous complaining staff person was wrong. Their job is to protect the taxpayers. Ms. Smith denied mentioning anyone’s name to reporter. Council Member Bloyer is disappointed that allegations of this behavior continues. He wants to know how actions will be corrected. Ms. Smith noted her attorney is present. Mayor Pearson alleged that this behavior is not an isolated event. He stated it is incumbent upon Council to provide safe environment for public and staff. Mr. Reeves noted that it is important to consider recipients’ perspective when delivering message. What one person may find harmless, others may take issue with. Mayor Pearson asked if Council Member Smith admitted that the facts stated in the letter are accurate. Ms. Smith disagreed with content of letter. She acknowledged that things could have been done or handled differently, but there was nothing inappropriate in her behavior. She noted that she apologized to paper. Mr. Nelson asked how council moves forward after this type of behavior. He claimed there have been 4 recent incidents. Ms. Smith denied that there have been 4 incidents. MOTION: Mayor Pearson moved TO RENOUNCE THE ACTIONS OF COUNCIL MEMBER SMITH AS DESCRIBED IN THE LETTER. Council Member Bloyer/Nelson (at same time?) seconded the motion. Mayor Pearson stated that the allegations are significant enough that they cannot be ignored. He asked Council Member Smith if she admits to what the reporter alleged. Council Member Smith stated she accepts that the reporter said what she said but she reiterated that she does not accept the totality of the circumstances and disagrees with the opinion that anything inappropriate took place. She again stipulated that things could have been handled differently. Council Member Reeves wants responsibility taken for actions. Mr. Reeves also explained he wanted to amend the motion to state “RENOUNCE AND REPUDIATE THE ACTIONS OF COUNCIL MEMBER SMITH AS DESCRIBED IN THE LETTER AND TO REAFFIRM COMMITMENT TO A SAFE AND HARASSMENT FREE ENVIRONMENT FOR THE PUBLIC AND EMPLOYEES.” Mayor Pearson accepted the addition as a friendly amendment. Council Member Smith asked for opportunity to consult with her attorney. The meeting was recessed 3:23pm. The meeting was reconvened 3:25pm. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2014 Page 6 of 6 Council Member Smith asked that her Attorney be allowed to respond on her behalf. Mayor Pearson asked that comments be limited to the specific motion. City Attorney Snyder explained that there is no formal or informal rules regarding comments but is up to Council. Stuart Williams, attorney for Council Member Smith, asserted that there has been mistaken information. He also asserted that council has violated Ms. Smith’s constitutional rights. He claimed that council did not properly investigate the issue and that it was an isolated event. He urged council to reconsider the motion and recent conduct toward Council Member Smith. He also claimed that there may be political motivation. Mr. Snyder invited Mr. Williams to offer the referred to different set of facts than those included in the letter. Mr. Williams declined. Council Member Reeves took issue with the assertions claiming any of this was related to politics. Ms. Smith objected on Order grounds. Mayor Pearson sustained Ms. Smith’s objection. Mr. Reeves said this is part of a bigger problem including other incidents. Council Member Nelson also took issue with assertion that this was at all due to politics. Ms. Smith asserted no investigation was done. Mayor Pearson recounted the reporter’s reaction the night in question. Ms. Smith asserted that this is a case of “she said/she said.” Mayor Pearson withdrew his motion. He reiterated that the event clearly led the reporter to react the way she did. Mr. Reeves also affirmed the reporter’s reaction and condition following the event. MOTION: Council Member Reeves moved TO ADJOURN THE MEETING. Council Member Smith seconded the motion. MOTION PASSED 5-0 Mayor Pearson Adjourned the meeting at 3:51 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk