Loading...
HomeMy WebLinkAbout01-20-2015 CCMLAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2015 CITY OF LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2015 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Fliflet, Smith, Bloyer and Lundgren Staff present: Finance Director Bendel, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, City Administrator Zuleger, and Deputy Clerk Gumatz. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Mayor Pearson pulled Item 9 for discussion. City Attorney Snyder postponed the Executive Session to the next meeting. Council Member Bloyer pulled Item 12 for discussion. Council Member Fliflet pulled Item 6 for discussion. MOTION: Council Member Smith moved TO APPROVE THE JANUARY 20, 2015 CITY COUNCIL AGENDA AS AMENDED. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. COUNCIL REPORTS Mayor Pearson: presented Council with 4 E’s of Great Governance piece, had a reply from County on library issues, hopefully will have something for next Council meeting. Council Member Smith: been fielding phone calls from residents on various topics. Spoke about MAGI/Monday Meetings – a program that Mahtomedi does where residents get together. Council Member Fliflet: attended community meeting on Old Village. Attended Library Board meeting. Planning on meeting with Commissioner Kriesel this week to discuss library issues. Council Member Lundgren: would like to request a council driven workshop. Would like to bring notion of a Farmer’s Market to downtown. Council Member Bloyer: no report. PUBLIC COMMENTS/INQUIRIES Jim Blackford, 9765 45th St N, provided Council with a report which will be entered into the record. Mr. Blackford spoke about what he perceived the citizens of Lake Elmo want and what he believes are failures of the last 2 years. Mr. Blackford stated he was embarrassed by the Mayor and never felt so distressed as he had two years ago. He requested the Mayor apologize for his actions. Council Member Lundgren responded that she and Council Member Bloyer are working together to make the situation with lakes work. Council Member Bloyer spoke about the election and the lakes issue. Council Member Smith spoke about not using absolutes or accusatory language. Attorney Snyder clarified some things about the “3 minute rule” and what was discussed at the previous meeting. He also spoke about conflicts of interests regarding the Council. Anne Engdahl, 3296 Lake Elmo Avenue N, spoke about Washington County’s plans of changing of Lake Elmo Avenue. She also spoke about the cost impacts of city sewer on the residents. Yvette Oldendorf, 5418 Lake Elmo Avenue N, asked that Council get involved in support to the County about the issue of safety between 50th St. and Hwy 36 as it has become very dangerous. She also spoke about the lack of enforcement to the speed limit on Lake Elmo Avenue. City Administrator Zuleger replied that the City will do some red zone traffic enforcement in the area. He also spoke about talking with the County this week on working out final details to get a stop light on the corner of Hwy 5 and Lake Elmo Avenue. Page 1 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2015 Kristine Carr, Director of Administrative Services for Northeast Metro Intermediate School District 916, spoke about street improvements for Eagle Point Boulevard. They are in full support of the street improvements but have concerns about the assessment methodology. She thinks the unit method would be more reasonable. John Schiltz, 3442 Lake Elmo Avenue N, thanked Council for being open to working with one another. He offered comments regarding the last meeting. Mr. Schiltz also spoke about sewer on Lake Elmo Avenue and remaking the downtown. He also spoke about growth and getting rid of the MOU. He spoke about vacant buildings downtown and how through the years he has very much desired sewer. He also stated that from what he’s seen, the City is getting quality development. Mr. Schiltz also mentioned Section 32 and how he didn’t want any more detachments. Tammy Malmquist, 8549 Ironwood Trail, thanked Council for serving. She spoke about residents speaking for others and asked that people only speak for themselves. FINANCE CONSENT AGENDA 1. Approve Payment of Disbursements and Payroll 2. Accept 2014 Year-End Building Report dated December 31, 2014 3. Accept City Assessor Report dated December 31, 2014 4. 2014 Street Improvements – Compensating Change Order No. 2 5. 2014 Street Improvements – Pay Request No. 5 (FINAL) 6. 2015 Compensation Adjustments MOTION: Council Member Bloyer moved TO APPROVE THE FINANCE CONSENT AGENDA AS AMENDED. Council Member Smith seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 7. Approve 2015 Waste Hauler Licenses 8. Designation of 2015 Data Practice Officials and Approving City’s Data Practice Policy; Resolution No. 2015-02 9. Lifting of Restriction Imposed on Council Member Smith Regarding Staff Communication 10. Appoint City Engineer 11. Appoint City Attorney 12. Council Meeting Date Change MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. ITEM 6: 2015 COMPENSATION ADJUSTMENTS Council Member Fliflet asked about the process of how this came about. City Administrator Zuleger responded that the HR Committee met and set a dollar figure and left it up to staff to make recommendations. Staff used personnel review process and reclassification of the Public Works Department to recommend dollar amounts. There has been some room left for possible personnel adjustments to help support the Public Works Department administratively. Council Member Fliflet asked if the proposed numbers included FICA and pension. City Administrator Zuleger responded that it did not. Council Member Fliflet stated that a comprehensive calculation should be done to include FICA and pension because including those could put the City over the $35,000 agreed upon amount. MOTION: Council Member Bloyer moved TO TABLE ITEM 6 TO A LATER MEETING. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2015 ITEM 9: LIFTING OF RESTRICTION IMPOSED ON COUNCIL MEMBER SMITH REGARDING STAFF COMMUNICATION Council Member Fliflet spoke about now having the opportunity to thoroughly review the situation. Based on discussions had and assurances given by Council Member Smith she believes the restrictions on Council Member Smith should be removed. Council Member Lundgren also spoke with the City Attorney and feels comfortable removing the restrictions on Council Member Smith. MOTION: Council Member Fliflet moved TO RESCIND THE PREVIOUS RESTRICTION IMPOSED ON COUNCIL MEMBER SMITH REGARDING COMMUNICATIONS WITH STAFF. Council Member Lundgren seconded the motion. Mayor Pearson stated that he felt the restriction was put in place to offer a less troublesome environment. He believes Council acted appropriately at the time and in the City’s best interest. He stated that he supports the motion in the spirit of moving forward and that it is the right thing to do at this time. Council Member Bloyer stated that he is glad Council Members Fliflet and Lundgren have now been brought up to speed on the full situation and if they are comfortable lifting the restriction he will support allowing the restriction to be lifted. Deputy Clerk Gumatz read a letter from former Council Member Mike Reeves, 11075 14th St N. A copy of the letter is included in the record. MOTION PASSED 4-0 (SMITH – ABSTAIN). ITEM 12: COUNCIL MEETING DATE CHANGE Council Member Bloyer stated that he will be out of town on February 24th and would not be able to make that date. Council Member Fliflet stated that she hoped Council could find a date that works for everyone. There was discussion about moving the second February meeting to a different day of the week. It was the consensus of Council to figure out another date to hold the meeting, but there was no decision made. Meeting recessed at 8:14pm. Meeting reconvened at 8:18pm. REGULAR AGENDA ITEM 13: DISCUSS PURCHASE OF CITY AUTOMATED EXTERNAL DEFIBRILLATOR Council Member Lundgren spoke about her desire to purchase an AED for City Hall. She gave an overview of her discussions with the Fire Chief and what brand was recommended. Council Member Bloyer asked about which buildings the City would be purchasing AEDs for. Council Member Lundgren stated that it would be City Hall and possibly the Library. Council Member Smith spoke about the Mdewakanton Sioux tribe that donates AEDs. Steve DeLapp, 8468 Lake Jane Trail, spoke about the Library getting an AED. He also spoke about the Mdewakanton Sioux donating defibrillators to organizations. Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2015 Council Member Fliflet spoke about the City checking to see if there are other grants out there for AED funding. NO FORMAL ACTION REQUESTED. ITEM 14: EAGLE POINT BOULEVARD STREET IMPROVEMENTS – AUTHORIZE FEASIBILITY REPORT; RESOLUTION NO. 2015-04 City Engineer Jack Griffin presented on the Eagle Point Boulevard Street Improvements. This item is in the 2015 CIP. Staff reached out to affected properties following passage of the 2015 CIP to determine interest in the improvement. Staff wanted this project to be property owner initiated. In order to do that, City needed a petition of 35% of stakeholders. Staff has received petitions from about 49% of the stakeholders. The City’s assessment policy says 100% of a commercial street improvement will be done on a front footage basis. This was how the cost was presented to the affected property owners. This is one method that will be looked at in the Feasibility Report. City Engineer Griffin explained the scope of improvements that will be done. It is approximately 3,500 lineal feet of commercial street, 40 feet wide from back of curb to back of curb. A drainage layer would be placed below the existing base and build the road back up. The Feasibility Report cost includes reviewing existing sanitary sewer and includes coordination of future sanitary sewer connecting to the Inwood PUD subdivision which would be just north of Eagle Point Boulevard. City Engineer Griffin also discussed the project schedule. It is fairly time sensitive if Council wishes to build the road in 2015. City Engineer Griffin also explained the public improvement process. The estimated cost of the Feasibility Report is $11,000. If the project goes forward, that amount gets rolled into the total project costs and will be assessed. Council Member Fliflet asked if there were other costs associated with the project that could be the responsibility of the City. City Engineer Griffin responded that if the City were to get to the design stage and didn’t go forward, that cost would be the responsibility of the City as well. The 100% assessment is the City’s policy, but the project does not need to be assessed that way. Council will have the opportunity to weigh in on the assessment policy. MOTION: Mayor Pearson moved TO APPROVE RESOLUTION NO. 2015-04, ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE EAGLE POINT BOULEVARD STREET IMPROVEMENTS IN A NOT TO EXCEED AMOUNT OF $11,000. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 15: COUNCIL PROTOCOL: CLARIFICATION OF ITEMS DISCUSSED ON 1-13-2015 A. Time Limitation (3 Minute Rule) on Public Comment (Pearson Request) Mayor Pearson spoke about his concerns of having no time limit. He felt there should be some time limit and it should be the same for everyone. Council Member Fliflet stated that she feels three minutes is not enough. Council Member Bloyer agreed that three minutes may be too short. He thought maybe five minutes would be a good number. Not deciding on a number would give Council no discretion at all. Council Member Lundgren suggested doubling the allowed time to six minutes. Council Member Smith spoke about the difficulty of people repeating themselves. She would like to have some discretion if people are saying the same things. Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2015 Council Member Fliflet would like to at least double the time. City Adminisrator Zuleger spoke with the League of MN Cities and found that a common practice was to use a volume amount to determine the time limit allowed. City Attorney Snyder stated that Council could adopt a rule tonight, and always change or extend it at a later date. Council Member Fliflet agreed with City Administrator Zuleger’s statement and that reminding people of a full house and asking people to keep it to a certain time limit will result in people doing so. Jim Blackford, 9765 45th St N, stated that most people just want to be heard. MOTION: Council Member Fliflet moved TO CHANGE THE THREE MINUTE RULE TO THE SIX MINUTE RULE. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. B. Adding Agenda Items (inc. Pre-Meeting Background/Communication) (Fliflet Request) Mayor Pearson clarified that this was changing to allow one council member to add an agenda item to the council agenda. MOTION: Council Member Fliflet moved ANY SINGLE COUNCIL MEMBER CAN ADD AN ITEM TO THE AGENDA. Council Member Lundgren seconded the motion. MOTION PASSED 4-1. (BLOYER - NAY). C. Speak Your Peace Status (Pearson Request) Mayor Pearson voiced his concerns with getting rid of the Speak Your Peace pledge. He is in favor of the project. Mayor Pearson also reminded the Council that 40-50 residents, as well as the Planning Commission and Park Commission came in and supported this project by signing the pledge. He felt that out of respect for those events, the City should continue the project. Council Member Bloyer stated that he is in favor of keeping the project. Council Member Lundgren explained that she does not believe the city needs the project. She is in favor of getting rid of it. Council Member Smith believes the city needs something but that Speak Your Peace has failed. She stated that Council needs to show the leadership. Council Member Fliflet doesn’t feel the city needs a formal project and that Speak Your Peace has failed and that there are already ground rules in the city code. MOTION: Council Member Fliflet moved TO DISCONTINUE THE FORMAL SPEAK YOUR PEACE PROJECT WORK AND WORK TOWARDS OTHER WAYS OF ENSURING CIVILITY WITHIN OUR CITY COUNCIL AND OUR CITY AS A WHOLE AND RELY ON THE CODE THAT IS ALREADY IN PLACE . Council Member Smith seconded the motion. MOTION PASSED 3-2. (PEARSON AND BLOYER - NAY). ITEM 16: REVIEW OF HR COMMITTEE MAKE-UP. Mayor Pearson stated that he would like to reconsider this item from last week. He would like to continue to serve on the HR Committee. Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 2015 MOTION: Mayor Pearson moved THAT MAYOR PEARSON BE REASSIGNED TO THE HR COMMITTEE TO SERVE ON THAT COMMITTEE WITH JULIE FLIFLET AS CHAIR. Council Member Bloyer seconded the motion. Council Member Fliflet stated that she would like to see Council Member Smith serve on the HR Committee because it will allow her be part of the changes that will be made in regards to staff and culture and policies of the city. Mayor Pearson clarified his reasons for wanting to remain on the HR Committee. MOTION FAILED 1-4. (PEARSON - AYE). STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: continuing to work on Lake Jane 201 System, meeting with Azure property about future water tower site, meeting with Washington County and Shiltgen reps on regarding drainage facilities downtown, working on Carriage Station Park land transfer, continuing to track Eurasian milfoil grants, development workshop tonight, downtown workshop next Tuesday 1/27 at 6:30PM, hope to have Old Village work group meet 2/5, at next Council meeting will be discussing 5th St design. Finance Director Bendel: no report. City Attorney Snyder: no report. Community Development Director Klatt: Planning Commission last meeting was cancelled. Next meeting is next Monday 1/26. They will be working on the 2015 work plan as well as reviewing a final plat for Easton Village. City Engineer Griffin: sent out once a month engineering report. Deputy Clerk Gumatz: announced the birth of Caroline Carlson Bell. Mayor Pearson adjourned meeting at 9:09 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Beckie Gumatz, Deputy Clerk Page 6 of 6