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HomeMy WebLinkAbout02-03-2015 CCMLAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Page 1 of 5 CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, and Jill Lundgren. ABSENT: Council Member Bloyer 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 Lundgren asked to add Item 9b. Mayor Pearson asked to remove Item 12. Council Member Smith pulled Items 7, 9, and 10 for discussion. Council Member Fliflet pulled Items 8 and 9b for discussion. MOTION: Council Member Lundgren moved TO APPROVE THE FEBRUARY 3, 2014 CITY COUNCIL AGENDA AS AMENDED. Mayor Pearson seconded the motion. MOTION PASSED 3-1 (LUNDGREN NAY). ITEM 1: ACCEPT MINUTES The Council discussed changes to the submitted minutes. THE JANUARY 13, 2014 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS. THE JANUARY 20, 2014 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS. COUNCIL REPORTS: Mayor Pearson: attended Cable Commission and Lake Elmo Park Commission meetings. Met with residents on a code compliance issue; the mayor took issue with previous statements made regarding his interaction with a resident during past lake use meeting. Mayor Pearson recounted what his viewing of the video showed and his recent conversations with subject. He and the subject hoped for a compromise. Council Member Smith: Met with Council Member Fliflet and Washington County Commissioner Kriesel regarding library. Continuing discussions on finding a solution. Council Member Fliflet echoed the positive meeting sentiment. Council Member Fliflet: residents have concerns regarding traffic on Hwy 5. She would like staff to help coordinate an in-person meeting with state. Council Member Lundgren: worked on AED funding; talked to John Schiltz and LMC about creating a farmer’s market; met with HOA and Valley Branch Watershed District advisory committee regarding milfoil issues. PUBLIC COMMENTS/INQUIRIES Dave Moore, 8680 Stillwater Blvd commended the mayor’s maintenance of order. He spoke about previous statements made about sewer in the village. He stated that growth is coming and urged the Council to look at the history to ensure that mistakes are not repeated. He also voiced his concern about past council meetings. Wally Nelson, 4582 Lilac Lane N., voiced his concerns regarding actions taken at previous meetings including the meeting schedule and committee appointments. Alex Hermon, 2008 Paris Cove Ct., asked how the officials became council members and for how long. FINANCE CONSENT AGENDA LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Page 2 of 5 3. Approve Payment of Disbursements and Payroll 4. 39th Street N: Street & Sanitary Sewer Improvements – Change Order No. 2 5. Pumphouse No. 4 Improvements – Compensating Change Order No. 2 6. Pumphouse No. 4 Improvements – Pay Request No. 7 7. 2015 Compensation Adjustments MOTION: Council Member Smith moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Lundgren seconded the motion. MOTION PASSED 4-0. ITEM 7: 2015 COMPENSATION ADJUSTMENTS Council Member Smith asked if the pay adjustments have historically been effective retroactively. Finance Director Bendel stated that they had not. MOTION: Mayor Pearson moved TO APPROVE THE 2015 COMPENSATION ADJUSTMENTS OF $34,297 AS RECOMMENDED BY THE CITY STAFF IN ACCORDANCE WITH THE 2015 CITY OF LAKE ELMO BUDGET AND GUIDED BY SATISFACTORY PERFORMANCE REVIEWS AND THE 2013 DPW CLASSIFICATION MATRIX IN THE SAME MANNER AS LAST YEAR. Council Member Fliflet seconded the motion. MOTION PASSED 3-1 (SMITH - NAY). Council Member Smith requested a friendly amendment to look back at previous years to see if adjustments have ever been retroactive. The amendment was not accepted. OTHER CONSENT AGENDA ITEM 8: DESIGNATE OFFICIAL PUBLICATION NEWSPAPER OF RECORD MOTION: Council Member Fliflet moved TO DESIGNATE THE OAKDALE-LAKE ELMO REVIEW AS THE OFFICIAL NEWSPAPER OF RECORD FOR 2015 AND DESIGNATE THE ST. PAUL PIONEER PRESS AS THE BACK-UP OFFICIAL NEWSPAPER ON AN AS NEEDED BASIS. Council Member Smith seconded the motion. MOTION PASSED 4-0. ITEM 9: PUBLIC SAFETY AND FINANCE COMMITTEE APPOINTMENT Council Members Smith, Fliflet and Lundgren explained their opposition to the appointment of the former council member. Wally Nelson, 4582 Lilac Lane N., apologized to council if he was viewed as inappropriate, but believes he would continue to be an asset. MOTION: Mayor Pearson moved TO APPOINT WALLY NELSON TO THE LAKE ELMO PUBLIC SAFETY COMMITTEE. There was no second. MOTION FAILS FOR LACK OF SECOND. Mayor Pearson explained his disappointment with the failure to appoint Mr. Nelson and why he thought Mr. Nelson has been an asset to the City’s financial status. ITEM 9B: PLANNING COMMISSION APPOINTMENT MOTION: Council Member Lundgren moved TO APPOINT GARY FIELDS AS A FULL VOTING MEMBER OF THE PLANNING COMMISSION. Mayor Pearson seconded the motion. Council Member Fliflet noted that there may be multiple applicants who still may apply and would like to wait and appoint all new members at the same time. MOTION PASSED 4-0. ITEM 10: AMEND CITY FACILITY USE POLICY MOTION: Mayor Pearson moved TO AMEND THE CITY OF LAKE ELMO PUBLIC FACILITY USE POLICY TO INCLUDE A PROVISION THAT ALL STATUTORILY CREATED PUBLIC BODIES AND TAXING AUTHORITIES USING THE CITY’S MEETING FACILITIES VIDEO RECORD THEIR PROCEEDINGS IN THE INTEREST OF PUBLIC TRANSPARENCY. Council Member Smith seconded the motion. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Page 3 of 5 Council Member Lundgren stated that she know the Valley Branch Watershed District does not want to record their meetings. It was noted that it is not statutorily required. Mayor Pearson explained he is in favor of public transparency. Council Member Fliflet does not believe there is a transparency issue because they are open public meetings. Council Member Lundgren would like to table the item until Council Member Bloyer is back. MOTION: Mayor Pearson moved TO TABLE THE ITEM. Council Member Smith seconded the motion. MOTION PASSED 4-0. REGULAR AGENDA ITEM 11: BLINKOFF POOL – SALE OF PROPERTY IN DEMONTREVILLE WILDLIFE PARK; RES. NO. 2015-05, RES. NO. 2015-06, VACATION PUBLIC HEARING Community Development Director Klatt provided overview of the background. He explained the land sale discussion at the planning commission and the two recommended additional findings. Staff explained the reason the initial estimate given to the Parks Commission was not obtained. The estimate was based on the market value and City Assessor appraisal. City Attorney Snyder explained the legal options and implications of each. The question of whether the City would ever want to develop the park land was posed. It was pointed out that there is a natural gas pipeline running across the entire wildlife park that would make future development difficult. Mr. Snyder was comfortable with proposed solution. It was noted that a formal appraisal would cost the city a couple thousand dollars. MOTION: Mayor Pearson moved TO OPEN PUBLIC HEARING. Council Member Lundgren seconded the motion. MOTION PASSED 4-0. Public Hearing Opened at 8:23 pm David and Mary Blinkoff, 7920 DeMontreville Trail North, explained how the pool was permitted and installed. City Administrator Zuleger noted that the initial asking price offered the owners was $6,000.00. The Blinkoffs explained that they had done everything in good faith, but the local contractor has been responsible for the location. It was pointed out that the issue is time sensitive with the sale of their property. MOTION: Council Member Smith moved TO CLOSE PUBLIC HEARING. Council Member Lundgren seconded the motion. MOTION PASSED 4-0. Public Hearing Closed at 8:27pm Mayor Pearson recused himself. His company did not install the pool, but may service it. MOTION A: Council Member Lundgren moved TO APPROVE RESOLUTION NO. 2015-05, A RESOLUTION VACATING A PORTION OF PUBLIC PARK LAND. Council Member Fliflet seconded the motion. MOTION A PASSED 3-0-1. (Pearson abstained) MOTION B: Council Member Lundgren moved TO APPROVE RESOLUTION NO. 2015-06, A RESOLUTION AUTHORIZING THE SALE OF CITY PROPERTY FOR $3,000. Council Member Fliflet seconded the motion. MOTION B PASSED 4-0 Council Member Smith expressed her sympathy for the Blinkoffs but explained she would have preferred a higher negotiation price. Council Member Fliflet noted she wants to make sure it is clear this is not setting a precedent. City Clerk Bell explained that the previous question (Motion A) needs to be reconsidered as the vacation legally requires a 4/5 vote for approval. City Attorney Snyder stated that there is no conflict for the Mayor’s vote. RECONSIDERATION OF MOTION A: Council Member Smith moved TO APPROVE RESOLUTION NO. 2015-05, A RESOLUTION VACATING A PORTION OF PUBLIC PARK LAND. Council Member Lundgren seconded the motion. MOTION A PASSED 4-0. Point of privilege taken at 8:33pm. Reconvened at 8:40 pm. ITEM 13: 5TH STREET LANDSCAPING AND LIGHTING PLAN REVIEW LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Page 4 of 5 Community Development Director Klatt presented the proposed 5th St. landscape design. Council Member Bloyer called in to meeting via phone. Council Member Lundgren asked about the acorn lamps and the dark sky policy. It was explained that they will be in compliant. The turn lanes were discussed. The plan does include left turn lanes and right in, right out turn lanes. There will be main neighborhood access points. It was explained that MSA roads require certain specifications. It was explained that the City will be responsible for maintenance. The homeowners do not abut the road, so the City will be responsible for it. It was noted that there has been Public Works input on the impact. It was also explained that the developers will be responsible for initial plantings. The replacement plantings will be City’s responsibility. No Formal Action Requested ITEM 14: PLANNING COMMISSION WORK PLAN FOR 2015 Community Development Director Klatt presented the 2015 Planning Work Plan. The Council discussed the status of the Village Area planning. It was clarified that the chart did not indicate that it is complete. Mayor Pearson asked that the scope of the Village Work Group be defined and meetings be recorded. Council Member Bloyer asked if the meetings will be recorded. The council discussed the Village Work Group status. Council Member Bloyer’s participation was discussed. It was explained that he is not able to vote by teleconference. No formal action taken ITEM 15: EASTON VILLAGE FINAL PLAT; RES. NO. 2015-07 Community Development Director Klatt provided summary of the final plat proposal and the related changes from the preliminary plat. Remaining critical issues are 1) storm water management, 2) east village sewer trunk project, 3) platting of out lots, 4) airport (MAC) issues, and 5) final routine checklist items for plat approval. Planning Commission recommended approval 5-1. The required disclosure statement was discussed. Staff currently does not receive any complaints about the airport. The airport safety zones were discussed. The method of delivery of the disclosure statement to subsequent owners was discussed. The lack of an identified builder was discussed. The developer stated that he is still negotiating with builders. City Attorney Snyder explained that it is common in PUD applications to have a specified builder. The fact that there are a large number of walkout basements included in the proposal was discussed. Whether all the conditions have been met was discussed. Mr. Klatt stated that it is staff’s opinion that the conditions have been sufficiently met to proceed for final plat approval. Mr. Snyder recommended to Council to make it clear that the future railroad crossing costs be borne by the developer. The proposed street names were discussed. There are concerns about causing confusion with non-connecting streets. The temporary access on Manning Ave. was discussed. The developer explained his timeline. The park land credit was discussed. It was noted that the Council wants the outlots addressed in the developer agreement. Possible future village design standards and how they would affect the approved plat were discussed. It was explained that there is a two-year timeframe from final plat approval that proposals are grandfathered in. It was also clarified that the Watershed did not specifically require all walkouts. The comprehensive plan’s guiding principles for the Old Village were discussed. Mr. Klatt explained that preliminary plat approval includes comp plan compliance. The future railroad crossing and who would bear the costs were further discussed. It was clarified that the staff position is that the developer agreement will address the issue. The developer would prefer to have the costs assigned at a later phase, possibly with the future development plat to the north that will actually include the crossing. The Council opinion is that it is inevitable and favors addressing it sooner rather than later. MOTION: Council Member Smith moved TO TABLE THE ITEM. Council Member Fliflet seconded the motion. MOTION A PASSED 4-0. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2015 Page 5 of 5 Council Member Bloyer asked about Resolution 2014-46 comp plan amendment. He also requested that a land use discussion that allows 2.5 acre parcels be placed on next agenda; would like to file a formal data request from the Library Board regarding previous tenant Serenity Hypnosis and Massage. The Council decided to let the attorney decide any investigation issues. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: meeting with Adam Dunnick from Met Council on Friday 2/6/15 at 11:30 at Lake Elmo Inn; Carriage Station survey is complete; code enforcement review; There are two potential commercial buildings being proposed on I94 corridor; met with school site selectors. City Finance Director: working on year-end processing and downtown numbers. Council Member Fliflet recognized the large amount of work that the finance director has had in January. City Attorney Snyder: requested that two council members meet with him on code enforcement issue. Council Members Smith and Lundgren volunteered. Community Development Director Klatt: No report. City Engineer Griffin: No report. City Clerk Bell: Noted that there is a special meeting Thursday, February 5th at 7:00 pm here at City Hall. The February 17th City Council meeting has been rescheduled to February 24th at 7:00 pm. The Elmo Liquor License applicant will be meeting with the staff to consider zoning text amendment. Mayor Pearson Adjourned the meeting at 11:07 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk