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HomeMy WebLinkAbout02-24-2015 CCMLAKE ELMO CITY COUNCIL MINUTES FEBRUARY 24, 2015 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 24, 2015 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren. Staff present: City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Mayor Pearson moved TO APPROVE THE FEBRUARY 24, 2015 CITY COUNCIL AGENDA AS AMENDED. Council Member Bloyer seconded the motion. Council Member Bloyer pulled Item 7 for discussion. Council Member Smith pulled Consent Agenda Item 10 and 12 for discussion. Council Member Fliflet pulled Consent Agenda Item 13 for discussion. MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES THE FEBRUARY 3, 2015 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS. THE FEBRUARY 5, 2015 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS. COUNCIL REPORTS: Mayor Pearson: attended Kwik Trip grand opening. It was a great event; visited Lennar development. He was very impressed; spoke with several residents regarding the lake issue. Council Member Fliflet: attended village work group meeting. She asked that staff join the group at the next meeting; Council Member Smith: attended village work group meeting. She encouraged the public who are interested to attend; voiced her desire to table Item 19. Council Member Bloyer: visited Lennar development; apologized to Jim and Judith Blackford for previous meeting interaction. Council Member Lundgren: attended Met Council lunch; have prepared the AED paperwork. PUBLIC COMMENTS/INQUIRIES Rita Conlin, 8560 Ironwood Trail, is not clear on what the executive session topic is about. She urged the Council to maintain consistency with staff and leadership and not make any rash decisions. She has concerns about image of city. Judith Blackford, 9765 45th St. N. wanted to set the record straight on her family and the Tapestry development. Also spoke of her volunteer efforts with the parks and open space. Council Member Smith apologized for the way she was treated and wished that the event had occurred differently. Jim Blackford, 9765 45th St. N. is disappointed in Council Member Bloyer’s apology. He did not intend any threats and does not wish any harm to council. He wants the city council to represent the citizens and work together. Tammy Malmquist, 8549 Ironwood Trail, thanked staff for all their hard work. She believes that the new positive attitude at city hall is in part due to the new administrator. She thanked the council for all they do. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 24, 2015 Page 2 of 6 Greg Malmquist, 8549 Ironwood Trail, spoke as a resident. He thinks the current staff is the best the city has ever had and he enjoys working with them. He is concerned about negative rumors being discussed. He urged council to put personal attacks aside and work for betterment of town. John Schiltz, spoke about how he thinks the city is better than ever and is concerned about city politics eroding the reputation of the city. FINANCE CONSENT AGENDA 3. Approve Payment of Disbursements and Payroll in the amount of $247,751.86. 4. Accept Financial Report dated January 31, 2015 5. Accept Building Report dated January 31, 2015 6. Accept City Assessor Report dated January 31, 2015 7. Jane Road 201 Wastewater System – Approve Site Testing and Monitoring Plan 8. 2015 Seal Coat Project – West Lakeland Township Joint Services Agreement 9. 2015 Seal Coat Project – Authorize Preparation of Plans and Specifications MOTION: Council Member Bloyer moved TO APPROVE THE FINANCE CONSENT AGENDA AS AMENDED. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 7: JANE ROAD 201 WASTEWATER SYSTEM – APPROVE SITE TESTING AND MONITORING PLAN City Engineer Griffin gave an update of the status of the project. Staff is determining how many properties would be considered for inclusion. MOTION: Council Member Bloyer moved TO APPROVE THE SOIL TESTING AND MONITORING PLAN ON THE JANE ROAD 201 WASTEWATER SYSTEM (TRI-LAKES REMOTE D) IN THE NOT TO EXCEED AMOUNT OF $6,400.00. Council Member Smith seconded the motion. It was noted that the improvement project would have to occur before the assessments can be made. MOTION PASSED 5-0. OTHER CONSENT AGENDA 10. Planning Commission Appointments 11. Council Minutes Format 12. Hammes Estates 1st Addition Development Agreement Amendment Request; Resolution No. 2015-09 13. Savona Preliminary Plat Resolution Amendment; Resolution No. 2015-10 MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. ITEM 10: PLANNING COMMISSION APPOINTMENTS Council Member Smith explained that she does not like items like this placed on consent agenda. She would like the items listed and announced for public information. Specifically for commission appointments, she would like the applicants to be acknowledged for their volunteer service. MOTION: Council Member Smith moved TO APPPPOINT WENDY GRIFFIN TO THE PLANNING COMMISION AS FIRST ALTERNATE. Council Member Fliflet seconded the motion. MOTION PASSED 3-2 (Pearson/Bloyer – nay). The process of commission appointments was discussed. MOTION: Mayor Pearson moved TO APPPPOINT JESSE HARTLEY TO THE PLANNING COMMISION AS SECOND ALTERNATE. Council Member Bloyer seconded the motion. MOTION MOTION FAILED 2-3 (Fliflet/Smith/Lundgren – nay). ITEM 12: HAMMES ESTATES 1ST ADDITION DEVELOPMENT AGREEMENT AMENDMENT REQUEST; Resolution No. 2015-09 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 24, 2015 Page 3 of 6 Community Development Director Klatt explained the amendments to the Hammes Estates development agreement that include one additional model home and the oversizing of the watermain. MOTION: Council Member Lundgren moved TO ADOPT RESOLUTION NO. 2015-09, APPROVING THE REQUESTED AMENDMENTS TO THE APPROVED DEVELOPMENT AGREEMENT FOR THE HAMMES ESTATES 1ST ADDITION RESIDENTIAL SUBDIVISION. Council Member Pearson seconded the motion. How the City’s dark skies policy applies to the models was addressed. MOTION PASSED 5-0. ITEM 13: SAVONA PRELIMINARY PLAT RESOLUTION AMENDMENT; Resolution No. 2015-10 Community Development Director Klatt explained the amendments that include changing the restriction from half the lots approved to half the building permits issued until there is a secondary access. The amendment also helps keep the development tracking appropriately. Joe Joblonski from Lennar explained Lennar’s reason for the request. Lennar would like the limitation placed instead of on platted lots but number building permits. City Attorney Snyder said there are no legal issues. The timing of approval was discussed. MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2015-010, AMENDING RESOLUTION NO. 2013-064 APPROVING A PRELIMINARY PLAT FOR SAVONA. Council Member Bloyer seconded the motion. Mr. Snyder explained the implications of potential votes. Mr. Klatt explained that staff’s opinion that the change should be supported. City Engineer Griffin explained that there may also be an added benefit in the infrastructure build out. MOTION PASSED 5-0. REGULAR AGENDA ITEM 14: 39th Street N: Street & Sanitary Sewer Improvements – Change Order No. 3 City Engineer Griffin explained the reasoning for the change order are obstructions in the path of the pipe. MOTION: Council Member Bloyer moved TO APPROVE CHANGE ORDER NO. 3 FOR THE 39TH STREET NORTH: STREET AND SANITARY SEWER IMPROVEMENTS THEREBY INCREASING THE CONTRACT AMOUNT BY $19,435.00. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 15: CITY FACILITY USE POLICY Mayor Pearson explained the reason for the policy addition. It was explained that the purpose is to promote public transparency of government. This item was postponed in order to have the entire Council present to vote. Brenda Jo Carlson, 8554 Hidden Bay Trail, spoke about her experience at a recent VBWD district. Strongly supports the public being able to view the proceedings. MOTION: Council Member Bloyer moved TO AMEND THE CITY OF LAKE ELMO PUBLIC FACILITY USE POLICY TO INCLUDE A PROVISION THAT ALL STATUTORY CREATED PUBLIC BODIES AND TAXING AUTHORITIES USING THE CITY’S MEETING FACILITIES VIDEO RECORD THEIR PROCEEDINGS IN THE INTEREST OF PUBLIC TRANSPARENCY. Mayor Pearson seconded the motion. Mayor Pearson believes that this policy would help educate the Council and the public about the government actions taking place in the city. MOTION FAILED 2-3 (Fliflet/Smith/Lundgren – nay). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 24, 2015 Page 4 of 6 ITEM 16: RECORDING CITY MEETINGS Council Member Bloyer explained his rationale for desiring the City entities to record their meetings. MOTION: Council Member Bloyer moved TO ADOPT A POLICY OF ALL CITY OF LAKE ELMO PUBLIC BODIES SUBJECT TO THE OPEN MEETING LAW BE REQUIRED TO ELECTRONICALLY RECORD THEIR PROCEEDINGS IN THE INTEREST OF PUBLIC TRANSPARENCY. Mayor Pearson seconded the motion. Mayor Pearson suggested that there is especially a value for new council members. MOTION FAILED 2-3 (Fliflet/Smith/Lundgren – nay). MOTION: Council Member Fliflet moved TO RECORD CITY COUNCIL MEETINGS BUT NOT WORKSHOPS, AND ALSO RECORD PLANNING COMMISSION AND PARKS COMMISSION MEETINGS BUT NOT TAPE OTHER MEETINGS. Council Member Smith seconded the motion. The recording of workshops was discussed. City Attorney Snyder noted that recording meetings varies, but ultimately it is a policy decision. Noelle Verbeek, 8191 Hill Trail, wished she could have attended previous milfoil meeting. It was noted that all committees and subcommittees are subject to the open meeting law. MOTION PASSED 3-2 (Pearson/Bloyer – nay). ITEM 17: RAMSEY WASHINGTON SUBURBAN CABLE COMMISSION/TIM FINNERTY – COMCAST TRANSFER; Resolution No. 2015-11 R/WSCC Executive Director Tim Finnerty provided background of the R/WSCC and the transfer of the current cable franchise agreement from Comcast to Greatland. March 13 is deadline for Council to act. Mr. Finnerty explained the conditions the Commission suggests for approval.. Of note, the franchise agreement will be extended until July 1, 2018 and cable services will be extended to the Sanctuary neighborhood within a reasonable time period. It was explained that if Lake Elmo denies the transfer, Comcast would have to continue providing services to residents, but would probably continue to attempt to seek approval. The Council discussed what assurances could be requested of Comcast. City Attorney Snyder explained the legal implications of the franchise agreement. The implications of denying the transfer was discussed. The PEG fees was discussed. Mayor would like a workshop on the Commission and PEG fees. It was noted that the R/WSCC fees are some of the highest in the metro. The impact of large lots on extending service was explained. MOTION: Mayor Pearson moved TO APPROVE RESOLUTION NO. 2015-11, CONDITIONALLY APPROVING THE COMCAST TRANSFER. Council Member Bloyer seconded the motion. It was noted that Shoreview has opted out of their commission. MOTION PASSED 5-0. ITEM 18: FINANCIAL PLANNING AGREEMENT Council Member Fliflet would like the Finance Committee to discuss the item prior to the Council taking action on it. There was discussion of whether a company other than Northland Securities, who currently handles the City’s bonds, should provide the analysis to avoid conflict. MOTION: Council Member Fliflet moved TO TABLE UNTIL FINANCE COMMITTEE DISCUSSES ITEM. Council Member Smith seconded the motion. MOTION PASSED 3-2 (Pearson/Bloyer – nay). Mayor Pearson explained his reasoning for wanting this item addressed soon as it can impact borrowing. ITEM 19: WATER SURFACE ORDINANCE AMENDMENT – ORDINARY HIGH WATER LEVEL – LAKE OLSON/DEMONTREVILLE LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 24, 2015 Page 5 of 6 City Clerk Bell explained that the council was being asked to call for a public hearing. He noted that the city has received many public comments. Council Member Bloyer explained the background of how the current level was reached. Council Member Lundgren explained that preventing erosion damage was the reason she initially placed this on the agenda. She is not interested in addressing any other issues, such as hours of operation. MOTION: Council Member Lundgren moved TO TABLE THE ITEM. Council Member Fliflet seconded the motion. Council Member Lundgren withdrew her motion to table. Steve Verbeek, 8191 Hill Trail, is opposed to the OHW being lowered. He asked what the benefits of having a no-wake restriction were. Jonathan Early, 8032 Hidden Bay Trail, tired of item on city agenda. He disagrees with claims of erosion caused by powerboats. Dave Carlson, 8554 Hidden Bay Trail, opposed to reduction of trigger level and opposed to calling for a public hearing. He is tired of City discussing divisive item. He wishes City would instead come together. He commended Council Member Smith on her past leadership on the current compromise. Dave Sewell, 8200 Hill Trail, recently moved to city for lake recreation and would not have purchased lakehome if stricter limitations were placed on lake. He is a civil and environmental engineer. He related data from study on wave energy and erosion. Karen Slakey, 7872 Demontreville Trail, opposed to changing the OHW level. Denise Boczek, 8110 Demontreville Trail, asked when the city was ever set at OHW level. She is opposed to lowering the level. She questioned the need to change the level now. Phil Eason, 7934 Hill Trail, wants to the City to move on. Tony Haider, 4575 Olson Lake Trail 4575 opposed to lowering the no-wake level and opposed to calling for a public hearing. He asserted that the property value is affected by restrictions. Brian Pitzen, 4554 Olson Lake Trail, asserted that the greater LDO members have not been consulted. He also asserted that Lundgren has a conflict of interest in this item. It was explained by the city attorney that she does not. Steve Schleicher, 4774 Olson Lake Trail, opposed to lowering the trigger. He does not believe that wake causes erosion. Darrel Vossberg, 9436 Jane Road, opposed to further restriction. Has not seen the erosion. Tom Burns, 7962 Hill Trail, opposed to lowering the trigger and opposed to the Jim Schwalbach, 4555 Olson Lake Trail opposed to public hearing wants to enjoy the lake. Michael Hillern, 4455 Olson Lake Trail, opposed to restriction. The lake is public and the city should not restrict its use Brenda Jo Carlson, 8554 Hidden Bay Trail, questioned the city requiring a public hearing. It was explained that the MNDNR is requiring it. She spoke about OD being a “bounce lake” and the resulting fluctuating levels. She asked that individuals take personal responsibility. She presented a calendar of historical water levels where the no wake restriction would have been triggered. Cory Boudreau, 8382 Hidden Bay Trail, presented a diagram depicting the no wake trigger historical. He asked that it be attached to the record. He asserted that previous droughts caused people to forget what the normal level is. Terry Boczek, 8110 Demontreville Trail, took offense to accusation of template letters being submitted. She asked that the policy be simplified. She asked that level be raised if the level is discussed. Noelle Verbeek, 8191 Hill Trail, was opposed to a holding another public hearing. She would rather have Council spend time and money on fighting milfoil. MOTION: Council Member Bloyer moved TO CALL FOR PUBLIC HEARING ON DATE UNCERTAIN. Mayor Pearson seconded the motion. MOTION FAILED 0-5. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 24, 2015 Page 6 of 6 DISCUSSION ITEM ITEM 20: RURAL AREA DEVELOPMENT DISCUSSION Council Member Bloyer explained that the outlying areas need to be addressed to avert future mandate by the Met Council. Community Development Director Klatt explained the Planning Commission discussions regarding rural area development. Council consensus is that the conversation should take place. Shared versus individual septics and costs and concerns was concerned. The Council wants to hear back from Planning Commission soon, by spring. Council direction is to have proposal that includes smaller lots. No formal action taken. Council Member Lundgren again requested a Council Driven Workshop. EXECUTIVE SESSION: City Attorney Snyder explained the reason for the closed session to discuss pending or potential litigation relating to non-public employment matters under MN Stat. § 13D.05(3)(b). MOTION: Council Member Smith moved TO ENTER CLOSED SESSION. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. Entered closed session at 11:25pm. MOTION: Council Member Lundgren moved TO RE-ENTER OPEN SESSION. Council Member Smith seconded the motion. MOTION PASSED 5-0. Re-entered open session at 12:49 am. City Attorney Snyder announced partied present: City Council, attorney Jessica Schwie, and City Attorney Snyder. There was no direction given from council in regards to topics. No action taken. MOTION: Council Member Smith moved TO ADJOURN. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Mayor Pearson Adjourned the meeting at 12:45 am. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk