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HomeMy WebLinkAbout04-07-2015 CCMCITY OF LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 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 Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, Assistant City Engineer Stempski, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Council Member Fliflet moved TO PULL ITEM 6 FROM THE CONSENT AGENDA FOR DISCUSSION AND POSTPONE ITEMS 9, 10, 13, 14, 16, 18, AND 19 TO NEXT MEETING. Council Member Smith seconded the motion. Community Development Director Klatt explained why some of the development items were time-sensitive. It was explained that Council Member Fliflet previously made a request to not have a long agenda. The Council addressed each item’s agenda placement separately. Postpone Item 9: MOTION PASSED 4-1 (BLOYER – NAY) Postpone Item 10: MOTION PASSED 3-2 (PEARSON AND BLOYER – NAY) Postpone Item 13: MOTION PASSED 3-2 (PEARSON AND BLOYER – NAY) Postpone Item 14: MOTION PASSED 3-2 (PEARSON AND BLOYER – NAY) Postpone Item 16: MOTION PASSED 4-1 (BLOYER – NAY) Postpone Item 18: MOTION PASSED 3-2 (PEARSON AND BLOYER – NAY) Postpone Item 19: MOTION PASSED 3-2 (PEARSON AND BLOYER – NAY) Council Member Bloyer asked that Item 17 be postponed. There was no opposition. MOTION: Council Member Fliflet moved TO APPROVE THE APRIL 7, 2015 CITY COUNCIL AGENDA AS AMENDED. Council Member Smith seconded the motion. MOTION PASSED 3-2 (PEARSON AND BLOYER – NAY). ITEM 1: ACCEPT MINUTES THE MARCH 10, 2015 SPECIAL CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS. THE MARCH 17, 2015 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS. COUNCIL REPORTS: Mayor Pearson: Met with Metro Transit and local property owner regarding potential Park and Ride; met with Washington County and staff on property acquisition for downtown stormwater improvement; attended meeting regarding property acquisition for water tower; met with staff to discuss 39th Street difficulties; congratulated Mike Reeves on appointment to County Library Board. He believes it will be beneficial to both County and City; he addressed the previous comments from the public regarding council actions and suggested that Council reconsider HR Committee appointments. He also believes that the current conflicts the Council is experiencing are not due to the issue of growth. He stated that contrary to some assertions he would be happy to call for a special election if there was a change of Council make-up. He again suggested that meetings be recorded. Due to Council response, he believes the status of the Administrator is settled. Council Member Fliflet: no report Council Member Smith: no report. Council Member Bloyer: spoke about changes to the Source. As he did not get chance to have the thanks published, he commended Alyssa Macleod for her service; he explained his called for Smith to step down. He considers current environment at City to be hostile. He alleged witnessing abuses of power, and stated he disagreed with assertion of no complaints having been filed. City Attorney Snyder reminded Council that if employee matters are to be discussed, it is best to do it as a separate agenda item. Council Member Bloyer called for a full investigation on the status of employee complaints. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2015 Page 2 of 5 Council Member Smith also thanked Alyssa Macleod for her service. Council Member Lundgren: Thanked Alyssa Macleod for her help in initiating the Farmers’ Market. Farmers’ market meeting will be held on 4/13 for anyone interested; she explained her reasons for wanting the use of plastic water bottles reevaluated; she proposed starting a neighborhood watch. PROCLAMATION Mayor Pearson read the National Library Week proclamation. PUBLIC COMMENTS/INQUIRIES Jim Blackford, 9765 55th St., wants to be the change he wants to see in Lake Elmo. He asked that everyone improve their tone. He appreciated meeting he had with Mayor Pearson. Mr. Blackford stated his support for Council Member Smith. He believes she serves the city in a good manner. He doesn’t want to see whole city polarized. He asked Council Member Bloyer to reconsider his rhetoric. He stated that he supports Administrator Zuleger. He pledged to personally tone his rhetoric back. Dean Johnston, 10677 Cedar Heights Trail, Hastings, MN, supports the principles of the “We Love Lake Elmo” group. He agrees there should be more open transparency. He claimed to possess a copy of the draft summary of complaint against Council Member Smith. He questioned allegation of the existence of other complaints. He accused Council Member Bloyer of leaking the document to the press and called for his resignation. Nicole Park, 404 Lake Elmo Ave. spent two years as Council Member working with Administrator Zuleger. She described Mr. Zuleger as amazing. He was always a kind and respectful administrator and a good listener. He helped purchase the Library Building, started the EDA, brought new businesses to the city and works well with the business community, and helped eliminate the Met Council MOU. Mr. Zuleger has always gone above and beyond. Ben Roth, 10819 3rd St. Pl., asked that threat of litigation against the city by an employee be taken off the table. Brenda Taylor, 7945 Hill Trail thanked Mayor Pearson and Council Member Bloyer for bringing up issues that need to be addressed. She questioned the purpose of placing something on the agenda if it is taken off. She questioned the status of the previously mentioned third-party investigation and the need for the Council Driven Workshop. Both items were clarified as to what they entailed. It was noted that the third party review was as initiated as a result of an employment matter. Ms. Taylor called for Council Member Smith to resign. Deb Krueger, 4452 Lake Elmo Ave., spoke about her disappointment in Lake Elmo. She asked public to stop because no one knows all the facts. She claimed to be a victim of bullying and intimidation at City Hall. She is embarrassed by behavior in Lake Elmo. She asked the public to be more respectful. Neal Krueger, 4452 Lake Elmo Ave., read letter previously submitted for 3/17/15 meeting. See Exhibit 20150407A. Dale Dorschner, 3150 Lake Elmo Ave, spoke in support of maintaining the City Administrator during everything that is going on in Lake Elmo. He questioned the timing of getting rid of Mr. Zuleger and is concerned about losing more staff. He spoke about the value of staff and the cost of turnover. He spoke about civility and how the City was trying to increase it. He is concerned that the City business is not being done and asked how it will be done if staff is disrupted. He asked about alleged additional complaints and asked for outside review of complaints. City Attorney Snyder spoke about the complaint process and stated that all complaints, formal or informal, are handled in the best interest of the City. It was clarified that Mr. Snyder did provide counsel to the city Council regarding the previous restrictions against Council Member Smith. Council Member Bloyer stated that the previous Council did everything they could do to address the past issue involving the restrictions. He also asked Dean Johnston how he obtained the draft complaint. Mr. Johnston declined to answer. FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $164,164.62 3. Accept Building Report dated February 28, 2015 4. Approval for 2015 Tax abatement; Resolution No. 2015-26 LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2015 Page 3 of 5 MOTION: Council Member Fliflet moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Mayor Pearson seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 5. LMCIT Waiver Form 6. Workshop Date Change pulled for discussion 7. Order Abatement Action – 8085 Hill Trail North; Resolution No. 2015-21 8. Approve Encroachment Agreement – 859 Julep Avenue North 9. Zoning Map Amendment – General Amendments, Ordinance 08-117 postponed 10. Easton Village Developer Agreement postponed Council Members Lundgren and Smith were designated Council liaisons on abatement action MOTION: Council Member Bloyer moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. ITEM 6: WORKSHOP DATE CHANGE The Council discussed moving the workshop from the proposed 5/13 date to 5/14 as two council members could not attend the 5/13 date. MOTION: Council Member Fliflet moved TO APPROVE MOVING THE TUESDAY, MAY 12, 2015 COUNCIL WORKSHOP TO THURSDAY, MAY 14, 2015, DUE TO THE ISD 834 SPECIAL ELECTION. Council Member Smith seconded the motion. Council Member Lundgren asked for Council Driven Workshop to be held on 5/14. MOTION PASSED 5-0. REGULAR AGENDA ITEM 11: APPROVE ELMO LIQUOR INTOXICATING LIQUOR LICENSE; PUBLIC HEARING City Clerk Bell explained license application. Applicant Keith Carlson provided an overview of the proposed store. The suggested security system was discussed. The store will include a security system. It was noted that this license application is for an Off-Sale Intoxicating Liquor License. Motion: Council Member Smith moved TO OPEN THE PUBLIC HEARING. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. Public Hearing was opened at 8:12 pm. Motion: Council Member Bloyer moved TO CLOSE THE PUBLIC HEARING. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Public Hearing was closed at 8:13 pm. MOTION: Council Member Bloyer moved TO APPROVE A NEW OFF-SALE INTOXICATING LIQUOR LICENSE FOR ELMO LIQUOR, LOCATED AT 11029 10TH ST N. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Meeting was recessed at 8:13pm. Meeting was reconvened at 8:20pm ITEM 12: EAGLE POINT BOULEVARD STREET IMPROVEMENTS – IMPROVEMENT HEARING; ORDER PLANS AND SPECIFICATIONS; PUBLIC HEARING; RESOLUTION NO. 2015-22 Assistant City Engineer Stempski presented a summary of the proposed improvement project. Area assessment method is being used. He explained the schedule. Mayor Pearson asked about TKDA and Focus both being used for engineering. It was explained that by using Focus to contract out some work, it allows the city to use a save on engineering costs. Motion: Council Member Lundgren moved TO OPEN THE PUBLIC HEARING. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. Public Hearing was opened at 8:33 pm. LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2015 Page 4 of 5 Kathy Tucci from Bremer Bank explained that Bremer has been a good partner with city and commended Mr. Stempski’s work on project. She attested to the poor condition of the road and urged the Council to do the project. Lee Casey, 8617 Eagle Point Boulevard, questioned why he is being assessed so much when his impact on the road is less than the bank’s. Motion: Council Member Bloyer moved TO CLOSE THE PUBLIC HEARING. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Public Hearing was closed at 8:37pm. Mr. Stempski further explained the assessment methodology. It was noted that the principal petitioners would be the major contributors to the assessments. MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2015-22, ORDERING THE EAGLE POINT BOULEVARD STREET AND SANITARY SEWER IMPROVEMENTS AND THE PREPARATION OF PLANS AND SPECIFICATIONS. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Lundgren moved TO APPROVE A PROFESSIONAL ENGINEERING DESIGN AND CONSTRUCTION SUPPORT SERVICES CONTRACT TO TKDA IN THE NOT TO EXCEED AMOUNT OF $42,150. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 13: BOULDER PONDS ZONING MAP AMENDMENT, FINAL PLAT AND FINAL PUD PLAN; RESOLUTION NO. 2015-23, ORDINANCE 08-118 Item postponed ITEM 14: WILDFLOWER PRELIMINARY PLAT; RESOLUTION NO. 2015-24 Item postponed ITEM 15: 39TH STREET: STREET AND SANITARY SEWER IMPROVEMENTS – CHANGE ORDER NO. 4 City Engineer Griffin provided an update on the project. Due to unexpected geological issues larger pipe will be required. Increase to project budget will be $154,440.00. It will be paid out of sewer fund. There will be no additional change orders. Council Member Fliflet asked what other options are available to pay for project. The funding options were briefly discussed. Alternate funding options would be looked at. MOTION: Council Member Fliflet moved TO APPROVE CHANGE ORDER NO. 4 FOR THE 39TH STREET NORTH: STREET AND SANITARY SEWER IMPROVEMENTS THEREBY INCREASING THE CONTRACT AMOUNT BY $154,440.00. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. ITEM 16: DISCUSSION OF CITY HALL WATER SOLUTION Item postponed ITEM 17: COUNCIL DRIVEN WORKSHOP Item postponed ITEM 18: BOULDER PONDS DEVELOPER AGREEMENT; RESOLUTION NO. 2015-25 Item postponed ITEM 19: THIRD PARTY REVIEW OF FINANCES DISCUSSION Item postponed Council Member Bloyer asked if he can make a motion after the closed session. City Attorney Snyder explained that any action decided must be taken after the closed session during an open meeting. STAFF REPORTS & ANNOUNCEMENTS: LAKE ELMO CITY COUNCIL MINUTES APRIL 7, 2015 Page 5 of 5 City Finance Director Bendel: finishing up audit work; first quarter financial statements; prepping up 2015 CIP bonding. City Attorney Snyder: working with staff on 39th Street and development documents. Community Development Director Klatt: upcoming workshop with Met Council and East Metro Strong regarding transit. City Engineer Griffin: working on keeping Eagle Point Blvd project on schedule as well as 39th Street project, supporting City Planner Johnson on CSAH 17/Lake Elmo Ave project, and development proposals. City Administrator Zuleger: working on water supply study, water tower, MnDEED grant, state bonding funds; Washington County Sheriff and Red Zone enforcement; staff is working on communications role distribution. City Clerk Bell: working with County on transfer of annex building and election preparation; attended first HR committee meeting of the year. Meeting adjourned to closed session at 9:02 pm. City Attorney Snyder summarized the closed session: City Council met in executive session to discuss recommendations by a 3rd party reviewer in connection with a confidential employment matter related to an employee of the City. He reiterated that it was an employee of the City. Council will be implementing those recommendations. It was clarified that the employee matter it did not involve a council member. MOTION: Council Member Lundgren moved TO ADOURN. No record of second. MOTION PASSED 5-0. Mayor Pearson Adjourned the meeting at 11:55 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk