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HomeMy WebLinkAbout05-03-2016 CCMCITY OF LAKE ELMO CITY COUNCIL MINUTES MAY 3, 2016 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Julie Fliflet, Anne Smith, Justin Bloyer (arrived at 7:32 pm), and Jill Lundgren. Staff present: City Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, Building Official Bent, Fire Chief Malmquist and City Clerk Johnson. APPROVAL OF AGENDA Approval of Minutes was postponed to the next meeting. Item 7 was moved to the Regular Agenda. Agenda approved as amended. PUBLIC COMMENTS/INQUIRIES Virginia Pleban, 8245 59th Street North, thanked the Council for the countless hours they put in and thanked the volunteer that cleaned up the Demontreville rain garden. Susan Dunn, 11018 Upper 33rd Street North, expressed concerns for the city, particularly the Old Village area loss of trees and increasing expense for the street and sewer project. Dale Dorschner, 3150 Lake Elmo Avenue, stated that the City still does not have a proforma and needs one for assessments and truth in taxation. Mr. Dorschner also commented on his formal complaint filed with the City and other matters. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Approve March 2015 Building Department Report 4. Approve Inwood Water Tower (No. 4) – Change Order No. 1 5. Approve Lawful Gambling Permit – Catholic Parents Club 6. Approve Inwood 3rd Addition Amended Developer’s Agreement 8. Approve Kevin Magnuson LLC Engagement Letter 9. Approve 3M Tolling Agreement Consent Agenda approved by unanimous consensus. ITEM 7: Receive Budget Workshop Calendar LAKE ELMO CITY COUNCIL MINUTES MAY 3, 2016 Page 2 of 6 Mayor Pearson asked the Council to consider moving the July Council budget workshop from a Wednesday to a Tuesday. Councilmember Fliflet, seconded by Councilmember Smith, moved TO MOVE ITEM 7 TO THE END OF THE AGENDA. Motion passed 3 – 1. (Pearson – nay) ITEM 10: Old Village Phase 2: Street, Drainage and Utility Improvements – Public Hearing, Order Improvements and Provide Concurrence to Award Contract City Engineer Griffin reviewed the scope of the improvements, location and phasing map, project schedule, assessment methodology and assessment considerations. Assessments for each street were reviewed with Griffin noting that the City has a hardship deferral provision in its assessment policy. Public Hearing was opened at 7:40 p.m. City Attorney Sonsalla advised the public that this Public Hearing is for the project and the City will hold a separate Public Hearing for the assessments. Tim Danielson, 11357 30th Street N., expresses anger over the assessments and gave estimated costs for residents on 30th Street. Stuart Johnson, 3603 Lake Elmo Avenue, stated that the burden should be shifted and asked the City to pursue other funding mechanisms. Susan Dunn, 11018 Upper 33rd St. N., asked about the logistics of the project and encouraged consideration for scaling back the project. Dale Dorschner, 3150 Lake Elmo Avenue, stated that infrastructure is needed to protect property values and reminded the Council that past Councils avoided lawsuits from Met Council by installing infrastructure. Public Hearing was closed at 8:20 p.m. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2016-37, ORDERING THE IMPROVEMENT FOR THE OLD VILLAGE PHASE 2 STREET, DRAINAGE AND UTILITY IMPROVEMENTS AS DETAILED IN THE FEASIBILITY REPORT AS AMENDED MAY 2016 AND PROVIDING MUNICIPAL CONCURRENCE FOR WASHINGTON COUNTY TO AWARD A CONTRACT. Motion passed 5 – 0. Councilmember Smith, seconded by Councilmember Lundgren, moved TO MOVE ITEMS 11, 12 AND 13 TO FOLLOW ITEM 14 ON THE AGENDA. Motion passed 3 – 2. (Pearson, Bloyer – nay) ITEM 14: Palmquist Commercial Wedding Ceremony Venue IUP – Public Hearing LAKE ELMO CITY COUNCIL MINUTES MAY 3, 2016 Page 3 of 6 Planning Director Wensman presented the request for a ten year Interim Use Permit to operate a commercial wedding venue at 12202 55th Street North. Wensman reviewed the criteria for the venue and comments received from the public hearing and from the Building Official. No members of the public were present for the Public Hearing. Councilmember Lundgren, seconded by Councilmember Smith, moved TO ADOPT RESOLUTION 2016-19 GRANTING A 5 YEAR INTERIM USE PERMIT FOR A COMMERCIAL WEDDING CEREMONY VENUE WITH 7 CONDITIONS. Councilmember Lundgren, seconded by Councilmember Smith, moved TO AMEND THE PRIMARY MOTION TO CHANGE THE TERM FROM 5 YEARS TO 10 YEARS. Motion passed 3 – 1 – 1. (Pearson – nay; Bloyer – present/not voting) Councilmember Fliflet, seconded by Councilmember Bloyer, moved THAT THE TRAFFIC ATTENDANT BE INSTRUCTED TO DIRECT TRAFFIC TO THE STOPLIGHT INTERSECTION. Motion failed 1 – 3 – 1. (Pearson, Lundgren, Smith – nay; Bloyer – present/not voting) Councilmember Lundgren, seconded by Councilmember Smith, moved TO STRIKE CONDITIONS 6 AND 7 FROM RESOLUTION 2016-19. Motion passed 3 – 1 – 1. (Pearson – nay; Bloyer – present/not voting) Primary motion passed 3 – 0 – 2. (Pearson, Bloyer – present/not voting) ITEM 11: CSAH 17 (Lake Elmo Avenue) – Approve Revised Phase 1 and 2 Cooperative Agreement City Engineer Griffin presented amendments to the Cooperative Agreement to update the agreement with the best known costs and update the payments due to Washington County. Potential future cost changes were discussed. Mayor Pearson, seconded by Councilmember Fliflet, moved TO ADOPT RESOLUTION 2016—36 APPROVING COOPERATIVE AGREEMENT N10196 WITH WASHINGTON COUNTY FOR THE COUNTY STATE AID HIGHWAY 17 (LAKE ELMO AVENUE) PHASE 1 AND 2 IMPROVEMENTS. Motion passed 5 – 0. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO SET A POLICY FOR CHANGES GREATER THAN $50,000 TO COME TO THE CITY COUNCIL FOR APPROVAL. Motion passed 5 – 0. ITEM 12: 2016 Street Improvements – Adopt Resolution 2016-31 Approving 2016 Street and Utility Improvements and Rescinding Resolution 2015-82 Administrator Handt reported that the contract for the project has been awarded and work has begun and noted that Resolution 2016-31 is a funding mechanism for the project. LAKE ELMO CITY COUNCIL MINUTES MAY 3, 2016 Page 4 of 6 Councilmember Lundgren, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2016-31 APPROVING 2016 STREET AND UTILITY IMPROVEMENTS AND RESCINDING RESOLUTION 2015-82. Motion passed 5 – 0. ITEM 13: 2016 Capital Improvement Financing Plan; Approval of the Issuance of G.O. Bonds Series 2016A Resolution 2016-28 Authorizing the Issuance and Sale of General Obligation Bonds, Series 2016A in the amount of $9,860,000 was adopted by unanimous consensus. ITEM 15: Fish House Exemption from Requirement that No Accessory Structure be Constructed Prior to Principal Structure on a Lot Planning Director Wensman reviewed the ordinance requirement that a principal structure be constructed prior to an accessory structure can be constructed on a lot. Item was referred to the Planning Commission by unanimous consensus for further investigation. ITEM 16: Parliamentarian Contract Administrator Handt reviewed the proposed contract for Parliamentarian services and noted there is a greater cost savings if a longer contract is agreed upon. Dale Dorschner, 3150 Lake Elmo Avenue N., objected to the cost of the Parliamentarian and questioned conflicts of interest. Susan Dunn, 11018 Upper 33rd St. N., thanked the Parliamentarian for his service to the City and stated he has provided a good service. Dick Weir, 3645 Laverne Avenue N., asked the City Council to lead by example and noted that the Parliamentarian’s contract is expired. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE A 6 MONTH CONTRACT FOR PARLIAMENTARIAN SERVICES. Councilmember Fliflet, seconded by Councilmember Smith, moved TO AMEND THE PRIMARY MOTION WITH A MOTION TO APPROVE A 3 MONTH CONTRACT WITH A 20 PERCENT DISCOUNT. Motion passed 5 – 0. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ADD THAT EACH COUNCILMEMBER CONTRIBUTE $500 TOWARD THE PARLIAMENTARIAN CONTRACT OUT OF THEIR CITY COUNCIL PAY. Motion failed 2 – 3. (Fliflet, Lundgren, Smith – nay) LAKE ELMO CITY COUNCIL MINUTES MAY 3, 2016 Page 5 of 6 Primary motion passed 3 – 2. (Pearson, Bloyer – nay) ITEM 7: Receive Budget Workshop Calendar Administrator Handt stated that the calendar was prepared so City Council Members can plan accordingly. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE THE BUDGET WORKSHOP CALENDAR WITH THE FOLLOWING CHANGES: INVITE THE CITY COUNCIL TO THE JULY FINANCE COMMITTEE MEETING FOR A BUDGET WORKSHOP, CANCEL THE JULY 20th AND AUGUST 23RD WORKSHOPS, AND USE THE AUGUST 9TH FINANCE COMMITTEE MEETING FOR A SECOND JOINT WORKSHOP IF NEEDED. Mayor Pearson, seconded by Councilmember Bloyer, moved TO REPLACE THE PRIMARY MOTION WITH A SUBSTITUTE MOTION TO DIRECT STAFF TO BRING BACK A SCHEDULE THAT ADDRESSES STAFF CONCERNS AND MEETS THE NEEDS OF THE PUBLIC. Motion failed 2 – 3. (Fliflet, Lundgren, Smith – nay) Primary motion passed 3 – 2. (Pearson, Bloyer – nay). COUNCIL REPORTS Mayor Pearson: Attended several events: Arbor Day tree giveaway, groundbreaking, Hamlet HOA meeting. Announced Family Means event at Cimarron Community Center on May 12th at 6:30 pm. Councilmember Fliflet: Assisted at the Arbor Day tree giveaway and thanked volunteers. Councilmember Smith: No report. Councilmember Lundgren: Assisted with preparations for the tree giveaway, attended a Lake Olson Rd. committee meeting, Olson Lake Road clean up, and Farmer’s Market meeting. Councilmember Bloyer: No report. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Working on the Rossow suit mediation, union negotiations, and matters with the Stillwater School District. City Clerk Johnson: Thanked Public Works staff and citizen volunteer Virginia Pleban for their work on the landscaping at City Hall. Finance Director Bendel: Participating in the Mooty’s rating call on May 4th, working on the CIP plan, updating project figures and preparing for the May 11th Finance Committee meeting. City Attorney Sonsalla: Working on Developer Agreements and various related matters. LAKE ELMO CITY COUNCIL MINUTES MAY 3, 2016 Page 6 of 6 Planning Director Wensman: Wrapping up many loose ends, attended a meeting with Met Council, scheduled a meeting with the DNR to discuss the shoreland ordinance, developing a work plan for the Planning Department. City Engineer Griffin: Early start to the construction season, hosting an open house to answer questions regarding Phase 2 of the downtown project. Fire Chief Malmquist: Part time Administrative Assistant is on board, attended a tabletop exercise at the County, met with Arbor Glen staff and shared call data with them, reported on a call received on April 24, 2016 at 3:00 a.m. where the department was slow to respond. Parliamentarian Wendt noted that he received a copy of the City’s updated Chapter 31 Ordinance and needs further clarification on a couple of areas. Meeting adjourned at 11:50 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk