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Home My WebLink About08-16-2016 CCMCITY OF LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 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, and Jill Lundgren. Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Finance Director Bendel, Planning Director Wensman, and City Clerk Johnson. APPROVAL OF AGENDA City Council Reports were removed from the Agenda. Councilmember Lundgren, seconded by Mayor Pearson, moved TO APPROVE THE AGENDA AS AMENDED. MOTION PASSED 5 – 0. ACCEPT MINUTES A clarification was added to the Approval of the Agenda to reflect that an item was removed from the Consent Agenda. Minutes of the August 2, 2016 Regular Meeting were accepted by unanimous consent as amended. PUBLIC COMMENTS/INQUIRIES Nadine Obermueller, 8696 42nd Street North, commented on growing layers of government and cautioned against too much government growth. Virginia Pleban, 8245 59th Street North, spoke about communication and encouraged listening with an open mind. PRESENTATIONS Promotion of Two Probationary Firefighters Councilmember Fliflet, seconded by Councilmember Bloyer, moved TO APPROVE THE PROMOTION OF JEREMY PENMAN AND BRANDAN PELTIER FROM PROBATIONARY STATUS TO FIREFIGHTER WITH BACK PAY TO ELIGIBILITY DATE. Motion passed 5 – 0. Fire Chief Malmquist conducted the swearing in of Firefighters Jeremy Penman and Brandan Peltier. CONSENT AGENDA 3. Approve Payment of Disbursements 4. Accept July 2016 Financial Statements 5. Accept July 2016 Assessor’s Report 6. Accept July 2016 Building Department Report 7. Accept July Fire Chief’s Report 8. Accept July Public Works Department Report 9. Approve Special Assessment Abatement Requested by Washington County – Resolution 2016-66 LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2016 Page 2 of 4 10. Approve 2016 Seal Coat Project – Pay Request No. 1 11. Approve 2016 Street, Drainage and Utility Improvements – Pay Request No. 3 12. Approve Inwood Trunk Watermain Improvements – Pay Request No. 4. 13. Approve Inwood Booster Station – Pay Request No. 3 14. Approve Inwood Booster Station – Change Order No. 1 15. Approve Inwood Water Tower (No. 4) – Pay Request No. 3 Consent Agenda approved by unanimous consent. ITEM 16: Dan Greensweig, LMCIT Assistant Administrator Mr. Greensweig reported that the City’s insurance coverage is up for renewal and will be reviewed by the LMCIT Board of Directors. Greensweig outlined reasons for concern over the risk level and stated LMCIT staff is considering recommending a higher deductible. ITEM 17: CSAH 13 (Ideal Avenue/Olson Lake Trail) – Approve Feasibility Report City Engineer Griffin reviewed the request for the Council to order a feasibility report for the CSAH 13 project so the costs can be assessed to the benefitting properties. Councilmember Lundgren, seconded by Councilmember Smith, moved TO APPROVE RESOLUTION NO 2016-67, ORDERING PREPARATION OF A FEASIBILITY REPORT BY FOCUS ENGINEERING FOR THE CSAH 13PHASE 1 IMPROVEMENTS IN A NOT TO EXCEED AMOUNT OF $7,000. Motion passed 5 – 0. ITEM 18: OP4 Boulder Ponds LLC Zoning Map Amendment/PUD Amendment Planning Director Wensman reviewed the application to rezone two outlots and adjust the density. Discussion was held concerning the density that was approved with the final plat and the need for the applicant to join the two outlots in one zoning classification. Ben Schmidt of the Excelsior Group provided background on the zoning and stated that the group plans to construct senior housing on the combined outlots. Councilmember Smith, seconded by Councilmember Lundgren, moved TO POSTPONE THIS ITEM TO THE SEPTEMBER 6, 2016 CITY COUNCIL MEETING. Motion passed 5 – 0. ITEM 19: Title XV, Chapter 154 of the Lake Elmo City Code Related to Temporary Health Care Dwellings City Planner Wensman reported on a new state law that allows for permitting and use of temporary health care dwellings. Wensman explained that the City can pass an ordinance to opt out of the law and not allow temporary health care dwellings as recommended by the Planning Commission. Councilmember Smith, seconded by Councilmember Lundgren, moved TO APPROVE ORDINANCE 08-151 OPTING OUT OF MINNESOTA STATUTES, SECTION 462.3593. Motion passed 5 – 0. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2016 Page 3 of 4 ITEM 20: Pigeon Ordinance Planning Director Wensman reviewed the proposed ordinance that would regulate the keeping of pigeons. Councilmember Fliflet, seconded by Councilmember Smith, moved TO APPROVE ORDINANCE 08-148 REGULATING THE KEEPING AND MAINTAINING OF PIGEONS. Discussion was held concerning the need for an ordinance and the current status of pigeons kept in the City. Resident Barry Weeks commented that his dad had an average of about 150 pigeons on a one acre lot in the past with no issues. Staff was directed by Council consensus to allow the keeping of pigeons without regulation. Motion withdrawn. ITEM 21: Fence Ordinance Revisions Planning Director Wensman reviewed the fence ordinance relating to solid fences over four feet high. Wensman provided background information and requested the Council consider repealing Subd. (E)(3) and direct the Planning Commission to hold a public hearing on the repeal. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO DIRECT CITY STAFF AND THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING AND CONSIDER RECOMMENDING APPROVAL OF THE CITY’S FENCING REGULATIONS THAT REPEALS SUBD. (E)(3) OF SECTION 154.205: FENCING REGULATIONS OF THE CITY CODE. Motion passed 4 – 0 – 1. (Smith – abstain) ITEM 22: Village Preserve 2nd Addition Developer Agreement City Planner Wensman reviewed changes to the Developer Agreement that deviate from the template in the areas of phasing, security release for landscaping, landscaping and tree replacement, title policy, street signs and special assessments. Discussion was held concerning some of the changes. Mayor Pearson, seconded by Councilmember Lundgren, moved TO ADOPT RESOLUTION 2016-70 APPROVING THE DEVELOPER’S AGREEMENT FOR VILLAGE PRESERVE 2ND ADDITION WITH A CHANGE FROM ONE YEAR TO TWO YEARS IN SECTION 35B. Motion passed 5 – 0. ITEM 23: Hammes Estates Development Agreement City Planner Wensman summarized the history and current status of the project. Wensman noted that the developer has agreed to install the tot lot as an HOA amenity to be installed at the developer’s expense and owned by the HOA. City Attorney Sonsalla read suggested changes to paragraph 22, “Park Dedication”. Chuck Alcon spoke on behalf of the developer and confirmed the commitment to installing the tot lot. LAKE ELMO CITY COUNCIL MINUTES AUGUST 16, 2016 Page 4 of 4 Councilmember Bloyer, seconded by Councilmember Smith, moved TO ADOPT RESOLUTION 2016-70 AS AMENDED TO INCLUDE THE LANGUAGE SUGGESTED BY THE CITY ATTORNEY. Motion passed 5 – 0. ITEM 24: RFP for Job Classification and Compensation Study City Adm inistrator Handt presented information and recommendations from the Human Resources Committee for a job classification and compensation study. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: City Clerk Johnson: Finance Director Bendel: City Attorney Sonsalla: Planning Director Wensman: City Engineer Griffin: Meeting adjourned at ----- pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk