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Home My WebLink About06-20-17 CCMCITY OF LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 CALL TO ORDER/PLEDGE OF ALLEGIANCE Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Councilmembers Justin Bloyer, Julie Fliflet, Jill Lundgren and Christine Nelson Staff present: Administrator Handt, City Clerk Johnson, City Attorney Sonsalla, Finance Director Swanson, City Engineer Griffin, Planning Director Wensman, City Planner Becker, Fire Chief Malmquist and Sergeant Osterman. APPROVAL OF AGENDA Item 8, “Approve 2017 Staff Wage Increases” and Item 9, “Approve Integrated Pest Management Plan” were moved to the end of the Regular Agenda. Councilmember Lundgren, seconded by Councilmember Fliflet, moved TO APPROVE THE AGENDA AS AMENDED. Motion passed 5 – 0. ACCEPT MINUTES Minutes of the June 6, 2017 Regular Meeting were accepted as presented. PUBLIC COMMENTS/INQUIRIES Pat Dean, 8028 Hill Trail N., commented on his June 5, 2017 memo the Council requesting consideration of City zoning related to Air BNB. PRESENTATIONS None CONSENT AGENDA 2. Approve Payment of Disbursements 3. Accept May 2017 Assessor’s Report 4. Accept May 2017 Building Department Report 5. Accept May 2017 Fire Department Report 6. Accept May 2017 Public Works Department Report 7. Approve Public Works Hires 10. Inwood Water Tower (No. 4) – Approve Pay Request No. 10 11. I-94 Lift Station and Sanitary Sewer Improvements – Approve Change Order No. 1 12. Approve Hazardous Building Resolution LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 2 of 7 13. Approve Ordinance 08-177 Amending the City’s Provisions Related to the Keeping of Chickens Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENT AGENDA AS AMENDED. Motion passed 5 - 0. ITEM 14: Planning Commission Appointment City Administrator Handt noted that Tucker Pearce has withdrawn his name from consideration. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPOINT STUART JOHNSON THE PLANNING COMMISSION AS A SECOND ALTERNATE. Motion passed 5 – 0. ITEM 15: Summer Sewer Rates Finance Director Swanson presented a request for approval of an Ordinance amending the fee schedule to establish a base sewer charge for residential customers who are not on the 201 system. Swanson reviewed the current billing structure and proposed billing structure, comparing both to rates at surrounding communities. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO ADOPT ORDINANCE 08-179 AMENDING THE 2017 FEE SCHEDULE. Motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO ADOPT RESOLUTION 2017-064 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-179. Motion passed 5 – 0. ITEM 16: 9359 Jane Road N., Shoreland Variance City Planner Becker presented the request for a variance to allow expansion of a non-conforming structure. Becker reviewed the site plan, details of the variance request and DNR recommendations. Recommended findings were discussed. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-062, APPROVING REQUESTS FOR SHORELAND VARIANCES FROM THE MINIMUM STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER LEVEL MAXIMUM IMPERVIOUS SURFACE STANDARDS, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF AND THE PLANNING COMMISSION, STRIKING CONDITIONS 2 AND 3 ON PAGE 3 OF THE RESOLUTION. Motion failed 2 – 3. (Pearson, Fliflet, Lundgren – nay) Councilmembers Fliflet and Lundgren stated they would not support the motion with the rain garden and septic drainfield conditions stricken. Mayor Pearson, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-062, APPROVING REQUESTS FOR SHORELAND VARIANCES FROM THE LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 3 of 7 MINIMUM STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER LEVEL MAXIMUM IMPERVIOUS SURFACE STANDARDS, SUBJECT TO CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF AND THE PLANNING COMMISSION, STRIKING CONDITION 3 ON PAGE 3 OF THE RESOLUTION. Motion passed 3 – 2. (Bloyer, Nelson – nay) ITEM 17: Lakewood Crossing 2nd Addition Preliminary and Final Plat and PUD Plans City Planner Becker presented the proposal for Lakewood Crossing 2nd Addition preliminary and final plat and PUD plans. The site and proposed improvements were reviewed along with the proposed PUD flexibilities. Discussion was held concerning fencing in outdoor dining areas and extension of city sewer lines to the adjacent undeveloped property. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-063 APPROVING THE LAKEWOOD CROSSING 2ND ADDITION PRELIMINARY AND FINAL PLAT AND PUD PLANS WITH THE 23 CONDITIONS OF APPROVAL AS DRAFTED BY STAFF AND THE PLANNING COMMISSION BASED ON THE FINDINGS OF FACT LISTED IN THE STAFF REPORT. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO STRIKE “THE LANDSCAPE PLAN SHALL INCLUDE ADDITONAL LANDSCAPING ALONG KEATS AVE. N. TO WB I-94 RAMP” FROM CONDITION #9. Motion passed 3 – 1 – 1. (Fliflet – nay; Lundgren – present/not voting) Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ALLOW NON AMBULATORY MEDICAL CARE FACILITIES IN CONDITION 21. Motion passed 4 – 1. (Fliflet – nay) Mayor Pearson, seconded by Councilmember Nelson, MOVED TO AMEND THE PRIMARY MOTION TO REVISE CONDITION 23 TO STATE “FENCING SHALL BE PROVIDED ENCLOSING ALL OUTDOOR DINING AREAS ADJACENT TO DRIVING LANES. Motion passed 5 – 0. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO STRIKE CONDITION #12 REGARDING THE EXTENSION OF SEWER AND WATER. Motion withdrawn. Primary motion passed 4 – 1. (Fliflet – nay) Councilmember Fliflet stated she would prefer a different look for the development versus a typical strip mall look. ITEM 18: Fence Ordinance City Planner Becker presented the background and Planning Commission recommendations regarding solid wall fences. LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 4 of 7 Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-178, AMENDING SECTION 154.205: FENCING REGULATIONS OF THE CITY’S ZONING CODE. Motion passed 4 – 1. (Fliflet – nay) Councilmember Fliflet stated she did not support the motion as the change is not aesthetically pleasing. Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2017-064 AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-178. Motion passed 5 – 0. ITEM 19: Inwood 5th Addition Development Agreement Amendment City Administrator Handt noted that the proposed amendment removes the items directed by Council at the previous meeting. Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT RESOLUTION 2017-067 APPROVING THE 1ST AMENDMENT TO THE DEVELOPERS AGREEMENT FOR INWOOD 5TH ADDITION PLANNED UNIT DEVELOPMENT. Motion passed 3 – 2. (Fliflet, Lundgren – nay) Councilmember Fliflet stated she would not support the motion due to the removal of the requirement for a trail on 10th Street. ITEM 20: Janero Avenue North Street Improvement City Engineer Griffin presented a petition received from homeowners on Janero Avenue North requesting street improvements and the transfer of the street from private to public. Griffin reviewed current conditions and proposed improvements and requested direction from the Council. Discussion was held and consensus reached that the City would take over ownership of the road if the property owners bring the road up to current City standards. Councilmember Bloyer, seconded by Councilmember Fliflet, moved TO ACCEPT THE PETITON. Motion passed 5 – 0. ITEM 21: Assistant City Administrator Administrator Handt reviewed the proposal for the additional of a staff member in the Administration Department and proposed job duties. Job descriptions for the Clerk and Deputy Clerk were also reviewed. Mayor Pearson, seconded by Councilmember Lundgren, moved TO APPROVE THE ASSISTANT ADMINISTRATOR, CLERK AND DEPUTY CLERK JOB DESCRIPTIONS AND AUTHORIZE ADVERTISING FOR AN ASSISTANT ADMINISTRATOR. Motion passed 4 – 1. (Fliflet - nay) LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 5 of 7 ITEM 22: Remaining Parks 2017 CIP Items – 50th Street Trail and Pebble Park Administrator Handt reviewed Parks Commission recommendations for items to not be completed this year. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO SUPPORT THE PARKS COMMISSION RECOMMENDATION TO NOT COMPLETE PEBBLE PARK IMPROVMENTS IN 2017. Mayor Pearson, seconded by Councilmember Bloyer, moved TO AMEND THE PRIMARY MOTION TO ADD THE REMOVAL OF THE 50TH STREET TRAIL FROM COMPLETION IN 2017. Motion passed 3 – 2. (Fliflet, Lundgren - nay) Primary motion passed 3 – 2. (Fliflet, Lundgren – nay) Councilmember Fliflet expressed concern for safety on 50th Street. ITEM 23: Paperless Council Packet Policy Administrator Handt presented a proposal for transitioning to paperless Council meeting packets and a reimbursement policy for Councilmembers to purchase electronic devices to use for viewing meeting packets. Mayor Pearson, seconded by Councilmember Fliflet, moved TO ADOPT RESOLUTION 2017-065 APPROVING PAPERLESS PACKETS FOR COUNCIL MEETINGS AND REIMBURSEMENT TO THE MAYOR AND COUNCIL MEMBERS FOR THE PURCHASE OF COMPUTER AND COMPUTER RELATED EQUIPMENT. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO STRIKE THE $1,000 PER TERM REIMBURSEMENT. Motion failed 1 – 4. (Pearson, Fliflet, Lundgren, Nelson – nay) Primary motion passed 2 – 3. (Bloyer, Fliflet, Lundgren – nay) ITEM 8: Approve 2017 Staff Wage Increases Councilmembers requested clarification on the Fire Chief’s pay increase. Discussion held concerning the methodology for wage increases. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE 2017 STAFF WAGE INCREASES AS PRESENTED. Motion passed 5 – 0. Reconsideration of ITEM 23: Paperless Council Packet Policy Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2017-065 WITH REIMBURSEMENT OF UP TO $1,000 FOR ALL TERMS IN OFFICE. Motion passed 3 – 2. (Fliflet, Lundgren – nay) LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 6 of 7 ITEM 9: Approve Integrated Pest Management Plan Discussion was held concerning the proposed plan. Planning Director Wensman stated that the purpose of the policy is to protect pollinators and developers are asking for clarification of the City’s current policy. Councilmembers indicated they would like to discuss the policy further at a future meeting or workshop. Councilmember Fliflet, seconded by Councilmember Lundgren, moved TO APPROVE THE CITY OF LAKE ELMO INTEGRATED PEST MANAGEMENT PLAN. Motion passed 5 – 0. COUNCIL REPORTS Mayor Pearson: Announced that the Washington County Commissioners voted unanimously to accept the Lake Elmo Library back into the county system and thanked those involved. Announced that the 4th of July kids parade will be held as in past years. Met with Lake Elmo Avenue residents regarding construction and traffic concerns. Met with Lake Elmo Baseball. Thanked resident Al Bever for his service on the Public Safety Committee. Councilmember Nelson: Attended Friends of Sunfish Lake Park meeting and the LMC Annual Conference. Councilmember Lundgren: No report Councilmember Bloyer: Commented on an incident that occurred on Lake Jane and commended first responders and a resident for saving two lives. Councilmember Fliflet: No report STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Reminded residents of the Ice Cream Social at Lions Park on Saturday, June 24th. City Clerk Johnson: No report City Attorney Sonsalla: Attended and spoke at the LMC Conference. Planning Director Wensman: Announced Inwood 5th Addition construction has started and several other developments will follow soon. Announced Royal Golf Club grading and tree removal has started. Commented on MAC citizen engagement process. City Engineer Griffin: Working on construction activity and plan review. Announced a public open house on June 27th, 4:00 – 7:00 p.m. for immediate neighbors in the Old Village next phase area. Sergeant Osterman: Encouraged drivers to obey signs in construction areas and noted there has been increased enforcement activity. Meeting adjourned at 11:10 pm. LAKE ELMO CITY COUNCIL MINUTES JUNE 20, 2017 Page 7 of 7 LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Julie Johnson, City Clerk