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Home My WebLink About02-07-18 CCMCITY OF LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2018 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, Jill Lundgren and Christine Nelson. ABSENT: Councilmember Julie Fliflet Staff present: Administrator Handt, City Attorney Sonsalla, City Engineer Griffin, Planning Director Becker, Fire Chief Malmquist, Assistant Administrator Foster and City Clerk Johnson. APPROVAL OF AGENDA Item 6, "Approve Chicken Ordinance," Item 4, "Approve Drug Testing and Drug Free Workplace Policies," and Item 5, "Approve Service Agreements with Industrial Health Services Network" were moved to the Regular Agenda. Councilmember Lundgren, seconded by Councilmember Bloyer moved TO APPROVE THE AGENDA ASAMENDED. Motion passed 4 — 0. ACCEPT MINUTES Minutes of the January 16, 2018 Regular Meeting were accepted as presented. None None CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll 3. Approve Extension of Comcast Cable Franchise Agreement A Approve Drag Testing and drag Free Wer4plaee D..1;..;v.. 5. Appreve SeFviee Agreements with M"strial Health Sef�4ees Network (IHST4) 7. Approve Consultant for Brookfield Building Fit Test/Analysis 8. Approve Old Village Ph3 Street & Utility Improvements — Change Order No. 4. 9. Approve Old Village Ph3 Street & Utility Improvements — Pay Request No. 6. 10. Approve Private Development Security Reductions — Easton Village 2nd & Easton Village 3rd. 11. Approve 5th Street North — Resolution Authorizing MnDOT to Perform Speed Zone Study 12. Approve Non Profit Donation Policy LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2018 Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO APPROVE THE CONSENTAGENDA AS PRESENTED. Motion passed 4 - 0. ITEM 13: Wyndham Village Subdivision Sketch Plan Review & Comprehensive Plan Amendment Planning Director Becker stated that the developer is requesting an extension of time to allow for further revisions to the plan. Joe Bush, J.P. Bush Homes, stated that he has been working to address Council and staff concerns and requested an extension to April 18, 2018. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO TABLE TO THE APRIL 17TH MEETING OR EARLIER IF THE DEVELOPER AGREES. Motion passed 4 — 0. ITEM 14: Legacy at North Star Preliminary Plat and PUD Plans Planning Director Becker reviewed the proposal for preliminary plat and PUD approval and reviewed recommended conditions. Joe Chavez, 3505 Kelvin Avenue N., spoke in support of the development and commented on potential trespassing onto his property from the trail in the Hamlet neighborhood. Craig Allen, GWSA Land Development, commented on the proposed buffer, noting that it would be difficult to achieve a 50 foot buffer on the north border of the development. Discussion was also held concerning fencing around the ponds and acquiring right of way to the south of the proposed development. Mayor Pearson, seconded by Councilmember Bloyer, moved TO TABLE TO A FUTURE MEETING. Motion passed 4 — 0. ITEM 15: Short Term Rental Ordinance Amendment Planning Director Becker presented the proposed ordinance revisions to allow for short term home rentals in certain zoning districts. Pat Dean, 8028 Hill Trail, asked that the Council consider allowing short term rentals throughout the City, lengthen the length of stay restriction and lower the proposed fee. Councilmember Bloyer, seconded by Mayor Pearson, moved TO ADOPT ORDINANCE 08- 197 AMENDING THE ALLOWED USE OF BED AND BREAKFASTS WITHIN THE CITY. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2018 Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION TO ADD RURAL RESIDENTIAL AND RURAL ESTATES AS AREAS ALLOWED. Motion passed 3 —1. (Lundgren — nay) Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARYMOTIONBYSTRIKING THE NOTICE REQUIREMENT I1V SECTION 6 A.I.d. Motion passed 3 —1. (Lundgren — nay) Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARYMOTION BYSTRMING THE LANGUAGE I7V SECTION 7DEFI7VING AN OWNER OCCUPIED RESIDENCE. Motion passed 3 —1. (Lundgren — nay) Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARYMOTIONBYSTRI"NG SECTION 6.A.2. Motion passed 4 —0. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARYMOTIONBYSTRIKINGSECTION 6..A.3. Mayor Pearson moved TO AMEND THE MOTIONBYADDING A 3 DAYADVERTISED MINIMUMAND 30 DAYMAXIMUM STAY. Amendment failed —no second. Motion passed 3 —1. (Lundgren — nay) Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARYMOTIONBYLIMITING GUEST STAYS TO UP TO 30 DAYS. Motion passed 3 —1. (Lundgren —nay) Primary motion as amended passed 3 —1. (Lundgren — nay) Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT ORDINANCE 08- 200 AMENDING THE CITY'S FEE SCHEDULE TO INCLUDE A BED AND BREAKFAST PERMIT FEE. Motion passed 3 — 0 —1. (Lundgren — abstain) Mayor Pearson, seconded by Councilmember Bloyer, moved TO ADOPT RESOLUTION 2018-014 AUTHORIZING SUMMARYPUBLICATION OF ORDINANCE O8-I97AND ORDINANCE 08-200. Motion passed 4 — 0. ITEM 16: Fairfield Inn Final PUD and CUP Planning Director Becker reviewed the application for construction of a 90 unit Fairfield Inn hotel in the Eagle Point Business Park. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO ADOPT RESOL UTION 2 018-008 APPROVING THE REQUEST BY CENTRAL DESIGN GROUP, LLC FOR APPROVAL OF FINAL PLANNED UNIT DEVELOPMENT PLANS ASSOCL4TED WITH A 90 UNIT HOTEL TO BE LOCATED ON LOT 1, BLOCK 1, HOA Page 3 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2018 2A�D ADDITION, SUBJECT TO THE CONDITIONS OFAPPROVAL AS RECOMMENDED BYSTAFF. Motion passed 4 — 0. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO ADOPT RESOL UTION 2018-009 APPROVING THE REQUEST BY CENTRAL DESIGN GROUP, LLC FOR APPROVAL OFA CONDITIONAL USE PERMITASSOCiATED WITHA 90 UNIT HOTEL TO BE LOCATED ONLOT 1, BLOCK 1, HOA 2ND ADDITION, SUBJECT TO THE APPROVAL OF FINAL PLANNED UNIT DEVELOPMENT PLANS. Motion passed 4 — 0. ITEM 17: Solar Ordinance Planning Director Becker presented the proposed ordinance amending the City's zoning code related to solar energy systems and solar farms. Councilmember Nelson, seconded by Mayor Pearson, moved TO ADOPT ORDINANCE 08- 198 APPROVING AMENDMENTS TO THE SOLAR ORDINANCE. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO AMEND THE PRIMARY MOTION BY STRIKING LANGUAGE 1NSECTION 2.2 REQUIRING SIGNAGE. Mayor Pearson, seconded by Councilmember Lundgren, moved TO AMEND THE MOTIONBYSTRIKING SECTION 2.2 AND REPLACING WITHA REQUIREMENT FOR AT LEAST ONE SIGNIN CONSULTATION WITHPUBLIC SAFETY OFFICL4LS. Amendment failed 2 —2. (Bloyer, Nelson —nay) Motion to amend failed 2 —2. (Lundgren, Nelson — nay) Primary motion passed 4 — 0. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO ADOPT RESOULTION 2018-010 AUTHORIZING SUMMAR Y PUBLICA TION OF ORDINANCE 08-198. Motion passed 4 — 0. ITEM 18: Windnower Ordinance Planning Director Becker reviewed the proposed ordinance amendments to update the wind generator ordinance. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO ADOPT ORDINANCE 08-199 APPROVING PROPOSED AMENDMENTS TO THE CITY'S WIND GENERATOR REGULATIONS. Motion passed 4 — 0. Councilmember Lundgren, seconded by Councilmember Nelson, moved TO ADOPT RESOLUTION 2018-011 AUTHORIZING SUMMARYPUBLICATIONOF ORDINANCE 08-199. Motion passed 4 — 0. Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2018 Mayor Pearson, seconded by Councilmember Bloyer, moved TO RECONSIDER THE SOLAR ORDINANCE. Motion passed 4 — 0. Mayor Pearson, seconded by Councilmember Lundgren, moved TO STRIKE PARAGRAPH 10, SECTION 2 RELATED TO RESTRICTIONS ONSOLAR ENERGYSYSTEMS Motion passed 3 —1. (Bloyer — nay) ITEM 19: CSAH15/CSAH14 Realignment —Resolution Approving Cooperative Agreements Councilmember Lundgren, seconded by Councilmember Nelson, moved TO APPROVE RESOLUTION 2018-012 APPROVING COOPERATIVE AGREEMENT 11400, COOPERATIVE AGREEMENT 11522, AND COOPERATIVE MAINTENANCE AGREEMENT 11523 FOR THE CSAH15 AND CSAH14 REALIGNMENT IMPROVEMENT,& Motion passed 4 — 0. ITEM 20: Finance Director — Job Description and Posting Assistant Administrator Foster provided an overview of the proposed Finance Director job description and posting. Councilmember Bloyer, seconded by Councilmember Nelson, moved TO APPROVE THE JOB DESCRIPTION AND AUTHORIZE ADVERTISING FOR FINANCE DIRECTOR. Motion passed 4 — 0. ITEM 21: Personnel Policy Amendment for Substitute Firefighters Fire Chief Malmquist reviewed the proposed policy amendment to allow Paid on Call Firefighters to fill part time shifts. Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO AMEND THE PERSONNEL POLICY TO CREATE THE SUBSTITUTE FIREFIGHTER EMPLOYMENT CATEGORY UNDER THE DEFINITIONS SECTION. Motion passed 4 — 0. ITEM 4: Approve Drug Testing and Drug Free Workplace Policies Councilmember Bloyer, seconded by Councilmember Lundgren, moved TO TABLE ITEM 4. Motion passed 4 — 0. ITEM 5: Approve Service Agreements with Industrial Health Services Network Councilmember Lundgren, seconded by Councilmember Bloyer, moved TO TABLE ITEM 5. Motion passed 4 — 0. Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 7, 2018 ITEM 6: Approve Chicken Ordinance Councilmember Bloyer, seconded by Councilmember Nelson, moved TO TABLE ITEM 6. Motion passed 3 - 1. (Lundgren — nay) COUNCIL REPORTS Mayor Pearson: Attended the library grand re -opening, holding a visit with the Mayor on Friday, February 9 h, attended the staff and volunteer appreciation party, thanked Wally Nelson for his service on the Finance Committee and reminded residents of the 2018 Kindness Campaign. Councilmember Nelson: Thanked Wally Nelson for his service and announced grand opening of the Sally Manzara Nature Center is tentatively scheduled for June 2°d Councilmember Lundgren: Announced a planning meeting for the farmers market will be held in March at the library. Councilmember Bloyer: Thanked Wally Nelson for his service to the City, thanked Mr. Stoudt for use of his facility for the staff and volunteer appreciation party. STAFF REPORTS AND ANNOUNCEMENTS Administrator Handt: Reported on water issues that could impact the City, welcomed the public to an open house on February 15a` for feedback on the space needs study. City Attorney Sonsalla: Will be attending the city attorney conference. Planning Director Becker: Reported that a comp plan advisory committee meeting will be held at the end of the month. City Engineer Griffin: Held a neighborhood meeting for input on the Old Village Phase 4 project. Reported that the Inwood water tower is operational. Fire Chief Malmquist: Reported on the Safe Haven program, hydrant shoveling and joint training with the Oakdale Fire Department. Meeting adjourned at 9:56 pm. ATTEST: ( V Jul : J hnson, ity Jerk LAKE ELMO CITY COUNCIL Mike Pearson, Mayor Page 6 of 6