LAKE ELMO CITY COUNCIL MINUTES

may 5, 2015

CITY OF LAKE ELMO

CITY COUNCIL MINUTES

may 5, 2015

Mayor Pearson called the meeting to order at 7:00 pm.

PRESENT: Mayor Mike Pearson and Council Members Fliflet, Smith, Bloyer and Lundgren

Staff present: Finance Director Bendel, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, Fire Chief Malmquist, City Administrator Zuleger, and Deputy Clerk Gumatz.

Pledge of Alligence

APPROVAL OF AGENDA

MOTION: Council Member Bloyer moved to approve the may 5, 2015 City Council Agenda as amended. Mayor Pearson seconded the motion.

Council Member Lundgren pulled Item 3 for discussion.

Motion passed 5-0.

MINUTES

The Council discussed changes to the submitted minutes.

THE APRIL 7, 2015 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS.

THE APRIL 14, 2015 SPECIAL CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS.

COUNCIL REPORTS:

Mayor Pearson: meetings with staff, sat in on Finance Committee meeting, met with Ginny Holder from Cable Commission regarding Comcast merger.

Council Member Smith: requested to hold her report to end of meeting.

Council Member Fliflet: finance committee meeting regarding downtown street assessments, meetings with staff and citizens, had a meeting with Fire Chief and City Administrator regarding street naming.

Council Member Bloyer: attended Finance Committee meeting, spoke with residents regarding downtown 30th St. issues, commended Lake Jane residents for contributing to fund milfoil treatment, thanked Washington County and DNR for grant to deal with milfoil issue.

Council Member Lundgren: farmers market meeting, location will be in Hagstrom’s courtyard, 6 to 7 core members working on farmers market, Adam working on water cooler, spoke with attorney regarding council driven workshop, would like to have environmental work group going in city.

PUBLIC COMMENTS/INQUIRIES

Nate Deprey, Lake Elmo Librarian – Library has expanded its hours on Monday and Wednesday. Now open Monday through Thursday, 10am-8pm. As of May 1, residents no longer need to be reimbursed by the city for a Washington County Library Card. Mr. Deprey also outlined some upcoming programs at the LEPL.

PRESENTATIONS

Lake Elmo Jaycees – presented two donations. One donation to the City and one donation to the Fire Department to purchase two defibrillators.

Stillwater Area School District Bond 2015 – Dennis Bloom, Director of Operations for Stillwater Area Public Schools, gave a presentation regarding Stillwater Area Public Schools bond request.

There was discussion about whether or not the new elementary school would be able to house all the students that may come to Lake Elmo with all the new development. Mr. Bloom stated that their plan allocates for population growth for about the next 10 years.

First Quarter 2015 Financial Snapshot Report – Finance Director Bendel gave a presentation on the First Quarter 2015 Financials. Actual revenues for the first quarter were 23% below budget. Actual expenditures for the first quarter were 12% below budget. Finance Director Bendel also recapped the Library budget, Streets budget, and the Enterprise Fund.

PROCLAMATION

Mayor Pearson read the PowerUp* and PowerUp 4Kids Week Proclamation.

FINANCE CONSENT AGENDA

2. Approve Payment of Disbursements and Payroll

2. 

MOTION: Council Member Bloyer moved to approve the Finance consent Agenda. Mayor Pearson seconded the motion. Motion passed 5-0.

OTHER CONSENT AGENDA

3. Zoning Text Amendment – Freestanding Freeway Signs (Rihm Kenworth); Ordinance 08-119, Resolution No. 2015-29 (4/5 vote required) pulled for discussion
4. Downtown Street, Drainage and Utility Improvements – Resolution Restricting Parking along Laverne Avenue and Upper 33rd Street North; Resolution No. 2015-30

MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Bloyer seconded the motion. MOTION PASSED 5-0.

ITEM 3: ZONING TEXT AMENDMENT – FREESTANDING FREEWAY SIGNS (RIHM KENWORTH); ORDINANCE 08-119, RESOLUTION NO. 2015-29 (4/5 VOTE REQUIRED).

Council Member Lundgren asked why the applicant didn’t apply for a Variance. Community Development Director Klatt responded that the applicant felt their request could apply for all properties along I-94 and not just their property and, they are asking that the city go back to the way the code was before the 2013 sign code update. The previous code did allow for larger signs along the I-94 corridor.

There was discussion regarding the gateway corridor coming through this area as well as discussion of the lighting of signs.

Community Development Director Klatt outlined the Planning Commission’s reasoning and their recommendation.

MOTION: Council Member Bloyer moved TO ADOPT ORDINANCE 08-119, AMENDING THE SIGN ORDINANCE TO ALLOW FREEWAY SIGNS ONLY FOR COMMERCIAL PROPERTIES WITHIN CLOSE PROXIMITY TO I-94. Mayor Pearson seconded the motion.

There was further discussion regarding design standards of signs.

Community Development Director Klatt explained the difference for businesses located on the freeway in regards to speed limit and distance from the road.

Council Member Smith moved the Previous Question (4/5 VOTE REQUIRED). MOTION FAILED 3-2 (PEARSON/BLOYER – NAY).

Community Development Director Klatt reiterated that because this is an applicant driven request, Council needs to be clear on findings made whether they approve or deny the application. There was further discussion on what findings Council is making.

ORIGINAL MOTION FAILED 2-3 (FLIFLET/SMITH/LUNDGREN – NAY).

Community Development Director Klatt was instructed to bring back a resolution with findings of fact at a future meeting.

REGULAR AGENDA

ITEM 5: HUNTERS CROSSING 2ND ADDITION FINAL PLAT; RESOLUTION NO. 2015-31, RESOLUTION NO. 2015-32.

Community Development Director Klatt gave a presentation regarding the Hunters Crossing 2nd Addition Final Plat. He noted that Phase 1 final plat has been previously approved. The second phase includes 8.75 acres and 29 single family lots. It was noted that this subdivision is consistent with the preliminary plat. Mr. Klatt also explained that Resolution No. 2015-32 is needed in order to set a public hearing date to consider the vacation of road, drainage and utility easements within the Hunters Crossing plat. Mr. Klatt also went over the 9 conditions of approval as recommended by staff.

There was discussion about there being a Laverne Avenue in this plat, even though it dead ends elsewhere in the city. Community Development Director Klatt explained that the first phase of this development has already been recorded with the county with that street name, and there are also two model homes being built in the development that have addresses assigned. He also explained that having streets that don’t follow through like this is not unusual.

MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2015-31, APPROVING THE FINAL PLAT FOR HUNTERS CROSSING 2ND ADDITION INCLUDING 9 CONDITIONS. Mayor Pearson seconded the motion.

There was further discussion regarding changing the Laverne Avenue street name.

MOTION TO AMEND: Council Member Fliflet moved to amend TO DIRECT THAT LAVERNE AVENUE NORTH BE RENAMED TO SOMETHING ELSE UNLESS THERE’S SOME SORT OF LEGAL REASON WE CAN’T FOR 1ST AND 2ND ADDITION. Council Member Lundgren seconded the motion.

There was more discussion regarding street names.

MOTION TO AMEND WAS WITHDRAWN.

ORIGINAL MOTION PASSED 5-0.

MOTION: Council Member Fliflet moved THAT IF THE STREET DEAD ENDS, SO DOES THE NAME. Council Member Lundgren seconded the motion.

There was additional discussion regarding street names and what other cities do.

Jim Ogren, 11790 Little Bluestem Court, stated that he doesn’t understand why this item has not been put on the agenda. He thinks that many residents would want to weigh in.

Dave Moore, 8680 Stillwater Boulevard, spoke out how the country was originally laid out in a grid system. He also stated that street names stay the same throughout the entire county.

MOTION PASSED 3-2 (PEARSON/BLOYER – NAY).

MOTION: Council Member Bloyer moved TO APPROVE RESOLUTION NO. 2015-32, A RESOLUTION CALLING FOR A PUBLIC HEARING TO VACATE A PUBLIC ROADWAY AND DRAINAGE AND UTILITY EASEMENTS. Council Member Smith seconded the motion. MOTION PASSED 5-0.

ITEM 6: HUNTERS CROSSING 2ND ADDITION DEVELOPERS AGREEMENT; RESOLUTION NO. 2015-33.

Community Development Director Klatt stated that this agreement follows the model that has been used for other developments in the city. The overall project will include road and utility improvements. The total cost for the improvements is estimated to be $1.6 million.

There were general questions from Council regarding the developer agreement.

MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2015-33, APPROVING THE DEVELOPERS AGREEMENT FOR HUNTERS CROSSING 2ND ADDITION. Mayor Pearson seconded the motion. MOTION PASSED 5-0.

ITEM 7: VILLAGE PRESERVE FINAL PLAT; RESOLUTION NO. 2015-34.

Community Development Director Klatt presented the Village Preserve Final Plat, which has been submitted by Gonyea. This is the first phase of a 91 unit residential subdivision, which is slightly lower than the preliminary plat. Phase 1 is comprised of 25.64 acres and 46 single family lots. All lots would be accessed from Lake Elmo Avenue. Mr. Klatt also outlined the 11 conditions of approval as recommended by staff.

Council Member Lundgren asked about the developer agreement and why it is not also being brought to council at this time. Community Development Director Klatt stated that there are still some issues being worked out. At this time, staff is comfortable moving the plat forward without the developer agreement. Having the developer agreement executed is one of the 11 conditions of approval before the plat can be recorded.

Council Member Fliflet asked if we have 42nd Street elsewhere in the city. It was indicated that there is another 42nd Street in the city. There was discussion about what to rename a numbered street.

MOTION: Council Member Lundgren moved TO ADOPT RESOLUTION NO. 2015-34, APPROVING THE FINAL PLAT FOR THE FIRST PHASE OF THE VILLAGE PRESERVE RESIDENTIAL SUBDIVISION WITH 11 CONDITIONS OF APPROVAL AND CHANGING THE NAME OF 42ND STREET. Council Member Fliflet seconded the motion. MOTION PASSED 5-0.

There was discussion regarding the street names of this plat.

ITEM 8: APPROVE SALE OF AERIAL FIRE TRUCK.

Fire Chief Malmquist discussed the sale of the aerial fire truck. The Pound, WI fire department has put in an offer. They have come to look at the truck and put down a deposit.

MOTION: Council Member Bloyer moved TO APPROVE THE ACCEPTANCE OF THE OFFER TO PURCHASE THE CITY OF LAKE ELMO USED LADDER FIRE TRUCK BY THE POUND FIRE DEPARTMENT IN THE AMOUNT OF $12,500.00, WITH THE NET PROCEEDS OF $11,250.00 TO BE USED FOR ADDITIONAL BUILD OUT ENHANCEMENTS TO THE NEW FIRE TRUCK. Council Member Lundgren seconded the motion. MOTION PASSED 5-0.

ITEM 9: APPROVE HIRING OF TAXPAYER RELATIONS COORDINATOR.

City Administrator Zuleger explained the Taxpayer Relations Coordinator position. Mr. Zuleger stated that these duties are currently being split between the City Clerk, Deputy Clerk, and himself.

Council Member Fliflet asked if hiring and firing authority rested with the Council or Administrator. Attorney Snyder stated that lower level employees are hired and fired by the Administrator subject to advice and consent of the Council.

There was further discussion about the job duties of this position and why it is needed.

Dale Dorschner, 3150 Lake Elmo Avenue, stated that he does not agree with the council’s decision. He wants council to support employees and let the administrator do his job.

Council’s direction was to hold off on hiring this position.

NO FORMAL ACTION REQUESTED.

ITEM 10: APPROVE HIRING OF RECEPTIONIST.

As with the Taxpayer Relations Coordinator, council’s direction was to hold off on hiring this position.

NO FORMAL ACTION REQUESTED.

Mayor Pearson noted that there will be no more Mayor’s corner in The Source.

ITEM 11: GROWTH MANAGEMENT STRATEGY PREVIEW.

Council Member Fliflet talked about her reasoning for putting this item on the agenda.

Community Development Director Klatt gave a presentation regarding Grown Management Strategies. Mr. Klatt outlined 3 Growth Management Recommendations: 1) Adhere to Phasing Plan as adopted in the Comprehensive Plan, 2) Draft a “Phasing Plan Policy” document to clarify the city’s intent concerning the implementation of this plan, and 3) Begin the process for drafting an interim Comprehensive Plan Amendment for I-94 and rural development areas.

Mr. Klatt also discussed the upcoming 2018 Comprehensive Plan Amendment. There was further discussion regarding the upcoming Comp Plan Amendment.

NO FORMAL ACTION REQUESTED.

STAFF REPORTS AND ANNOUNCEMENTS

Council Member Smith: met with Jack about possible booster station location. Read letter from Richard Smith.

City Administrator Zuleger: worked with Nick, Kyle and Cathy on tax split with Boulder Ponds and Bremer Bank, 5 year financing plan with Washington County for downtown, working with Park Commission on Sanctuary Park, improvements in Pebble Park and their master plan for Tablyn Park this year, worked with MnDEED on paperwork for $3.5 million bonding money, team building with staff.

Deputy Clerk Gumatz: noted that ISD 834 Special Election is next Tuesday, May 12. Voting takes place at City Hall.

Finance Director Bendel: finance committee meeting last week, audit wrap up, 2015 bonding preparation.

City Attorney Snyder: noted Council Driven Workshop coming up in a few weeks.

Community Development Director Klatt: Washington County Parks Department holding an open house to talk about amendment to the park plan.

Mayor Pearson adjourned meeting at 11:22 pm.

LAKE ELMO CITY COUNCIL

ATTEST:

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Mike Pearson, Mayor

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Julie Johnson, City Clerk

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