08-20-2013 CCM - Laserfiche WebLink

Home Browse Search

LAKE ELMO CITY COUNCIL MINUTES August 20, 2013 Page 3 of 6 Council Member Nelson asked about the medians. After two years, will be handled by the City, unless an HOA has assumed the role because they want higher level of landscaping. Mr. Nelson asked about entrances to neighborhoods where there is no HOA. It would depend on what agreements City entered into. If Right of Way is involved, it would most likely be City’s responsibility. The developer agreements would specify the responsibility. City Attorney Snyder explained that absent an HOA, it is usually the individual homeowner. The recommended approach is to require the development to have an HOA/neighborhood association. Mr. Nelson asked about the security deposit. It was explained that the release of some security funds can occur as inspections pass. Mr. Nelson asked if City needs to draft a policy to establish benchmarks for release. City Administrator Zuleger explained that partial funds are released at various points throughout the process. Mr. Nelson wants developers to be treated fairly. City Engineer Griffin explained that the securities are provided for specific items. Completion milestones provide the reduction amounts. Natural events and acts of God were discussed. Mr. Johnson said that the Planning Commission discussed this issue as well. Damage caused by natural events are not subject to the warranty requirement. Council Member Reeves asked about the capacity for review. Mr. Johnson stated that the Planners would not feel comfortable with determining technical analysis of plants. That would go to a technical expert. Planning would simply verify code compliance. The review process was further discussed. MOTION: Mayor Pearson moved TO APPROVE ORDINANCE 08-087, ESTABLISHING NEW LANDSCAPE REQUIREMENTS IN THE LAKE ELMO ZONING CODE. Council Member Reeves seconded the motion. Mayor Pearson stated he does not want to release funds prematurely as has happened in past. He does not believe that there can be a same across the board standard, even though equity is important. Mr. Nelson does not like the ambiguity. He wants to make sure the system is fair. Mr. Zuleger assured that the City has never been fairer than it is now. In the past, City released funds too early, and taxpayers were left on the hook. Mr. Nelson does not want a biased arborist not allowing a developer plant what he or she wants even though he meets the minimum ordinances. Mayor Pearson appreciated Mr. Nelson’s concerns and the long term impact. He acknowledged that future staff may not apply the same way as current staff; however he noted that we have been possibly too lax in past and now need regulation. Mr. Nelson has issue with requiring a builder to pay for landscape architect B’s approval of landscape architect A’s work. Mr. Reeves recommends that the City use an independent unbiased person to review in order to be consistent. Mr. Bloyer is more comfortable with the financial security requirement upon learning about the developer agreement explanation. MOTION PASSED 4-0. Council Member Nelson noted that the reason he asks so many questions, is that he wants what is passed to be well thought out and for everyone to be comfortable with the long term impact. He