12-03-2013 CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 03, 2013 Page 8 of 9 MOTION: Mayor Pearson moved TO DIRECT PLANNING COMMISSION TO HOLD PUBLIC HEARING FOR FREDRICH PROPERTY TO REVERT BACK TO RAD DESIGNATION. Council Member Reeves seconded the motion. The Fredrich parcel was not part of MOU. Not planned or likely to receive sewer. Council Member Reeves feels that this is similar to spot zoning. Times have changed and he thinks that best decision now is to revert that property back to RAD. Council Member Bloyer agrees that was spot zoning. He wants to review records. Council Member Nelson’s opinion is that it was also a case of spot zoning. Mr. Bloyer concerned about taking something away because of previous bad decision. Mayor Pearson believes city put the cart before the horse. He was on the commission at the time. Mr. Bloyer wants the Planning Commission to focus on planning the next 5-10 years and not spend too much time on this item. The term “moratorium” and its implications were discussed. The Council consensus was opposed to using the term. MOTION PASSED 4-0. MOTION: Council Member Bloyer moved TO ADOPT ORDINANCE NO. 08-097, ADOPTING A MORATORIUM ON RAD-ALT DEVELOPMENT FOR A PERIOD OF NINE MONTHS. Council Member Nelson seconded the motion. MOTION FAILED 0-4 ITEM 13: 2014 PLAN OF WORK MOTION: Council Member Bloyer moved TO POSTPONE 2014 PLAN OF WORK TO NEXT COUNCIL MEETING. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 14: DIEDRICH-RIEDER EASEMENT VACATION City Administrator Zuleger explained the background of the item. Easements were obtained and recorded with Washington County. Road moved at the request of developer and new easements were secured. City was asked to vacate the original easements to allow maximum development. City is in process of securing the easement purchase funds from the land owners. a. PUBLIC UTILITY EASEMENT AND AGREEMENT PUBLIC HEARING; RES. NO. 2013-106A MOTION: Council Member Bloyer moved TO OPEN THE PUBLIC HEARING. Council Member Reeves seconded the motion. MOTION PASSED 4-0. Public Hearing opened at 11:14pm Mayor Pearson called for public comment three times. No public input. It was noted that the landowner wants to negotiate a portion. Mr. Zuleger stated the City’s position is to get back 100%. MOTION: Council Member Bloyer moved TO CLOSE THE PUBLIC HEARING. Council Member Nelson seconded the motion. MOTION PASSED 4-0. Public Hearing closed at 11:14pm MOTION: Mayor Pearson moved TO APPROVE RESOLUTION NO. 2013-106A, A RESOLUTION VACATING A PERMANENT PUBLIC UTILITY EASEMENT AND AGREEMENT, CONTINGENT UPON THE CITY OF LAKE ELMO RECEIVING THE REPAYMENT OF EASEMENT PURCHASE FUNDS. Council Member Nelson seconded the motion. MOTION PASSED 4-0. b. TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT PUBLIC HEARING; RES. NO 2013-106B MOTION: Council Member Nelson moved TO OPEN THE PUBLIC HEARING. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. Public Hearing opened at 11:16pm