Loading...
HomeMy WebLinkAbout12-15-15 City Council Packet 3 of 3x MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15, 2015 REGULAR ITEM # 21.a AGENDA ITEM: Boulder Ponds – Approve Security Reduction #1. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .........................................................................................City Staff - Report/Presentation………………………………………… .........................City Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Administration/Finance/Planning/Engineering. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $1,565,229 which remains over and above the estimate to completion for the remaining subdivision improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Boulder Ponds 1st Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The Boulder Ponds 1st Addition developer installed improvements have been substantially completed including the installation of sanitary sewer, watermain, storm sewer, residential streets, 5th Street, trails City Council Meeting [Regular Agenda Item X] December 15, 2015 -- page 2 -- and sidewalks, and partial landscaping consisting of over $2.7 million in construction costs. In accordance with Section 36 of the Boulder Ponds Development Contract, the progress for the improvements have been satisfied for the sanitary sewer and watermain but have not reached the threshold necessary to be edible for a security reduction at this time for the remaining improvements. Due to the end of the construction season the developer will not have an opportunity to reach the necessary thresholds until next spring. RECOMMENDATION: If the City Council adopts a revised security reduction policy to be presented by staff at the December 15, 2015 council meeting, and further directs staff to apply the revised policy to all active developments in the City, then staff is recommending that the City Council approve a reduction in the security amount for the Boulder Ponds 1st Addition. The recommended motion for the action is as follows: “Move to approve a reduction of the Letter of Credit for the Boulder Ponds 1st Addition from $3,610,726 down to $1,565,229.” ATTACHMENT(S): 1. Engineer’s Letter Recommending Security Reduction #1 for the Boulder Ponds 1st Addition.   3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org   December 11, 2015    Ms. Deb Ridgeway  The Excelsior Goup, LLC  1660 Highway 100 South, Suite 400  St. Louis Park, MN 55416    Re: Boulder Ponds   Security Reduction #1    Dear Ms. Ridgeway:  We have reviewed your request for a reduction in the security for Boulder Ponds.  In accordance with  Section 36 of the Boulder Ponds Development Contract, the progress for the improvements have been  satisfied for sanitary sewer and watermain but have not reached the threshold necessary to be edible  for a security reduction at this time for the remaining improvements.  However, should the City Council adopt a revised policy to be presented by staff at the December 15,  2015 council meeting, and direct staff to apply the revised policy to all active developments in the City,  then the security amount of $3,610,726 may be reduced to $1,565,229.   Should you have any questions or require additional information, please call me 651.300.4264.  Sincerely,    John (Jack) W. Griffin, P.E.  City Engineer    cc: Clark Shroeder, Interim City Administrator   Cathy Bendel, Finance Director   Stephen Wensman, City Planner  MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15, 2015 REGULAR ITEM # 21.b. AGENDA ITEM: Hunters Crossing 1st Addition – Approve Security Reduction #1. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .........................................................................................City Staff - Report/Presentation………………………………………… .........................City Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Administration/Finance/Planning/Engineering. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $894,649 which remains well over and above the estimate to completion for the remaining subdivision improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Hunters Crossing 1st Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: City Council Meeting [Regular Agenda Item X] December 15, 2015 -- page 2 -- The Hunters Crossing 1st Addition developer installed improvements have been substantially completed including the installation of sanitary sewer, watermain, storm sewer, streets and sidewalks consisting of over $1.3 million in construction costs. However, in accordance with Section 37 of the Hunters Crossing 1st Addition Development Contract, the progress for the improvements have not reached the threshold necessary to be eligible for a security reduction at this time. Due to the end of the construction season the developer will not have an opportunity to reach the necessary thresholds until next spring. RECOMMENDATION: If the City Council adopts a revised security reduction policy to be presented by staff at the December 15, 2015 council meeting, and further directs staff to apply the revised policy to all active developments in the City, then staff is recommending that the City Council approve a reduction in the security amount for the Hunters Crossing 1st Addition. The recommended motion for the action is as follows: “Move to approve a reduction of the Letter of Credit for the Hunters Crossing 1st Addition from $1,619,769 down to $894,649.” ATTACHMENT(S): 1. Engineer’s Letter Recommending Security Reduction #2 for the Hunters Crossing 1st Addition. 2. Developer's Letter Requesting Reduction of Security for the Hunters Crossing 1st Addition. Twin Cities 7599 Anagram Drive Eden Prairie, MN 55344 952-229-6000 Tel www.calatlantichomes.com December 3, 2015 Ryan Stempski, P.E. Focus Engineering, Inc. 3800 Laverne Ave. N. Lake Elmo, MN 55042 RE: Request for Letter of Credit Reduction – Hunters Crossing Dear Mr. Stempski: CalAtlantic Homes currently has two LOCs with the City of Lake Elmo. This letter is intended to be a summary of CalAtlantic’s requests to have both LOCs reduced according to the Development Contracts. A spreadsheet detailing the reductions is attached. Hunters Crossing 1st Addition LOC #IS0252285U for $1,619,768.00 This addition was substantially completed this past summer, final street improvements, pond filtration, and landscaping remain. Per the DA, section 37 A., CalAtlantic requests this LOC be reduced down to $869,335. Hunters Crossing 2nd Addition LOC #IS0305143U for $1,145,404.00 This addition was significantly completed this past summer, sidewalks, final street improvements, and landscaping remain. Per the DA, section 37 A., CalAtlantic requests this LOC be reduced down to $601,976. Please feel free to contact me with any questions at (952) 229-6034. Sincerely, CalAtlantic Group, Inc. Shawn Wenzel, P.E. Land Coordinator Enclosure: LOC Reduction Request Spreadsheet Cc: Mark Sonstegard, VP Land Development – CalAtlantic Homes Jack Griffin, City Engineer – Focus Engineering   3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org   December 11, 2015    Mr. Shawn Wenzel  CalAtlantic Group, Inc.  7699 Anagram Drive  Eden Prairie, MN 55344    Re: Hunters Crossing 1st Addition   Security Reduction #1    Dear Mr. Wenzel:  We have reviewed your request dated December 3, 2015 for a reduction in the security for the Hunters  Crossing 1st Addition.  In accordance with Section 37 of the Hunters Crossing 1st Addition Development  Contract, the progress for the improvements have not reached the threshold necessary to be edible for  a security reduction at this time.  However, should the City Council adopt a revised policy to be presented by staff at the December 15,  2015 council meeting, and direct staff to apply the revised policy to all active developments in the City,  then the security amount of $1,619,769 may be reduced to $894,649.   Should you have any questions or require additional information, please call me 651.300.4264.  Sincerely,    John (Jack) W. Griffin, P.E.  City Engineer    cc: Clark Shroeder, Interim City Administrator   Cathy Bendel, Finance Director   Stephen Wensman, City Planner  MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15, 2015 REGULAR ITEM # 21.c AGENDA ITEM: Wildflower at Lake Elmo – Approve Security Reduction #2. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .........................................................................................City Staff - Report/Presentation………………………………………… .........................City Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Administration/Finance/Planning/Engineering. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $2,310,740 which remains over and above the estimate to completion for the remaining subdivision improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Wildflower at Lake Elmo 1st Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: City Council Meeting [Regular Agenda Item 21.c] December 15, 2015 -- page 2 -- The developer has completed a substantial portion of the required development improvements for the Wildflower at Lake Elmo 1st Addition including the installation of sanitary sewer, installation of watermain, a substantial portion of storm sewer and about 35% of the required public street improvements consisting of over $2.5 million in construction costs. However, in accordance with Section 35 of the Wildflower at Lake Elmo 1st Addition Development Contract, the progress for the improvements have not reached the threshold necessary to be eligible for a security reduction at this time. Due to the end of the construction season the developer will not have an opportunity to reach the necessary thresholds until next spring. RECOMMENDATION: If the City Council adopts a revised security reduction policy to be presented by staff at the December 15, 2015 council meeting, and further directs staff to apply the revised policy to all active developments in the City, then staff is recommending that the City Council approve a reduction in the security amount for the Wildflower at Lake Elmo 1st Addition. The recommended motion for the action is as follows: “Move to approve a reduction of the Letter of Credit for the Wildflower at Lake Elmo 1st Addition from $3,440,831 down to $2,310,740.” ATTACHMENT(S): 1. Engineer’s Letter Recommending Security Reduction #2 for the Wildflower at Lake 1st Addition. 2. Developer's Letter Requesting Reduction of Security for the Wildflower at Lake 1st Addition.   3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org   December 11, 2015    Mr. Robert Engstrom  Robert Engstrom Companies  4801 West 81st Street, Suite 101  Minneapolis, MN 55437    Re: Wildflower at Lake Elmo 1st Addition   Security Reduction #2    Dear Mr. Engstrom:  We have reviewed your request dated December 10, 2015 for a reduction in the security for the  Wildflower at Lake Elmo 1st Addition.  In accordance with Section 35 of the Wildflower at Lake Elmo 1st  Addition Development Contract, the progress for the improvements have not reached the threshold  necessary to be edible for a security reduction at this time.  However, should the City Council adopt a revised policy to be presented by staff at the December 15,  2015 council meeting, and direct staff to apply the revised policy to all active developments in the City,  then the security amount of $3,440,831 may be reduced to $2,310,740.   Should you have any questions or require additional information, please call me 651.300.4264.  Sincerely,    John (Jack) W. Griffin, P.E.  City Engineer    cc: Clark Shroeder, Interim City Administrator   Cathy Bendel, Finance Director   Stephen Wensman, City Planner  12/11/2015 FOCUS Engineering, Inc. Mail ­ Wildflower at Lake Elmo LOC https://mail.google.com/mail/u/0/?ui=2&ik=885060bd59&view=pt&search=inbox&th=1518d4d7ad7b3dc7&siml=1518d4d7ad7b3dc7 1/2 Jack Griffin <jack.griffin@focusengineeringinc.com> Wildflower at Lake Elmo LOC 1 message Robert Engstrom <bob@engstromco.com>Thu, Dec 10, 2015 at 1:07 PM To: "John (Jack) Griffin, PE" <jack.griffin@focusengineeringinc.com> December 10, 2015     Jack Griffin Focus Engineering   Dear Jack, Robert Engstrom Companies is requesting the City of Lake Elmo to reduce the Letter of Credit for site improvements at Wildflower at Lake Elmo.  The reduction is based on the proposed reduction policy discussed in our meeting on December 9, 2015. I understand that this policy will be presented to the City Council on December 15, 2015. If approved, we are requesting the City Council take action on our request at the same meeting. Improvements completed are, sanitary sewer, water main and storm sewer. Improvements partially complete are, streets and trails. As agreed, attached is the latest pay request to assist in the calculation of the reduction.  If you have question, please contact me.   Kind Regards,   Bob Engstrom MAYOR & COUNCIL COMMUNICATION -- page 1 -- DATE: December 15, 2015 REGULAR ITEM # 21.d AGENDA ITEM: Hunters Crossing 2nd Addition – Approve Security Reduction #1. SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Stephen Wensman, City Planner Cathy Bendel, Finance Director SUGGESTED ORDER OF BUSINESS: - Introduction of Item .........................................................................................City Staff - Report/Presentation………………………………………… .........................City Staff - Questions from Council to Staff ............................................. Mayor Facilitates - Public Input, if Appropriate………………………………….Mayor Facilitates - Call for Motion ............................................................... Mayor & City Council - Discussion ....................................................................... Mayor & City Council - Action on Motion .................................................................... Mayor Facilitates POLICY RECOMMENDER: Administration/Finance/Planning/Engineering. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. With this reduction the remaining security amount held by the City will be $591,726 which remains well over and above the estimate to completion for the remaining subdivision improvements. SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving a reduction in the security amount for the Hunters Crossing 2nd Addition. LEGISLATIVE HISTORY/BACKGROUND INFORMATION: The Hunters Crossing 2nd Addition developer installed improvements have been substantially completed including the installation of sanitary sewer, watermain, storm sewer, residential streets, 5th Street (south City Council Meeting [Regular Agenda Item 21.d] December 15, 2015 -- page 2 -- half) and sidewalks consisting of over $900,000 in construction costs. However, in accordance with Section 36 of the Hunters Crossing 2nd Addition Development Contract, the progress for the improvements have not reached the threshold necessary to be eligible for a security reduction at this time. Due to the end of the construction season the developer will not have an opportunity to reach the necessary thresholds until next spring. RECOMMENDATION: If the City Council adopts a revised security reduction policy to be presented by staff at the December 15, 2015 council meeting, and further directs staff to apply the revised policy to all active developments in the City, then staff is recommending that the City Council approve a reduction in the security amount for the Hunters Crossing 2nd Addition. The recommended motion for the action is as follows: “Move to approve a reduction of the Letter of Credit for the Hunters Crossing 2nd Addition from $1,145,404 down to $591,726.” ATTACHMENT(S): 1. Engineer’s Letter Recommending Security Reduction #1 for the Hunters Crossing 2nd Addition. 2. Developer's Letter Requesting Reduction of Security for the Hunters Crossing 2nd Addition. Twin Cities 7599 Anagram Drive Eden Prairie, MN 55344 952-229-6000 Tel www.calatlantichomes.com December 3, 2015 Ryan Stempski, P.E. Focus Engineering, Inc. 3800 Laverne Ave. N. Lake Elmo, MN 55042 RE: Request for Letter of Credit Reduction – Hunters Crossing Dear Mr. Stempski: CalAtlantic Homes currently has two LOCs with the City of Lake Elmo. This letter is intended to be a summary of CalAtlantic’s requests to have both LOCs reduced according to the Development Contracts. A spreadsheet detailing the reductions is attached. Hunters Crossing 1st Addition LOC #IS0252285U for $1,619,768.00 This addition was substantially completed this past summer, final street improvements, pond filtration, and landscaping remain. Per the DA, section 37 A., CalAtlantic requests this LOC be reduced down to $869,335. Hunters Crossing 2nd Addition LOC #IS0305143U for $1,145,404.00 This addition was significantly completed this past summer, sidewalks, final street improvements, and landscaping remain. Per the DA, section 37 A., CalAtlantic requests this LOC be reduced down to $601,976. Please feel free to contact me with any questions at (952) 229-6034. Sincerely, CalAtlantic Group, Inc. Shawn Wenzel, P.E. Land Coordinator Enclosure: LOC Reduction Request Spreadsheet Cc: Mark Sonstegard, VP Land Development – CalAtlantic Homes Jack Griffin, City Engineer – Focus Engineering   3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org   December 11, 2015    Mr. Shawn Wenzel  CalAtlantic Group, Inc.  7699 Anagram Drive  Eden Prairie, MN 55344    Re: Hunters Crossing 2nd Addition   Security Reduction #1    Dear Mr. Wenzel:  We have reviewed your request dated December 3, 2015 for a reduction in the security for the Hunters  Crossing 2nd Addition.  In accordance with Section 36 of the Hunters Crossing 2nd Addition  Development Contract, the progress for the improvements have not reached the threshold necessary to  be eligible for a security reduction at this time.  However, should the City Council adopt a revised policy to be presented by staff at the December 15,  2015 council meeting, and direct staff to apply the revised policy to all active developments in the City,  then the security amount of $1,145,404 may be reduced to $591,726.   Should you have any questions or require additional information, please call me 651.300.4264.  Sincerely,    John (Jack) W. Griffin, P.E.  City Engineer    cc: Clark Shroeder, Interim City Administrator   Cathy Bendel, Finance Director   Stephen Wensman, City Planner  MAYOR AND COUNCIL COMMUNICATION DATE: 12/15/2015 REGULAR ITEM #: 22 MOTION AGENDA ITEM: Ordinance Amendments to Article IX of the Zoning Ordinance – Rural Districts as it pertains to Permitted, Conditional, and Interim Uses SUBMITTED BY: Stephen Wensman THROUGH: Clark Schroeder REVIEWED BY: Joan Ziertman Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates SUMMARY AND ACTION REQUESTED: The Planning Commission held a public hearing on November 23, 2015 to discuss and take testimony on possible changes to Article IX of the Zoning Ordinance – Rural Districts, as it pertains to the following permitted, conditional, and interim uses: secondary dwellings, cemetery, commercial kennel, commercial stable, golf courses, restricted recreation, and agricultural sales business uses in the rural districts. Staff has been asked to hold off on any further discussion or action related to cemeteries due to pending litigation. The Planning Commission recommends that the City Council take action to approve the ordinance text amendments to Article IX of the Zoning Ordinance – Rural Districts with the following motion: The Planning commission recommends the City Council accept the proposed amendment to Article IX of the Zoning Ordinance – Rural Districts and Article II-Definitions by approving the following motion: “Move to approve an ordinance amendment, amending Article IX of the Zoning Ordinance making secondary dwellings a permitted use in the Rural Residential District, removing commercial kennels as a conditional use in the RT -Rural Development Transitional District and RR -Rural Residential District, removing restricted recreation as conditional use in the Agriculture District, and amending Article II, striking, “or, within a detached structure”, from the definition of secondary dwelling.” BACKGROUND AND STAFF REPORT: On October 26, 2015 Kyle Klatt, the former Community Development Director, reviewed Zoning Ordinance Use Classifications generally with the Planning Commission and after which it was suggested that a public hearing be held to take public testimony and to specifically consider amending the following permitted, conditional and interim uses in the rural districts: secondary dwellings, cemetery, commercial kennel, commercial stable, golf courses, restricted recreation, and agricultural sales business uses. The Planning Commission held a public hearing on November 23, 2015 to discuss and take testimony on the uses with respect to their fit with: 1. The Purpose of the individual zoning districts; 2. The intent and purpose consistent with the Comprehensive Plan; 3. The likely impact of the uses on the individual rural zoning districts considering the typical lot sizes and densities of the neighborhoods; and 4. The site design and development standards. The public hearing comments were only in response to cemeteries which is not being considered at this time. The Planning Commission discussed the uses and recommended the following changes: Article IX, Section 154.401, Table 9-1 Permitted and Conditional Uses, Rural Districts RT A RR RS RE Residential District Uses Secondary dwelling - P P - - Commercial Kennel C C C - - Commercial Stable - C - - - Golf Course - C - - - Restricted Recreation - C - - - Agricultural Sales Business I I I - - ARTICLE II, Section 154.012, Subd. B1a. DEFINITIONS: Secondary Dwelling. A residential dwelling unit, but not a manufactured home, located on the same lot as a single family dwelling unit, either within the principal structure, above a detached garage, or within a detached structure. In addition to the above mentioned changes, the Planning Commission directed staff to research strengthening the standards for commercial kennels and stables and to come back with a draft ordinance amendment in the future. RECOMMENDATION: The Planning commission recommends the City Council accept the proposed amendment to Article IX of the Zoning Ordinance – Rural Districts and Article II-Definitions by approving the following motion: “Move to approve an ordinance amendment, amending Article IX of the Zoning Ordinance making secondary dwellings a permitted use in the Rural Residential District, removing commercial kennels as a conditional use in the RT -Rural Development Transitional District and RR -Rural Residential District, removing restricted recreation as conditional use in the Agriculture District, and amending Article II, striking, “or, within a detached structure”, from the definition of secondary dwelling.” ATTACHMENT(S): • Planning Commission Staff Report dated 10/12/15. • Planning Commission Staff Report dated 11/23/15. • Planning Commission Minutes dated 10/12/15. • Planning Commission Minutes dated 11/23/15. • Article IX of the Lake Elmo Code of Ordinances. • Article II of the Lake Elmo Code of Ordinances. Lake Elmo Planning Commission Minutes; 10-12-15 City of Lake Elmo Planning Commission Meeting Minutes of October 12, 2015 Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Dodson, Dorschner, Fields, Haggard, Larson, Williams, Griffin and Kreimer COMMISSIONERS ABSENT: None STAFF PRESENT: Community Development Director Klatt and Interim Administrator Schroeder Approve Agenda: The agenda was accepted as presented. Approve Minutes: September 28, 2015 M/S/P: Williams/Dorschner, move to approve minutes as presented, Vote: 7-0, motion carried unanimously. Zoning Ordinance Use Classification Review Klatt started the discussion by stating that the City Council wanted to review the Cemetery use, and it was a good time to take a comprehensive look at all uses. Staff is recommending that the Planning Commission look at the Cemetery use and that it not be an allowed or conditional use in AG or RR. Staff is recommending that the Cemetery use only be allowed as a conditional use in the Public Facility zone. Klatt stated that he hoped the Commission had time to review the chart and will bring forward items for discussion. Klatt explained the differences between allowed, conditional and interim uses. Kreimer asked about the discretion of approving CUP’s. Klatt stated that it is somewhat difficult to deny those uses. There was a general discussion of CUP’s. Williams asked why Public Facility and mixed use along I94 were not in the chart. Klatt responded that mixed use along I94 is handled via a PUD overlay and the Public Facility has not been revised yet and is in a different table. 2 Lake Elmo Planning Commission Minutes; 10-12-15 Haggard would like to see the changes from 2013 taken back out until such time as the public has a chance to weigh back in. Klatt stated that it would be difficult to notice people as it potentially affects every property in the City. Williams asked if it might be a good idea to deal with the cemetery issue and then possibly schedule a workshop. M/S/P: Dorschner/Griffin: move to recommend that a public hearing be scheduled to eliminate the cemetery use in AG and RR zones. Vote: 7-0, motion carried unanimously. Williams is against the motion as presented. He thinks that the definition can be changed and cemeteries could be allowed in a limited way. Fields agreed and asked if it could be changed to be conditional. Klatt stated that if it is made conditional, it is subject to Council approval. M/S/P: Williams/Dodson: move to make a friendly amendment to change the definition of cemetery to read “ Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, and mausoleums not over 8 feet in height”. He would also like the use category to be revised to conditional in AG and RR. Vote: 7-0, motion carried unanimously, after amendment. Yvette Oldendorff, 5418 Lake Elmo Ave, There is no public demand for a local cemetery. They circulated a petition and 147 people signed who feel that a cemetery is a poor use of property. Also, on another note, should there be any of these commercial uses such as commercial Kennels and commercial stables in a residential district? Saxe Roberts, there is no demand for cemeteries. Cremations are on the rise. There is 60% more land for cemeteries than is needed. They are already allowed in the public facility zone. Dodson withdrew his second to Williams friendly amendment. Haggard decided to second the friendly amendment. Williams stated that there is already a provision in the code to allow it in public facility, so he doesn’t feel it needs to be in AG & RR. M/S/P: Williams/Dodson: motion to amend his amendment to just change the definition of cemetery and leave the original motion to remove the use from AG and RR would stand. Vote: 7-0, motion carried unanimously. M/S/P: Dorschner/Dodson: motion to amend the amendment to strike “not to exceed 8 feet in height”. Vote: 7-0, motion carried unanimously. 3 Lake Elmo Planning Commission Minutes; 10-12-15 The complete action taken, including amendments, was to recommend that a public hearing be scheduled to remove cemetery as an allowed use from AG & RR and to change the definition to: “Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, and mausoleums”. The Commission continued discussion regarding the use chart. Dodson asked about the manufactured home park use in MDR. The Commission had some discussion regarding this. There was some discussion regarding secondary dwellings and if those are located in the most reasonable zones. M/S/P: Dorschner/Williams: move to make secondary dwelling an allowed use in RT, AG, RR, RS, RE, LDR, MDR, HDR & VMX, Vote: 6-1, motion carried with Haggard voting no. Reason given was that she is not clear on the definition and the discussion of attached vs detached was not fully finalized. Schroeder stated that with this being the last meeting with Klatt and that the Commission might want to consider a deeper discussion once the new staff is on board. M/S/P: Dorschner/Fields: motion to table this discussion until such time as new staff is available. Vote: 4-3, motion failed. Fields asked if there were any other areas that might be of urgency. Larson feels that the public assembly and religious institutions should be dealt with. M/S/P: Dodson/Haggard: motion to remove public assembly as a use from the Business Park Zoning. Vote: 7-0, motion carried unanimously Williams and Haggard would like to go through and highlight areas that others are concerned with so that they can all be thinking about them. Williams would like to look at agricultural sales, garden center and Building supply sales. He thinks commercial vehicle repair should be allowed somewhere. Wondering why adult establishment is allowed in Business Park. Williams thinks the drive through item should be looked at further. Motor Freight and Warehousing seems similar to commercial vehicle repair. Research and testing is only allowed in Business Park and he feels it should be allowed in other business. OP-alt was removed from the comp plan and should also be removed from the zoning code. Klatt stated that we currently don’t have an industrial zone for more intense uses, and that might be something we might want to look at as we re-do the comp plan. Williams thought we might want to consider an industrial park. 4 Lake Elmo Planning Commission Minutes; 10-12-15 Haggard would like to look at group home as a use. Klatt stated that this is something regulated by state law and it has to be allowed anywhere we allow single family homes. Klatt stated that we may also need to add that use to the other residential zones as well. Haggard is concerned about any commercial type uses in the AG & RR zones. She is not sure why a golf course would be allowed in LDR. Kreimer would like to look at funeral homes in MDR. He is not sure they belong there. Would like to discuss the greenhouses non-retail in RR and what it is we are allowing with solar equipment which is permitted across the board. Williams brought up changes for the definitions section. The Commission discussed those possible changes. Comprehensive Plan Update Discussion Klatt started his discussion with a map south of 10th street showing the current land use map of what went into the comprehensive plan. This map has changed a little bit as the alignment of 5th street has changed. 5th street was going to be the dividing line between low density and more intense densities. It has been discussed to possibly eliminate the high density housing and possibly add a business park in that spot. It was also discussed to possibly change some of the medium density to either low density or expanding the commercial. Klatt presented an analysis of what these changes would be in regards to numbers. This would make the City very close to what the Met Council is looking for. Klatt is looking for feedback from the Met Council and also from the general public as this will impact property owners. Klatt stated that he is focusing on I94 because of the moratorium. The Bus Rapid Transit line will also have an impact. There are certain standards for what needs to develop around the transit stations. Klatt discussed what the opportunities are for development in the rural areas. It is limited by the amount of land that is available. The Commission should start thinking about what they want that area to look like, what types of developments we want to allow and what size of lots should be allowed to subdivide. Kreimer pointed out that this does not take into consideration what might happen with Tartan Park. If it was developed into residential units, that would be a significant amount. Council Updates – September 15, 2015 Meeting 1. Kleis Minor Subdivision – Passed with an additional condition that the assessments will need to be paid in full. 5 Lake Elmo Planning Commission Minutes; 10-12-15 2. Halcyon Cemetery – Denied. Staff Updates Schroeder gave an update regarding staffing. There has been a new building inspector hired and a new truck will be purchased or leased. The City Planner and Community Development jobs will be filled and there will be one admin position upgraded and another admin position will be hired. Tartan Park has been sold, but the purchaser has not been made public knowledge yet. They will bring that back once it is known. 1. Upcoming Meetings a. October 26, 2015 b. November 9, 2015 Commission Concerns Williams stated that the Planning Commission members received a letter from the Bradley family asking to be removed from the moratorium restrictions. This property is actually in phase III. Schroeder stated that they would actually have to come forward and petition the City to be removed from the moratorium restrictions, so no action has been taken. Dorschner thanked Kyle for his service and is concerned that we will not have a City Planner or Community Development Director. Klatt stated that as part of the transition Ben Gozola will be working on projects and the City has asked him to be at the City as much as he can. Dodson also thanked Kyle for his service and professionalism with the Planning Commission. Klatt stated that he has enjoyed working with the present and past Planning Commissions and appreciates all the hard work that people put into the volunteer position. Meeting adjourned at 10:30 pm Respectfully submitted, Joan Ziertman Planning Program Assistant MAYOR AND COUNCIL COMMUNICATION DATE: 12/15/15 REGULAR ITEM #: 23 MOTION AGENDA ITEM: Village Mixed Use Zoning discussion SUBMITTED BY: Justin Bloyer THROUGH: Clark Schroeder REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT: NONE BACKGROUND AND STAFF REPORT: Council Member Bloyer has requested that the VMX ordinance be reviewed and discussed. RECOMMENDATION: Staff have no recommendation ATTACHMENT(S): VMX ordinance no. 08-091 Lake Elmo STILLWATER BLVD N30TH ST N 33RD ST N 32ND ST NLAKE ELMO AVE NLAVERNE AVE NUPPER 33RD S T N LAYTON AVE NLAMPERT AVE N31ST ST NLANGLY CT N 34TH ST N LAYTON CT NLAVERNE CT N35TH ST N LAKE ELMO AVE N32ND ST N Proposed VMX District Boundary Watershed Districts Browns Creek Valley Branch General E Legend Lakes Lake Elmo Boundary Shoreland District Boundary Data Disclaimer: This map is not a boundary survey and is not intended to be used as such. The City of Lake Elmo assumes no liability for the completeness of this map or responsibility for any associated direct, indirect, or consequential damages that may result from its use or misuse. Map Updated May 2013 Map created by the Lake Elmo PlanningDepartment - May 2013 South Washington Village Area VMX Zoning Area MAYOR AND COUNCIL COMMUNICATION DATE: 12/15/15 REGULAR ITEM #: 25 MOTION AGENDA ITEM: Agenda Order- Council Reports SUBMITTED BY: Clark Schroeder THROUGH: Clark Schroeder REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT NO POLICY STATEMENT SUMMARY AND ACTION REQUESTED: … Staff recommends the City Council… take the following action / with the following motion: Move to place Council Reports at the end of the agenda BACKGROUND AND STAFF REPORT: In conversation between the Bureau of Mediation Services (BMS) and the Interim City Administrator we are recommending to move Council Reports to the end of the agenda. In addition, council reports should be brief listing of meetings attended while representing the city as a Council Member without editorializing or comments. RECOMMENDATION: Interim City Administrator recommends: “Move to place Council Reports at the end of the agenda” MAYOR AND COUNCIL COMMUNICATION DATE: 12/15/2015 REGULAR ITEM #: 27 MOTION AGENDA ITEM: Draft Agreement for Library Services SUBMITTED BY: Mayor Pearson THROUGH: Julie Johnson, City Clerk REVIEWED BY: Mayor Pearson SUGGESTED ORDER OF BUSINESS: - Introduction of Item ................................................................................................. Mayor - Report/Presentation ................................................................................................. Mayor - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT (IF APPLICABLE: Lake Elmo seeks to reestablish library services via the Washington county library system, commencing no later than 1/1/17. To that end, Lake Elmo would defer 2017 library levy decisions and collections to Washington County. BACKGROUND: Lake Elmo understands that any agreement will involve several discussions, with several parties, over several months. Some critical discussion points: • It is Lake Elmo's expectation that library services would be provided uninterrupted, at Lake Elmo's existing library facility, located at 3537 Lake Elmo Ave. • Lake Elmo understands that the county uses a data driven process to establish services and hours of operation at each of its facilities. We'd expect the same process to be used for the Lake Elmo Avenue facility, however the county will supplement it's own data with Lake Elmo data. • As in any successful agreement between distinct parties, commitments are to be made. Lake Elmo commits to a 10 year release of its library levy, while the county commits to a 5 year commitment of a Lake Elmo library facility. • The Lake Elmo facility maintenance costs and all reasonable facility improvement costs, shall be reimbursed to Lake Elmo by Washington County or covered directly by Washington County.   3800 Laverne Avenue North • Lake Elmo • Minnesota 55042 Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org   December 11, 2015    Mr. Shawn Wenzel  CalAtlantic Group, Inc.  7699 Anagram Drive  Eden Prairie, MN 55344    Re: Hunters Crossing 2nd Addition   Security Reduction #1    Dear Mr. Wenzel:  We have reviewed your request dated December 3, 2015 for a reduction in the security for the Hunters  Crossing 2nd Addition.  In accordance with Section 36 of the Hunters Crossing 2nd Addition  Development Contract, the progress for the improvements have not reached the threshold necessary to  be edible for a security reduction at this time.  However, should the City Council adopt a revised policy to be presented by staff at the December 15,  2015 council meeting, and direct staff to apply the revised policy to all active developments in the City,  then the security amount of $1,145,404 may be reduced to $591,726.   Should you have any questions or require additional information, please call me 651.300.4264.  Sincerely,    John (Jack) W. Griffin, P.E.  City Engineer    cc: Clark Shroeder, Interim City Administrator   Cathy Bendel, Finance Director   Stephen Wensman, City Planner  • Lake Elmo has a long history of volunteerism and while we recognize data privacy concerns must be provided for, maintaining those volunteer opportunities are paramount to any collaborative agreement. RECOMMENDATION: “Move that the Lake Elmo city council directs this draft agreement be sent to the Lake Elmo Library Board in order that the board will offer the Council input that aligns with the LELB's mission statement:"the mission of the LELB is to enhance access to library services, information and resources for Lake Elmo residents” The council expects this motion to come before it again at its 1/19/2016 meeting.