HomeMy WebLinkAbout09-04-2012 CCM LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 4, 2012
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CITY OF LAKE ELMO
CITY COUNCIL MINUTES
SEPTEMBER 4, 2012
Mayor Johnston called the meeting to order at 7:00 P.M.
PRESENT: Mayor Johnston, Council Members Emmons, Smith, Pearson and Park Also Present: City Administrator Zuleger, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Planning Director Klatt and City Clerk Thone. MAYOR JOHNSTON provided an overview of public comments and business order.
APPROVAL OF AGENDA Council Member Pearson requested to add Item 10 involving Traffic Enforcement to the agenda. Council Member Emmons requested to move Item 3 from Consent Agenda to Regular Agenda.
MOTION: Council Member Pearson moved to approve the September 4, 2012 City Council Agenda as
Amended. Council Member Smith seconded the motion. Motion passed 5-0.
ACCEPTED MINUTES
City Administrator Zuleger explained that Item 12(b) from the August 21, 2012 meeting
involving the Keats Avenue Street Improvements in fact did not pass per the statutory 4/5
vote requirement. Mr. Zuleger reported that it is the Administration’s recommendation that the Council re-hear and reconsider the item.
The council acknowledged the amendments made to the minutes, and Council Member Emmons also specifically requested two additional amendments to the minutes.
ITEM 1: THE AUGUST 21, 2012 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY
CONSENSUS OF THE CITY COUNCIL.
PUBLIC COMMENTS/INQUIRIES:
Karen Johnston of Friends of the Library reported the interim library is now closed and the new Lake Elmo Library is now open. She reported many positive happenings and progress the library made during the time at the interim location. She thanked all involved in the success of both the interim library and the hard work put forth to open the new library.
PRESENTATIONS:
A) YOUTH SERVICES BUREAU MARY PLANTEN-KRELL provided a presentation on the services the Youth Service Bureau has to offer the community of Lake Elmo and surrounding communities. The services cover awareness programs, chemical health programs, and diversion programs that aim to head off larger problems that could occur without some type of intervention
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for local youths and families. She explained municipal funding is an important aspect of the program and the YSB has requested the support in the amount of $3000 from the City of Lake Elmo. B) PROCLAIM WEEK OF SEPTEMBER 17 TO 23, 2012 CONSTITUTION WEEK Council Member Pearson read the proclamation proclaiming the week of September 17 through September 23, 2012 as Constitution Week.
CONSENT AGENDA
2. Approve Payment of Disbursements and Payroll in the Amount of $71,068.54. 3. Approve Updated 2012 Fee Schedule 4. Affirm Hiring of Building Official Rick Chase 5. 2012 Rain Garden Project - Award Contract 6. Authorization for John Shiltz to Dispense Beer and Wine Coolers at the Lake Elmo Days Community Event on September 7 and 8, 2012
MOTION: Council Member Pearson moved to approve the Consent Agenda 2,4,5,6 as presented.
Council Member Park seconded the motion. MOTION PASSED 5-0.
*Council Member Smith acknowledged that the Council is excited to welcome the New Building Official Rick Chase.
ITEM 3: FEE SCHEDULE
Council Member Emmons inquired about sewer fees and clarification on the updated fee schedule. City Clerk Thone clarified that the update was a routine housekeeping matter and there will be annual review of the fees for 2013.
MOTION: Council Member Emmons moved to approve Consent Agenda 3 as presented. Council
Member Pearson seconded the motion. MOTION PASSED 5-0.
ITEM 7: ORDINANCE 2012-61 APPROVING ZONING TEXT AMENDMENT – SHORELAND
STANDARDS Planning Director Klatt explained the zoning text amendment related to the shoreline standards calling for slightly larger shoreland boat house requirements, which the Planning Commission approved. The proposed requirement would meet the state requirement. Mr. Klatt informed the council that the applicant, who is seeking the amendment, desires to build a structure under the proposed requirements. The applicant also requested that the setback requirements also be amended to conform to State standards. The Commission did not take action on the setback question, as it was not publically noticed in time for the last meeting.
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Mayor Johnston cautioned whether the public was aware of the City Code allowance of boathouses. He questioned whether the public would have concerns with the additional structures on the shorelands. Council Member Emmons expressed his appreciation for staff’s work on this.
MOTION: Council Member Pearson moved to approve ORDINANCE 2012-61 APPROVING ZONING
TEXT AMENDMENT – SHORELAND STANDARDS. Council Member Smith seconded the motion.
MOTION PASSED PASS 5-0. THIS DECISION/APPROVAL DOES REQUIRE A FOUR-FIFTHS SUPER
MAJORITY VOTE PER STATE STATUTE 429.031.
ITEM 8: MALMQUIST RAD-2 CONCEPT PLAN EXTENSION: 9424 STILLWATER BOULEVARD City Administrator Zuleger explained that the city passed a resolution to allow for an open space development. The project and current zoning were previously approved. The Council has already granted at least one extension since the approval. The staff recommends the additional extension to continue to work on the zoning for the project, work with MnDOT and their recommendations, especially noting traffic concerns, and what the impact of this development would be. MnDot is asking that the developer submit a preliminary plat before they officially comment on the project. Mayor Johnston suggested public comments be held until after the council speaks on the project. Council Member Smith asked that public comments be limited to the issue of extension. She expressed her support for the project, citing the need for senior housing in the city limits. Council Member Pearson expressed his continuing concern regarding Jamaca Court’s inclusion in the project and expressed his hesitancy in supporting the project with the inclusion of Jamaca Court. Council Member Park supported the project and the extension. Council Member Emmons expressed concerns about the traffic on Highway 5 and ensuring safe access to and from the area. Mr. Emmons also expressed that some residents had expressed concerns about the height of the project. Mayor Johnston stated he would not support any project with traffic going through Jamaca Court or increased density zoning. He expressed concerns with the lengthy process and stress it may have on the residents and staff. He stated he would support the project with the following three conditions: 1) No traffic thru Jamaca Court; 2) a preliminary plat plan in six months; and 3) an approved traffic management plan from MnDOT in 6 months. Council Member Smith agreed that Jamaca Court should not be included but stated this is simply an extension, not an approval. She made her position clear that she believes it is a good project, but the debate should be limited to the extension and not attaching additional conditions to the plan at this time. She supports granting the extension and fixing the highway 5 safety issues, and discussing them accordingly.
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Council Member Park inquired whether this was a 1-year extension. Planning Director Klatt stated it was, but the length was flexible. City Administrator Zuleger clarified for council the preliminary plat is required before MnDOT will address the traffic issue. Because Jamaca Court is not a state road it will not be addressed. Discussion was had about the MnDOT process and the traffic engineering process. Council Member Smith stated her preference of a year extension due to the length of time needed to complete many of the required processes. Tammy Malmquist, 20 year small business owner in Lake Elmo, expressed her commitment to the community’s children and seniors, and the development project is to provide a farm school and senior housing for the community. Council Member Park inquired if the 6 months would be adequate time to accomplish everything that needs to be completed to bring back a completed plan. Ms. Malmquist was hesitant to commit to having everything accomplished in only 6 months. Council Member Park suggested a one-year period for bringing back the preliminary plat only. Council Member Emmons expressed concern over the length of the project to date. Ms. Malmquist responded she feels the project has gained much support from developers and they are ready to move forward. Mayor Johnston raised concerns about single point access of the project property. Mayor Johnston inquired whether the developer would be ready to go in 6 months. The developer responded it would take 2-3 months from the preliminary plat submission, but agreed the timeline of 6 months in providing the preliminary plat to council was feasible. He also reminded the Council that the preliminary process is financially significant. Council Member Smith expressed her concerns with the significant time involved between just the preliminary and final plat process. Ms. Smith also pointed out that she has no personal interest in this project with regard to her profession as a real estate agent. City Attorney Snyder explained the process of approving the concept plan is simple but the preliminary plat is more complex and there are specific statutory (max is 120 days) requirements for the application process. He cautioned setting limits on the review period.
Public Comments: Ed Neilson, 9498 Stillwater Blvd North, commented that he did not support an extension of the project deadline. He presented a private ‘survey’ of people who do not support the project or the extension of the deadline. He also alleged that the support for the project has declined due to trust issues. John Yarusso, 8282 27th Street North, commented he supports the project, and it is his belief that there is a need in the community for this type of project.
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Judy Boyle, 3415 Jamaca Avenue, expressed her support for the extension, and it is her belief that there is a need in the community for senior housing. Sharon Benardy, 8253 27th Street North, expressed her support of the extension and the project and the need for senior housing in the community. Larry Weiss, 9302 Stillwater Blvd, expressed he does not support the extension nor the project and expressed his frustration over the lengthy process and the lack of action on the project. Mr. Weiss also is concerned with the constant changes and extensions that keep occurring. He expressed concerns over how this will affect the property values. Rita Conlin, 8560 Ironwood Trail, expressed her support for the extension and the project, and stated in her experience on the council and planning commission all valuable projects begin as a concept and this is part of the process. She warned that if the Council were to deny the extension, it could be viewed as selective treatment. She encouraged the council to support moving forward with the project and approving the extension. Brittany O’Keefe, 8308 Stillwater Blvd, expressed her support for the project and the need for the family based atmosphere of the project for children and seniors both. Pat Wyant, 8772 Ironwood Trail North, expressed her support for the extension of this project and it is her belief that there is a need in the community for senior housing. Allen Cooperschmidt, 2769 Legion Avenue North, expressed his support for the extension. Council Member Smith expressed empathy for the surrounding property owners who do not support the project. She hopes they would eventually see it as positive.
MOTION: Council Member Smith made a motion to approve the MALMQUIST RAD-2 CONCEPT PLAN
EXTENSION: 9424 STILLWATER BOULEVARD for a 6-month period to submit the preliminary
plat. Council Member Park seconded the motion. Council Member Emmons raised concerns about extending the timelines on such projects and expressed concerns on the future densities/zoning of this project. Council Member Pearson expressed council has conveyed the items that are important to them and noted the applicant would be wise to take heed and bring back a project considering the concerns presented such as the Highway 5 access to ensure when the project is brought forward, the expectations are clear and well defined.
MOTION: Mayor Johnson moved to amend original motion to include no traffic on Jamaca Court.
Council Member Pearson seconded the motion. Council Member Emmons inquired whether there is a secondary access to the property excluding Jamaca Court and his concern for full access for the property. He asked City Counsel if removing Jamaca Court as a second full access option would hinder the City’s stance on requiring a second full access in the future. City Attorney Snyder responded that it would not. Mr. Snyder also cautioned
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council from adding too many conditions to the extension. Council Member Park expressed her support for the extension w/o the exclusion. Pearson and Johnston and Smith expressed their support for the extension with the exclusion.
Vote to Amend Motion; vote passed 4-1, Emmons Nay.
MOTION: Council Member Smith made a motion to approve the amended MALMQUIST RAD-2
CONCEPT PLAN EXTENSION: 9424 STILLWATER BOULEVARD for a 6-month period to submit the
preliminary plat that must exclude traffic on Jamaca Court. Council Member Park seconded the
motion. Motion passed 4-1. Emmons, nay
ITEM 9: CITY OF LAKE ELMO STAFF RETREAT (Discussion Item Only) City Administrator Zuleger explained the upcoming staff retreat and the positive additions to staff. There was a discussion about the dynamic of the meeting with regards to having council members present versus absent.
ITEM 10: CITY OF LAKE ELMO TRAFFIC MANAGEMENT CONCERNS: Mayor Johnston spoke about his concerns over the increased traffic speed and volume throughout the City. He raised for discussion the possibility of adding a traffic control enforcement officer for a period of time, and if positive results are observed, the Council could add a line item to the 2013 budget to continue the enforcement. City Administrator Zuleger added the traffic concerns are well known and documented. He informed the Council that it would cost the city for an officer at 20 hours a week would cost $6800 monthly for the drive time periods of morning and evening commuting time. Mr. Zuleger also stated that unfortunately the City’s ticket revenue share is only about $20 per ticket. Mayor Johnston explained that in the past, the City received a half-share of the fine, but now only recovers $20 of the fee due to state budget issues. A proposal of a one month trial was discussed as well as the importance of measuring the success of the program. Council Members Smith and Pearson voiced their support for the trial.
MOTION: Council Member Emmons made a motion to spend an amount not to exceed $7,500 for one
month for an officer to focus on speed enforcement. Mayor Johnston seconded the motion. Motion
passed 5-0. Olivia Moris updated the council on the opening of the new Lake Elmo Public Library and its progress to date. Approximately 90 library cards have been issued to residents. The collection currently stands at approximately 3,500 volumes. Ms. Moris stated her intention to share the Library Management Plan with the Council. The next Library Board meeting is September 12, 2012.
SUMMARY REPORTS AND ANNOUNCEMENTS
Mayor Johnston – no report.
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Council Member Emmons reported meeting with staff and some consultants on theming of the Village area. Council Member Smith reported her continuing concerns regarding Highway 5 traffic. She also reminded the public about Lake Elmo Days. Council Member Pearson reported he attended the Village theme meeting with Council Member Emmons and City Administrator Zuleger. He also attended a Truck Committee meeting with Mr. Zuleger. Council Member Park – no report. City Administrator Zuleger gave an update on the ongoing truck discussions. He also reported the new light post brackets/planters have arrived for the village/downtown area. He again welcomed the two new employees, Alyssa MacLeod and Rick Chase. Mr. Zuleger reported the recent issues with code enforcement, his recent meeting with Washington County Sheriff’s Department, and several developer meetings. He will be meeting with the City of Woodbury to discuss that City’s concerns on the comprehensive plan, specifically involving infrastructure and storm water. City Attorney Snyder – no update. Planning Director Klatt reported on the last Planning Commission meeting including progress by the Village Workgroup and the development of design standards. It was noted Commissioner Jennifer Pelletier resigned from the commission and that the commission is seeking applicants. Mr. Klatt notified the Council that the next commission meeting will involve a large grading project request. City Engineer Griffin – no report. Finance Director Bendel reminded the Council of the budget meeting Tuesday September 11, 2012 at 6:30 P.M.
ADJOURN: The meeting adjourned at 9:28 P.M. LAKE ELMO CITY COUNCIL
_______________________________________ Dean A. Johnston, Mayor ______________________________________ Sandie Thone, City Clerk