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HomeMy WebLinkAbout01-15-2013 CCM LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 1 of 10 CITY OF LAKE ELMO CITY COUNCIL MINUTES January 15, 2013 Council Member Smith called the meeting to order at 7:02 P.M. PRESENT: Mayor Pearson, Council Members Smith, Bloyer, and Park. Also Present: City Administrator Zuleger, Associate City Attorney Brekken, Planning Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE SWEARING IN OF NEW CITY COUNCIL OFFICIALS Pursuant to state statute, City Clerk Bell swore in new City Council members Mayor Mike Pearson, Council Member Anne Smith, and Council Member Justin Bloyer. Meeting was recessed at 7:03 P.M. to allow for photos to be taken. Meeting was reopened at 7:08 P.M. Council Member Smith read Resolution 2013-01. RESOLUTION 2013-01 ACCEPTING COUNCIL MEMBER MIKE PEARSON’S RESIGNATION AND DECLARING A COUNCIL VACANCY APPROVED BY CONSENSUS OF THE CITY COUNCIL APPROVAL OF AGENDA MOTION: Council Member Smith moved to approve the January 15, 2012 City Council Agenda as amended. Council Member Park seconded the motion. Motion passed 4-0. Consent Agenda Item 12 was pulled for discussion. ACCEPT MINUTES ITEM 1: THE DECEMBER 4, 2012 CITY COUNCIL WORKSHOP MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. ITEM 2: THE DECEMBER 11, 2012 CITY COUNCIL WORKSHOP MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. ITEM 3: LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 2 of 10 THE JANUARY 2, 2012 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. Council Member Bloyer abstained. PUBLIC COMMENTS/INQUIRIES: None PRESENTATIONS: • LENNAR CORPORATION SKETCH PLAN PRESENTATION City Administrator Zuleger introduced Joe Joblonski. Also with Mr. Joblonski were Alan Dale and Bruce Miller, who are the property owners of the proposed area. Mr. Joblonski further introduced himself and explained his reason for speaking. Invited the Council to discuss the proposal and provide feedback. He gave a brief history of Lennar. Since 1954, Lennar has been building custom homes. Provided an overview of the proposed area. Majority of area has been farm land with a few commercial uses. Gave overview of the proposed development. Demonstrated how the development would connect to surrounding area. Council Member Bloyer asked about unit price. Joe said that it was still early in the marketing stage but expected a range of $180-$200K townhouses, $350-$450K smaller single family homes, and $450-$550 for larger single family homes. City Administrator asked about the number of floor plans. Mr. Joblonski said the 75’ lot width list has 8 or 9 plans each and each of those includes 6 elevations. There are 8 or 10 plans in the 65’ lot width list again with 6 elevations each. A discussion was had regarding the proposed townhome plans including slab on grade designs and the current popularity of smaller detached townhomes versus the proposed back to back or row style. Mr. Joblonski stated that Lennar is continually examining concept but proposal is currently based on meeting the density target. The smaller detached townhomes would affect the target range. Mr. Joblonski said staff has been great to work with and felt the staff recommendations are mostly acceptable. Any details should be able to be worked out as group moves forward. Mr. Joblonski asked for guidance from council as to whether Lennar is on right path. Council Member Park likes the townhome price point. There is a definite need. Ms. Park asked for more info on trails. Mr. Joblonski gave greater description of connecting trails. A discussion was had regarding greenbelts/buffers, power lines, and easements. There currently is not dedicated park land space, but if that if Lennar does put some in, there would be an expectation of some type of credit. Mr. Joblonski stated that no active parks were suggested at this time. Council Member Smith said this was because the City has never done a sewered project. Ms. Smith recommended that the developer consider adding an active park. She suggested that it would be a benefit for builder and help sell the homes. There was a consensus agreement that and active park would be a great thing LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 3 of 10 to offer. Council Member Smith noted that the comprehensive plan focused on the trails and connecting the city. Mayor Pearson asked about sprinkler fire protection and if it was considered or included. Mr. Joblonski said not on the single family detached, but on some townhomes as required. A discussion was had about public/private collaboration for energy improvements. Lennar homes are all EnergyStar Certified but has not formally done any type of collaboration with a city. CONSENT AGENDA 4. Approve Payment of Disbursements and Payroll 5. Approve 2012 Year-End Building Report 6. Designate Official Publication Newspaper of Record 7. Designate Official Depository of Funds for 2013 8. Resolution 2013-02: Designating Data Practice Officials and Approving City’s Data Practices Policy 9. Resolution 2013-03: Keats MSA Street and Trunk Watermain Improvements – Resolution for No Parking Restrictions 10. Approve Ski Trail Grooming Agreement 11. Designation of the City of Lake Elmo as the Responsible Government Unit (RGU) for the Lennar Residential Subdivision EAW 12. Subdivision Ordinance Amendments related to Public Land Dedication; Ordinance 08-65 MOTION: Council Member Smith MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED. Council Member Park seconded the motion. MOTION PASSED 4-0. Consent Agenda Item 12 was pulled for discussion. Moved to immediately following Item 21. REGULAR AGENDA ITEM 13: APPOINTMENT OF 2013 ACTING MAYOR City Clerk Bell explained that the Council is required to appoint an Acting Mayor pursuant to State Statutes. Council Member Smith nominated Council Member Bloyer as Acting Mayor. MOTION: Council Member Smith moved TO APPOINT COUNCIL MEMBER BLOYER AS ACTING MAYOR FOR 2013, TO COMPLY WITH AND FULFILL ALL DUTIES ENUMERATED IN MINN. STATUTE § 412.121 RELATING TO SELECTION OF AN ACTING MAYOR. Council Member Park seconded the motion. MOTION PASSED 4-0. ITEM 14: APPOINTMENT TO FILL COUNCIL MEMBER VACANCY City Administrator Zuleger provided overview of application and interview process. Stated intention is to appoint new member at tonight’s meeting and seat council member at the 2/5 mtg. LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 4 of 10 Mayor Pearson said all four candidates were excellent. It was noted that the Council did discuss the candidates prior to the current meeting in open forum immediately after the interviews. It was also broadcast live on the City Cable channel. Council Member Smith said two candidates have experience. It may not matter, but experience does and would help. Council Member Park acknowledged that it is a tough decision and a tough role. Ms. Park recommended Wally Nelson. She also invited those who are not selected to run for council in the future. Council Member Bloyer said that ideology does play into his decision. He also recommends Wally Nelson. Mayor Pearson was pleased with all the candidates. However, he also recommends Wally Nelson Council Member Smith said that she might give more weight to those with experience, but believes that unanimity is also important and therefore accepts the council’s proposal and recommends Wally Nelson. Council Member Park noted that she has received many phone calls expressing public preference for Wally Nelson. MOTION: Council Member Bloyer MOVED TO APPOINT WALLY NELSON TO THE COUNCIL FOR THE REMAINDER OF THE TERM PREVIOUSLY HELD BY COUNCIL MEMBER MIKE PEARSON, AND HIS APPOINTMENT SHALL EXPIRE ON JANUARY 5, 2015. Council Member Park seconded the motion. MOTION PASSED 4-0. ITEM 15: APPROVE NEW YEAR-END AUDIT FIRM Finance Director Bendel provided a summary of the audit firm rfp process. Stated both firms are excellent. City has used Abdo for ten years. Ms. Bendel noted Jason Miller from Smith Schaefer and Associates is in attendance. There is a potential for $21,000 dollar savings in the three years of the life of the contract. City Administrator Zuleger noted that the state auditors like new sets of eyes on the books every so often. He stated that he has stressed the internal control aspect in his communications. MOTION: Council Member Smith MOVED TO APPROVE THE THREE YEAR ANNUAL AUDIT CONTRACT TO SMITH SCHAFER AND ASSOCIATES BEGINNING WITH YEAR-END 2012. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 5 of 10 ITEM 16: APPOINTMENT OF REQUIRED OFFICIALS TO FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES City Administrator Zuleger explained the requirement of annually appointing the board members. Council Member Smith expressed her preference for appointing Council Member-Elect Wally Nelson however questioned the ability to do so before he is sworn in. City Clerk Bell noted that the Council has the option of having Council Member-Elect Nelson swear-in immediately. It was decided to appoint Mr. Nelson contingent upon his swearing in at the scheduled 2/5/12 date. MOTION: Council Member Smith MOVED TO APPOINT FIRE CHIEF GREG MALMQUIST, FINANCE DIRECTOR CATHY BENDEL, AND COUNCIL MEMBER-ELECT WALLY NELSON, CONTINGENT UPON HIS SWEARING IN. Council Member Park seconded the motion. MOTION PASSED 4-0. ITEM 17: CONSTRUCTION SECURITIES CODE AMENDMENT; ORDINANCE 08-065 Planning Director Klatt gave overview of background of the current code and how it has practically been used. Amendment is needed to bring the code language in line with the way the securities have been used. It is being expanded to include all construction instead of just the curb and gutter work that the current language allows for. Discussion was had regarding what construction this would actually pertain to. It was suggested that the word “significant” be added to clarify what types of construction projects. MOTION: Council Member Park MOVED TO ADOPT ORDINANCE 08-065 AS AMENDED, APPROVING THE CITY CODE AMENDMENT REQUIRING A SECURITY ESCROW FOR THE CONSTRUCTION OF NEW STRUCTURES AND OTHER SIGNIFICANT CONSTRUCTION-RELATED PROJECTS AT THE DISCRETION OF THE CITY. Council Member Smith seconded the motion. MOTION PASSED 4-0; ITEM 18: LANDSCAPING REQUIREMENTS CODE AMENDMENT; ORDINANCE 08-066 Planning Director Klatt gave overview of landscaping. This primarily clarifies the establishment of turf on properties. Concerns were expressed about the language “existing” properties and what it applies to. City Administrator Zuleger provided further explanation. A discussion was had regarding how it is important to make sure properties that are not able to install turf due to seasonal limitations are still held responsible but given a reasonable accommodation. It was determined that the word “new” should replace “existing”. Resident Greg McGrath of 1509 15th St. N. spoke about how his landscape plan never was put in. His landscape plan was entered into the record. Lake Elmo is known as the Wild West. Developers leave, but the residents are the ones who live here. LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 6 of 10 Resident Dave Moore of 8680 Stillwater Blvd said the grading is the real issue. Landscaping is minor compared to the grading. These details should be monitored throughout the building process by the City. A discussion was had regarding the efforts the City has made to improve the oversight process in regards to building. The related code updates are a result of this increased effort. The improvements should become more evident as the city progresses. MOTION: Council Member Smith MOVED TO ADOPT ORDINANCE 08-066 AS AMENDED, BY SUBSTITUTING “NEW” FOR “EXISTING”, AND THEREBY IMPROVING THE CITY CODE AND THE CITY’S ABILITY TO MAINTAIN A MINIMUM STANDARD OF PROPERTY MAINTENANCE IN LAKE ELMO. Council Member Park seconded the motion. MOTION PASSED 4-0. ITEM 19: CONTRACTOR LICENSING CODE AMENDMENT; ORDINANCE 08-XXX Staff requested that the ordinance change request be postponed to further work on definitions per Council request. Council Member Bloyer expressed his desire to have the related plumbing language to be reexamined as well. MOTION: Council Member Pearson MOVED TO POSTPONE CONTRACTOR LICENSING ORDINANCE 08-XXX. Council Member Park seconded the motion. MOTION PASSED 4-0. RECESS 8:38 PM RECONVENED AT 8:42 PM ITEM 20: ROCK POINT CHURCH PLAT EXTENSION Planning Director Klatt gave background of Hidden Meadows 2nd Addition plat and extension process. There have been multiple extensions to date. It is alleged that housing market conditions have impacted the development of the property. Staff recommends a six month extension to church for dedication of utility easement and then come back and apply for a longer extension if a developer has not been found by then. Council Member Park asked for clarification on churches plans. Pastor Bob Bridges, Executive Pastor for Church, introduced himself. He explained that the church is looking for a developer to come in. He stated the Church would be quite willing to grant easement to city. Ms. Park asked about the sales listing. Pastor Bridges said it is listed, and the church is interested in selling but has not received any reasonable offers. Council Member Bloyer asked about the property tax status. It was confirmed that property taxes are being paid on the development portion as undeveloped property. Smith noted that she supported this project, but now looks at other developments and questions the progress or lack thereof. She believes that there are developers who would be willing to build but is concerned about the commitment of the church. City services were brought there, and nothing has progressed. Ms. Smith wants to see more progress and effort by church. LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 7 of 10 Discussion was had about how the burden of providing the infrastructure has been shared by the entire City and the church has only benefitted. The church did not bear the cost of the infrastructure but residents near the area have and are going to. The specifics of the request were clarified. The extension would allow six months to identify the easement dedication, and if still no developer at that time, church will have to ask for another extension. The situation with the previous right of way granted along Highway 36 was clarified and various issues that have arisen were identified. Council Member Smith inquired about the status of the pre-existing house on the property. It was unclear if it was included Associate City Attorney Brekken advised that the language “only after” the dedication of the easement. The use of the word “only” could limit the Council’s ability to grant an extension if the easement was not established in that timeframe. He advised Council to remove the word “only”. MOTION: Council Member Park moved TO APPROVE THE REQUEST FROM ROCKPOINT CHURCH TO EXTEND THE DEADLINE TO SUBMIT A FINAL PLAT RELATED TO HIDDEN MEADOWS 2ND ADDITION FOR A PERIOD OF SIX MONTHS UNTIL AUGUST 2, 2013, WITH THE UNDERSTANDING FURTHER EXTENSIONS TO BE CONSIDERED AFTER THE DEDICATION OF A UTILITY EASEMENT ACROSS THE CHURCH’S PROPERTY CONSISTENT WITH THE LOCATION OF A PLANNED 16” WATER LINE. Council Member Smith seconded the motion. MOTION PASSED 4-0. ITEM 21: APPROVE PURCHASE OF PERMIT WORKS SOFTWARE APPLICATION Planning Director Klatt gave overview of why the software is needed. Current software is from 2000 and is out of date. New software would cover permits, licensing and code enforcement. It will be more efficient and streamlined. Staff looked at three different systems. Web-based are expensive. Permit works has made great strides in improving and listening to communities/users. One of the benefits is the other users, including the City of Hugo, and the increased access staff will have. A discussion was had about the funding. It was explained that the purchase would initially come out of the undesignated fund balance, but cost recovery is built into fees. Next year the maintenance will be included in the budget. MOTION: Council Member Pearson MOVED TO APPROVE THE PURCHASE OF PERMIT WORKS SOFTWARE AT A TOTAL IMPLEMENTATION COST NOT TO EXCEED $21,000 AND ANNUAL ON- GOING SUPPORT BEGINNING IN 2013 NOT TO EXCEED $4,200. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. ITEM 12: SUBDIVISION ORDINANCE AMENDMENTS RELATED TO PUBLIC LAND DEDICATION; ORDINANCE 08-XXX LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 8 of 10 Dean explained that it is a discussion of philosophy. It is important to update the ordinance to be ready and in line for the forthcoming growth. Developers are looking for a fixed cost. They prefer a flat fee per acre for business and commercial land. Staff recommends 7% for residential and $4000/acre for commercial and business. This Percentage costs actually increase costs to developers. Smith expressed her discomfort with deciding issue tonight. Needs more time to study. She asked asked that item be postponed. Funds go to parks and trails, and City must be cautious not to undercharge developers. Need to think about best interest of city. She believes that City should get the maximum amount it can. Ms. Smith formally requested that Council wait to act. Council asked that the item be brought back next meeting. It was noted that Parks Commission should weigh in. City wants to be competitive, but not forgo revenue. Parks Commission should look at what to do with the money. Council Member Smith noted that the plan dictates what the fee should be based on what needs to be accomplished. Other cities should also be looked at to see what is done. Council Member Smith reiterated that the comprehensive plan needs to be followed and the rate should enable meeting the goals stated in the plan. Council Member Bloyer noted that those goals may need to be re-examined to make sure they are in-line with the new Council’s direction. MOTION: Council Member Smith MOVED TO TABLE ITEM 12. Council Member Park seconded the motion. MOTION PASSED 4-0. Council Member Park noted that a student was in attendance at the meeting. Mayor Pearson signed his paperwork for class credit. The Council thanked him for coming. ITEM 22: ESTABLISHMENT OF FINANCE & HUMAN RESOURCES COMMITTEE City Administrator Zuleger explained the committee structure and the benefits thereof. Staff is proposing a Finance Committee and Human Resources Committee. These committees would operate to assist staff and council. Mr. Zuleger stated the three recommended motions. There are individuals in the community who have expressed interest. A public Safety committee is also something staff would like, but is not the top priority at this time. Council Member Smith asked about the Economic Development Committee. It was explained that the proposed Economic Development Authority would be in lieu of the committee. MOTION 1: Council Member Smith MOVED TO APPROVE, PER THE 2013 PLAN OF WORK, THE CREATION OF THE CITY OF LAKE ELMO FINANCE COMMITTEE AND THE CITY OF LAKE ELMO HUMAN RESOURCES COMMITTEE AS AD HOC ADMINISTRATIVE BODIES OF THE CITY COUNCIL THROUGH 2013. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 9 of 10 MOTION 2: Council Member Park MOVED TO INSTRUCT STAFF TO DRAFT COMMITTEE OPERATING GUIDELINES / STANDARD OPERATING PROCEDURES FOR BOTH THE FINANCE COMMITTEE AND THE HUMAN RESOURCES COMMITTEE FOR COUNCIL APPROVAL AT THE FEBRUARY 5, 2013 REGULAR MEETING. Council Member Smith seconded the motion. MOTION PASSED 4-0. MOTION 3: Council Member Bloyer MOVED TO APPROVE THE MAYOR’S SELECTION OF (2) CITY COUNCIL MEMBERS EACH TO SERVE ON THE FINANCE COMMITTEE AND THE HUMAN RESOURCES COMMITTEE FOR FY 2013 AND TO BEGIN THE SOLICITATION PROCESS OF (3) COMMUNITY MEMBERS EACH TO SERVE ON THE RESPECTIVE COMMITTEES, WITH THE FIRST MEETING OCCURRING NO LATER THAN THE THIRD WEEK IN FEBRUARY. Council Member Smith seconded the motion. MOTION PASSED 4-0. ITEM 23: NOTICE OF PUBLIC HEARING FOR THE PROPOSAL TO ESTABLISH AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF LAKE ELMO Council Member Smith asked if the body could go ahead and approve the EDA due to the duration that the City has been discussing the creation of an EDA. City Administrator Zuleger acknowledged the Enabling Resolution with the Item documentation. He noted the granted powers section and the requirement of real property owners for membership. The council reviewed the resolution and discussed the points that Mr. Zuleger noted. MOTION: Council Member Smith MOVED THAT THE CITY COUNCIL OF LAKE ELMO WILL HOLD A PUBLIC HEARING AT 7 PM ON FEBRUARY 5, 2013 DURING THE REGULARLY SCHEDULED COUNCIL MEETING RELATING TO THE QUESTION OF THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY (EDA) PURSUANT TO MINNESOTA STATUTES, SECTION 469.090 THROUGH 469.1082. PER STATUTES THE PUBLIC HEARING MUST BE NOTICED FOR TWO CONSECUTIVE WEEKS PRIOR TO THE HEARING DATE. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. Council Member Smith noted that hours and hours have been put into discussing the creation of an EDA and that it is very important. ITEM 24: DISCUSSION ONLY: COUNCIL OLD VILLAGE WORK GROUP WORKSHOP Bloyer requested that the next workshop regard the old village work group. This would allow the group and staff to inform the council of where group is. Council can provide guidance and then have the progress brought to the planning commission. The hope is to help the group move faster and not waste time that will not be supported by the Council. Dean proposed Wednesday the 30th for workshop where Harry Melander from MetCouncil would meet the Council at 6:00 P.M. and then hold Old Village Workgroup presentation/discussion from 7-8:30 P.M. LAKE ELMO CITY COUNCIL MINUTES JANUARY 15, 2013 Page 10 of 10 Council Member Park believes that the workshop format is a good opportunity to provide guidance and help the work group move forward. Smith explained that part of the reason that the Old Village group is delayed is that there has not been focus on the Old Village but the I-94 group. There was a forced 6-month hiatus. The Old Village is not comparable to the I-94. The timing and nature are completely different. It was decided that the Planning Commission should also attend the January 30th workshop. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Smith reported thanks Boy Scout Troop 162 her son’s troop. Council Member Bloyer reported asked for removal of order of business and the three minute time limit on public input. Thanked staff and families. Council Member Park expressed congratulations to everyone and Council Member Nelson excited for good year. Mayor Pearson reported regional council and mayors meeting; worked with library board to hire full time librarian. City Administrator Zuleger reported evaluations almost done. Working with Brian Zeller and Gary Kriesel to bring company over from WI to bring 50-70 good-paying jobs to Lake Elmo. Thursday at 1pm there will be a meeting with staff and legal counsel developer fees, WAC, and SAC. Associate City Attorney Brekken reported no update. City Engineer Griffin update on Olson Lake Trail extend sanitary sewer with Oakdale Thursday night meeting Expect to bring feasibility report to council in February. Design and construction standards are expected to be completed in February as well. Monthly transportation meeting coming up. Planning Director Klatt reported Planning Commission work plan is being developed. Met council wants more info regarding discrepancies between comp plan and amendments to MOU. Finance Director Bendel reported year end close. Scheduling audit field work. Mailing out December only water bill. Year-end payroll stuff. Adjourned open meeting at 10:06-- P.M. LAKE ELMO CITY COUNCIL _______________________________________ Mike Pearson, Mayor ______________________________________ Adam R. Bell, City Clerk