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HomeMy WebLinkAbout03-05-2013 CCM LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 1 of 9 CITY OF LAKE ELMO CITY COUNCIL MINUTES March 5, 2013 Mayor Pearson called the meeting to order at 7:00 P.M. PRESENT: Mayor Pearson, Council Members Bloyer, Nelson, Smith, and Park Also Present: City Administrator Zuleger, City Attorney Snyder, Planning Director Klatt, City Planner Johnson, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Discussion of the agenda was held. Council Member Nelson asked the summary reports be moved to after presentations. His reasoning was to allow staff to leave. MOTION: Council Member Park moved TO APPROVE THE MARCH 5, 2013 CITY COUNCIL AGENDA AS PRESENTED. Council Member Bloyer seconded the motion. Motion passed 5-0. ACCEPT MINUTES ITEM 1: THE FEBRUARY 19, 2013 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. PRESENTATIONS: ITEM 2: QUALITY STAR PRESENTATION: AL BEVER City Administrator Zuleger gave overview of General Mills volunteer program and presented the quality star award to Al Bever. Mr. Bever performed audits of several buildings and infrastructure; the award is presented to Mr. Bever for his commitment to quality and stewardship of the tax dollar and dedication to making the infrastructure of local government safe and efficient. Mayor Pearson thanked Mr. Bever for his service to Lake Elmo. Council Member Smith also encouraged Al to apply for position at city if a position opens up. She expressed her pleasure with his work. PUBLIC COMMENTS/INQUIRIES: Library Board Member Paul Ryberg spoke about the library. Attendance is up. Groups are meeting there. A renter has left, but budget does not account for rental revenue. LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 2 of 9 ITEM 3: FIRE RELIEF ASSOC RAFFLE DRAWING District Chief Winkles presented overview of Fire Relief fund. It is the pension arm of the organization. The Relief Fund holds a raffle fundraiser every year. Mayor designated Council Member Nelson to draw winners. Winners are: $25 Mary Burress of 55th St.; $25 Gary Wright of 39th St. N.; $25 Debbie Martin of Hilltop Ave.; $25 Jacqueline Christiansen of Kirkwood Ave.; $100 Al Bever; $250 Russ Doepner of Mark Ave. Pancake breakfast in August- huff and puff weekend. ITEM 4: SOUTH WASHINGTON WATERSHED DISTRICT POSTPONED SUMMARY REPORTS AND ANNOUNCEMENTS Part I City Administrator Zuleger reported most activity has been related to growth issues. Met with landowners re: Lake Elmo Avenue gravity sewer/easements. Appeared before Met Council to testify. Testimony was well received. Continue to work with MN investment fund obtaining grant for business relocating to Lake Elmo. They will be closing on building next week. Electronic/print newsletter development; addressed Tri-Lakes Association at their recent meeting. City Attorney Snyder reported working on finalizing documents for the Lennar project; worked on business relocation item; routine staff inquiries. Planning Director Klatt reported meeting with Met Council, plan can now be implemented. Village comp plan is part of overall land use; Met Council passed resolution to amend MOU granting additional time to address deadlines. Also authorizes representative to negotiate with city. Attended Planning commission meeting. With be taking up a couple zoning issues and tree preservation ord.; farm project applicant did submit prelim plat. Staff is currently reviewing for completeness. Will take a few days to determine if complete. City Engineer Griffin reported Keats Ave project; request for utility extension for Lennar development; Another Olson Lake Trail resident requested to be added to sewer project. Finance Director Bendel reported working through audit list; auditors will be back in April. CONSENT AGENDA 5. Approve Payment of Disbursements and Payroll 6. Keats MSA Street and Trunk Watermain Improvements - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids; Resolution 2013-15 7. Urban Residential Zoning District Minimum Standards; Ordinance 08-071 8. Approval of Contract with ISGMN for $28,800 for the Completion of the 2013 City of Lake Elmo Park Survey; Contract LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 3 of 9 MOTION: Mayor Pearson moved TO MOVE CONSENT AGENDA ITEMS 7 & 8 TO AFTER ITEM 11 FOR DISCUSSION. Council Member Smith seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Smith moved TO APPROVE THE CONSENT AGENDA AS AMENDED. Council Member Park seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 9: ADOPTION OF STANDARD DEVELOPER’S AGREEMENT; RESOLUTION 2013-16 City Engineer Griffin explained the standard developer’s agreement. He noted everyone who worked on it. The agreement was presented to council at workshop. Council Member Nelson asked about letter of credit. Snyder stated it did not need to be specifically mentioned in agreement. Staff can note that in the approval checklist. It was explained that it is the baseline agreement and can be modified as needed. Nelson asked about recording and the use of “may” language. City Attorney Snyder stated that it is always done. MOTION: Council Member Smith moved TO ADOPT RESOLUTION 2013-16, ADOPTING THE STANDARD FORM OF DEVELOPMENT AGREEMENT. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 10: SUBDIVISION ORDINANCE AMENDMENTS RELATED TO PUBLIC LAND DEDICATION; ORDINANCE 08-072, RESOLUTION 2013-17, FEE SCHEDULE AMENDMENT Planning Director Klatt presented summary of subdivision ordinance amendments. Mr. Klatt explained the differences. Residential districts will remain at 10%. The new urban districts that Council has adopted require the update to the ordinance. The new districts will also be at 10% dedication. Council had recommended at the recent workshop to set a fee as opposed to percentage of land for commercial. Mr. Klatt explained need to revise the fee schedule by resolution. The proposed fee is $4500 commercial. Council Member Bloyer asked about reviewing fees yearly. It was explained by staff that it was City practice to review annually. Discussion was had about the 4 or more lots versus 3 or less for commercial. Council Member Smith explained the reasoning for not following the Parks Comm. recommendation. She explained the process and noted that it will be reviewed every year. Council Member Bloyer asked about fee amendments and when it can be done. It can be done as needed. There is no waiting requirement. LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 4 of 9 Council Member Nelson expressed concerns that the entire cost of building in Lake Elmo has not been considered or researched enough. He wants to be competitive. Lake Elmo has higher additional costs (water/sewer). Wants to know all in costs compared to competitors. Council Member Smith reminded everyone that council just had a workshop. The fee is lower than Woodbury and she believes Lake Elmo is competitive. Council Member Park hopes that the Economic Development Authority can look at this. She believes it is competitive. Mayor Pearson believes it is competitive and acknowledges that it is still a significant fee. The fee is almost 10%. He would like staff to list all fees city has. Council directs staff to revisit in 3-4 months after determining all fees. MOTION: Council Member Smith moved TO APPROVE TO ADOPT ORDINANCE 08-072 CONCERNING AMENDMENTS TO THE SUBDIVISION ORDINANCE AND RESOLUTION 2013-17, AMENDING THE 2013 FEE SCHEDULE TO REFLECT THE REQUIRED PARKLAND DEDICATION FEE FOR THE SUBDIVISION OF COMMERCIAL PROPERTIES. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 11: COMPREHENSIVE PLAN AMENDMENT - VILLAGE LAND USE PLAN [Council Member Bloyer left 7:43PM. Returned at 7:44PM] City Administrator Zuleger introduced the overview of the comp plan process. He described the history of the work that has been done. Staff has met with all the affected landowners who are looking to develop. The Plan allows landowners to control own destiny and focuses on the downtown Lake Elmo Ave area. The Plan does call for a village green or center/public gathering area; the Plan addresses the buffer zone issue, and staff invites Council to address that item; lastly, the Plan provides a framework to allow market development. It was noted that Planning Comm. has many other tools to control development. Planning Director Klatt presented a broader overview of the work done. Council is being asked to approve plan to submit to adjacent communities and then Met Council review. Each will have set time to review it. This review should go quicker due to no MOU issues to address. The Village Work Group and the Planning Comm. have both approved the Plan. A public hearing was held. The entire process has included workgroup meetings; council members; planning comm., citizens at large; stakeholder meeting; technical groups (public agencies, MnDOT, Washington County) Planning comm. Meetings; an open house; town hall meeting; and council workshops. Mr. Klatt described the overall comp plan update process. The Village area plan will be merged with the I-94 plan. Mr. Klatt explained the key decision points: REC units; consideration of a village green; elimination of HWY 5/County Road 14 realignment from current comp plan; establishment LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 5 of 9 of general mixed use; clarification concerning the intent and purpose of the open space and green belt areas; reconsideration of MUSA (metropolitan urban service area) boundaries; guiding land use for low, medium, and high density residential uses outside the mixed use areas. Mr. Klatt noted that the vast majority of city area is still either park or open space. The proposed plan maintains this factor. City Planner Johnson gave overview of the detailed village use plan. The four proposed residential categories: VLDR - low density residential; V-MDR - medium density residential; HDR - high density residential; VMX - village mixed use. Mr. Johnson explained mixed use is key feature of plan to focus on the downtown. Secondly, the dedicated Park and recreation facility/space is provided. The Plan was going to be a range 900-1100. The Village Work Group chose 934 REC units. Mr. Johnson explained implementation of the plan. The open space plan was described. He explained the implementation of OP overlay as well as rural vs. urban zoning. In order to protect long term preservation: there are two key strategies: 1. conservation easements; and 2. acquisition. It was noted that the plan includes a MUSA amendment. Does not dictate where actual line must go, but shows where service can go at some point. Three additional subjects the Plan addresses: Transportation- State HWY 5, Lake Elmo Ave. (CSAH 17), Manning Ave. (CSAH 15), and New Collector Road (Village Parkway); parks – Village Recreational Facility, Reid Park, and VFW and Lions Parks; and trails. Mr. Johnson then explained involved land owners input and the resulting staff recommendations. Mr. Klatt explained the remaining steps in the process. Adjacent Community review and Met Council review are next. Mr. Klatt explained AUAR impact. There will be environmental issues, among others, that will need addressing. Most items will be on at the development level. Council discussed all the amendments to the plan with council and staff recommendations. [See proposed draft and final approved versions for actual revisions] Highlights included: Council Members Bloyer and Nelson identified issues that they have with certain text and phrasing. City Attorney Snyder explained what the purpose of the comp plan is and noted that the introduction is in the past tense. Smith noted that the workgroup was instructed to not wordsmith the document. Snyder did state that this was the time to address any language that is problematic to members. The inclusion of the Village Green language was discussed. Council Member Smith asked that it stay because it has been present for many years. Council Member Nelson wanted the green to be developed privately. The concept of master planning was discussed. As opposed to simple site planning, master planning involves much larger scope. Council agreed to insert “explore options to” LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 6 of 9 provide the village green space. It was agreed that the Plan should recognize the existing character of the Village. The difference between mixed-use development and mixed-use zoning was discussed. The target of 934 REC units was discussed. Councilman Bloyer wanted to avoid being too confrontational with the Met Council. It was agreed that the Village Green project could be developed as part of a master plan led by private developers with the potential for city involvement. It was agreed that City Hall may be considered as part of the Village Green. It was agreed that environmental considerations should be encouraged. Greenbelt corridors/buffer zones and whether developers will plan accordingly on their own was discussed. Council Member Smith wanted to make sure that people know that the reduction of the corridor size does not change density. There were concerns about current residents keeping/protecting the open space they currently have. City Planner Johnson noted that by keeping corridor on map, it provides city’s expectations to developers. Ms. Smith is concerned about the proximity of and walk-ability of developments. Staff recommends doing it at subdivision/zoning level. City Attorney Snyder noted that usually the technical details/performance standards, such as setbacks, street widths, etc, are not in comp plan. It was agreed that the buffer would be addressed at the zoning level. The subject of existing ball field relocation was discussed. The definition of “auto oriented” was discussed. It refers to businesses that are reliant upon drive-up traffic as opposed to businesses which are related to automobiles. It was agreed upon that the ultimate goal was to create a pedestrian friendly district that provides excellent opportunities to live, work, and play. The last amendment was regarding the acquisition of land through either purchase or parkland dedication. There was a discussion about receiving public comments at this time. City Attorney Snyder advised Council that it was not required, but Council may do so if it wishes. A motion was needed. Mayor Pearson MOVED TO OPEN MEETING FOR PUBLIC COMMENT. Seconded by Council Member Nelson. Motion Passed 5-0. Susan Dunn spoke on the comprehensive plan. There has been discussion about extending services to non-compliant septic systems. Ms. Dunn asked city looks into costs for new systems. She noted that she is in favor of form-based zoning and design standards. Likes open space and wants the concept continued and afforded to future developments/homes. Design Standards and Form based codes were discussed. Messrs. Klatt and Johnson explained the status. The costs of city sewer were then discussed. It was noted that the actual costs are between $13,000-18,000 Council Member Nelson MOVED TO CLOSE MEETING FOR PUBLIC COMMENT. Seconded by Council Member Bloyer. Motion Passed 5-0. LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 7 of 9 MOTION: Council Member Bloyer moved TO AUTHORIZE DISTRIBUTION OF THE COMPREHENSIVE PLAN AMENDMENT – VILLAGE LAND USE PLAN FOR ADJACENT COMMUNITY AND METROPOLITAN COUNCIL REVIEW. Council Member Nelson seconded the motion. MOTION PASSED 5-0. Mayor Pearson - point of privilege - meeting recessed 10:08 PM; reconvened at 10:13 PM. ITEM 7. URBAN RESIDENTIAL ZONING DISTRICT MINIMUM STANDARDS; ORDINANCE 08-071 Mayor Pearson asked for clarification on the change of minimum 70 to 60. City Planner Johnson explained the density stays the same. The change would allow for greater clustering and more open space. MOTION: Mayor Pearson moved TO ADOPT ORDINANCE 08-071 AMENDING SECTION154.452 OF THE ZONING ORDINANCE CONCERNING THE URBAN RESIDENTIAL DISTRICT STANDARDS. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 8. APPROVAL OF CONTRACT WITH ISGMN FOR $28,800 FOR THE COMPLETION OF THE 2013 CITY OF LAKE ELMO PARK SURVEY; CONTRACT Mayor Pearson is concerned with scope and cost. He would like it to include more. The Mayor is interested in also considering an in-house survey. City Administrator Zuleger explained that the Parks Commission has been focused on conservation and does not have a plan for park usage/development. The Parks Comm. wants independent professional analysis with low statistical errors. This survey would provide 500 sample phone responses. If in-house, Staff would mail out letter. Staff might not have resources. It was confirmed that funds would be out of Parks dedication fund. Mr. Zuleger said that staff could do it. The Parks Commission wanted an independent survey. Council Member Nelson asked what Parks Comm. will do with the data once received. Mr. Zuleger stated that Commission will use it to determine how to use the parks funds. It was explained that the survey will be random, but targeted to specific parks based on location of respondent. MOTION: Mayor Pearson moved TO APPROVE THE CONTRACT WITH ISGMN FOR $28,800 FOR THE COMPLETION OF THE 2013 CITY OF LAKE ELMO PARK SURVEY. Council Member Park seconded the motion. MOTION PASSED 5-0. ITEM 12: APPROVAL FOR STAFF MODIFICATION SECTION 97.21 – WATERCRAFT AND WATER SURFACE REGULATIONS - TO BE CONSISTENT WITH MN STATE STATUTES City Administrator Zuleger explained the background of the discussion. It was noted that Council Members Bloyer and Park requested this item be placed on the agenda. Working with the DNR to refine the code to bring within uniformity with state law. LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 8 of 9 Councilman Bloyer wants to establish committee to review rules and determine what is fair and equitable. Nelson asked what Councilman Bloyer’s intentions were. Mr. Bloyer explained the process so far and that the city is the body that has the responsibility to address it. It cannot be left to DNR. Noted there are concerns from some residents Mr. Zuleger said the DNR had concerns about past regulation proposals. Amending code would normalize and bring in line with the DNR regulations. Council Member Park asked about what the actual issue was. Mr. Zuleger said enforcement has been problematic because it is a DNR responsibility, but our code presents challenges. Mr. Bloyer wants the entire chapter repealed except for the no wake rules between the lakes. Motion: Council Member Nelson moved TO CREATE AD HOC COMMTTEE TO REVIEW LAKE ORDINANCE STARTING WITH CLEAN SLATE BY STRIKING §§ 97.21 (EXCEPT FOR (K)), 97.22, AND 97.23. Seconded by Council Member Park. Mr. Zuleger noted his discomfort with acting on item without proper notice. City Attorney Snyder explained that the code needed to be amended by ordinance. Council Member Park moved TO AMEND MOTION BY DIRECTING STAFF TO BRING ORDINANCE TO REPEAL CURRENT LANGUAGE TO THE NEXT MEETING. Council Member Nelson WITHDREW HIS MOTION. Council Member Park moved TO FORM AD HOC REVIEW COMMTTEE MADE UP OF LAKE PROPERTY OWNERS AND STAFF TO REVIEW LAKE ORDINANCE BY STRIKING AND DIRECT STAFF TO BRING ORDINANCE TO REPEAL §§ 97.21 (EXCEPT FOR (K)), 97.22, AND 97.23 TO THE NEXT MEETING. Seconded by Council Member Nelson. Mayor Pearson stated that he is in favor of the ad hoc committee but does not support amendment as proposed at this time. He would also like the Parks survey to consider lake usage. Mr. Zuleger noted that he will not be in attendance at the next meeting. Council Member Park amended her motion TO HAVE IT BE PUSHED OUT UNTIL THE 2ND MEETING IN APRIL. Seconded by Council Member Nelson. MOTION TO AMEND PASSED 5-0 MAIN MOTION PASSED 4-1. PEARSON- NAY SUMMARY REPORTS AND ANNOUNCEMENTS PART II Council Member Smith no report. Council Member Park no report . LAKE ELMO CITY COUNCIL MINUTES MARCH 5, 2013 Page 9 of 9 Council Member Bloyer attended Met Council meeting. Saw sign at Sunfish Lake Park banning biking. City Clerk Bell advised him that there is no current ordinance in effect relating to biking. He asked staff to remove sign. Mayor Pearson no report. Council Member Nelson – reported attending Fire Relief Assoc meeting. They have a new investment advisor. The pension is up 10%, looking for 7% long term. Wants to bring pension increase to council. Would like item to be on June workshop. It has been a long time since changed. request capital spending and total indebtedness. Would like a plan for going forward. Zuleger noted that the city is going to do a serious CIP Meeting adjourned at 11:06 P.M. LAKE ELMO CITY COUNCIL _______________________________________ Mike Pearson, Mayor ATTEST: ______________________________________ Adam R. Bell, City Clerk