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HomeMy WebLinkAbout04-01-2014 CCMLAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2014 Page 1 of 5 CITY OF LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2014 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, Justin Bloyer, and Mike Reeves. Anne Smith arrived at 7:02 pm Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Council Member Bloyer moved TO APPROVE THE APRIL 1, 2014 CITY COUNCIL AGENDA AS PRESENTED. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 1: ACCEPT MINUTES THE MARCH 18, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. COUNCIL REPORTS: Mayor Pearson: attended local government meeting regarding economic development; held mayor show with Shane Weis; attended Washington County Board Meeting where Lake Elmo library was discussed. Thanked Commissioner Kriesel for his support. Council Member Bloyer: attended hearing at MN House of Representatives regarding 2014 bonding bill; spoke at US Power Squadron Conference. He presented a certificate he received; Recommended that public view the video footage of the lakes recorded last year. Council Member Reeves: attended bonding hearing. He noted two other presentations at hearing were also related to water. Water obviously is an important issue, and will likely continue to be; attended Library Board meeting; took Predictive Index survey. Thought it was extremely accurate. Council Member Smith: on vacation last meeting; caught discussion on PBS on water and how development in future will impact water. Water is a concern for greater metro, not just Lake Elmo. Council Member Nelson: on vacation last meeting as well. No report. PUBLIC COMMENTS Bob Kusick, 5470 Highlands Trail – complained about the trailer in his neighbor’s backyard. Koch Pipeline inspectors visited the site, and their engineers stated the trailer would not be a problem. Mr. Kusick reported that he and other neighbors sent letter to property owner demanding removal. The neighbor refused to remove it. He is concerned about the potential environmental disaster that he believes could result if pipeline is damaged by the trailer. Mr. Kusick asserted that Koch Pipeline is a terrible polluter. Mayor Pearson said that he and any interested Council Members could visit the site and speak with Mr. Kusick if they wish. Mr. Kusick asked that the City change its code. Neil Krueger, 4452 Lake Elmo Ave. – thanked staff for recent Fresh article on developments in community. He was encouraged to see more communication and would like an open house to further increase information dissemination and public input. PROCLAMATION – National Library Week Proclamation Mayor Pearson read the proclamation proclaiming April 13-19 as National Library Week. CONSENT AGENDA LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2014 Page 2 of 5 2. Approve Payment of Disbursements and Payroll 3. 2014 Seal Coat Project – Approve Plans and Specifications and Authorize Ad for Bids; RES. NO. 2014-20 4. Family Means CUP; RES. NO. 2014-21 5. Site Plan Review Ordinance; ORD. 08-105 Council Member Smith pulled Item 3 for discussion. Council Member Bloyer pulled Item 4 for discussion. MOTION: Council Member Reeves moved TO APPROVE THE CONSENT AGENDA AS AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 5-0. ITEM 3: 2014 SEAL COAT PROJECT – APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE AD FOR BIDS Council Member Smith asked how the Seal Coat Project is going to be paid for. It was only budgeted for $160,000. Where does the additional $53,000 come from? Mayor Pearson noted that the Council agreed to spend more on roads. City Administrator Zuleger stated that due to the harsh winter conditions and further re-inspection of the road conditions, additional funds are needed. Council consensus is that if there is an item that is over what was budgeted, it should be noted so that Council is aware. City Administrator Zuleger suggested that the item go back to the Finance Committee and be brought back to Council on 4/15/14. Ms. Smith thanked the Finance Director and finance committee for catching these items. Mr. Zuleger noted that the staff policy is that if department is over annual budget, the item must be brought to the Finance Committee. MOTION: Council Member Nelson moved TO POSTPONE ITEM UNTIL APRIL 15 SO THE FINANCE COMMITTEE CAN REVIEW. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 4: FAMILY MEANS CUP City Administrator Zuleger and Community Development Director Klatt explained the CUP application. Family Means has outgrown its current space. The proposal would allow an additional 4,000 sq. ft. addition to its current space. Parking will continue to be adequate. Planning Commission unanimously recommended approval. MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2014-21, APPROVING THE CONDITIONAL USE PERMIT AMENDMENT REQUEST BY FAMILY MEANS TO ALLOW FOR THE CONSTRUCTION OF A COMMUNITY CENTER IN THE CIMARRON MANUFACTURED HOME PARK. Council Member Smith seconded the motion. The Council was very supportive of Family Means and its work in the community. MOTION PASSED 5-0. REGULAR AGENDA ITEM 6: HORNING LOT SIZE VARIANCE; RES. NO. 2014-22 Council Member Bloyer recused himself from discussing this item. Council Member Bloyer left the room at 7:40PM. Council Member Bloyer returned at 7:47PM. Community Development Director Klatt provided an overview of the variance application. Reported concerns regarding drainage were noted. Staff recommends that easements for the drainage and ponding areas be reserved for the City. It was pointed out that in 1985 a previous variance was granted but has since expired. Staff believes that the application meets the City’s variance criteria. The Planning Commission recommends approval with 7 conditions as identified in the resolution. LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2014 Page 3 of 5 Council Member Smith asked what the amount was for the recent road assessment. Mr. Klatt said that the engineer said it was $2,900. Funds would go into the road fund. Ms. Smith asked how property taxes have been assessed as a buildable lot but the City does not consider it buildable. Mr. Klatt explained that the county’s tax determination is different than the City zoning determination of what is buildable. It was explained that the assessment fee is to be paid at time of building permit. Council Member Reeves asked about whether the grading should be required to “be improved” instead of “not exacerbate.” Mr. Klatt stated that any reviewed building will in fact be an improvement. Ms. Smith noted that the footprint of the tennis court looks larger than many of the surrounding homes. Christine Cirilli, attorney for applicant, spoke on behalf of Suzanne Horning. She reiterated that when the owner purchased the lot, it was buildable, but that she recently learned in 2012 that the variance had expired. Applicant has thought that it was a buildable lot the entire time. Ms. Smith asked if there was a plan to sell or build within the year. Ms. Cirilli stated that the owner would like her estate to have flexibility in time to build or sell. Mayor Pearson asked that the record reflect that it is not the Cities responsibility to track the variance. Council Member Nelson asked if the conditions could terminate the variance if the property is transferred. Mr. Klatt reiterated that the applicant may want to sell the lot to another party who wants to build. Mr. Reeves asked what happens when it expires. Mr. Klatt stated that the applicant can re-apply at that time for an extension or another variance. Mayor Pearson noted that some of the conditions seem superfluous and redundant. It was agreed that several conditions would have to be met anyhow. Mayor Pearson asked about the driveway. Mr. Klatt stated that it is to keep the access on the road with less traffic. It was explained that that the property would have only been assessed on the road section that the driveway would have been on despite it being a corner lot. MOTION: Council Member Smith moved TO ADOPT RESOLUTION NO. 2014-22, APPROVING A VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENTS IN A RS DISTRICT AND THE MAXIMUM TIME FOR WHICH A VARIANCE IS VALID. Council Member Reeves seconded the motion. Council Member Nelson thinks it appropriate that the road fee be paid back to the other residents. Additionally, the fee should be paid up front, not at the time of building permit. Finance Director Bendel stated that if the fee is assessed, it can be assessed to the property taxes. Also, the refunds could be credited to the other properties as an assessment payment. Council Member Reeves asked about if permit expires, how would the assessment be addressed? Mr. Reeves is concerned about assessing now if something changes. The possibility of status changes to assessed properties was discussed. MOTION: Council Member Nelson moved TO AMEND THE MOTION THAT IF FOUND TO BE PERMISSIBLE, THE ROAD ASSESSMENT FEE BE RETURNED TO OTHER RESIDENTS OTHERWISE TO THE CITY, AND THE FEE IS ASSESSED IMMEDIATELY. Council Member Smith seconded the motion. When the fee should be assessed was further discussed. MOTION PASSED 3-1-1 (Reeves – Nay, Bloyer abstaining). ORIGINAL MOTION PASSED 4-0-1 (Bloyer abstaining). ITEM 7: LAUNCH PROPERTIES CUP CONCEPT PLAN AND ZONING MAP AMENDMENT; RES. NO. 2014-23, ORD. 08-106 LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2014 Page 4 of 5 Community Development Director Klatt provided overview of the application. Staff recommended approval of the Zoning map amendment and PUD concept plan subject to the conditions as identified in the resolution. Council Member Bloyer asked about why a vote was required. Mr. Klatt explained that a Concept Plan is different from a sketch plan review. Mr. Bloyer asked about the city financial contribution that is being asked for. City Administrator Zuleger explained that the applicants have asked that the site be included in a TIF district. The situation regarding setbacks was discussed. City Attorney Snyder noted that Council can reserve the right to review any issues that they are uncomfortable with and still take action. Council Member Reeves pointed out that the resolution reserves authority regarding the setbacks so is probably sufficient as presented. Applicant Dan Regan spoke about his company and other similar developments he is undertaking. Mr. Regan described the development and the site. He stated that the proposal is a low intensity, two-phase development. They are proposing installing an 8 foot berm on the northern property line. Mr. Regan described his interactions with neighboring property owners. He has made efforts to satisfy adjoining property owners concerns. He stated that the future traffic study will address any traffic concerns. Estimate is $240,000 property taxes and about $240,000 in WACs and SACs. Mr. Reeves voiced his appreciation that the applicants have considered the berming and theming elements. Council Member Smith asked which other projects are included in TIF. Mr. Regan explained the various TIF projects he was aware of. He stated that many communities are competing for these businesses. MOTION: Council Member Reeves moved TO ADOPT ORDINANCE 08-106 APPROVING A ZONING MAP AMENDMENT TO CHANGE THE ZONING OF THE LAUNCH PROPERTIES PARCEL FROM RT TO BP. Council Member Nelson seconded the motion. MOTION PASSED 5-0. MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2014-23 APPROVING A PUD CONCEPT PLAN FOR A TWO-PHASE, 385,000 SQUARE FOOT LIGHT INDUSTRIAL DEVELOPMENT WITH CONDITIONS, RESERVING COUNCIL’S ABILITY TO CONTINUE TO REVIEW THE PERFORMANCE STANDARDS AS THE APPLICATION PROCEEDS. Council Member Reeves seconded the motion. MOTION PASSED 5-0. NEW BUSINESS: ITEM 8: JOINT SERVICES AGREEMENT WITH ISD 916 City Administrator Zuleger provided an overview of the joint services agreement. Because the school is not a taxable property, the school will pay the City $31,500 for services and maintenance. The City looked at what it would spend in administration, public works, and public safety/policing in supporting the school to determine the number. Council Member Smith asked why this did not go through the finance committee. Mr. Zuleger stated that he is pleased that the Council wants to have the Finance Committee review these items. Ms. Smith asked about the weaknesses. Mr. Zuleger explained that being a school, the property is not taxable. MOTION: Council Member Nelson moved TO APPROVE A SERVICES AGREEMENT WITH ISD 916 FOR $31,500 WITH A 1.02% ESCALATOR CLAUSE PER YEAR TO RUN THROUGH CALENDAR YEAR 2027. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 9: APPROVE THE JOINT POWERS AGREEMENT WITH THE STILLWATER SCHOOL DISTRICT FOR THE ESTABLISHMENT OF A MULTI-USE PARK AT OAKLAND JUNIOR HIGH SCHOOL LAKE ELMO CITY COUNCIL MINUTES APRIL 1, 2014 Page 5 of 5 City Administrator Zuleger provided an overview of the proposed Joint Services Agreement. The school district and Lake Elmo Parks Commission has reviewed the agreement. Director of Operations for Stillwater Area Public Schools Dennis Bloom spoke about the project. Council Member Bloyer asked about who owns the land. Council Member Nelson asked about who pays for the improvements. The district will maintain the courts and the landscaping. The City would install and maintain the park equipment. Council Member Smith asked why this location was selected. There are not many potential users outside of the school in the immediate area. Mr. Zuleger explained that the Park Commission wanted a park in this sector of the city, but there are limited options, so this is the best option at this time. The location and potential users were discussed. Council Member Reeves has concerns about accessing the park. Mr. Zuleger explained the future access possibilities. This is also a good opportunity to partner with the school district. Mr. Bloom explained that this project is time constrained. Three additional tennis courts for $80,000 is too good of a deal to pass up. If the City does not participate, the district will look for other options. MOTION: Mayor Pearson moved TO TABLE THE ITEM. Council Member Smith seconded the motion. MOTION PASSED 5-0. MOTION: Mayor Pearson moved TO CREATE A TASK FORCE CONSISTING OF COUNCIL MEMBERS NELSON AND REEVES AND PARKS COMMISSIONERS WEIS AND AMES TO REVIEW THE JPA AND COME BACK WITH FINDINGS. Council Member Reeves seconded the motion. MOTION PASSED 5-0. SUMMARY REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: On 4/8 council will be holding a transportation workshop; staff is proposing some community meetings in area parks; met with Northland Securities regarding TIFs. Also, due to Paul Donna’s departure, Tammy Omdahl is new rep assigned to City; attended bonding bill meetings; looking at staffing utilities and the possibility of jointly with Oakdale; attended Washington County Board of Commissioners meeting. City Attorney Snyder: working on routine matters. Community Development Director Klatt: working on submitted plats, wedding venue ordinance, and animal assisted therapy ordinance. Finance Director Bendel: no report. City Clerk Bell: Attended the Minnesota Clerk and Finance Officer Association conference in St. Cloud; New Election Equipment; processing bee applications. Mayor Pearson adjourned the meeting at 10:05 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk