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HomeMy WebLinkAbout04-23-2014 SCMLAKE ELMO SPECIAL CITY COUNCIL MINUTES APRIL 23, 2014 Page 1 of 3 CITY OF LAKE ELMO SPECIAL CITY COUNCIL MINUTES APRIL 23, 2014 Mayor Pearson called the meeting to order at 2:32 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, and Mike Reeves. Council Member Justin Bloyer arrived at 2:33 pm. Council Member Anne Smith arrived at 2:36 pm. Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Mayor Pearson asked that the JPA discussion be moved to beginning of agenda. MOTION: Council Member Reeves moved TO APPROVE THE APRIL 23, 2014 SPECIAL CITY COUNCIL AGENDA AS AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 4-0. ITEM 1: JPA WITH STILLWATER SCHOOL DISTRICT City Administrator Zuleger provided summary of background and proposal for a joint park with school district. Stillwater School District Director of Operations Dennis Bloom provided update on the construction bids that have been received. The estimated cost is now $63,000 instead of $80,000. It was explained that the Council options are: 1) not to have park 2) participate in tennis courts only 3) placeholder for a future park. It was explained that there is also a grant program available because the proposed park would be located on regional trail. Eligible grant improvements are primarily: shelter, bathrooms, and potable water. Council Member Bloyer asked about the legal implications of the agreement termination. City Attorney Snyder stated that the City can later choose not to participate in building the park, but the district cannot unilaterally cancel the agreement. Council Member Nelson asked about the timeline for the anticipated development build-outs. The estimation is 3-5 years. The district is okay with the extension of the master plan timeline. The council discussed the distance that residents are willing to travel to use a park. Mr. Zuleger explained again that the location is not perfect, but it would accomplish establishing a park in a sector of the city that presents multiple challenges in locating a park. Council Member Reeves explained the park survey results that support a park near there. Mayor Pearson asked about the security. The City would be responsible for security as with other parks. It was noted that if the park was developed, it may reduce the potential criminal activity in immediate vicinity. Mr. Nelson asked about the Manning Avenue construction was scheduled. It is planned for 2016-17. Ms. Smith reiterated that her belief is that the park is too far away from residential areas. Planner Johnson further explained the land use situation. The approximate distance that people will travel for a park is about ¼ mile. Council Member Smith asked about the Sanctuary neighborhood park and why that does not have a higher priority than this park. It was explained that the proposed development adjacent to that area is not moving as fast as expected and it was hoped that the two properties would share a larger park. Mayor Pearson noted that the current Parks Commission is making Sanctuary Park a much higher priority than in the past. MOTION: Council Member Reeves moved TO APPROVE THE JOINT POWERS AGREEMENT WITH THE STILLWATER SCHOOL DISTRICT FOR THE CREATION OF A MASTER PLAN FOR A LAKE ELMO SPECIAL CITY COUNCIL MINUTES APRIL 23, 2014 Page 2 of 3 3.7 ACRE MULTI-USE PARK AT OAKLAND JUNIOR HIGH SCHOOL AND THE DISBURSEMENT, WHEN INVOICED, OF $64,000 OF PARKLAND DEDICATION FUNDS FOR THE CONSTRUCTION OF THREE NEW TENNIS COURTS PER UNANIMOUS RECOMMENDATION OF THE PARK COMMISSION WITH THE IMPLEMENTATION OF THE PARK MASTER PLAN OCCURRING WHEN DEVELOPMENT WARRANTS AND IN COMPLIANCE WITH THE PARK COMMISSION PRIORITIES. Council Member Nelson seconded the motion. It was decided that leaving the timeline open would be more beneficial to accommodate unknown contingencies. Messrs. Nelson, Mayor Pearson, Mr. Reeves all explained their reasoning for supporting. Park Commission Chair Shane Weis has commented that there is a benefit of the timing to coordinating with the district. Mr. Reeves believes that this is a great price to gain three more tennis courts. Mayor Pearson agreed that this is making the best of a location with few options. Ms. Smith does not support the location or access. She is also frustrated that the city is subsidizing tennis courts that in her opinion do not have a use demand. She does not think there is a current need. She stipulated that she is very supportive of the school and the district, but disagrees that there is a need at this time. Her opinion is that the park funds should be directed elsewhere. Mayor Pearson explained that this is a good partnership opportunity with school district. Mr. Bloyer expressed he is torn with the decision. He is opposed due to this being a subsidy to the school district. He also does not think there is a current demand. However, because this involves park funds, those funds can only be used on parks. Ms. Smith noted that she supports the Parks Commission; however, this item did not originate from a resident. MOTION PASSED 3-1-1 (Smith - nay; Bloyer voted present) ITEM 2: NEW PARK SIGNS City Administrator Zuleger provided overview of the project that includes the replacement of all 17 city park signs. Costs would be paid out of park funds. The signs are designed using the theming work done with Damon Farber Associates. The lifetime of these signs would be 5-10 years. The signs are also designed to be able to be updated in parts as opposed to the entire sign. MOTION: Council Member Nelson moved TO APPROVE THE EXPENDITURE OF $32,916 IN PARKLAND DEDICATION FUNDS TO PURCHASE AND INSTALL NEW PARK SIGNS. Council Member Reeves seconded the motion. Council Member Smith supports this. She like the fact that the signs can be modified as the park amenities may change. The price was discussed. It is a large amount, but it comes out of parkland dedication funds. Council Member Reeves noted that this is part of the City’s rebranding efforts. The lower price than the quote was explained as some of the labor and parts will be done by staff. It was also explained that there is a desire to have the signs ready for the summer meetings held in the parks. MOTION PASSED 5-0. ITEM 3: POLICY DECISION: LATERAL BENEFIT CHARGES City Administrator Zuleger provided overview of the lateral benefit charge history. The last time a charge amount was set was in 2006. Mr. Zuleger explained the Municipal Utility Service Area. The benefits provided for each property were described. Mr. Zuleger explained the staff recommendation: LBC of actual cost based on rolling three year average. If located in established MUSA, full LBC and property owner is required to connect within 2 years. If not located in established MUSA, property owner is required to pay true costs for stub and full costs if LAKE ELMO SPECIAL CITY COUNCIL MINUTES APRIL 23, 2014 Page 3 of 3 connecting later. It was clarified that a landowner whose property could be subdivided, a full LBC would be charged and subsequent subdivided lots would pay the full WAC/SACS and connection charges. It was noted that Lake Elmo has a low LBC and most communities apply a LBC in all cases. The area that is considered MUSA was further explained and discussed. The impact of putting in a stub at a later date was explained and discussed. Costs would be substantially higher, but it depends on the circumstances for each case as far as what the actual cost would be. There are several factors that would affect the cost, including location and other infrastructure impacted. Council Member Nelson wants everyone to pay for a stub, then pay WAC and connection fees at time of hook up. Mayor Pearson sees it similar to a road. There are different levels of interest, but everyone pays for the benefit. Council discussed the actual charge of installing a stub and what to call it. City Engineer Griffin explained the background of what was done for Keats Ave. and how the various charges are used or paid. Whether the residents can be protected from having to connect within a defined time frame was discussed. City Attorney Snyder explained that there are ways, but the economic realities can make this challenging. Mr. Nelson expressed his regret voting for Keats Ave. and forcing people, who will never connect, to pay anything. He understands that the system is built on WACs. He does not believe that there is an actual benefit, so requiring stub cost only is a compromise. Mr. Griffin clarified that the entire system is not built on WACs, but only the over-sizing, water towers, etc. The standard 8 inch trunk pipe is funded differently. MOTION: Council Member Bloyer moved TO ADOPT COUNCIL POLICY ASSESS LATERAL BENEFIT CHARGE OF $2900 FOR ANY PROPERTY OUTSIDE OF SERVICE AREA. Council Member Nelson seconded the motion. Council Member Reeves wants the charge to be accurate. He is hesitant to set number at this time. Conceptually he agrees, but not sure what to call the charge. He likes the rolling average concept. It was reiterated that the Lake Elmo charge of $5,800 is low compare to other communities. It was stated that $2,900 would cover the cost of the stub only in most cases. Council Member Nelson offered friendly amendment: “when connection is made, property owner will pay $3000 WAC and all corresponding connection charges.” Amendment was accepted. The stub charge was further discussed. City Attorney Snyder explained that there is a consideration the council must make of whether there is a benefit that can survive an appeal when determining to assess a property. Council discussed whether there is an actual benefit. Staff stated that it has direction on how to proceed. Council Member Reeves wants the figure worked out further. MOTION FAILED 2-3 (PEARSON, SMITH AND REEVES – NAY). Mayor Pearson adjourned the meeting at 4:42 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk