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HomeMy WebLinkAbout07-01-2014 CCMLAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Page 1 of 8 CITY OF LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, Anne Smith, and Mike Reeves Absent: Council Member Bloyer Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, Finance Director Bendel, City Clerk Bell, and Taxpayer Relations and Communications Coordinator Macleod. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Community Development Director Klatt explained that Item 9 will be postponed. Council Member Smith asked to postpone Item 7 until after upcoming meeting regarding Pebble Park. Council agreed to pull Item 7 for discussion after Item 16. It was announced that Hammes has withdrawn its variance request, so Item 10 - Hammes Shoreland Variance will be removed from agenda. Council Member Nelson requested that Items 11, 12, and 13 be pulled from Consent for discussion. He stated that he believes preliminary plats belong on the Regular Agenda. Council Member Smith also asked that all preliminary plats be placed on the Regular Agenda in the future. MOTION: Mayor Pearson moved TO APPROVE THE JULY 1, 2014 CITY COUNCIL AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTION PASSED 4-0. ITEM 1: ACCEPT MINUTES THE JUNE 17, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS OF THE CITY COUNCIL. COUNCIL REPORTS: Mayor Pearson: spent time talking to people about lakes; met with Wildflower developer and neighbors; attended Public Safety Committee meeting and HR Committee meeting; attended Reid Park neighborhood meeting; attended Washington County library meeting and Lake Elmo Library Board mtgs. Mayor Pearson stated that he had asked the library board to discuss possible scenarios, under which each member would consider re-affiliation with the county system. He suggested that the council members consider the same as council will be having that discussion also. Council Member Smith: reported receiving many phones calls regarding multiple items. She requested all council members be informed and make group decision on important items. Council Member Nelson: attended Public Safety Committee meeting; examined budget and enterprise funds. There is a history of funds being transferred out of General Fund to Enterprise Funds. He wants Council to provide input on looking into having that+ money repaid back to enterprise. Mayor Pearson and Council Members Reeves and Smith support having finance committee look into it. Council Member Reeves: attended Reid Park neighborhood meeting; attended HR Committee meeting. City is looking for additional members; attended Park Commission meeting and trying to move ahead with Sanctuary Park improvements; He would like to discuss the appropriate discretion to be used in issues such as the no wake decisions. PUBLIC COMMENTS/INQUIRIES LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Page 2 of 8 Bob Cusick 5470 Highlands Trail asked about whether deed restrictions and covenants control. City Attorney Snyder affirmed that they are the first tool for homeowner to enforce property rights. He also explained that the City has no role in enforcing them. Mr. Cusick spoke about his neighbor’s backyard and the trailer that has been placed on the Koch pipeline. He claimed that City staff responded to his complaint be telling him his property was once farmland, so there should not be a problem. Mayor Pearson told Mr. Cusick that the City will not involve itself in neighborhood covenants. The issue has been addressed and is done. Leona Jacobson 11685 Stillwater Blvd lives next to Christ Lutheran Cemetery. She received letter from Washington County regarding TH 5 road realignment. The proposed road is going through her backyard. She is asking the Council for assistance. She claims that she has never heard of this proposal until now. It was explained that this is a county project and that there have been several public meetings. Jan Shiltgen 3509 Kelvin Ave spoke on the TH 5 realignment. She is against the realignment. She wants the Council Member Smith stated that she wants staff to do a better job of notifying residents of these projects. City Engineer Griffin elaborated that this is a county project and that the status of planning is still early in the process. There will be future opportunities for the City and residents to weigh in. Council Member Reeves commended City staff on efforts on communication but would like to look at expanding the effort even further to get ahead of potential issues. Council Member Smith suggested Council examine the use of Code Red to better notify citizens. City Administrator Zuleger explained the current purpose of the Code Red system and the potential changes for the future. 36TH & 37TH STREET IMPROVEMENTS – Public Input Barb Ritchie spoke about the proposed improvements. She believes that the project should be postponed and lowered on priority list. She is opposed to total cost and is opposed to upgrade costs. She is also opposed to addition of curbs. She does not believe that there is a benefit. Neighborhood is also opposed to blocking off traffic during construction. Council Member Nelson asked about water pressure. Ms. Ritchie said it is low but is adequate. Mayor Pearson asked if they were originally assessed for 4 inch pipe. She said no, the county put it in at its cost. Council Member Smith clarified that there is not sanitary sewer being proposed. It is actually storm sewer being discussed. Richard Quinn commended City Administrator Zuleger on actions during past storm. He will not accept a new street with curbs at cost of $22,000. No one on street can afford it. He suggested that City simply install an asphalt overlay. Ray Strege 8808 36th St. asked that all lower cost options be considered and that residents can provide input. Gordon Johnson 8804 37 St. does not understand why curbs are needed. He also does not understand why water improvements are needed. He thinks that water pressure is fine. City Engineer Griffin explained the history of the improvement for this specific area. Many of the street improvements have been delayed He also explained the process and that much of the information is not known at this time. Most of the details are yet to be determined. City Administrator Zuleger explained that the City tried to get out ahead and meet with the residents prior to the feasibility study Council Member Nelson asked why 8 inch was being proposed and not a 4 inch pipe. Mr. Griffin explained that this was partially based on council input and the election to upgrade the infrastructure. Mr. Griffin explained that the oversize pipe is to prevent having to tear 50 year road base up to replace pipe at later date. A 4 inch pipe does not offer fire protection. The hydrants that are currently on street are flushing hydrants not protection hydrants. Pipes were put in 15-20 years ago by county. Gordon Johnson said to put in 8 inch pipes when sanitary sewer comes. 2. PROCLAMATION HUFF ‘N PUFF DAYS PROCLAMATION LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Page 3 of 8 Mike Slobodnik on behalf of the Lake Elmo Jaycees asked Council to proclaim August 7-10, 2014 Huff and Puff Days. Mayor Pearson read the proclamation. Mr. Slobodnik also asked the Council to approve the temporary liquor license request and waive the fees for the license and the field lights. 5. APPROVE TEMPORARY LIQUOR LICENSE FOR JAYCEES – HUFF ‘N PUFF DAYS MOTION: Council Member Smith moved TO APPROVE A TEMPORARY ON-SALE LIQUOR LICENSE ISSUED TO THE LAKE ELMO JAYCEES FOR THEIR HUFF N’ PUFF DAYS EVENT HELD AUGUST 7 THROUGH 10, 2014, SUBJECT TO APPROVAL OF THE DIRECTOR OF MN ALCOHOL AND GAMBLING ENFORCEMENT DIVISION, AND WAIVE BOTH THE $25 LIQUOR LICENSE FEE AND THE FEE FOR LION’S PARK BALL FIELD LIGHTING. Council Member Nelson seconded the motion. Mayor Pearson noted that the Jaycees are a big part of community. MOTION PASSED 4-0. Mike Slobodnik challenged City to rematch on softball field. FINANCE CONSENT AGENDA 3. Approve Payment of Disbursements and Payroll in the amount of $261,831.97 4. 2014 Street Improvements - Change Order No. 1 MOTION: Council Member Nelson moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Smith seconded the motion. MOTION PASSED 4-0. OTHER CONSENT AGENDA 5. Approve Temporary Liquor License for Jaycees – Huff ‘n Puff Days 6. Authorization for John Schiltz to Dispense Liquor at Lake Elmo Community Event on July 11, 2014 7. Approval of New Park Equipment for Pebble and Sanctuary Parks 8. Authorize Contract for Cleaning Services 9. AUAR Update; Resolution No. 2014-43 (postponed) 10. Hammes Shoreland Variance; Resolution No. 2014-52 (withdrawn) 11. Hunters Crossing Preliminary Plat; Resolution No. 2014-53 12. Eagle Point Medical Center Preliminary and Final Development Approval; Resolution No. 2014-54 13. Hammes Estates Preliminary Plat; Resolution No. 2014-55 14. Planning Commission Appointment 15. Encroachment Agreement – 9954 Tapestry Road MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Nelson seconded the motion. MOTION PASSED 4-0. ITEM 7: APPROVAL OF NEW PARK EQUIPMENT FOR PEBBLE AND SANCTUARY PARKS Council Member Smith explained why she wanted it pulled. She supports improvements, but she does not see inclusion of volley ball courts. Taxpayer Relations and Communications Coordinator Macleod explained that Pebble Park improvements were split into two phases. First phase includes some equipment and phase two includes volleyball courts and lighting. MOTION: Council Member Smith moved TO APPROVE THE EXPENDITURE OF NO MORE THAN $155,000 IN PARKLAND DEDICATION FUNDS FOR IMPROVEMENTS IN PEBBLE PARK AND SANCTUARY PARK. Council Member Reeves seconded the motion. Council Member Reeves commended Parks Commission and staff on work. The Commission created work plan and decided Pebble Park was at top of list for park improvement priorities. He urged anyone who is interested in knowing more about the parks attend the commission meetings- third Monday of the month. Council Member Smith asked if current equipment was maintainable. Aesthetically it needs to be repaired but structurally it is sound. Jaime Colemer who is the Public Works Parks Maintainer is trying various methods to paint the equipment. Park equipment vendor actually stated that the equipment is structurally sound and does not need replacement. MOTION PASSED 4-0. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Page 4 of 8 ITEM 11. HUNTERS CROSSING PRELIMINARY PLAT; RES. NO. 2014-53 Community Development Klatt provided summary of proposal. Proposal by Ryland Homes includes 51 units with 2.5 units per acre net density. Mr. Klatt summarized the recommended conditions of approval and draft findings. The Planning Commission unanimously recommended approval. Council Member Smith sought clarification on the 5th St improvements. Mr. Klatt explained that the City will not be on the hook for the improvements either through 100% assessment waivers or developer paid. It was also explained that the alignment of 5th street has been agreed upon. Council Member Reeves asked about timeline for public improvement project. Mr. Klatt explained that the agreement would be done before final plat. MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2014-53, APPROVING THE HUNTER’S CROSSING PRELIMINARY PLAT WITH 15 CONDITIONS OF APPROVAL. Council Member Reeves seconded the motion. Council Member Nelson does not see additional risk regarding the road due to the City’s waiver and assessment policy, but asked if it should it be an additional stipulation. Staff recommends that if council wishes, it can be added. Mr. Klatt stated that because the road is included in preliminary plat, staff assumes that it would be required. City Attorney Snyder does not see harm in adding stipulation, but it does provide Council Member Reeves confirmed that the council has another shot at approving the plans. It was confirmed that it will. Mr. Nelson asked if mayor would accept friendly amendment. Mayor Pearson accepted the friendly amendment. Council member Reeves agreed. FRIENDLY AMENDMENT TO MOTION REQUIRING PROVISION OF CONSTRUCTION OF 5TH STREET ADDED AS CONDITION #16. Council Member Smith asked Ryland for any example developments she can go look at. Tracy Rust from Ryland said she will email the council the list. MOTION PASSED 4-0. ITEM 12: EAGLE POINT MEDICAL CENTER PRELIMINARY AND FINAL DEVELOPMENT APPROVAL; RES. NO. 2014-54 Community Development Klatt provided summary overview of the proposed PUD development consisting of a 28,500 sq. ft. medical center located in the Eagle Point Business Park. Mr. Klatt summarized the recommended conditions of approval and draft findings. The Planning Commission unanimously recommended approval. Mark Davis from Davis group requested approval. MOTION: Council Member Reeves moved TO ADOPT RESOLUTION NO. 2014-54, APPROVING THE PRELIMINARY AND FINAL PUD PLANS FOR THE EAGLE POINT MEDICAL BUILDING. Council Member Nelson seconded the motion. MOTION PASSED 4-0. ITEM 13: HAMMES ESTATES PRELIMINARY PLAT; RES. NO. 2014-55 Community Development Klatt provided summary overview of the proposed development and the history of the submission. Proposal includes 163 single family homes. A key issue was the proximity to Goose Lake. Mr. Klatt summarized the recommended conditions of approval and draft findings. It was noted that the shoreland variance request was recommended for denial and the application for variance was subsequently withdrawn. The Planning Commission unanimously recommended approval. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Page 5 of 8 Council Member Reeves asked about Goose Lake extension. If the man made channel is closed off there is no adverse impact on park land. If it is not closed off, it actually improves the parkland situation. MOTION: Council Member Nelson moved TO ADOPT RESOLUTION NO. 2014-55, APPROVING THE HAMMES ESTATES PRELIMINARY PLAT SUBJECT TO 17 CONDITIONS OF APPROVAL. Council Member Reeves seconded the motion. Council Member Smith asked about size of buffer. It is 100 feet. Council Member Nelson commended staff and planning commission process. Council Member Reeves acknowledged that every development is going in next to something. He hopes that all parties can be reasonable in future discussions regarding this issue. Ms. Smith said she cannot vote for this due to the reduction of the larger buffers between it and Stonegate. She believes she has to stay consistent with past disapproval. Mr. Nelson likes the fact that a former gravel pit is being turned into a housing development. Mayor Pearson noted that there is a land use plan and the Planning Commission recommended unanimously. MOTION PASSED 3-1 (SMITH – NAY). Mayor Pearson commended the Planning Commission. They have been doing a great job. REGULAR AGENDA ITEM 16: 2015 STREET IMPROVEMENTS – AUTHORIZE FEASIBILITY REPORT; RES. NO. 2014-56 City Engineer Griffin provided summary overview of the proposed project and the impacted areas. Areas include Bordners Gardner Farmettes, Kenridge Addition, and Kelvin Avenue. Mr. Griffin explained the approval process and project schedule. Bordner Gardner Farmettes: opportunity to install municipal water to neighborhood. Proposal includes 47 benefitting properties. Street and storm sewer assessment estimated at $7,500. Water assessment estimated at $9,800. Kenridge Addition: Proposal includes 24 benefitting properties. Street and storm sewer assessment estimated at $8000; Water assessment estimated at $12,000. 4 inch water pipe was put in 20 years ago by Washington County. At the time, City declined to upgrade to an 8 inch. Kelvin Ave N.: 18 benefitting properties. Street and storm sewer assessment estimated at $5,000; Water assessment estimated at $12,000. 14 benefitting properties for water improvements. Council Member Reeves asked if the lower cost options can be included in the study. Mr. Griffin explained that the current road conditions do not provide the option of not doing at least a partial reconstruct. It was also explained that if the City does elect to do a lesser improvement, there are potential additional costs in maintenance. There is no way to guarantee the life of any road, however lesser improvements typically have lower lifespan. Some communities require residents who want lesser improvement to pay greater share of the improvement due to increased cost over the life of the street. Reeves not in favor of simply doing an overlay on any road that needs a reconstruct. He wants lower cost options researched. City Attorney Snyder asked Mr. Griffin if deferment options are a part of the presentation to residents. It is but it is residents responsibility to pursue those options. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Page 6 of 8 Ms. Smith asked if City can get into trouble by making exception here and not in future. Mr. Griffin explained that roads can fail due to traffic volume and weather. Our roads are low in traffic and failing due to weather and poor soil bases. Replacing the base is key. Replace the base with good soils and you will get a longer life road. Don’t replace it and the life is unknown due to the various factors such as weather. Mr. Snyder further explained that it does not create legal trouble for City, but it does create a precedent that will be brought up in each subsequent case. The Council needs to consider that during its policy determination. MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2014-56, ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE 2015 STREET AND UTILITY IMPROVEMENTS TO FOCUS IN THE NOT TO EXCEED AMOUNT OF $12,300. Council Member Reeves seconded the motion. Council Member Nelson does not see need for curb and improved water. He wants to direct Focus Engineering to give the options. Mayor Pearson believes City made mistake when it had the last opportunity regarding the water oversizing. He sees benefit in concrete curbs. He also recognizes individual council members will have to come to own conclusions regarding the benefits. Council Member Reeves has concern regarding the lack of fire suppression ability if the water is not upgraded. MOTION PASSED 4-0. MOTION: Council Member Nelson moved TO APPROVE A TASK ORDER NO. 1 TO HYDROMETHODS, LLC. FOR ENGINEERING SUPPORT SERVICES IN THE NOT TO EXCEED AMOUNT OF $3,192. Council Member Smith seconded the motion. MOTION PASSED 4-0. Council Member Nelson asked for point of privilege. Meeting recessed at 9:39pm. Meeting reconvened at 9:45pm. ITEM 17: OLD VILLAGE PHASE 1 STREET AND UTILITY IMPROVEMENTS – AUTHORIZE FEASIBILITY REPORT; RES. NO. 2014-57 City Engineer Griffin provided summary overview of the proposed project and the impacted areas. Mr. Griffin explained the project schedule. Future workshop will be needed. MOTION: Council Member Reeves moved TO APPROVE RESOLUTION NO. 2014-57, ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE OLD VILLAGE PHASE 1 STREET AND UTILITY IMPROVEMENTS IN A NOT TO EXCEED AMOUNT OF $20,700. Council Member Nelson seconded the motion. MOTION PASSED 4-0. ITEM 18: WILDFLOWER COMP PLAN AMENDMENT; RES. NO. 2014-46 Community Development Klatt provided summary of the proposed comp plan amendment and the proceedings surrounding the proposed development including the conditions set at the 6/17/14 Council meeting. The signed agreement between the RECO and FOSCII has been completed. The screening between the neighbors and the development has been agreed upon. Council Member Smith asked about the existing driveway and drainage issues in area. Mayor Pearson asked if the maintenance plans for the conservancy area has been determined. Mr. Klatt explained that the maintenance plan will need to be addressed by the preliminary plat approval. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Page 7 of 8 Developer Robert Engstrom noted the additional stormwater retention in Outlot O has been removed. Mr. Engstrom reminded Council that his proposal includes previous village planning and contains multiple amenities. He noted he is working with individual builders, not national builders. Richard Smith 11514 Stillwater Blvd. does not believe he should have to have negotiated his buffer in the first place. He requested to see the city records that removed the elimination of the buffer. He wants to know if there are legal issues as a result of the removal. Wants to know why it is still shown on current maps. Mr. Klatt explained the background of the buffer distance modification. The Planning Commission desired to address each development on individual basis. He read the current comp plan language regarding the buffers. Council Member Smith asked if Richard Smith has reached agreement with RECO. He said that he had. Mr. Smith said he is comfortable with the negotiations thus far, but does not understand why he had to negotiate anything in the first place. Council Member Reeves reiterated that the CPA was only to be done after the agreements reached and that is what is taking place. Bob Eichens 11614 Stillwater Blvd. reported Mary Jean Dupuis supports the accommodations Engstrom has agreed to. He appreciates amount of dialogue that has taken place. He also supports the proposal as currently addressed. Erik Aunen 4330 Lily Ave. asked that he be added to list of adjacent neighbors being consulted regarding buffering. He requests that screening be continued on north side of Outlot O to shield his view of the proposed Wildflower homes. It was determined that his property is over 650 feet from nearest proposed lot. John Hodler designated by FOSCII board to negotiate with RECO to add association to outlot easements title. He asked that those documents be completed prior to approval. Mr. Klatt clarified that the PUD Concept Plan approval already requires the easement agreements be completed. Council Member Nelson stated he wants the documents completed. City Attorney Snyder explained that technically completing the legal documents may not be possible prior to the comp plan amendment approval, but staff can inform Council when the agreements adequately meet Council’s expectations. Mr. Nelson also wants the landscaping plans in writing. Mr. Engstrom stated that he deliberately did not plan artificial tree buffers due to existing oak trees on north end of Outlot O. He also stated the 25 foot grade difference makes it impractical. Mayor Pearson expressed his remaining concern about the conservancy area maintenance plans. He would like to see a more definite plan. Council Member Reeves respectfully noted that in his opinion, Mr. Aunen’s situation is different than the other adjacent neighbors. MOTION: Council Member Nelson moved TO TABLE ITEM. Council Member Reeves seconded the motion. MOTION PASSED 4-0. STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: upcoming downtown/2015 budget assumptions workshop; third park neighborhood meeting at Pebble Park; possible special meeting on 7/22; noted that this is the wettest season on record. Suggested that Council reexamine OHWM level on Olson/Demontreville, find way to increase output of our lakes, and addressing the Eurasian Milfoil proliferation. Mr. Zuleger suggested that City use an outside expert to analyze issues. Mayor Pearson is open to discussing the outflow and milfoil issues but does not want to revisit the no wake debate at this time. LAKE ELMO CITY COUNCIL MINUTES JULY 1, 2014 Page 8 of 8 Mayor Pearson explained his reasoning for declaring emergency no wake decision on Lake Elmo. Council Member Smith reiterated her belief that the entire Council should be notified and included in important decisions. Council Member Reeves stated his support in relying on Mayor and administrator or staff determinations that are urgent in nature. City Attorney Snyder: no update Community Development Director Klatt: Savona final plat has been signed. Home construction should begin in next week or two; downtown market study will be brought to council soon. City Engineer Griffin: no report. Finance Director Bendel: no report. City Clerk Bell: Absentee voting for the 2014 State Primary Election has begun. Absentee ballots are now available at Washington County. Voters can also apply for absentee ballot online. The state website is linked on City website. Mayor Pearson adjourned meeting at 11:07 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk