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HomeMy WebLinkAbout07-15-2014 CCMLAKE ELMO CITY COUNCIL MINUTES JULY 15, 2014 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES JULY 15, 2014 Mayor Pearson called the meeting to order at 7:01 pm. PRESENT: Mayor Mike Pearson and Council Members Wally Nelson, Anne Smith, Justin Bloyer, and Mike Reeves 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 Council Member Nelson requested that Items 6 and 13 be pulled from Consent for discussion. Council Member Reeves requested Item 3 be pulled. Council Member Smith requested Item 5 be pulled. MOTION: Council Member Nelson moved TO APPROVE THE JULY 15, 2014 CITY COUNCIL AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES THE JULY 1, 2014 CITY COUNCIL MINUTES WERE APPROVED AS AMENDED BY CONSENSUS OF THE CITY COUNCIL. COUNCIL REPORTS: Mayor Pearson: Appoint Anne Cohen to EDA. Mayor Pearson noted that the Finance Committee is looking for one more candidate, HR committee is looking for one more candidate, Planning Commission is looking for one more candidate; Library Board is looking for two more members; attended third neighborhood meeting at Pebble Park ; attended library meetings; attended Gateway Corridor meetings. There will be a future council discussion on the matter. Council Member Smith: no report. Council Member Nelson: attended Finance Committee meeting and addressed the 2015 budget; rode with a resident who has a background in street construction to view the streets that are planned for the 2015 Street Improvement project. Council Member Bloyer: Provided input on some previously discussed items: has some concerns regarding the consensus plan adopted by village workgroup; he has evolved in his opinion on the need of concrete curb and gutter in rural areas; agrees that the water levels of Lake Elmo lakes looked at to see if there is any way to lower them; however, the lake level policy should not be changed midseason; the DNR sent a letter stating that the damage done to manmade items along the shore, such as sod, retaining walls, fire pits, etc., is not considered erosion damage to natural shoreline. Council Member Reeves: attended Gateway Corridor meeting; acknowledged the Rotary Club, staff and everyone to helped in the successful street dance. PUBLIC COMMENTS/INQUIRIES FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $690,040.67 3. Accept Financial Report dated June 30, 2014 4. Accept Building Report dated June 30, 2014 5. Accept City Assessor Report dated June 30, 2014 6. Lake Elmo Ave Sewer Infrastructure Improvements: I-94 to 30th Street – Compensating C.O. No. 6 7. Lake Elmo Ave Sewer Infrastructure Improvements: I-94 to 30th Street – Pay Estimate No. 8 (Final) 8. Section 34 Water & Sewer Utility Extension Improvements – Compensating C.O. No. 3 9. Section 34 Water & Sewer Utility Extension Improvements – Pay Estimate No. 6 (Final) LAKE ELMO CITY COUNCIL MINUTES JULY 15, 2014 Page 2 of 6 10. Well No. 4 Connecting Watermain Improvements – Pay Request No. 3 11. Production Well No. 4 – Pay Request No. 7 12. Pumphouse No. 4 Improvements – Pay Request No. 2 13. Investment Policy MOTION: Council Member Reeves moved TO APPROVE THE FINANCE CONSENT AGENDA AS AMENDED. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 3: ACCEPT FINANCIAL REPORT DATED JUNE 30, 2014 Council Member Reeves asked for a quarterly report on financial trends to increase transparency. MOTION: Mayor Pearson moved TO ACCEPT THE FINANCIAL REPORT DATED JUNE 30, 2014. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 5: ACCEPT CITY ASSESSOR REPORT DATED JUNE 30, 2014 Council Member Smith explained that she intended to pull Item 4 for discussion and not Item 5. She questioned the need to increase building department staff when the number of new homes being built has actually less than previous years. Because this item had already been passed as part of Consent Agenda, there was no debate. MOTION: Council Member Smith moved TO ACCEPT THE ASSESSOR’S REPORT DATED JUNE 30, 2014. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 6: LAKE ELMO AVE SEWER INFRASTRUCTURE IMPROVEMENTS: I-94 TO 30TH STREET – COMPENSATING C.O. NO. 6 It was explained that the lift station access driveway was not being built at this time due to the current topography. The resulting surplus funds should be held in the enterprise fund and earmarked for future construction of the access driveway. MOTION: Council Member Nelson moved TO APPROVE COMPENSATING CHANGE ORDER NO. 6 FOR THE LAKE ELMO AVENUE INFRASTRUCTURE IMPROVEMENTS: I-94 TO 30TH STREET, THEREBY DECREASING THE FINAL CONTRACT AMOUNT BY $59,982.54, SETTING THAT ASIDE IN AN EARMARKED FUND FOR A DRIVEWAY PROJECT ASSOCIATED WITH THIS PROJECT FOR UP TO TWO YEARS. AFTER TWO YEARS, IF THE DRIVEWAY PROJECT IS NOT COMPLETED, THE MONEY WOULD BE USED FOR DEBT SERVICE. Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 13: INVESTMENT POLICY MOTION: Council Member Nelson moved TO ACCEPT THE LAKE ELMO INVESTMENT POLICY AS AMENDED BY REMOVING SECTION NINE OF THE POLICY. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 14: EASTON VILLAGE PRELIMINARY PLAT; RES. NO. 2014-58 Community Development Klatt provided summary of proposal. Proposal by Easton Village LLC includes 98.47 acres consisting of 217 single family units with 2.5 units per acre net density. Mr. Klatt summarized major issues including storm water management, Village Parkway, Lake Elmo Airport, Village sewer line and Manning Ave. access. Staff recommends the access to the development from Manning Ave until the Village Parkway is completed be only temporary. He also summarized the recommended 21 conditions of approval and 4 draft findings. The Planning Commission unanimously recommended approval. Who comprised the unanimous vote was discussed. Mr. Klatt will obtain the specific headcount and provide it. The drainage and stormwater management conditions were discussed. The proposal meets the City’s standards. City Engineer Griffin further explained the requirements for council. LAKE ELMO CITY COUNCIL MINUTES JULY 15, 2014 Page 3 of 6 Tom Wolter, developer for the project, asked for 5 year duration after final plat for Manning Ave. access. Council inquired how they can address the temporary access issue. Todd Erickson addressed the drainage and grading conditions as well as the temporary access. The costs associated with street/signal lights and the railroad crossing were discussed with the applicant. City Attorney Snyder advised that adding additional clarifying language does enhance the City’s position. Mr. Wolter was reluctant to include language regarding the crossing as the current plat does not include it. Mr. Snyder noted that the crossing is inevitable, so it is appropriate to address. MOTION: Council Member Nelson moved TO ADOPT RESOLUTION NO. 2014-58, APPROVING THE EASTON VILLAGE PRELIMINARY PLAT WITH 15 CONDITIONS OF APPROVAL. Council Member Reeves seconded the motion. The council discussed adding language regarding the timeframe for the temporary access. Mr. Snyder recommended using the most restrictive language as it is easier to open it up later. The converse is not true. Mr. Nelson offered a friendly amendment that the “TEMPORARY ACCESS IS GRANTED FOR FIVE YEARS FROM FINAL PLAT APPROVAL.” This language was changed upon advice of counsel that “THE COUNCIL WILL ESTABLISH THE TIME FRAME AT FINAL PLAT APPROVAL.” For condition #14, THE COSTS ASSOCIATED WITH THE RAILROAD CROSSING SHALL BE BORNE BY THE APPLICANT UNLESS OTHERWISE PERMITTED IN A SUBSEQUENT COUNCIL RESOLUTION” was added. Condition #22 was added regarding the 30th Street and Manning Ave. intersection that included the language similar to #14 and added: THE COSTS ASSOCIATED WITH SIGNALIZATION AT INTERSECTIONS SHALL BE BORNE BY THE APPLICANT UNLESS OTHERWISE CHANGED BY A SUBSEQUENT COUNCIL RESOLUTION.” Council discussed how much of the costs this applicant should bear. It was noted that other parties will likely have to pay a share of these costs as they also will be causing the impact. Council consensus was adamant that the drainage issues be addressed before final approval. Council Member Smith explained her concerns about the proposal not matching the 2007 Old Village Master Plan design, the area drainage, the uncertainty of who the builder will be. She wants the entire Village area to seem more fluid. Council Member Bloyer voiced his approval of what is being proposed in the Village area. He said the opportunity to further control what was being proposed, in regards to larger lots, has passed. Now they must move forward. Council Member Reeves took issue with any accusations that the current council doesn’t want development to be special or unique. Council Member Nelson noted that the decision should be about land use. If the proposals meet the land use standards, the proposal should be approved. He also voiced his frustration with past planning expenses that are still being paid off. Ms. Smith explained that she wants potential developers to consider the work that has been done in devising what the City designed for the Old Village area. Mayor Pearson noted that the proposal meets the land use plan. The current proposals appear to be quality developments, and there is infrastructure that needs to be paid for, which these developments achieve. Not responding to these plans places the City at greater risk. MOTION PASSED 4-1 (SMITH – NAY). Council Member Smith left the room at 8:40pm. ITEM 15. VILLAGE PRESERVE PRELIMINARY PLAT; RES. NO. 2014-59 Community Development Klatt provided summary of proposal. Proposal by GWSA Land Development, LLC (Gonyea) includes 39.8 acres consisting of 97 units with 2.64 units per acre net density. Stormwater management is a critical issue. There are ongoing collaborative efforts between the applicants, Robert LAKE ELMO CITY COUNCIL MINUTES JULY 15, 2014 Page 4 of 6 Engstrom Companies and Valley Branch Watershed District regarding this issue. Parkland dedication and sanitary sewer are other critical issues that are being addressed. Mr. Klatt summarized the recommended 13 conditions of approval and draft findings. The proposal meets all land use plans. The Planning Commission recommended approval. It was confirmed that the stormwater management issues are being worked out with the property to the north. Dave Gonyea addressed the stormwater management. MOTION: Council Member Reeves moved TO ADOPT RESOLUTION NO. 2014-59, APPROVING THE VILLAGE PRESERVE PRELIMINARY PLAT SUBJECT TO 13 CONDITIONS OF APPROVAL. Council Member Bloyer seconded the motion. MOTION PASSED 4-0. Council Member Smith returned at 8:59pm. ITEM 16: HOLLIDAY PROPERTY COMPREHENSIVE PLAN AMENDMENT; RES. NO. 2014- 60 Community Development Klatt provided summary of proposal. Proposal by GWSA Land Development, LLC (Gonyea) includes changing 14.85 acres of RAD – Rural Area Development to V-LDR (1.5-2.49 units per acre) for area where 26 single family homes will be placed as part of the Village Preserve. Staff finds the completion of the collector road is the most important consideration of the Comp Plan Amendment. The overall village density was confirmed to be between 900-1100 units and the current expectation is that it will be lower than that. The McCleod property will be screened or buffered. Dave Gonyea noted that without the amendment, the property is undevelopable. He also addressed the stormwater management and parkway/sewer line. The expected build out is 2-4 years. Steve DeLapp 8468 Lake Jane Trail, spoke about Village density. His concern is that the already approved developments are already near the total target density. Anne Bucheck 2301 Legion Ave. N. spoke about the Village water problems. She suggested going back to previous rate and volume rules the City recently amended. Mayor Pearson asked about the issues with the Greenbelt. Mr. Klatt explained that the Planning Commission recommended that the Greenbelt issues be addressed on individual basis. Mr. Gonyea confirmed that he believes his current proposals will alleviate Village drainage and not make it worse. It was noted that the Village was originally developed before there were drainage rules. Ms. Smith asked about how the peripheral developments would affect the center density of the Village. Mr. Klatt stated that the current proposals do fit within the land use plans. He went on to clarify that is unlikely that the current VMX planned areas will build out as guided. MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2014-60, APPROVING THE HOLLIDAY PROPERTY COMPREHENSIVE PLAN AMENDMENT SUBJECT TO 2 CONDITIONS OF APPROVAL. Council Member Reeves seconded the motion. Council Members Bloyer, Reeves, and Nelson all acknowledged that they were impressed with the coordination and cooperation in making the developments work within the Village. MOTION PASSED 5-0. Mayor Pearson asked for point of privilege. Meeting recessed at 9:38pm. Meeting reconvened at 9:43pm. ITEM 17: VILLAGE PRESERVE SOUTH SKETCH PLAN Community Development Klatt provided a summary of sketch plan proposal. Proposal by GWSA Land Development, LLC (Gonyea) includes 64 acres consisting of 104 single family units. The 15.77 acres east of Reid Park will be dedicated to the City. Mr. Klatt explained the next steps in the process. No formal action requested. The width of the proposed trail was clarified. The standard is 8 feet wide. The development trails do have potential to tie into the regional trail plan. LAKE ELMO CITY COUNCIL MINUTES JULY 15, 2014 Page 5 of 6 Dave Gonyea stated that he would like larger lots if there was different zoning, but can accommodate the mixed sizes. NEW BUSINESS ITEM 18: FUTURE OF LAKE ELMO LIBRARY Mayor Pearson explained his reason for bringing this to council. He would like the Council’s input on what situation would take place where they council see the City rejoining the County system. The legal Maintenance of Effort was asked for. Staff will obtain and provide details of the MOE for Council. Steve Linder described the importance of the library use by the Boy Scouts for meetings. He is concerned about the ability the use the facility if the County takes it over. Karen Johnston spoke about the various programs the library offers. She is concerned that the programs and services would be discontinued if the County takes it over. Paul Ryberg spoke about the how the library can be beneficial to the business community as a business resource. Anne Bucheck wants the library to be the same as the Stillwater and Bayport libraries as an Associate Library. Judy Gibson concerned about losing control of the library if the County takes over. Increased collaboration would be good but not at the expense of losing control. Sarah Linder stated that the Board has no desire to “go back” to the County system; however, the Board does desire to become an Associate Library. Ms. Linder explained all her concerns with County control. She also noted how the Lake Elmo library has met all the criteria that were set out by the County to re-affiliate with the system as an independent library. The issue of residents being able to access County resources was discussed. The related recent JPA proposal that the Mayor had brought to the Board was discussed. The Board has several concerns with the proposal. Marjorie Williams spoke about the federated system in the Arrowhead region. Council Member Smith noted that she had initially voted against leaving Washington County but due to the success, she has had a change of heart. She really likes the library now and thinks it is an important part of downtown. She does not see the issue of rejoining the County as simple. She wants to make sure that any re- affiliation maintains local control. Mr. Reeves noted that the biggest issue he has received is convenient access to County resources. Other issues that were brought up were hours, volunteers, and cost. The proposed JPA was further discussed. It would not allow the residents to access other counties’ resources. The biggest concern with the JPA was the expense of an open number of cards to residents. There has not been a formal response from the Board in regards to the JPA. Ms. Smith wants the Board to negotiate with the County, not the Mayor. Council Member Nelson is in favor of having the Council involved in finding a win-win scenario. Council Members Reeves, Bloyer and Nelson are in favor of the Mayor and Mr. Reeves working with the County. Mr. Reeves implored the Board to work with the Council to coordinate any discussions so there is a unified voice. Ms. Smith also wants to be included in the discussions. City Attorney Snyder stated that anyone can speak to the County. He also LAKE ELMO CITY COUNCIL MINUTES JULY 15, 2014 Page 6 of 6 declared that any meeting that included three council members would have to be and open meeting and publicly noticed. Rosemary Meier noted that the public who come to the library love it. Assistant Administrator Bell noted that almost every person who requests reimbursement asks when the City will be rejoining the County. Mayor Pearson adjourned meeting at 11:10 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk