Loading...
HomeMy WebLinkAbout08-05-2014 CCMLAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 Page 1 of 4 CITY OF LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 Council conducted Planning Commissioner interview prior to regular council meeting. Mayor Pearson called the meeting to order at 7:00 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, Assistant City Attorney Brekken, City Planner Johnson, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Dean explained the reason for postponing items 12 & 13 until August 19, 2014. The city is still waiting to receive a couple documents due to scheduling conflicts and waiting for Valley Branch Watershed District action. MOTION: Council Member Bloyer moved TO APPROVE THE AUGUST 5, 2014 CITY COUNCIL AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES - No minutes were submitted for approval. COUNCIL REPORTS: Mayor Pearson: attended Library Board meeting. Library Board is interviewing director candidates; attended Stonegate neighborhood meeting; met with property owner to discuss leasing space for City; attended Gateway Corridor meeting; met with 39th St. Property owners; attended Parks Commission meeting; Mayor Pearson directed staff to add item to future agenda regarding managing a council member’s communication with staff, perhaps at next council meeting. Council Member Bloyer: no report. Council Member Reeves: attended Parks Commission meeting; attended a few library board meetings and will be participating in second round of interviews; attended Stonegate neighborhood meeting. Mr. Reeves congratulated staff on the successful meetings. Council Member Smith: no report. Council Member Nelson: met with Library Board members to discuss finances and upcoming budget. He also attended a Library Board meeting; Mayor Pearson appointed Judy Gibson to the Library Board with no Council opposition; Mayor Pearson also announced that he will be stepping down from the Board. Council Member Bloyer will be replacing him on the Board. There was no Council opposition. PUBLIC COMMENTS/INQUIRIES Library Board President Sarah Linder spoke about the upcoming events at the library. Library Summer Reading program was a success with increased participation. She thanked the donors who helped make it a success. Library Board Member Paul Ryberg also spoke about the library. If any new Board members have any questions, contact him. City Administrator Zuleger read into the record two letters to the city submitted by Sue Dunn. Letters are available upon request. FINANCE CONSENT AGENDA 1. Approve Payment of Disbursements and Payroll 2. Lake Elmo Avenue Sewer Infrastructure Improvements: I-94 to 30th Street – Corrected Compensating C.O. No. 6 LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 Page 2 of 4 3. Lake Elmo Avenue Sewer Infrastructure Improvements: I-94 to 30th Street - Corrected Pay Est. No. 8 4. 2014 Seal Coat Project - Pay Estimate No. 1 (FINAL) MOTION: Council Member Nelson moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Smith seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 1. Encroachment Agreement – 11679 58th Street N 2. Encroachment Agreement – 5734 Lily Ave 3. Village AUAR Update; Resolution No. 2014-43 4. Joint Trench Right-of-way Fee Amendment; Ordinance 08-114 MOTION: Council Member Reeves moved TO APPROVE THE OTHER CONSENT AGENDA AS PRESENTED. Mayor Pearson seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 11: APPROVAL FOR VOLLEYBALL COURTS IN PEBBLE PARK Taxpayer Relations and Communications Coordinator MacLeod presented the reason for the request. After the recent improvements approval, the Parks Commission desires to add this feature now. Council Member Bloyer asked about the need for two courts as opposed to one. The original plans that have been developed over a few years included two courts, and the research found that in order to hold tournaments, two courts are needed. Council Member Smith asked why locate the courts in a small neighborhood park as opposed to a more centralized area, and why now? Ms. MacLeod explained that space was an issue, and with the new improvements, Pebble Park is expected to become more of a destination park. Ms. Smith also asked if the residents who attended the neighborhood park meeting were opposed or in favor of the volley ball courts? Ms. MacLeod explained there was some support but no opposition. There were requests for pickleball courts. Council Member Nelson asked if this was the best location. There was discussion about whether this was the best location for these courts. Whether additional amenities were needed to drive use was discussed. Council Member Reeves also noted that this has been on the park planning for some time. Ms. Smith suggested Reid Park might be a better option with the anticipated expansion of Reid Park. It was explained that there are plans for the Reid expansion, but Pebble Park was first in the queue for upgrading. It was explained that the addition of a Lions Park court has not been discussed as an option to Ms. MacLeod’s knowledge. MOTION: Council Member Bloyer moved TO DENY THE EXPENDITURE OF NO MORE THAN $20,000 IN PARKLAND DEDICATION FUNDS. Council Member Smith seconded the motion. Council Member Bloyer questioned why Lions Park was not considered for adding one more court. Council Member Smith questioned the assertion of space. She wants more research done. Ms. MacLeod noted that the park audit was done in fall of 2013 and this was in part based on that research. Council Member Reeves supports the courts, but suggested that if the item is sent back to Parks Commission, include the direction to further consider the location issue. The costs were discussed. Council Member Nelson questioned the demand, location, and costs. He would like the Parks Commission to further review the item. Mr. Bloyer rescinded his motion MOTION: Mayor Pearson moved TO REFER THIS ITEM BACK TO THE PARKS COMMISSION FOR FURTHER CONSIDERATION OF THE COUNCIL’S CONCERNS. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 14. RAD-ALT COMPREHENSIVE PLAN AMENDMENT; RES. NO. 2014-64 LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 Page 3 of 4 City Planner Johnson provided overview of the comp plan amendment and the background of the request. Mr. Johnson also explained the RAD–ALT category. It was noted that the removal of this land use category will have no impact on meeting density targets. Mr. Johnson explained that the Planning Commission recommended one additional finding regarding the 2040 Thrive projections being met with the elimination of this land use category. Council Member Smith asked for clarification on parcel sizes. She asked if the city has received any proposals. Staff responded that they are aware of proposals being discussed, but planning staff has not received any submissions to date. The issue of other parcels that do not meet the minimum development standards was discussed. City Administrator Zuleger noted that the City has received several inquiries from property owners who would like to subdivide their land, but do not have the minimum acreage under current ordinance. Council Member Reeves asked about the future development potential of the subject parcels. Mr. Johnson explained that the current OP category is being reviewed for revision. The supermajority exception for the OP developments was explained. Mayor Pearson asked about staff recommendation in 2010 when the last parcel was changed. Mr. Johnson said staff’s recommendation was to oppose it at the time. Ms. Smith asked when the 50% open space rule apply to RAD-ALT. Mr. Johnson explained the OP Rules applied to RAD-ALT. Ms. Smith claimed that the current RAD-ALT intent was to allow half-acre lots. She did not recall when that changed that it was explained to Council. The application of the RAD rules to the subject properties was discussed. The comp plan language was provided, which confirmed the OP rules application to RAD-ALT. Mick Lynskey spoke on behalf of the Green family who could not attend. The Green’s hired him after the senior housing and farm school failed to develop. He suggested that changing the zoning would be considered a taking. He asked that the previous allegation of spot-zoning not impact the current zoning. Larry Weiss, 9302 Stillwater Blvd., asserted that most of the surrounding neighbors do not want the classification. He asked Council to change the zoning back to RAD. Terry Emerson, 2204 Lincoln Lane N., wants two building spots on the 9 acre portion of his property. He explained the nature of his property. The drainage issues were discussed. Mr. Johnson clarified the OP standards. Mr. Emerson said that he had met with staff to discuss developing his land. Ed Neilson, 9498 Stillwater Blvd., supports changing the parcels back to RAD. MOTION: Council Member Smith moved TO DENY RESOLUTION NO. 2014-64, AMENDING THE COMPREHENSIVE PLAN TO ELIMINATE THE RAD-ALT FUTURE LAND USE CATEGORY FROM THE FUTURE LAND USE MAP AND AS REFERENCED IN OTHER PORTIONS OF THE PLAN AND TO CHANGE ALL PARCELS THAT ARE CURRENTLY GUIDED AS RAD-ALT TO RAD. There was no second. MOTION FAILS FOR LACK OF SECOND MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2014-64 AMENDING THE COMPREHENSIVE PLAN TO ELIMINATE THE RAD-ALT FUTURE LAND USE CATEGORY FROM THE FUTURE LAND USE MAP AND AS REFERENCED IN OTHER PORTIONS OF THE PLAN AND TO CHANGE ALL PARCELS THAT ARE CURRENTLY GUIDED AS RAD-ALT TO RAD. Council Member Reeves seconded the motion. Council Member Bloyer struggles with this decision. While he respects property rights, he is concerned about the proper zoning. Council Member Smith stated that councils are allowed to amend comp plans. This was done by the previous Council. She asserted that the City gave the owners property rights and changing it would be a taking. She also explained why she did not believe the previous rezoning was not a case of “spot-zoning.” City Attorney Snyder explained the legal description of spot-zoning and down-zoning or taking. Because no action by the owners has been taken, such as a preliminary plat approval, there are no vested property rights; therefore this would not constitute a legal taking. Changing the zoning is a policy decision that the Council must consider. LAKE ELMO CITY COUNCIL MINUTES AUGUST 5, 2014 Page 4 of 4 Ms. Smith asked if the 3M property could be done by itself. Mr. Bloyer said it would be worse if done by itself. Council Member Reeves believes the properties are all different. The Friedrich property applicants were given time to develop under rezoning, but nothing has come about. Because that expired, the property should be changed back. The other two parcels are different as they were done for different reasons. Council Member Nelson struggles as well with the decision. Mr. Johnson further explained the impact of the change on the properties. Mr. Nelson, despite his reluctance to reduce the development options for the parcels under RAD, he would support changing them back to RAD. Mayor Pearson concedes this decision causes “heartburn” for him as well, but he wants to stick to the facts before them as there are no current submitted proposals. He does not believe this is a taking. He questions whether the RAD-ALT category makes sense. That is the basic question before the City. The Planning Commission believes it does not, and he supports that sentiment. Ms. Smith reiterated the importance of respecting property rights. Mr. Zuleger noted that staff is committed to re-evaluating the land use classifications following the finalization of the 2040 Thrive projections. Mayor Pearson challenged the accusations of unethical actions by reducing the zoning. Mr. Snyder clarified that the decision is a policy decision and not a moral or ethical decision. Mr. Bloyer is glad that these density discussions are being had. MOTION PASSED 4-1 (SMITH – NAY). STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: staff working on developments; Easton Village & 39th St. will be brought to Council on August 19th as well as a possible 5th St. petition; staff has been working very hard on 2015 budget and CIP; working on Public Works operations efficiency; 9447 Stillwater Blvd. clean up efforts involved suspect of recent law enforcement officer shooting. Cleaning up that property issue locally may have helped the community avoid a similar tragedy. City Attorney Snyder: working on 39th St. project documents; he thanked Council and staff for their efforts. City Planner Johnson: plans have been moving forward regarding the Lake Elmo Ave. and Manning Ave. projects. Those projects will be coming forward soon. It was confirmed that the resident concerns regarding trees on Lake Elmo Ave. has been brought to the county’s attention. Finance Director Bendel: no report. City Clerk Bell: Elections: Public Accuracy Test tomorrow at 1PM here in chambers. Next Tuesday, November 12th, State Primary Election from 7:00AM to 8:00PM. City Council Candidate filing period closes on Tuesday, August 12th at 5PM. City Council Candidate withdrawal deadline is Thursday, August 14th at 5:00pm. City currently has received three candidate filings thus far. For more information, please contact City Hall; Due to election, Council is reminded that the next workshop will be held Wednesday, August 13, 2014. Council Member Nelson asked that a draft agenda be sent as soon as possible. Mayor Pearson adjourned meeting at 9:00 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk