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HomeMy WebLinkAbout10-07-2014 CCMLAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Page 1 of 7 CITY OF LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 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, Community Development Director Klatt, City Engineer Griffin, Assistant City Engineer Stempski, Finance Director Bendel, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA Item 4 was pulled for postponement. Council Member Nelson requested Item 18 be moved to beginning of Regular Agenda. Council Member Bloyer pulled Item 9 for discussion and asked it be moved to end of Regular Agenda. MOTION: Council Member Nelson moved TO APPROVE THE OCTOBER 7, 2014 CITY COUNCIL AGENDA AS AMENDED. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES Council Member Reeves had a correction. Council Member Smith had many changes she would like made. The 9/16 minutes and the process for making the corrections were discussed. City Clerk Bell asked that any substantial corrections be submitted to him in writing and the council can vote on each correction. MOTION: Council Member Bloyer moved TO TABLE THE SEPTEMBER 16, 2014 CITY COUNCIL MINUTES. Council Member Nelson seconded the motion. MOTION PASSED 5-0. COUNCIL REPORTS: Mayor Pearson: attended Public Safety Committee meeting; attended Washington County open house regarding Hwy 5 realignment meeting. Council Member Smith: received numerous calls from residents regarding density in approved developments. Read email from Rick Schallhorn. Several council members noted that they responded to Mr. Schallhorn; Ms. Smith asked to have council discussion regarding the recent “closing” of city hall vis-à-vis leased space. Council Member Smith has concerns regarding several issues that were related to political campaigns. City Attorney Snyder cautioned the Council that council meetings are not the appropriate forum to discuss campaign matters. Council Member Nelson: attended Public Safety Committee meeting; Youth Services Bureau is holding fundraising event on November 9. Residents can visit www.ysb.net for more info. Council Member Bloyer: reported his findings regarding his inquiry into funds transfers that took place in 2006. He asked that discussion regarding these transfers be placed on future agenda. Council Member Reeves: attended Parks Commission retreat. PRESENTATION: RECOGNITION OF DAVE MOORE’S SERVICE TO CITY Mayor Pearson recognized Dave Moore for his service to the City. Mayor Pearson read letter from Public Words Superintendent Bouthilet regarding all that Mr. Moore has done for the city. EDA APPOINTMENTS – LINDA LARSON & MARK GAERTNER MOTION: Council Member Bloyer moved TO APPROVE THE APPOINTMENTS OF LINDA LARSON AND MARK GAERTNER TO THE EDA. Council Member Smith seconded the motion. MOTION PASSED 5-0. PUBLIC COMMENTS/INQUIRIES Library Director Nate Deprey spoke about programming events during MEA. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Page 2 of 7 Susan Dunn, 11018 Upper 33rd St. N., again asked that citywide meeting be held to discuss issues. She is interested in learning more about the village drainage solutions at the planned Downtown Summit. Jay Johnson, 12153 Marquess Ln. N., (Council Member Smith’s husband), spoke about his concern that the Council does not follow the rules of civility while making important decisions for the city. As a resident, he believes he deserves better. He asked that the candidates who are running for city council ask themselves if someone else should take their place. He also asked that any employees who are not happy in job consider job change. Mayor Pearson responded he disagrees with much of what Mr. Johnson asserted, but Council is acting to protect the city from liability and minimize conflicts. Council Member Reeves stated that based on positive feedback he has received, he believes he has a duty to respond. The City has worked hard to bring civility to its relationships internally and externally. City Attorney Snyder noted that there are many issues that cannot be fully discussed in open meetings due to privacy restrictions despite the desire by some to do so, but the rules must be adhered to. He advised Council that because of the full agenda, Council should focus on that and address the staff/council relations another time. Council Member Bloyer took issue with the assertions that the current council is trying to transform the city into something undesirable. The council has painstakingly taken actions to protect the taxpayers. In response to assertions that the city is ignoring the MOU elimination, Community Development Director Klatt noted that the city is still under the previous density and population numbers until the 2040 Thrive numbers are finalized. FINANCE CONSENT AGENDA 5. Approve Payment of Disbursements and Payroll 6. 2014 Stormwater Assessments; Resolution No. 2014-78 7. Production Well No. 4 – Pay Request No. 8 MOTION: Council Member Bloyer moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 8. Encroachment Agreement – 5388 Marquess Trail 9. Volleyball Courts at Pebble Park [moved to end of agenda] 10. Ball Field Fencing at VFW and Reid Parks 11. Call for Public Hearing for Redevelopment Plan Proposed by the EDA; Resolution No. 2014-79 MOTION: Council Member Bloyer moved TO APPROVE THE OTHER CONSENT AGENDA AS AMENDED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 18: Sanctuary Park City Administrator Zuleger presented the background of the item. He explained the approval process and reason for delaying the installation of the playground equipment. Mr. Zuleger reported the City’s neighborhood survey. Council Member Bloyer asked how long it would take to install the park. Mr. Zuleger explained it would be done in the next couple weeks. Jed Bastyr, 11619 58th St. N., spoke in favor of the park. He hopes that the council quickly passes a resolution to approve the park. Pamela Chickett, 5711 Linden Ave. N., spoke in favor of the park despite not having any young children. When she moved in, it was known where the park would be located. There are many children who would use it. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Page 3 of 7 Carolyn Cary, 5701 Linden Ave. N., spoke in favor of the park. Also claimed there are many children who would use it. Asserted the park location was always known. Sarah Braunhausen, 11727 58th St. N., spoke in favor of the park. She looks forward to using the park with her children. Teresa Silvernale, 11751 58th St. N., spoke in favor of the park. Encouraged the city to move forward with the park. Britanni Prosser, 11784 56th St. N., spoke in favor of the park. Wants the park installed as planned. MOTION: Council Member Bloyer moved TO INSTRUCT PUBLIC WORKS DEPARTMENT TO BEGIN PARK INSTALLATION IMMEDIATELY AND DIRECT STAFF TO DO ANYTHING THAT CAN BE DONE TO EXPEDITE THE PROCESS. Council Member Nelson seconded the motion. Council Member Smith related the historical planning of the park. She clarified where the original location was planned according to the development file. She also explained her understanding of what was meant by “upper area” or “down below.” Ms. Smith was saddened that this issue divided the neighborhood. She wishes that the location option could have been explored further. Jan Sletten, 5734 Lily Ave. N., believes the pause was a great idea. She explained her interactions with the city officials and staff. She wishes that the neighborhood fighting had not taken place. Ben Backberg, 5693 Linden Ave. N., is disappointed in the council meeting behavior. He appreciates the city’s efforts in addressing difficult situation. He looks forward to park. Michelle Chickett, 5711 Linden Ave. N., served on the first homeowners group. Current site was always where park was planned to go. Mayor Pearson is glad that the park will be going in and believes it is the best spot available. MOTION PASSED 4-0-1 (SMITH – ABSTAIN). ITEM 12: MASSAGE THERAPY LICENSE; PUBLIC HEARING City Clerk Bell explained reason for public hearing. All new licenses require a public hearing. The applicants passed the background check with no issues. MOTION: Council Member Reeves moved TO OPEN THE PUBLIC HEARING. Council Member Nelson seconded the motion. MOTION PASSED 5-0. PUBLIC HEARING OPEN AT 8:08 pm. No public comments. MOTION: Council Member Bloyer moved TO CLOSE THE PUBLIC HEARING. Council Member Reeves seconded the motion. MOTION PASSED 5-0. PUBLIC HEARING CLOSED AT 8:08 pm. MOTION: Mayor Pearson moved TO APPROVE MASSAGE THERAPY PREMISE LICENSE FOR NIRVANA MASSAGE AND SPA, LLC, AND A MASSAGE THERAPIST LICENSE TO YUANFEN LIU AS PRESENTED. Council Member Bloyer seconded the motion. Council Member Reeves asked about the location and whether there have been any past issues with applicant. The business location was explained and there have been no past issues. MOTION PASSED 5-0. ITEM 13: 2015 STREET AND UTILITY IMPROVEMENTS – APPROVE FEASIBILITY REPORT AND ORDER PUBLIC HEARING; RES. NO. 2014-80 Assistant City Engineer Stempski presented the feasibility report and the various options for each area. The project covers three neighborhoods: Bordners Garner Farmettes, Kenridge Addtion, and Kelvin Avenue. Council Member Smith left the room at 8:15 pm. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Page 4 of 7 Increased shouldering was discussed as an alternate option as opposed to curb. The total estimated streets and watermain costs and respective shares were explained for each area, as well as the proposed assessments for each. Mr. Stempski also described the average age of the roads. As part of the Kenridge Addition improvements, upgrading the watermain size to provide fire service is suggested. Why the initial water line was not oversized to provide fire service was explained. It was initially part of a county project. Unfortunately the city does not possess detailed records on the initial project. Mr. Stempski presented the staff recommendations and requested council receive the feasibility report and call a public hearing. Geri Briheim, 8415 38th St. N., Bordner’s Garner Farmettes asserted that the natural drainage has been impacted. She is concerned about paying for the storm sewer but not getting sanitary sewer. Ms. Breheim was also concerned about the street thickness. Council Member Smith returned at 9:00 pm. The drainage situation was further explained. The installation of a watermain in a non-service designated area was discussed. Ray Strege (and wife Glenda) 8808 36th St N., spoke in opposition to the Kenridge Addition project. He is concerned that the feasibility report did not contain a low pavement subdrain free alternative. Mr. Strege summarized frost damage. Mr. Strege also asserted that garbage truck traffic had the most impact on the streets. The past flooding issues in the neighborhood were described. Mr. Strege stated that installation of an infiltration area at the location indicated could, once again, create situations in [their] home that are not decent, safe or sanitary and will render the house unfit for human habitation. [They] do not want to relive the flooding conditions of 20 to 40 years ago. He asked that council not hold the public hearing if project will not be done until 2017. Dave Moore, 8680 Stillwater Blvd., spoke on the life expectancy of the new street. Mr. Stempski stated that the goal is to have a 40 year street with the proper maintenance. Mr. Moore explained that if the subdrain system was eliminated as Mr. Strege argued for, the life expectancy would be drastically shortened. It was noted that geotechnical tests were conducted. Mayor Pearson requested a point of privilege at 9:20 pm. Meeting reconvened at 9:27 pm. City Administrator Zuleger explained the expenses that the city will incur with the infrastructure and redevelopment of downtown. The county moved up its Lake Elmo Ave. so that project will take up much of the city’s borrowing capacity. Council discussed postponing the public hearing and the impact on the feasibility study. The feasibility study is valid for six months. In order to call a public hearing after that time, the study would need to be updated. MOTION: Council Member Smith moved TO RESOLUTION 2014-80, RECEIVING THE FEASIBILITY REPORT. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 14: HAMMES ESTATES FINAL PLAT; RES. NO. 2014-81 Community Development Director Klatt provided summary of the proposed final plat by Hammes West LLC. Planning Commission approved unanimously with 16 conditions of approval. Critical issues include engineering concerns, DNR shore land compliance, Goose Lake Park design, and soil contamination remediation. Density for development is 2.4. There are no variances requested. Costs of Goose Lake improvements were explained. Brian McGoldrick, Hammes West, LLC, spoke about how the proposal did not try to fit in as many lots as possible. They really tried to focus on quality instead of quantity. They tried to be sensitive and respectful to Stonegate residents. He stated that staff is not easy on the developers. Staff has been very diligent and hardworking. The price point is in the range of low $400K to mid $800K. Council Member Reeves asked about the construction hours violations. Mr. McGoldrick apologized and said it would not happen again. Mr. Reeves stated he appreciated the efforts in compliance. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Page 5 of 7 It was explained that Ryland Homes was a major stakeholder in 70 of the lots, but the remaining lots were reserved for custom builders. MOTION: Council Member Reeves moved TO ADOPT RESOLUTION NO. 2014-81, APPROVING THE FINAL PLAT FOR HAMMES ESTATES WITH THE PROPOSED AMENDMENT TO CONDITION #13. Council Member Nelson seconded the motion. City Attorney Snyder noted that the final plat approval is contingent upon legal changes being completed. Council Member Reeves noted that it was appreciated that the lower density was proposed. Council Member Bloyer noted that the proposed homes are not low end homes. Council Member Smith asked Counsel if she could now vote for the final plat having voted against preliminary plat. Mr. Snyder explained that it was her personal decision. Ms. Smith explained how she was pleased with much of the proposal, but could not vote in favor of approval due to the reduction of the buffer to 100 feet. She wanted to stay consistent with previous vote. MOTION PASSED 4-1 (SMITH – NAY). ITEM 15: HAMMES ESTATES DEVELOPER’S AGREEMENT; RES. NO. 2014-82 Community Development Director Klatt provided summary of the proposed developer agreement. The developer did not have any objections. Council Member Bloyer asked for the project security to be further explained. Mr. Klatt explained that the security is broken down for each improvement plus 25%. If the developer does not complete the development, the city is then entitled to use those funds to complete the development. Any reductions in the security require developers to meet specific criteria and progress benchmarks. The amount of escrow used for planning is approximately $18,000. It was noted that the taxpayer is not expected to pay for any of the development other than utility over-sizing the city chooses to do. MOTION: Council Member Nelson moved TO ADOPT RESOLUTION 2014-82, APPROVING THE DEVELOPER’S AGREEMENT FOR HAMMES ESTATES 1ST ADDITION. Council Member Reeves seconded the motion. Council Member Nelson noted the City is doing the right thing to protect the residents. MOTION PASSED 5-0 ITEM 16: HUNTER’S CROSSING DEVELOPER’S AGREEMENT; RES. NO. 2014-83 Community Development Director Klatt provided summary of the proposed developer agreement. The agreement updates were presented. Sections 22 (park fees), 25 (street light fee), 28 ((d) city payment of $32,324.000 for over-sizing watermain; (c) indemnification), 35 (construction costs), 36 (security reduction), and 37 (park dedication and street lighting fee added to city payments list). Council Member Smith asked that the final agreement be sent to council after the updates are completed. Council Member Reeves asked about buffering. Mr. Klatt said that there have been discussions with the affected property owner. MOTION: Council Member Nelson moved TO ADOPT RESOLUTION 2014-83, APPROVING THE DEVELOPER’S AGREEMENT FOR HUNTERS CROSSING WITH THE CHANGES AS PRESENTED BY STAFF AND HAVING DEVELOPER PAY FULL WACS UPFRONT WITH BALANCE AT COMPLETION OF PROJECT. Council Member seconded the motion. MOTION PASSED 5-0 City Administrator Zuleger noted that staff has enjoyed working with the developers. ITEM 17: SAVONA 1ST AND 2ND ADDITION ASSESSMENT REALLOCATION LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Page 6 of 7 Community Development Director Klatt presented. Zuleger noted that the reallocation of the assessments, the assessments may be paid sooner than the 15 year assessment. The benefits of reallocating it to the platted lots versus at final plat were discussed. That would allow the City to pay down debt sooner. Staff stated that they found many communities commonly do it this way. City Attorney Snyder said he is more familiar with the assessment at final plat. Council Member Smith concerned about a downturn in market posing potential problems. Mr. Klatt explained the proposed reallocations for each parcel. It was also explained that because of the already approved assessment agreements, these specific assessments will be reallocated regardless of council action. Finance Director Bendel noted that the reallocation only affects the remaining 14 years of assessment as the first year is already paid. Council Member Reeves asked for further clarification as to what the benefit is to the city. Mr. Klatt explained again that the first addition already has an assessment agreement. By requiring the payments up front, there is a risk of reluctance by developers to bring forward a final plat due to large payment due. Mayor Pearson noted that the development at Rockpoint Church may have produced at least some payments instead of nothing at this point. The council discussed the pros and cons of the assessment timing. MOTION: Council Member Nelson moved TO DENY THE REALLOCATION OF ASSESSMENTS AGAINST CERTAIN LOTS WITHIN THE SECTION 34 UTILITY PROJECT AREA AS FURTHER DESCRIBED IN EXHIBIT “A” AS ATTACHED TO THE STAFF REPORT. Council Member Smith seconded the motion. Council Member Nelson is in favor of assessing at final plat in order to 1) set the precedent for other developments, and 2) protect the taxpayers up front. Mr. Klatt explained that the developer brought this request forward. Council consensus direction is to collect at final plat. Mayor Pearson would prefer to table this issue and come back with more information. MOTION PASSED 4-1 (PEARSON – NAY). ITEM 9: VOLLEYBALL COURTS AT PEBBLE PARK MOTION: Council Member Bloyer moved TO DENY THE EXPENDITURE OF NO MORE THAN $28,000 IN PARKLAND DEDICATION FUNDS FOR THE PURCHASE AND CONSTRUCTION OF A VOLLEYBALL COURT IN PEBBLE PARK. Council Member Smith seconded the motion. Council Member Bloyer explained why he is opposed to the proposal. He does not believe the location is proper or that the demand justifies the improvement. City Administrator Zuleger noted the increase in area volleyball activity and the benefits of sand courts being used. Staff also expects the cost to be lower due to in-house and volunteer help on installation, as well as less expensive sand. Council Member Smith thinks the courts should be located downtown and near local businesses. Council Member Nelson wants the courts in or near the expanded Reid Park. He also does not see the demand. Council Member Reeves supports the request. Parks Commission has fully vetted this issue. The Commission is concerned about downtown due to space and use limitations and uncertainty. The Commission is also looking for alternative recreational opportunities for youth. Mr. Bloyer asked about the status of the Sunfish Lake Park task force. It was explained that the task force is not as far as it wishes in part to the land trust limitations. Mayor Pearson is supportive of the addition of courts, but is concerned about the cost and location. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 7, 2014 Page 7 of 7 MOTION PASSED 4-1 (REEVES – NAY) STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: Planning Commission is having workshop on 10/13/2014 to discuss density; on 10/14/2014, City will be holding a downtown summit/workshop; on 11/6 area prayer breakfast is being held at Prom Center. City Attorney Snyder: no update Community Development Director Klatt: Planning staff attended State Planning Conference; Mr. Zuleger explained Humphrey Institute solicited nomination on local government innovation award for City’s development practices. City Engineer: 2014 street improvements are wrapping up. Finance Director Bendel: working on collecting assessments, statistical reports, 2015 budget, and cash flow model for sewer. City Clerk Bell: no report. Mayor Pearson adjourned meeting at 11:16 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk