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HomeMy WebLinkAbout12-02-2014 CCMLAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2014 Page 1 of 6 CITY OF LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 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, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Council Member Bloyer moved TO POSTPONE ITEMS 13 AND 16 UNTIL FIRST MEETING OF 2015. Council Member Smith seconded the motion. Council Member Bloyer thinks that new Council should vote on these items as one of them was included as a campaign issue. He does not have a personal issue with either item, however he thinks the new Council should vote on the item. Council Member Smith agreed that the issues are major policy decisions and believes that the next Council should decide them out of deference to the incoming Members-Elect. Council Members Nelson and Reeves and Mayor Pearson believe that the item should be at least discussed by the current Council as they are before them on the agenda tonight. The applicants are also in attendance. Council Member Reeves believes that due process calls for the items to be addressed as they come before the Council. Community Development Director Klatt noted that both items are subject to the 60 day rule for action, and Waiting until January would cause scheduling issues. MOTION FAILED 2-3 (PEARSON, NELSON, REEVES – NAY). MOTION: Council Member smith moved TO APPROVE THE DECEMBER 02, 2014 CITY COUNCIL AGENDA AS AMENDED. Mayor Pearson seconded the motion. MOTION PASSED 5-0. ITEM 1: ACCEPT MINUTES THE NOVEMBER 18, 2014 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTED BY CONSENSUS. COUNCIL REPORTS: Mayor Pearson: met with residents on proposed Park and Ride; met with Council Member-Elect Jill Lundgren; met with Council Member Nelson, Tim Finnerty and Ginny Holder from the Cable Commission; attended staff retreat; commended staff again on the CAFR. Council Member Smith: No report. Council Member Nelson: No report. Council Member Bloyer: No report. Council Member Reeves: HR committee working on administrator review and committee application. Both were provided to Council at tonight’s meeting. PRESENTATIONS: ITEM 2A: FIRE DEPARTMENT – CONDITIONAL JOB OFFER TO NEW RECRUIT Fire Chief Malmquist introduced William McClellan and provided his background. MOTION: Mayor Pearson moved TO APPROVE A CONDITIONAL JOB OFFER TO NEW RECRUIT WILLIAM MCCLELLAN, PENDING THE OUTCOME OF A PRE-PLACEMENT LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2014 Page 2 of 6 PHYSICAL EXAM AND PSYCHOLOGICAL EXAM. Council Member Smith seconded the motion. MOTIONPASSED5-0. ITEM 2B: FIRE DEPARTMENT – SWEAR IN NEW LIEUTENANT Fire Chief Malmquist introduced Firefighter/Engineer Brian Johnson. Mr. Johnson took oath as new officer. No formal Council action requested. PUBLIC COMMENTS/INQUIRIES Susan Dunn, 11018 Upper 33rd St. N., expressed her concern about the Moody’s report on GO Bond. She is concerned that the numbers have changed. City Administrator Zuleger explained there will be a clarification and entered into the minutes. Ms. Dunn also spoke about the Fresh article on infrastructure costs. She sought clarification on a few items, but said she appreciated the information. City Engineer Griffin noted that the info is also available on the website. Council Member Smith asked if the residents who are still on wells would have to connect and seal their wells. Mr. Griffin clarified that they will not under the current policy. FINANCE CONSENT AGENDA 2. Approve Payment of Disbursements and Payroll in the amount of $134,017.52 3. Authorize Certification to the Washington County Auditor for unpaid Water Utility Bills (Postponed by Finance) 4. Well No. 4 Connecting Watermain Improvements – Change Order No. 1 5. Well No. 4 Connecting Watermain Improvements – Compensating Change Order No. 2 6. Well No. 4 Connecting Watermain Improvements – Pay Request No. 4 (FINAL) MOTION: Council Member Nelson moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 11. 2015 Liquor License Renewals 12. Washington County Subsurface Sewage Treatment System Inspection Services Agreement 13. 10a. Gonyea Preliminary Plat Extensions – Village Park Preserve; Resolution No. 2014-90 14. 10b. Gonyea Preliminary Plat Extensions – Village Preserve; Resolution No. 2014-91 MOTION: Council Member Nelson moved TO APPROVE THE OTHER CONSENT AGENDA AS PRESENTED. Council Member Reeves seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 11: PUBLIC HEARING: 2015 PROPOSED TAX LEVY AND GENERAL FUND BUDGET – ADOPT 2015 BUDGET AND TAX LEVY; RES. NO. 2014-92 Finance Director Bendel presented the 2015 budget. She explained the 2015 assumptions. The General Fund Levy, Debt Service Levy, and Library Levy were summarized. The library levy reduction was explained. MOTION: Council Member Smith moved TO OPEN PUBLIC HEARING. Council Member Nelson seconded the motion. MOTION PASSED 5-0. Public hearing opened at 7:35pm. MOTION: Council Member Smith moved TO CLOSE PUBLIC HEARING. Council Member Nelson seconded the motion. MOTION PASSED 5-0 Public hearing closed at 7:35pm. MOTION: Council Member Nelson moved TO APPROVE RESOLUTION NO. 2014-92, ADOPTING THE FINAL 2015 GENERAL FUND, DEBT SERVICE FUND, AND LIBRARY FUND ANNUAL BUDGET S AND LEVIES. Council Member Reeves seconded the motion. Mayor Pearson thanked the finance group. MOTION PASSED 5-0 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2014 Page 3 of 6 ITEM 12: INWOOD EAW – RESPONSE TO COMMENTS, FINDINGS OF FACT, RECORD OF DECISION, AND DECLARATION OF NO NEED FOR AN EIS; RES. NO. 2014-93 Community Development Director Klatt provided overview of the EAW responses. Council Member Bloyer asked about who pays for the studies. The reports reviewed by staff are paid for by the developer. Council Member Smith asked if the Metropolitan Council response was based on the current numbers. It was explained that the original numbers were submitted of the submission timing. The updated numbers have been amended, but as they are lower, they do not impact the finding. MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2014-93, APPROVING THE INWOOD EAW AND FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 13: INWOOD PUD PRELIMINARY PLAT AND PRELIMINARY DEVELOPMENT PLANS; RES. NO. 2014-94 Community Development Director Klatt provided overview and background of the proposed development. He explained the changes to the concept plan based on conditions of approval: elimination of 150 units of multifamily homes; reconfiguration of Bremer/Stonegate park curve; additional details of Outlot P public gathering area; park concept for SE park adjacent to Stonegate; modification of commercial dev access; maintenance of 100 ft buffer; sidewalks added to both sides of street B; incorporated design standards for single family homes. Mr. Klatt provided overview of the proposed preliminary plat and some of the nuances of the PUD. Access to the proposed park was clarified. There would be no access directly from 5th St. Access from proposed Street C would be shorter. Council Member Smith suggested that direct access may be better as it would not involve users from accessing through the neighborhood. Council Member Reeves noted that the Parks Commission’s main concern was about adequate parking. It was explained that the loop roads would not have sidewalks. The easternmost loop road lots have been left in a configuration that follows concept plan. No additional trails are shown along county roads. Mr. Klatt explained some of the benefits of a PUD. The flexibility requested in concept plan proposals was explained. The design standards were explained. They are intended as guides. The critical path issues were explained. Two significant items are the Water tower site and 5th street minor collector road. The water tower site was discussed. The trail and its proposed placement was also discussed. One issue was whether it made more sense to locate the trail on the north or south side. Council Member Reeves asked if there are any current proposals of a trail expansion on 10th St. The County currently does not include a trail there. City Administrator Zuleger clarified that the County did afford greater width and shoulders due to use. So while it is not an actual bike or pedestrian lane, it will accommodate greater use. Ms. Smith asked why the water tower was located near the road instead of further back. It was explained that the infrastructure costs would be greater. It also provides developers a known entity with regards to one side of the development and the road. Expected timing for build-out is seven years. Mr. Reeves noted that the commercial and multifamily design standards will still apply. Mr. Klatt summarized the Planning Commission findings and the 19 conditions of approval. Council Member Nelson asked for clarification as to why the Planning Commission members who voted no, voted no. Mr. Klatt responded that he did not have that information. Sue Dunn spoke about her concerns with the proposal. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2014 Page 4 of 6 Mayor Pearson noted that under the comp plan guide, there could have been 800 or so units. Ms. Smith took issue with pointing out the benefit of the lower numbers. She stated that if the maximum was used, it would negatively impact development options on surrounding properties. Mayor Pearson noted that Council is commenting on the proposals before it. MOTION: Council Member Nelson moved TO ADOPT RESOLUTION NO. 2014-94, APPROVING THE INWOOD PRELIMINARY PLAT AND PRELIMINARY PUD PLAN SUBJECT TO 19 CONDITIONS OF APPROVAL. Council Member Reeves seconded the motion. MOTION TO AMEND: Council Member Nelson moved TO STRIKE “AT THE INTERSECTION OF ‘STREET B’ AND 10TH STREET AND” LANGUAGE FROM CONDITION 17. Council Member Bloyer seconded the motion. Council Member Smith believes that the developers will want to incorporate theming at the entrances with or without the condition requirement. Council Member Nelson stated he simply wants to give the applicants flexibility to do accomplish their goal as they see fit. John Rask responded that commonality is good, but so is flexibility. They would like to be able to incorporate some of the residential architectural designs. The anticipated price point and buyers’ demographic was explained. MOTION TO AMEND PASSED 5-0. The two-story design was discussed. Council Member Smith has concerns about the dominant garage for that planned design. Mr. Rask stated that only 20% of the lots can accommodate the two-story design. He also explained the attempts to lessen the impact of the garage dominant home design by incorporating architectural elements. Mr. Klatt explained which lots would allow the design Ms. Smith is referring to. Council Member Reeves likes the fact that it is a different type of development than anything currently available in the City. This adds variety for single-family homes and offers opportunity for additional demographics. It was pointed out that some of the benefits the project includes the density being lower than maximum allowed, it provides a water tower and builds 5th street. It also helps broaden the tax base. The HOA requirements were discussed. They are often addressed at a later point and staff has done a good job of keeping them updated. Ms. Smith said she hopes the commercial development comes soon to help pay for the residential development. ORIGINAL MOTION PASSED AS AMENDED 5-0 Meeting recessed at 9:17pm. Meeting reconvened at 9:25pm. City Engineer Griffin provided 201 Septic System update on the Golish property at 9369 Jane Road. ITEM 14: 2835 LEGION AVENUE – REQUEST TO CONNECT TO LEGION AVENUE 201 WASTEWATER SYSTEM City Engineer Griffin provided overview of the request and the staff analysis. Actual address is 2832 Legion Ave. The original connection price was indexed to current costs. This was the same process used as last time. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2014 Page 5 of 6 MOTION: Council Member Bloyer moved TO APPROVE AN ASSESSMENT AGREEMENT FOR 2835 LEGION AVENUE TO CONNECT TO THE 201 WASTEWATER SYSTEM (OLD VILLAGE REMOTE A). Council Member Smith seconded the motion. MOTION PASSED 5-0. ITEM 15: EMMERSON IUP RENEWAL FOR A BUS/TRUCKING TERMINAL AT 11530 HUDSON BOULEVARD; RES. NO. 2014-95 Community Development Director Klatt presented the renewal application. It was explained that staff is processing the application as a renewal despite the previous agreement technically expiring at the end of 2012 due to no changes to use. The history of the 2 year duration of the IUP was explained. It was explained that the staff recommendation was consistent with the previous durations granted. MOTION: Council Member Smith moved TO ADOPT RESOLUTION NO. 2014-95, GRANTING A RENEWAL FOR AN INTERIM USE PERMIT TO ALLOW A BUS/TRUCK TERMINAL AT 11530 HUDSON BOULEVARD AND APPROVING A REVISED CONSENT AGREEMENT FOR THE INTERIM USE RENEWAL TIME PERIOD. Council Member Reeves seconded the motion. Council Member Nelson asked for a friendly amendment of a longer duration such as 5 years. Mr. Klatt explained that the staff does not oppose lengthening it. Any changes in zoning or use would have to come back to Council. City Attorney Snyder suggested adding “for the time period, unless earlier surrendered by the applicant.” Council Member Smith accepted the amendment. FINAL MOTION LANGUAGE: TO ADOPT RESOLUTION NO. 2014-95, GRANTING A RENEWAL FOR AN INTERIM USE PERMIT TO ALLOW A BUS/TRUCK TERMINAL AT 11530 HUDSON BOULEVARD AND APPROVING A REVISED CONSENT AGREEMENT FOR THE INTERIM USE RENEWAL TIME PERIOD OF 5 YEARS, UNLESS EARLIER SURRENDERED BY THE APPLICANT. MOTION PASSED 5-0. Council Member Smith left the room at 9:44pm. She returned at 9:46pm. ITEM 16: HALCYON CEMETERY SKETCH PLAN REVIEW Community Development Director Klatt presented overview of the cemetery proposal. Mayor Pearson asked about the park dedication fee. Staff would recommend 4% to be consistent with rural residential development. Council Member Reeves asked if non-denominational cemeteries are still eligible for non-profit status. It was clarified that they are. Lee Rossow, 11050 59th St., applicant, spoke about the proposal. Project Architect Bill Sanders described the proposal in detail. It was noted that there will be no soil contamination due to the type of vaults proposed. How it would be expanded in future was explored. It will be funded for 10 years and there is currently enough capacity to provide space for several hundred years. The cemetery will be governed as part of a trust. The Council discussed including a possible service fee and park dedication fees. Council Member Smith stated she finds the proposal intriguing. Council Members Smith and Bloyer left meeting at 10:20pm. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2014 Page 6 of 6 Mayor Pearson called for the mentioned issues to be addressed when the proposal comes back. Council Member Nelson suggested the City look at the zoning code vis-à-vis cemeteries for the future. Community Development Director Klatt agreed with the suggestion that this land use should be looked at. He said he would add it to the Planning Commission plan of work. NO FORMAL ACTION REQUESTED. ITEM 17: LAKE ELMO AVENUE PROJECT (CSAH 17) COOPERATIVE AGREEMENT; RES. NO. 2014-96 City Administrator Zuleger presented the proposed agreement with the County to acquire easements for the Lake Elmo Ave. City Engineer Griffin provided a technical overview of the process being used. The Council is concerned about the use of eminent domain or condemnation in obtaining the easements. City Attorney Snyder recommended adding language specifying that the county will be subject to first consultation with the city. It was clarified that parcels involving the county roads will be the domain of Washington County. The City will not be able to dictate the process used for acquiring those easements. City Attorney Snyder suggested adding: “Retaining right of consultation and approval for aspects of City related projects including but not limited to eminent domain.” MOTION: Council Member Reeves moved TO ADOPT RESOLUTION NO. 2014-96, APPROVING THE COOPERATIVE AGREEMENT WITH WASHINGTON COUNTY TO FACILITATE RIGHT OF WAY ACQUISITION ASSOCIATED WITH THE LAKE ELMO AVENUE DOWNTOWN STREET AND UTILITY PROJECT, RETAINING RIGHT OF CONSULTATION AND APPROVAL FOR ASPECTS OF CITY RELATED PROJECTS INCLUDING BUT NOT LIMITED TO EMINENT DOMAIN. Mayor Pearson seconded the motion. MOTION PASSED 3-0 (SMITH AND BLOYER – ABSENT). STAFF REPORTS AND ANNOUNCEMENTS City Administrator Zuleger: worked with Washington County on East Metro water issue; working on employee reviews; finalizing CIP including addition of petitioned Eagle Point Blvd work; staff retreat; Carriage Station Park transfer. Council Member Nelson and Mayor Pearson commended the staff retreat. City Attorney Snyder: working on routine administrative items; reviewing HOA documents; communicating with 3M. Community Development Director Klatt: working on Easton Village Final Plat; Planning Commission final annual report. City Engineer Griffin: No report. City Finance Director: working on assessment files, CIP, budget; received second installment of 2014 levy dollars. City Clerk Bell: announced Rink Attendant position still open and new Library Clerk Position has been posted. More information on both positions is available on City’s website. Mayor Pearson Adjourned the meeting at 10:48 pm. LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk