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HomeMy WebLinkAbout03-03-2015 CCMCITY OF LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 2015 Mayor Pearson called the meeting to order at 7:00 pm. PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Council Member Bloyer, and Jill Lundgren. Staff present: City Administrator Zuleger, City Attorney Snyder, Community Development Director Klatt, City Engineer Griffin, Assistant City Engineer Stempski, Finance Director Bendel, Taxpayer Relations and Communications Coordinator MacLeod, and City Clerk Bell. PLEDGE OF ALLIGENCE APPROVAL OF AGENDA MOTION: Mayor Pearson moved TO APPROVE THE MARCH 3, 2015 CITY COUNCIL AGENDA AS PRESENTED. Council Member Bloyer seconded the motion. MOTION TO AMEND: Council Member Smith moved to amend TO POSTPONE ITEMS 10 AND 11 UNTIL ADDITIONAL DISCUSSIONS CONCERNING RAILROAD CROSSING AND COMP PLAN COMPLIANCE INCLUDING OLD VILLAGE PLAN CAN BE HAD AT NEXT MEETING. The impact of further postponement of those items was discussed. It was explained that the assessments can only occur if there is a functioning sewer pipe, so there are real financial implications. Council Member Fliflet seconded the motion. MOTION TO AMEND FAILS 2-3 (Pearson, Bloyer, and Lundgren – Nay). ORIGINAL MOTION PASSED 5-0. COUNCIL REPORTS: Mayor Pearson: asked for status of Finance Committee activities, specifically the financial services planning agreement. Council Member Fliflet gave status update. It was noted that there have been scheduling issues. The finance policy is on next committee agenda. Council Member Fliflet: had meeting with City engineer and Brett Emmons on stormwater management. Planning to meet with county representatives to discuss issue as well. It was explained that there has been no additional work done on the downtown project, so no duplication of work. Council Member Smith: received several calls about sidewalks on Lake Elmo Ave. asked that 3/17/15 meeting be rescheduled to 3/24/15 due to ISD 834 spring break. Council Member Bloyer: had discussions with Village residents; attended DNR meeting regarding milfoil; attended Valley Branch Watershed District meeting to discuss resident concerns; spoke about library issue regarding former tenant; spoke about the two recent appointment denials of individuals to city bodies. The appointment process was discussed. Council Member Lundgren: visited the Rotary Club and discussed the AEDs. Will be attending a Farmer’s Market Workshop; was impressed with recent visit to Savona; recognized the local fly-fishing shop in town for their recent award; met with county representative to discuss transportation issues; noted that March is Minnesota maple tree tapping month. PRESENTATIONS Brad Winkels and Steve Rutkowski conducted the Fire Relief Association annual raffle drawing. The winners: $25 Winners: $100 Winner: Cindy Schwartz, 2393 Lake Elmo Ave. Laurie Kumerow, 4207 Kindred Ave Julie Buetel, 3415 Jamaca Ave. Tom Teible, 8300 Lake Jane Trail $250 Winner: Ron Monson,5257 Jerome Ave Court Cynthia Gackle, 2201 Legion Lane LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 2015 Page 2 of 5 PUBLIC COMMENTS/INQUIRIES FINANCE CONSENT AGENDA 1. Approve Payment of Disbursements and Payroll in the amount of $245,308.40. MOTION: Council Member Smith moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED Council Member Fliflet seconded the motion. MOTION PASSED 5-0. OTHER CONSENT AGENDA 2. Renewal of St Croix Valley Fire Mutual Aid Agreement 3. Support for R/WSCC PEG Rate Review; Resolution No. 2015-12 MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS PRESENTED. Mayor Pearson seconded the motion. MOTION PASSED 5-0. REGULAR AGENDA ITEM 4: BEE SAFE RESOLUTION; Resolution No. 2015-13 Taxpayer Relations and Communications Coordinator MacLeod provided background on item. The program, proposed by the Park Commission, would have city try to eliminate the municipal use of pesticides that contain neonicotinoids to reduce the impact on the honey bee colony collapse. It was explained that the Public Works/Parks Department was already complying with this. It was explained that the collapse is not due to Africanized bees. It was also explained that this would not promote the increase of the wasp population. MOTION: Council Member Lundgren moved TO ADOPT RESOLUTION 2015-13, AFFIRMING THE CITY’S COMMITMENT TO ENDORSE “BEE-SAFE” POLICIES AND PROCEDURES. Council Member Smith seconded the motion. Mayor Pearson stated that his reluctance with supporting the resolution was in part due to the uncertainty of the scientific causation of the bee colony population collapse. MOTION PASSED 4-1 (Pearson – Nay). ITEM 5: NOTICING OF CITY MEETINGS; Resolution No. 2015-14 City Clerk Bell explained the proposed resolution. As staff already posts legal notice for all city bodies subject to the Open Meeting Law, this resolution would extend the practice to those bodies that transact city business but are not required to post notice. MOTION: Council Member Bloyer moved TO APPROVE RESOLUTION NO. 2015-14, A RESOLUTION SUPPORTING OPEN MEETINGS AND THE POSTING OF PUBLIC NOTICE. Mayor Pearson seconded the motion. Council Member Fliflet noted that the Council appointed two members at beginning of year to each group. She asked that process be respected. Council Member Lundgren asked for friendly amendment to include potential quorum language for all meetings. It was explained that even with quorum notice, issues can arise. MOTION TO AMEND FAILED 0-5. Ms. Fliflet reiterated that she is not opposed to having meetings posted, but does not support the motion or think it is necessary. She noted that she had notified staff of the time and location the Village Workgroup meetings, but there was miscommunication on whether to post notice. MOTION FAILED 2-3 (Fliflet/Smith/Lundgren – Nay). ITEM 6: EDA RESOLUTION MODIFICATION; PUBLIC HEARING; Resolution No. 2015-15 LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 2015 Page 3 of 5 City Clerk Bell provided background and summarized the proposed modification. A public hearing must be held in order to modify the enabling resolution. City Administrator Zuleger explained the impact of the difference between a Economic Development Authority and a Commission. Council Member Fliflet clarified again that there is no intent to modify the powers of the EDA, but to clarify the limited powers to reflect the original intent at the time of creation. Mayor Pearson asked if there is benefit to EDA issuing bonds. Finance director Bendel did not have an opinion as to which way would be better. She stated that it is another way to do business. Mr. Zuleger explained the effect on the powers the modification would have. Council Member Fliflet offered friendly amendment to keep numbered limitations in resolution. AMENDMENT PASSED 5-0. MOTION: Council Member Bloyer moved TO OPEN PUBLIC HEARING. Council Member Fliflet seconded the motion. MOTION PASSED 5-0. Public hearing opened at 8:30 pm. MOTION: Council Member Fliflet moved TO CLOSE PUBLIC HEARING. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Public hearing closed at 8:30 pm. MOTION: Council Member Fliflet moved TO APPROVE RESOLUTION NO. 2015-15, MODIFICATION TO ENABLING RESOLUTION ESTABLISHING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF LAKE ELMO, MINNESOTA, AS AMENDED. Council Member Bloyer seconded the motion. MOTION PASSED 5-0. ITEM 7: 39TH STREET: STREET AND SANITARY SEWER IMPROVEMENTS – CHANGE ORDER NO. 4 No report or action taken. ITEM 8: EAGLE POINT BOULEVARD STREET IMPROVEMENTS – ACCEPT REPORT; CALL IMPROVEMENT HEARING; Resolution No. 2015-16 Assistant City Engineer Stempski presented the feasibility report and proposed schedule. It was noted that the current road does not contain a sand sub-base which in turn exacerbates the heave problems due to freezing. Storm sewer and sanitary sewer will be installed. It was noted that the landscaping at both ends should be able to be saved. The.. Four assessment methods were analyzed. Front footage, adjusted front footage, area-wide, and number of SACs. Based on the feedback from the recent meeting with the owners, the owners were in favor of area-wide. Sanitary sewer costs for improvements serving the InWood development to the north were explained. They total $108,000. Waivers would be obtained in order to do project. It was reiterated that this project was initiated by property owner petition. City Administrator Zuleger pointed out the townhome association was in favor of 10 year assessments. The timing of the assessments was discussed. The lifetime of the roads was discussed. Mayor Pearson was okay with 10 years assessment. Council Member Bloyer added that existing parcels be assessed over time. It was explained that sewer can be assessed over 10 or 15 years. Council consensus was to assess the InWood parcels up front. MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2015-16, RECEIVING THE FEASIBILITY REPORT AND CALLING HEARING FOR THE EAGLE POINT BOULEVARD STREET AND SANITARY SEWER IMPROVEMENTS. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. Meeting recessed at 9:01 pm. Meeting reconvened at 9:06 pm. ITEM 9: ZONING TEXT AMENDMENT – LIQUOR STORES, CONVENIENCE COMMERCIAL ZONING DISTRICT; Ordinance 08-116, RESOLUTION FOR SUMMARY PUBLICATION, Resolution No. 2015-17 LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 2015 Page 4 of 5 Community Development Director Klatt provided overview of the proposed zoning text amendment. It was clarified that this action does not approve liquor licenses. The Convenience Commercial zoning district was elaborated upon. The restriction was intended to keep out warehouse retailers. Staff opinion was that a liquor store was an appropriate use. It was noted that there are currently only two small parcels in the city where this zoning applies. MOTION: Council Member Bloyer moved TO ADOPT ORDINANCE 08-116, CHANGING LIQUOR STORES TO A PERMITTED USE IN THE CONVENIENCE COMMERCIAL ZONING DISTRICT. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. MOTION: Council Member Bloyer moved TO ADOPT RESOLUTION NO. 2015-17, AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 08-116. Council Member Lundgren seconded the motion. MOTION PASSED 5-0. ITEM 10: EASTON VILLAGE FINAL PLAT; RESOLUTION NO. 2015-07 Community Development Director Klatt provided recap of the previous discussion of the proposed development. The extent and existence of the large number of walk-out basements was discussed. There was further explanation of the impact of that type of basements. Developer Tom Wolters explained the starting price point and expected demographic. The homes will start at about $450K and target first-time homebuyers. The condition of the airport disclosure statement was discussed. The Village Master Plan from 2007 and how it applied to the proposal was discussed. The 13 guiding principles were applied to the plat application. Mr. Klatt went through the application to explain how each of the principles was met. MOTION: Mayor Pearson moved TO ADOPT RESOLUTION NO. 2015-07, APPROVING THE FINAL PLAT FOR EASTON VILLAGE. Council Member Lundgren seconded the motion. Council Member Fliflet noted she would not have supported the development if it was first being proposed. Council Member Bloyer asked that the discussion of whether there should be residential design standards be brought to Council at next meeting. City Attorney Snyder explained the different degrees of discretion for Council questions. He noted that at this point in the process, the basic question before the Council is whether the final plat is consistent with the approved preliminary plat and whether the conditions have been met. Council Member Smith explained that she wanted there to be continuity in style with the homes in the Village Area. She does not think that the proposal offers that desired continuity. The benefits to the city that this proposal affords to the city were discussed. Among them are providing financial benefit, addressing the stormwater issues in the Village, and connecting the sanitary sewer. Ms. Smith read letter outlining what was desired for the developments in the Village Area. Mr. Snyder reiterated that there are constraints on the current Council’s discretion to approve or deny the application due to the stage in the process. MOTION PASSED 4-1 (Smith – Nay). ITEM 11: EASTON VILLAGE DEVELOPER AGREEMENT; RESOLUTION NO. 2015-18 Community Development Director Klatt presented summary of the proposed Easton Village developer agreement. He noted that there is updated language regarding the railroad crossing cost splitting that staff has been negotiating with the developer counsel. This language still needs to be approved by City Attorney. The Village REC unit target was discussed in regards to the railroad crossing cost splitting. Mr. Klatt explained that it is a range. There was some concern that the current proposals will use up the available RECs in the Comprehensive Plan. It was explained that the Comp Plan is a guide, so when the target REC units are reached, development is not forced to stop. City Attorney Snyder explained that the question is not trying to estimate RECs, but determine the cost splitting. Council Member Fliflet was in favor of using base REC count, but split by percentage. This approach and alternatives were discussed. MOTION: Council Member Fliflet moved TO ADOPT RESOLUTION 2015-18 APPROVING THE DEVELOPER’S AGREEMENT FOR EASTON VILLAGE, SUBJECT TO FINAL REVIEW BY CITY ATTORNEY. Council Member Bloyer seconded the motion. MOTION PASSED 4-1 (Smith – Nay). ITEM 12: LENNAR SKETCH PLAN LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 2015 Page 5 of 5 Community Development Director Klatt presented summary of the proposed Lennar townhome sketch plan. He also explained the planning review process. Paul Tibone from Lennar explained the target demographic is young professionals and seniors. The HOA will provide maintenance. The HOA fee will be $50 to $100 depending on the amenities. He described the architecture will be similar to Savona. The price point will be high $200Ks to low $300Ks. Council Member Fliflet noted her concern that the dominant garages. Mr. Tibone said Lennar would consider their options. It was pointed out that there is no open space requirement recommended by the Planning Commission. There will be a cash park land dedication instead. No formal action requested. The meeting location of the requested Council Driven Workshop was discussed. City Clerk Bell described the options and limitations. The meeting must be open and take place within the City Limits. He proposed that the meeting take place at the North Building conference room. Council favored having it at the Machine shed on 3/10. Attendance by all council members was desired. Council Member Smith asked that the March 17th be moved to the 24th as she will be out of town. MOTION: Council Member Fliflet moved TO SWAP THE MEETING DATES OF THE 10TH AND 17TH. Council Member Smith seconded the motion. Staff explained that there are public hearings that are already scheduled for the 17th. Council consensus was to keep agenda light in Council Member Smith’s absence instead of changing dates. Staff will coordinate with Council to schedule the workshop. Motion withdrawn. STAFF REPORTS & ANNOUNCEMENTS: City Administrator Zuleger: Working on water tower site acquisition; Washington County Sheriff Office now has a substation at city hall. City Clerk Bell: ISD 834 has called for a special election on May 12, 2015 to vote on facility bonding. Lake Elmo precincts will again be combined at city hall. City Finance Director Bendel: Auditors are conducting field work. Draft Audit report will be presented to Finance Committee first meeting in May; 2014 water report has been turned in. Focus is on conservation as opposed to consumption. City Attorney Snyder: No report. Community Development Director Klatt: Planning Commission will be considering Wildflower Preliminary Plat and Boulder Ponds Final Plat at next meeting. City Engineer Griffin: No report. Mayor Pearson Adjourned the meeting at 11:57 pm . LAKE ELMO CITY COUNCIL ATTEST: ______________________________ Mike Pearson, Mayor _______________________________ Adam R. Bell, City Clerk