HomeMy WebLinkAbout04-21-2015 CCMCITY OF LAKE ELMO CITY COUNCIL MINUTES
APRIL 21, 2015 Mayor Pearson called the meeting to order at 7:00 pm.
PRESENT: Mayor Mike Pearson and Council Members Julie Fliflet, Anne Smith, Justin Bloyer, and Jill Lundgren.
Staff present: City Administrator Zuleger, Associate City Attorney Brekken, Community Development
Director Klatt, City Planner Johnson, City Engineer Griffin, Finance Director Bendel, and City Clerk Bell.
PLEDGE OF ALLIGENCE
APPROVAL OF AGENDA
Council Member Bloyer pulled Item 14 from the agenda. Associate City Attorney Brekken requested Item 10 be postponed and placed on next city council agenda as a closed session. Council Member Fliflet pulled Items
6, 7, and 8 for discussion.
MOTION: Council Member Lundgren moved TO APPROVE THE APRIL 21, 2015 CITY COUNCIL
AGENDA AS AMENDED. Mayor Pearson seconded the motion. MOTION PASSED 5-0
ITEM 1: ACCEPT MINUTES
THE MARCH 24, 2015 SPECIAL CITY COUNCIL MINUTES WERE APPROVED AS
PRESENTED BY CONSENSUS.
COUNCIL REPORTS:
Mayor Pearson: attended Gateway Corridor meetings.
City Administrator Zuleger spoke about MetCo population projection reduction. Lake Elmo was reduced to 18,200 population target by 2040.
Council Member Bloyer: attended Gateway Corridor meetings; spoke about lake treatment for milfoil. Lake Elmo Lake will not receive any grants in 2015; he spoke about previous comments on developments, densities, and council votes. He asked for the Council to respect staff.
Council Member Lundgren: farmers market meeting. It will start out on Lake Elmo Ave; attended Rotary Club meeting; Sunfish Lake nature event on 5/16. Spoke about solar gardens and the possibility of installing them in Lake Elmo; attended Gateway Corridor workshop. The Council Driven Workshop will be on 5/21.
Council Member Fliflet: attended Gateway Corridor workshop; attended Finance Committee meeting. They are working on assessment policy for downtown; reported updated library card reimbursement process with
Washington County.
MOTION: Council Member Fliflet moved TO HAVE COUNCIL RECEIVE DRAFT AGENDA 3 DAYS BEFORE FINAL AGENDA IS SET AND RECEIVE FINAL AGENDA 24 HOURS BEFORE
PACKET IS DISTRIBUTED. Council Member Lundgren seconded the motion.
The Council discussed the agenda process.
MOTION PASSED 3-2 (Pearson/Bloyer – Nay).
Council Member Smith: thanked gateway corridor meeting attendees/presenters; thanked everyone involved in progress with library-County relations; spoke about developments, densities, and votes.
PUBLIC COMMENTS/INQUIRIES
None
PROCLAMATION - ARBOR DAY PROCLAMATION
Mayor Pearson read the Arbor Day proclamation.
FINANCE CONSENT AGENDA
LAKE ELMO CITY COUNCIL MINUTES APRIL 21, 2015
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2. Approve Payment of Disbursements and Payroll in the amount of $383,951.46
3. Accept Finance Report dated March 31, 2015
4. Accept Building Report dated March 31, 2015
5. Accept Assessors Report dated March 31, 2015
MOTION: Council Member Bloyer moved TO APPROVE THE FINANCE CONSENT AGENDA AS PRESENTED. Council Member Smith seconded the motion. MOTION PASSED 5-0.
OTHER CONSENT AGENDA
6. Zoning Map Amendment – Perfecting Amendments, Ordinance 08-117 Pulled for discussion
7. Easton Village Developer Agreement – Confirm Final Revisions and Assign Agreement to OP4 Easton
Village, LLC Pulled for discussion
8. Sign Variance – 8515 Eagle Point Boulevard; Resolution No. 2015-28 Pulled for discussion
9. 2015 Crack Seal Project – Receive Contractor Quotes and Award Contract
MOTION: Council Member Smith moved TO APPROVE THE OTHER CONSENT AGENDA AS
AMENDED. Council Member Bloyer seconded the motion. MOTION PASSED 5-0.
ITEM 6: ZONING MAP AMENDMENT – PERFECTING AMENDMENTS, ORD. 08-117
Community Development Director Klatt explained the process for the zoning map amendments. Areas that
do not have municipal services are not changed until there is a project associated with that area. Areas that do
have projects are changed as the projects move forward. Specific proposed changes in the Village involved in
this amendment were further explained.
MOTION: Mayor Pearson moved TO ADOPT ORDINANCE. 08-117, ADOPTING A REVISED
ZONING MAP FOR THE CITY OF LAKE ELMO. Council Member Fliflet seconded the motion. MOTION
PASSED 5-0.
ITEM 7: EASTON VILLAGE DEVELOPER AGREEMENT – CONFIRM FINAL REVISIONS
AND ASSIGN AGREEMENT TO OP4 EASTON VILLAGE, LLC
City Administrator Zuleger explained the assignment. Easton Village LLC is planning to assign the
development to Excelsior Group. Council Member Fliflet asked about Page 14, Sections 29.A, B, C. Mr. Klatt
explained the calculations and the estimated railroad costs. The Railroad cost estimates were discussed.
Crossing estimates came in at about $500,000. Safe Crossing costs were discussed. It would be closer to
$650,000.
MOTION: Council Member Bloyer moved TO AFFIRM THE FINAL LANGUAGE TO BE INCLUDED
IN THE DEVELOPER’S AGREEMENT FOR EASTON VILLAGE AND TO APPROVE A
POTENTIAL ASSIGNMENT OF THE AGREEMENT FROM EASTON VILLAGE, LLC TO
OP4 EASTON VILLAGE, LCC UPON THE FINALIZATION OF AN AGREEMENT TO
PURCHASE THE SUBJECT PROPERTY. Mayor Pearson seconded the motion.
Council Member Smith wants to amend the crossing costs to $650K to be able to have a safe crossing. It was
noted that the Lake Elmo Ave crossing will have more traffic, but that will not have a safe crossing
retrofitted. Council Member Fliflet wants the record to reflect that her interest is in having a safe crossing.
MOTION PASSED 5-0.
ITEM 8 SIGN VARIANCE – 8515 EAGLE POINT BOULEVARD; RESOLUTION NO. 2015-2
The reasons for the variance request were explained. There is a drainage easement, which causes the sign to
be set further back on Inwood Ave and the topography is lower.
LAKE ELMO CITY COUNCIL MINUTES APRIL 21, 2015
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MOTION: Council Member Fliflet moved TO ADOPT RESOLUTION NO. 2015-28, APPROVING A
VARIANCE TO ALLOW FOR THE CONSTRUCTION OF A 16-FOOT TALL GROUND SIGN
ALONG INWOOD AVE. N. AT THE EAGLE POINT MEDICAL CENTER. Council Member
Lundgren seconded the motion. MOTION PASSED 5-0.
REGULAR AGENDA ITEM 10: APPROVE LITIGATION VERSUS PRIORITY ONE INC.
Postponed to 5/5/15
ITEM 11: BOULDER PONDS ZONING MAP AMENDMENT, FINAL PLAT AND FINAL PUD
PLAN; RESOLUTION NO. 2015-24, ORDINANCE 08-118
City Planner Johnson presented the proposed boulder ponds final plat. The proposal includes 47 single family
homes. The street names were discussed. It was explained that the street names can be addressed prior to
recording the final plat.
MOTION: Council Member Fliflet moved TO ADOPT ORDINANCE 08-118, APPROVING THE
ZONING MAP AMENDMENT FOR THE BOULDER PONDS PLANNED RESIDENTIAL
DEVELOPMENT. Council Member Lundgren seconded the motion. MOTION PASSED 5-0.
MOTION: Council Member Fliflet moved TO ADOPT RESOLUTION 2015-24, APPROVING THE
FINAL PLAT AND FINAL PUD PLAN FOR THE BOULDER PONDS PLANNED
RESIDENTIAL DEVELOPMENT, WITH ADDITIONAL CONDITION THAT THE 6TH ST
NAME BE CONSIDERED FOR CHANGE WITH DISCUSSION BY ALL APPROPRIATE
PARTIES. Council Member Smith seconded the motion.
Council Member Smith spoke about difficulties in her neighborhood due to street names. Deb Ridgeway, the
developer, expressed her desire to expedite the process. Street names were further discussed. Council
Member Fliflet clarified her motion: as long the street in question is named something other than 6th St, she is
fine with what is selected.
MOTION PASSED 3-2 (Pearson/Bloyer – Nay).
ITEM 12: BOULDER PONDS DEVELOPER AGREEMENT; RESOLUTION NO. 2015-25 City Planner Johnson presented the proposed developer agreement. There are two payment/credit issues.
The first being the cost of the sanitary sewer oversizing being paid back to the developer, and the second
being the credit for the acquisition of necessary right-of-way for the 5th St minor collector road. The Council
discussed the ROW credit and the oversizing of sewer pipes. It was explained that the ROW credit was the
best compromise option as the other options would be much more expensive and involve other practical
challenges.
Ben Schmidt from the Excelsior Group stated that Lake Elmo’s developer agreement is toughest he has ever
seen. It is very difficult to comply with and make the development work.
MOTION: Council Member Smith moved TO ADOPT RESOLUTION NO. 2015-25, APPROVING THE
DEVELOPER’S AGREEMENT FOR THE BOULDER PONDS PLANNED RESIDENTIAL
DEVELOPMENT. Council Member Bloyer seconded the motion.
Council Member Fliflet does not support the agreement because of the credit amount. The credit was
discussed. It will come out of the parkland dedication amount. Ms. Fliflet wants 5th street to be paid entirely
by the developer. She also wants the developer agreement negotiations to include Council input prior to
submittal for approval. City Engineer Griffin noted that 5th St was placed on transportation plan and
expected to be a shared cost. The 100% developer paid expectation may include future “pinch points” and
LAKE ELMO CITY COUNCIL MINUTES APRIL 21, 2015
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the city having to pay for them. City Administrator Zuleger explained the process used to arrive at the
agreement. The Park Commission wanted to keep Stonegate Park intact.
MOTION PASSED 4-1 (Fliflet – Nay)
Meeting recessed at 8:58 pm. Meeting reconvened at 9:05 pm.
ITEM 13: MUNICIPAL CONSENT – PHASE II DOWNTOWN STREET AND UTILITY PROJECT; RESOLUTION NO. 2015-27
City Planner Johnson presented background of project. Washington County’s Frank Ticknor explained the
public engagement, goals, and preliminary design. Mr. Ticknor went through the preferred alternatives. The 30th street options were described.
The key decision points were presented: 1) preliminary road designs for areas A-D; and 2) stormwater management facilities. It was noted that the overhead utilities did not need to be decided at this point. If included, it can be pulled out later. The next steps were outlined. Mr. Johnson explained the bases for the
staff recommendations.
It was noted that the City’s minimum size for septic systems is 24,000 square feet.
Why this project was moved up in the schedule was explained. The growing issue of septic problems in the
village precipitated this being advanced. It was explained the County would not have been a full reconstruct if the City did not participate. It was explained that if the street not reconstructed now, the eventual utility
infrastructure would include greater costs for the city. The responsiveness of the staff and County to concerns about trees was noted. The inclusion of sidewalks was discussed.
MOTION: Council Member Bloyer moved TO APPROVE 30TH STREET OPTION #2. Motion fails for
lack of second.
The fiscal impact was discussed. Mr. Zuleger explained the impact of the County repayment plan.
Tim Danielson, 11357 30th St, is frustrated by Council indecision. He wants more safety considerations
instead of discussing sidewalks.
MOTION: Council Member Smith moved TO ADOPT RESOLUTION 2015-27, APPROVING
MUNICIPAL CONSENT FOR PHASE II OF THE DOWNTOWN STREET AND UTILITY
PROJECT. Council Member Lundgren seconded the motion.
Project Areas Breakdown:
Area A: MOTION: Council Member Bloyer moved TO ADOPT PROJECT AREA A WITH OPTION #2.
Council Member Smith seconded the motion.
The width of sidewalks was discussed. Council Member Fliflet does not support taking more land from
landowners.
MOTION PASSED 4-1 (Fliflet - Nay).
Area B: MOTION: Mayor Pearson moved TO ADOPT PROJECT AREA B AS SHOWN (OPTION #3).
Council Member Smith seconded the motion. MOTION PASSED 5-0
Area C: MOTION: Council Member Smith moved TO ADOPT PROJECT AREA C. Mayor Pearson seconded the
motion. MOTION PASSED 4-1 (B loyer - Nay)
Area D: Mayor Pearson wants to do it right if the City is going to do it. He believes Option #3 offers best
safety and better snow removal option. It also offers the best visual features. Council Member Smith agrees.
Mike Mazzara wants no sidewalks, but if there are going to be sidewalks, he is in favor of the 7’ walk
instead.
Council Member Fliflet supports the 7ft sidewalk because it would have less impact on landowners. Council
Member Bloyer opposed to sidewalks, but if it is going to be done, it should be done right.
LAKE ELMO CITY COUNCIL MINUTES APRIL 21, 2015
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MOTION: Council Member Bloyer moved TO ADOPT PROJECT AREA D OPTION #3. Council Member
Smith seconded the motion.
ROW acquisition was further explained. The City would have to purchase ROW with either walk option.
MOTION PASSED 3-2 (Fliflet/Lundgren – Nay)
Meeting recessed at 10:57 pm. Meeting reconvened at 11:01 pm.
ITEM 14: RECONSIDERATION OF HR COMMITTEE ASSIGNMENTS
Pulled from agenda by requestor Council Member Bloyer.
ITEM 15: FINANCE COMMITTEE APPOINTMENT
Finance Committee recommends appointing applicant Marilyn Banister to the Committee. She spent 20 years as City’s finance director.
MOTION: Council Member Fliflet moved TO APPOINT MARILYN BANISTER TO THE LAKE ELMO FINANCE COMMITTEE. Council Member Lundgren seconded the motion. MOTION PASSED 5-0.
ITEM 16: THIRD PARTY REVIEW OF FINANCES DISCUSSION
Mayor Pearson and Council Member Bloyer are in favor of having outside party do this work in order to free up staff time for other issues. Council Member Smith would like a party other than Northland Securities do
the work. Council Member Fliflet opposed to this as she does not think this is needed. The Council discussed what actually is being proposed. The previous Committee actions and position on the item were discussed.
MOTION: Mayor Pearson moved TO SEND ITEM BACK TO FINANCE COMMITTEE AND
ALLOW THE COMMITTEE TO DECIDE IF IT IS NEEDED. Council Member Bloyer seconded the motion. MOTION FAILED 2-3 (Smith/Fliflet/Lundgren – Nay).
Tammy Malmquist, 8549 Ironwood Trail spoke about residents being tired of council behavior. She urged
Council to conduct business respectfully. It appears that there is stuff to hide.
STAFF REPORTS & ANNOUNCEMENTS:
City Administrator Zuleger: The City of Pound, WI has offered to purchase City’s old aerial fire truck; park
commission meeting; working with east metro water commission.
City Clerk Bell: Local Board of Appeals and Equalization will meet tomorrow night April 22nd at 5:00pm in
council chambers.
City Finance Director Bendel: Left room prior to reports.
City Attorney Brekken: No report.
Community Development Director Klatt: InWood final plat will be coming to Council at next meeting; MAC plan will be brought back in June.
City Engineer Griffin: 39th street and sewer project is progressing.
Mayor Pearson Adjourned the meeting at 11:29pm.
LAKE ELMO CITY COUNCIL
ATTEST:
______________________________ Mike Pearson, Mayor
_______________________________ Adam R. Bell, City Clerk