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Home My WebLink About05-18-2010 CCMLAKE ELMO CITY COUNCIL MINUTES MAY 18, 2010 1 MINUTES APPROVED: June 1, 2010 City of Lake Elmo City Council Meeting Minutes May 18, 2010 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Smith and Park Also Present: Administrator Messelt, City Engineer Stempski, Attorney Snyder, Planning Director Klatt, Finance Director Bouthilet, and City Clerk Lumby APPROVAL OF AGENDA MOTION: Council Member Smith moved to approve the May 18, 2010 City Council agenda. as amended (Remove Items 4 and 6 off the Consent agenda and add to the Regular agenda). Council Member Park seconded the motion. The motion passed 5-0. GROUND RULES: APPROVED MINUTES: The May 4, 2010 City Council minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Linda Hardy asked for Council consideration in negotiating with the City for a time extension in order for her contractor to finish completion of her house at 9224 31st Street N.. Mrs. Hardy was asked to have her attorney contact City Attorney Snyder. Anne Bucheck, 2301 Legion Avenue, provided a written statement on the amendment to Lake Elmo’s comprehensive Plan. The Council acknowledged receiving her comments which will be inserted in the Comprehensive Plan Amendment file for the Farm School and Senior Living proposal. CONSENT AGENDA: MOTION: Council Member Smith moved to approve agenda Items 2, 3 and 5 on the Consent Agenda. Council Member Park seconded the motion. The motion passed 5-0. Approve payment of disbursements and payroll in the amount of $148,957.41 Approve the drafting and execution of a contract Buelow Excavating in the amount of $3,500.00 to tap the water main and install water service to the VFW Park LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2010 2 Approve Resolution No. 2010-022 to accept the grant from the State of Minnesota Redevelopment Grant Program REGULAR AGENDA: Approve Resolution No. 2010-021 to enter into the Cooperative Construction Agreement for the T.H. 5 Roundabout Project, Mn/DOT Agreement No. 96514, The City Council is being asked to enter into a Cooperative Construction Agreement with the Minnesota Department of Transportation for the T.H. 5 Roundabout improvements. The agreement addresses the City cost participation requirements, method and determination of payment by the City and the ongoing maintenance responsibilities for the complete infrastructure. The design, completed by Mn/DOT staff incorporates, to the extent possible, the City’s requests and comments pertaining to the lighting system, landscaping, water quality, watermain utilities, detour routine/staging and signage. MOTION: Council Member Smith moved to approve Resolution No. 2010-021 to enter into the Cooperative Construction Agreement for the T.H. 5 Roundabout Project, Mn/DOT Agreement No. 96514. Council Member Park seconded the motion. The motion passed 5-0. Award a contract to Minnesota Native Landscapes for prairie restoration and management services at Sunfish Lake Park The City Council is being asked to consider an agreement with Minnesota Native Landscapes for services related to the installation and management of prairie in Area Two of Sunfish Lake Park. Costs associated with the prairie installation are anticipated to be $36,540.19. Management services will be authorized on an “as needed” basis over a 4-year period with costs anticipated to be approximately $4,025 each of the first two management years, $7,750 for the third and $3,250 for the fourth. The City has received a Minnesota DNR Metro Greenways Grant in the amount of $27,425.00 for prairie installation and management services conducted trough June 30, 2011. Council discussed the concept plan. Council consensus was to save 25% of area for whatever future Councils would choose. MOTION: Mayor Johnston moved to award a contract to Minnesota Native Landscapes for prairie restoration and management services as Sunfish Lake Park and revising the concept plan map to depict saving 25% of land for a future active use; such as a skating rink, interpretative center. Council Member Park seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2010 3 Conditional Use Amendment for Lake Elmo Elementary School; Resolution No. 2010- 023 The City Council is being asked to review and act upon a proposed Conditional Use Permit amendment requested by Lake Elmo Elementary School. The proposed improvements include relocation of an existing parking lot, an additional parking lot and parent drop off location, widening of an existing private road, and he addition of an enclosed hallway and two portable classrooms to handle the existing student population The Council acknowledged the email from Jennifer Pelletier, Lake Elmo resident and parent of three children at Lake Elmo Elementary School, thanking the Stillwater Area schools reps, and City staff for recognizing the carpool problems at the school and following through with a plan. MOTION: Council Member Smith moved to approve Resolution No. 2010-023 Amending the Conditional Use permit for the Lake Elmo Elementary School to add two portable classrooms, an enclosed hallway, an additional parking lot, and reconfiguration and expansion of the existing Northern parking lot, as reflected in the specific findings and recommendations of the Planning Commission. Council Member Park seconded the motion. The motion passed 5-0. Eder’s Century Pines Developer’s – Agreement The City Council is being asked to review and approve a developer’s agreement related to the recently approved Eder’s Century Pines Subdivision. The primary purposed of this agreement is to document for future owners that no building permits will be issued for the vacant lots within the subdivision until storm water, drainage and erosion control plan is approved for the site. MOTION: Council Member Smith moved to enter into an agreement, as amended to include stormwater easements, with the City that requires the submission of rate and volume control calculations meeting the Storm Water and Erosion and Sediment Control Ordinance for each buildable lot prior to the issuance of a building permit for each of these lots. This agreement shall be executed prior to the release of the plat for recording by the City. Council Member DeLapp seconded the motion. The motion passed 5-0. Eder’s Century Pines Roadway Easement Vacation – Public Hearing, Resolution No. 2010-025 The City Council is being asked to convene a Public Hearing to review and approve the vacation of roadway easements within the area to be replanted as Eder’s Century Pines. The proposed vacation has been requested to eliminate existing roadway easements that have previously been granted to the City in the same location as road right -of-way that will be dedicated within this subdivision. These easements are located over a portion of the roads known as Keats Avenue, 47th Street North, and Julep Avenue North. LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2010 4 Mayor Johnston opened up the public hearing at 8:11 p.m. There was no one to speak on the roadway easement vacation. Mayor Johnston closed the public hearing at 8:12 p.m. MOTION: Council Member Smith moved to adopt Resolution No. 2010-025 approving the vacation of roadway and utility easements within the area to be re-platted as Eder’s Century Pines. Council Member Emmons seconded the motion. The motion passed 5-0. Review of First Quarter of 2010 General Fund Budget (Unaudited) Pursuant to City Council direction, the City Council received an update on the now- closed First Quarter 2010 General Fund (unaudited). Finance Director Bouthilet announced the preparation of the 2011 Budget has begun. No specific action was requested. Comprehensive Plan Amendment for Senior Living and Farm School – Resolution No. 2010-017 As per City Council direction from May 4, 2010, resubmitted for Council consideration is a proposed Comprehensive Plan Amendment, requested from Tammy Malmquist, 8549 Ironwood Trail North. The following residents spoke in favor of the Comprehensive Plan Amendment proposed by Tammy Malmquist. (A verbatim record is available from the City Clerk) Bill Wacker, 3603 Laverne Avenue N. Alan Kupferschmidt, 2769 Legion Avenue N. Rita Conlin, 8560 Ironwood Trail N. Roger Linell, 9402 Stillwater Blvd. The following residents spoke against the Comprehensive Plan Amendment proposed by Tammy Malmquist: (A verbatim record is available from the City Clerk) Harold Norby, 4832 Barbara Drive, Minnetonka (Trustees for property next to proposal) Neil Krueger, 4452 Lake Elmo Avenue N. Tim Mandel, 2479 Lisbon Avenue N. Council Member Emmons requested that discussion be postponed until the May 25th Council workshop. LAKE ELMO CITY COUNCIL MINUTES MAY 18, 2010 5 MOTION: Council Member Smith moved to postpone discussion on this agenda item until the May 25th Council workshop. Council Member Park seconded the motion MOTION: Council member Park moved to amend the motion to address Council Member Emmons’ concerns and bring the Comprehensive Plan Amendment and Open Space Overlay Zoning District for formal consideration at the June 1st City Council meeting: Location of project Access/safety Affordability Quantify demand for senior housing Precedence - both legally and internally Buffers proposed School Open lands Metropolitan Council Height/Elevation of large buildings (3-story) Background zoning allowed Clarify if Senior Housing is allowed in the village area or not Transfer of density Comprehensive Plan and density together Fire Marshall review Mayor Johnston seconded the motion. The motion passed 4-1 (Council Member DeLapp voting against the motion.) MOTION: Council Member Smith moved to postpone discussion on this agenda item, as amended until the May 25th Council workshop. Council Member Park seconded the motion. The motion passed 5-0. The City Council requested City Staff, as well as the applicant, to be present at the May 25th workshop to assist the Council deliberation. Open Space Overlay Zoning for Senior Living and Farm School; Resolution No. 2010- 024 - Postponed The Council adjourned the meeting at 10:15 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2010-021 Enter into Cooperative Construction Agreement for T.H.5 Roundabout project Resolution No. 2010-022 Accept grant from State of MN Redevelopment Grant program Resolution No. 2010-023 Amend CUP for Lake Elmo Elementary School adding two portable classrooms and additional parking lot Resolution No. 2010-024 postponed Resolution No. 2010-025 Eder’s Century Pines Roadway Easement Vacation