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HomeMy WebLinkAbout02-01-2005 CCMLAKE ELMO CITY COUNCIL MINUTES FEBRUARY 1, 2005 6:00 P.M. – Interviews for City Council Appointment 1. AGENDA 2. MINUTES: January 18, 2005 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES B. PUBLIC INFORMATIONAL (1) Introduction of Representative Mike Charron (2) Council Appointment 4. CONSENT AGENDA: A. Resolution No.2005-011: Approving Claims B. Ordinance No. 97-145:2005 Fee Schedule 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Ordinance 97-146: Park Hours 8. CITY ENGINEER’S REPORT: A. Proposed Public Works Garage:Terri Olsen, TKDA B. Change to Water Tower Project 9. PLANNING, LAND USE & ZONING: A. Eagle Point Business Park: Resolution No. 2005-012 Approving the Preliminary Plat and Final Plat of Eagle Point 4th Addition, Resolution No. 2005-013:Denying the PUD Plan Amendment, Resolution No. 2005-014; Approving the Section 520 Site Plan for City and County Credit Union B. Trails Plan Open House 10. CITY ATTORNEY’S REPORT: 11. CITY ADMINISTRATOR’S REPORT: A. Ordinance 97-147: Planning Commission Composition, Appointments B. Ordinance 97-148: Parks Commission Composition C. CIC Appointment D. Met Council Proposed Agreement 12. CITY COUNCIL REPORTS: Mayor Johnston called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Johnston, Smith, Johnson, DeLapp, City Engineer Prew, City Attorney Filla, Finance Director Tom Bouthilet, City Planner Dillerud, Administrator Rafferty and Recording Secretary Schaffel. 1. AGENDA Public Inquiries-B3: Oakdale Water Presentation. City Administrator’s Report-11E: Met Council Workshop with Planning Commission on Feb. 7, 2005. Appointment of Councilmember and Oath of Office before the Minutes. M/S/P Johnson/DeLapp, to approve the February 1, 2005 City Council agenda, as amended. (Motion passed 4-0). 1.B. COUNCIL APPOINTMENT M/S/P Johnson/DeLapp to appoint Rita Conlin as Councilmember by unanimous ballot. (Motion passed 4:0). Administrator Rafferty administered the Oath of Office to Rita Conlin. Council member Conlin joined the council. 2. MINUTES: January 18, 2005 No. 12 Planner Dillerud was not present. Absent council member was Liz Johnson. M/S/P DeLapp/Smith to approve the January 18, 2005 City Council minutes, as amended. (Motion passed 3-0-2 Abstain: Johnson-Conlin) 3. PUBLIC INQUIRIES/INFORMATIONAL: A. PUBLIC INQUIRIES: B. PUBLIC INFORMATIONAL (1) Introduction of Representative Mike Charron Mike Charron introduced himself as the new state representative for this district. He commended the city council on the negotiations with the Met Council. Mayor Johnson said they will create a legislative agenda at the next council committee meeting. (3) Oakdale Water Update Jim Kelly a Lake Elmo Environmental Commissioner who works for the Minnesota Department of Health and Mike Santoro from 3M gave an update on newly discovered contaminants in Oakdale water. Mr. Kelly said trace levels of PFOF and PFOA have been found in Oakdale municipal wells sampled as a result of two disposal sites where these chemicals were found. Concentrations are low and considered safe over a lifetime of drinking the water. They do not anticipate finding the chemicals in Lake Elmo wells. Mr. Kelly said the ability to test for these chemicals was discovered in the last 18 months. Mayor Johnston said we are fortunate we have people of Jim Kelly’s caliber working for the city. 4.CONSENT AGENDA: A. Resolution No.2005-011: Approving Claims Mayor Johnson asked the total billed by Lindquist and Venum the Met Council litigation firm, and if we have reached the end. Finance Director Bouthilet said that the cost over 16 months totals $364,723. Administrator Rafferty said he believes this is the end of billings. M/S/P Johnson/DeLapp, to adopt Resolution No. 2005-011, A Resolution Approving Claim Numbers 237, 238, DD329 through DD338, 26805 through 26816 which were used for staff payroll dated January 20, 2005, claims 26817 through 26862 in the total amount of $115,472.62. (Motion passed 5-0). B. Ordinance No. 97-145:2005 Fee Schedule 5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Ordinance 97-146: Park Hours Administrator Rafferty explained that the city has an inconsistent policy regarding parks hours. The Council Committee directed staff to prepare an ordinance that is enforceable. A Special Permit can be issued to groups. Councilmember Smith said we received a 10 page letter from a woman who uses the park at night, and reminded council to read that letter. Councilmember DeLapp said he was sad we have to lock our parks. M/S/P Johnson/DeLapp, To adopt Ordinance No. 97-146, an ordinance amending Section 1355.07 Public Park Hours of the Lake Elmo Municipal Code. Administrator Rafferty said having the provision in the code does not mean a permit is granted. Safety and other considerations will be considered. (Motion passed 4:0:1 Abstain: Conlin) 8. CITY ENGINEER’S REPORT: A. Proposed Public Works Garage: Terri Olsen, TKDA Administrator Rafferty said the city has been planning municipal facilities over many months. Terri Olsen said they have separated Public Works from City Hall allowing for an agrarian setting to blend with a rural location. If bids are low enough there are add-on amenities. Administrator Rafferty said this facility is programmed within budget constraints, with input of Public Works Committee and MAC. The cost of $2.1 million is well within target for this facility meeting all interests identified. Mayor Johnston was surprised they call it rural character. Councilmember Smith asked how much of the cost is in the appearance? Ms. Olsen will find out. They began with a base building with a flat roof, stick built and changed to a pre-engineered building and different roof. The council decided to review the next agenda item and this one collectively. B. Change to Water Tower Project The City Engineer said the water system plan is to connect the Old Village with Lake Jane moving the water tower to the new Public Works building site. Higher elevation of 20-30 feet saves some money. A second water main will be needed between Highway 5 and Tapestry. It will cost $200,000 more by moving it. There are practicalities to having it on the same site. Administrator Rafferty said we would spend that $200,000 later anyway. The Finance Director said the WAC charges should support this project. Councilmember DeLapp said he thought we would have an image of a farm and a silo. The City Engineer said it will take one year to build and will not be operational until 2006. Administrator Rafferty said there is a June construction date. M/S/P Smith/DeLapp to send it back to committee because this proposal may not fit in architecturally. (Motion passed 5-0). M/S/P DeLapp/Johnson to site the water tower in Sunfish Lake Park. (Motion passed 4-0-1 Abstain: Conlin). 9. PLANNING, LAND USE & ZONING: A. Eagle Point Business Park: Resolution No. 2005-012 Approving the Preliminary Plat and Final Plat of Eagle Point 4th Addition, Resolution No. 2005-013:Denying the PUD Plan Amendment, Resolution No. 2005-014; Approving the Section 520 Site Plan for City and County Credit Union The Planner said the application from United Properties was unanimously recommended by the Planning Commission. The PUD item of issue was the request to substitute asphalt shingles for the code requirement for roofing. Planning Commission voted 5-2-1 to deny it. Item 9A includes a communication from a tenant in Eagle Point with reference to glare from the standard seam metal roofs. Concern for access onto Hudson required a traffic study reflecting this use on this site. Councilmember Smith said the site plan asks us to approve 10,000 square feet, and only six thousand is to be constructed. The Planner asked the City Attorney if it is okay to put and take uses when it is in the PUD. The City Attorney said the council has latitude with PUD’s because they are designed to give more than what you get from normal zoning. If there is a variation from 10,000 square feet building requirements, council has the right to reject a 6,000 square feet building. Dale Glowa of United Properties introduced Pat Pierce, president of City and County Credit Union, Steve Dowdy the architect, and George Burkards. Mr. Glowa said this was a thoughtful PUD they spent months developing with the city council. Teller lanes were requested by the client to serve traffic that might otherwise be waiting to get on site. The building site plan is sized to accommodate 10,000 square feet. Roof materials were silent when this PUD was approved, now they are requesting the PUD to be amended for additional roofing material, to include a timberline asphalt roof. Metal and cedar are loud in a rainstorm, ice concern sliding off, glare is another concern. Asphalt won’t do that. The Planner said we have until March 7 to decide. Steve Dowdy with Pope Associates said the scale of the building does not fit a steel roof. His company has been asked to redesign drive-up canopies with metal roofs several times because of sound and ice problems. George Burkards said United Properties has spent $4,000,000 in the park. Signs, monuments, and bridges were created for appearance. He said the quality of all the buildings are good. Councilmember DeLapp said perceptions of architecture in this part of Lake Elmo are not good. M/S/P Johnson/Conlin to table the United Properties applications until the next meeting. Pat Pierce of City and County Credit Union said part of the plan includes a conference room to use by the community at no cost. They are trying to be a good neighbor. (Motion passed 4-1 Johnston- Thinks they should have approved it.) B. Trails Plan Open House The Planner said an Open House was not anticipated in the contract. DeLapp-It is important to involve the public. M/S/P DeLapp/ Johnson to direct staff to sign the Letter of Agreement and to approve the additional expenditure of $1,448 to cover the additional cost associated with our contractual agreement for a Trails System Plan ($240) and the cost for support and materials for the Trails Plan Open House ($1,208). (Motion passed 5-0). 10. CITY ATTORNEY’S REPORT: 13. CITY ADMINISTRATOR’S REPORT: A. Ordinance 97-147: Planning Commission Composition, Appointments Administrator Rafferty said terms for both commission should be the same so they should be considered together. B. Ordinance 97-148: Parks Commission Composition Mayor Johnston said it was not his intention to have term limits. His idea was only to review commissions after two terms. Councilmember DeLapp agreed-if a commissioner is here for nine years, we almost have to change the rules to keep them. M/S/P, Smith/DeLapp to send composition for both Planning and Parks Commissions back to council committee for further discussion. (Motion passed 5-0) Todd Ptacek said two commissioners were appointed for sixty days. Mayor Johnston said the time limit will not expire. He said it is a process issue first, and then they will address appointments. C. CIC Appointment Administrator Rafferty said an application was received from Brenda Anderson. M/S/P DeLapp /Smith To appoint Brenda Anderson as a member of the Community Improvement Commission. (Motion passed 5-0). D. Met Council Proposed Agreement Administrator Rafferty introduced the agreement’s achievement versus the Met Council Resolution 2002-30. The Planner explained where we stand today before we affirm the agreement with the Met Council. A list of modifications for our Comp Plan was attached to Res. 2002-30. The most important element of this agreement is a credit for existing Cimarron and Old Village housing and for the planned Old Village expansion. Old Village streets and water mains can be upgraded simultaneously with sanitary sewer construction. A second key element is that the city can continue with clustering north of 10th Street. The majority of the city will be allowed to maintain its rural character. 3rd key element is that the Lake Elmo Interceptor has been dropped. Instead there will be two sanitary one from the west and one from Cottage Grove in the south. The City will have the option to use the additional units for redevelopment, environmental issues, or other uses after 2030. Population planned was about 13,000 people at buildout. This plan is 24,000 capped. These are the issues and numbers we have to show in our Comprehensive Plan. Former Mayor Lee Hunt said he is convinced this is the best the city can do. It is consistent with the first meeting with the governor, and he urged approval. Administrator Rafferty introduced the ten point agreement and the process for approval. Mayor Johnston said this is a better plan than what was originally proposed. It is not negotiable, and he urged approval. Councilmember DeLapp said transfer of density might help to facilitate development below 10th Street. M/S/P To approve Resolution 2005-015. Ben Roth asked for clarification because he does not think the agreement requires that much density below 10th Street. Mayor Johnston said the average of 3 units per acre is in the agreement. Todd Ptacek asked if it is the council’s intention to average those units and lower density to buffer existing neighborhoods. Mayor Johnston said that is his intention. The Planner said units per acre or open space can be used to achieve that end. Councilmember Conlin said this has been an open process, and it is probably the best settlement we are going to get. She will support it. Councilmember DeLapp supports it as he interprets it, though it was not an open process. He said he will not vote for it unless the language is changed to protect existing residents. Councilmember Johnson said both negotiating teams got us the best we can expect. Former Mayor Hunt said this agreement has all of the compromises within the ranges the city council came up with. It is not great but it is reasonable. The City Attorney said amending a Comprehensive Plan is just the first phase of legislative effort to adopt official controls. Substantial changes will have to be made to those controls and regulations. Direct the planning commission as you will. DeLapp if we agree it will hae the dleast impact on last comp plan it does not have to be inserted. Smith agrees. Conlin said now is not the time. (Motion passed 4-1, DeLapp – Agreement can be modified, there is ambiguity among the council.) 12. CITY COUNCIL REPORTS: Administrator Rafferty asked for a joint workshop on 2/7/05 with the Planning Commission. Mayor Johnston said the council might need a workshop first. The council decided to meet from 6 to 8 and then join the Planning Commission at 8:00 p.m. Councilmember Johnson congratulated John Schiltz of Lake Elmo Inn for being named one of the top ten chefs in the metropolitan area. Councilmembers Smith and Councilmember Johnson attended the basic conference for newly elected officials, it was a good orientation, and they would like to avail themselves of all opportunities to get up to speed. Administrator Rafferty said March said strategic planning is scheduled for March. Councilmember Smith welcomed Brenda Anderson into Community Improvement and hopes others will want to participate. Councilmember Conlin thanked everyone for their support. Adjourned 9:53 pm Respectfully submitted, Kimberly Schaffel Recording Secretary