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HomeMy WebLinkAbout12-04-07 CCMCity of Lake Elmo 3800 Laverne Avenue North December 4, 2007 7 PM REGULAR CITY COUNCIL MEETING AGENDA WwefflIIIUC�Z�7 if]W B. PLEDGE OF ALLEGIANCE C. ATTENDANCE:_ Johnston,_DeL app,_Johnson,_Park,_Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Consider approval of November 5, 2007 minutes Consider approval of November 20, 2007 minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. CONSENT AGENDA: Items are on the consent agenda because they are routine business and are not for discussion. 2. Approve Resolution no. 2007-90 for claims 3. Consider approval of 2008 Liquor License Renewals 4. Consider approval of one -day off site charitable gambling license for Maplewood/Oakdale Lions Club; Resolution No. 2007- 91 5. Highway 5 Directional Signs for Sunfish Lake Park 6. Consider adopting Ordinance no. 97-202 approving amended 2007 fee schedule for water and sewer rates J. REGULAR AGENDA: 7, Adopt 2008 General Fund Budget & Levy (subsequent hearing); Resolution no. 2007-092 and 2007-093 8. Consider approving the Interim CIP for 2008 — 2012; Resolution no. 2007-094 9. Consider adopting Ordinance no. 97-203 Interim Use Ordinance a. Consider adopting an ordinance no. 97-204 to allow horses as an interim permitted use in the PF Zoning district b. Consider adopting Ordinance no. 97-205 to amend regulations governing non-agricultural low impact uses and to allow such as an interim permitted use in the HD -A -BP zoning district 10. Consider adopting Ordinance no. 97-206 Square Footage for Accessory Building 11. Review site plan for City Hall Annex 12. Planning Commission terms as a result of new ordinance 13. Legal opinion on the number of new housing units required in the comprehensive plan K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be added to the agenda.) • Mayor and Council Members • Administrator Attorney • Finance Surface water billing (attach report) L. ADJOURN APPROVED MINUTES: January 8, 2008 City of Lake Elmo City Council Meeting Minutes December 4, 2007 Mayor Johnston called the meeting to order at 7 p.m. PRESENT: Mayor Johnston, Council Members DeLapp, Johnson (departed at 10:10 p.m.), Park and Smith (departed 9:30 p.m.) Also Present: City Administrator Hoyt, Finance Director Bouthilet, City Attorney Filla, Planner Matzek, City Engineer Griffin and City Clerk Lumby Approval of Agenda: MOTION: Council Member Johnson moved approval of the December 4, 2007 agenda as amended. Council Member Smith seconded the motion. The motion passed unanimously ORDER OF BUSINESS: Mayor Johnston reviewed the order of business. APPROVE MINUTES: November 5, 2007 minutes The minutes were approved by Council consensus. November 20, 2007 minutes The minutes were approved by Council consensus. PUBLIC COMMENTS/INQUIRIES: None CONSENT AGENDA; MOTION: Council Member Johnson moved to remove item #5 for discussion and approve the remaining consent agenda as presented, Council Member Smith seconded the motion. The motion passed unanimously. • Approve Resolution no. 2007-090 for claims in the amount of $194,327.90 • Consider approval of 2008 Liquor License Renewal as presented • Consider approval of one -day off site charitable gambling license for Maplewood/Oalcdale Lions Club; Resolution No. 2007-091 • Consider adopting ordinance no. 97-202 approving amended 2007 fee schedule for water and sewer rates LAKE ELMO CITY COUNCIL MINUTES December 4, 2007 Highway 5 Directional Signs for Sunfish Lake Park with placement of two signs in the east and west bound Highway 5 right-of-wU adjacent to Stillwater Lane (west intersection) to direct the public to Sunfish Lake Park The Public Works Superintendent and Parks Commission are asking the City Council for approval of the placement of two signs to guide the public to Sunfish Lake Park at an expenditure of $1,266 plus tax. MOTION: Council Member Johnson moved to approve Highway S Directional Signs for Sunfish Lake Park with placement of the two signs in the east and west bound Highway 5 right-of-way adjacent to Stillwater Lane (west intersection) in the amount of $1,266.00. Council Member Smith seconded the motion. Mayor Johnston and Council Members Johnson, Park Smith voted in favor of the motion. Council Member DeLapp voted against the motion. REGULAR AGENDA: Review site plan for City Hall Annex Senior Planner Ben Gozola reported that the City Council is being asked to conduct a site plan review for the proposed replacement annex to City Hall. The site plan review process is required for all non-residential construction in Lake Elmo. Staff has reviewed the proposed site plan and associated documentation and is recommending the project move forward as proposed. All required documentation was submitted and conforms to code regulations. MOTION. Council Member DeLapp moved to approve the proposed site plan to replace the existing City Hall annex. Council Member Smith seconded the motion. The motion passed unanimously. Consider adopting Ordinance no. 97-203 Interim Use Ordinance Senior Planner, Ben Gozola, reported the City Council is being asked to consider an ordinance to establish regulations governing the issuance of interim use permits (IUPs). IUP's will terminate on a specific date, at the occurrence of a specific event or until zoning regulations would no longer permit such a use. Establishment of an interim use ordinance is an item on the 2007 work plan, and was recently identified as a high priority item to address. The staff and the planning commission recommended approval of the ordinance to govern the issuance of interim use permits. MOTION: Council Member Johnson moved to adopt Ordinance no. 97-203, An ordinance adopting regulations to govern the issuance of interim use permits and the proposed consent agreement for IUP applicants in the City of Lake Elmo. Council Member DeLapp seconded the motion. The motion passed unanimously. LAKE ELMO CITY COUNCIL MINUTES December 4, 2007 2 MOTION Council Member Park moved to amend motion to change maximum time limit of three years or less for an Interim Use Permits. Council Member Smith seconded the motion. Council Members Park and Smith voted,for the motion. Mayor Johnston and Council Members Johnson and DeLapp voted against the motion. The motion failed. MOTION: Council Member Johnson moved to adopt Resolution no. 2007-09 A summary of Ordinance no. 97-203. Council Member DeLapp seconded the motion. The motion passed unanimously. Consider adopting an ordinance no.97-204 to allow horses as an interim permitted use in the PF Zoning District Senior Planner Ben Gozola reported the City Council is being asked to discuss an ordinance to allow horses as an interim use in the public facilities zoning district. The ordinance has come forward at the request of the planning Commission and City Council in response to a recent church request to allow the keeping of horses. The planner provided two ordinance options for Council consideration. Both are identical except that one would permit horses as an interim permitted use on all PF zone property. Attorney Filla explained there is a potential problem to permit horses in PF zoned property limited to churches only and not appropriate on all PF zone property. Ben Gozola passed on Pastor Mark Anderson's request that the fee paid for the Conditional Use Application, which was denied, be applied to the Interim Use Permit fee. The Council doesn't have the authority to refund an application fee. It was noted that an Interim Use Permit fee has not been established. MOTION: Council Member Johnson moved to table this item until the next council meeting to provide time to consider whether horses would be appropriate on all PF zoned property, or whether horses should be limited to churches only. Council Member Smith seconded the motion. The motion passed unanimously Consider adopting Ordinance no. 97-205 to amend regulations governing non-agricultural low impact uses and to allow such as an interim permitted use in the HD -A -BP zoning district Senior Planner Ben Gozola reported the City Council is being asked to discuss an ordinance to amend the existing standards governing non-agricultural low impact uses and to make such uses an interim permitted use in the HD -A -BP zoning district. The ordinance came forward at the request of the Planning Commission and City Council in response to a recent application that prompted an examination of existing codes. Both the Planning Commission and Council felt that added flexibility may be needed in code to allow non-agricultural low impact uses on an interim basis within holding districts south of 10t" Street. Terry Emerson has a CUP for the location of Laidlaw Bus Company, but the CUP cannot be changed. He said an IUP would give him additional use when he comes in with an LAKE ELMO CITY COUNCIL MINUTES December 4, 2007 application. Mr. Emerson said the proposed ordinance would not fit his use because he would need 6.6 trips per acre. An IUP would be renewed every two years and he has a contract with the Laidlaw bus company for four years. MOTION: Council Member DeLapp moved to adopt ordinance 97-205 amending regulations governing non-agricultural low impact uses and to make such uses an interim permitted use in the HD -A -BP zoning district. Mayor Johnston seconded the motion. Mayor Johnston and Council Members Johnson, Park, Smith voted in favor of the motion. Council Member Park voted against the motion. Consider adopting Ordinance no. 97-206 Square Footage for Accessory Building Senior Planner Ben Gozola reported the City Council is being asked to consider an ordinance to clarify the existing accessory building regulations in city code. The ordinance would clear up the following: - The maximum square footage for each allowed accessory structure in Agricultural zoned areas could be 2000 square feet. - Accessory structures on rural residential zoned properties in excess of 15 acres would all be subject to code requirements. - A one acre property zoned Rl, RED, or OP will now be subject to only one set of regulations. MOTION: Council Member Johnson moved to adopt Ordinance 97-206 an ordinance to address accessory building regulations as recommended by the planning commission on October 23, 2006 and November 26, 2007. Council Member Park seconded the motion. The motion passed unanimously. Consider approving an appointment profess for the Planning Commission to transition to the Ordinance 97-200 which provides for the expiration of terms on December 31 of any year and for the staggering of terms Sharon Lumby, City Clerk, reported the City Council is being asked to approve an appointment process to transition from the current appointment schedule to the one recently adopted, which has terms expiring on December 31 of any year and requires a staggering of terms. City staff provided three options: Option # 1 Extend current terms expiring in mid-2008 to December 31, 2007, Extend current terms expiring in early 2009 to December 31, 2009, Option #2 Terminate appointments that expire in mid-term 2008 on December 31, 2007, Terminate appointments that expire in mid -tern 2009 to expire on December 31, 2009 and Option #3 Maintain current appointment expiration terms; interview for candidates in January, 2008 and in January, 2009 with appointments starting when current appointments expires. LAKE ELMO CITY COUNCIL MINUTES December 4, 2007 4 MOTION: Council Member Park moved to adopt Option #3. Mayor Johnston seconded the motion. Mayor Johnston and Council Members Park Johnson, Smith voted in favor of the motion. Council Member DeLapp voted against the motion. Legal opinion on the number of new housing units required in the Comprehensive plan The City Council requested a legal opinion from the City Attorney on the net number of new housing units required in the comprehensive plan which was provided by Attorney Filla in his letter dat4ed November 30, 2007 to the Council. The information is necessary for one of the development scenarios in the Alternative Urban Area Wide Review (AUAR) process. Todd Williams, 3025 Lake Elmo Avenue, stated Attorney Filla made an error in his calculations and responded with his count for sewered housing units in the Old Village Area. Council Member Smith left council meeting at 9:40 p.m. Council Member DeLapp submitted his summary review, dated December 4, 2007, of the Comprehensive Plan to determine the statement denoting the number of new housing units proposed for platting in the expanded portion of the Old Village. (Summary is attached to these minutes.) In his opinion, he thought this was a planning issue and not a legal issue. Council Member Johnson left the council meeting at 10:10 p.m. Adopt 2008 General Fund Budget & Levy (subsequent hearing); Resolution no. 2007-092 and 2007-094 Tom Bouthilet, Finance Director, reported the City Council is being asked to consider and approve the final 2008 General Fund Budget and Levy. The 2008 proposed local tax rate increased from 18.27% in 2007 to 20.54% which will generate an additional $69,400 in tax revenue. The General Fund Budget revenues declined by $452,000 primarily due to building and related fees. Expenditures were reduced with a substantial decrease to capital contributions in the amount of $413,000 and reallocation of two budgeted departments from the previous year's budget, One notable increase is in the law enforcement account which increased by $46,000. MOTION: Council Member Park moved to adopt Resolution 2007-092 approving the final tax levy in the amount of $2, 598, 000 and Resolution 2007-093 approving the General Fund Budget in the amount of $3, 504, 237. Council Member Johnston seconded the motion. Mayor Johnston and Council Member Park voted in favor of the motion. Council Member DeLapp voted against the motion. LAKE ELMO CITY COUNCIL MINUTES December 4, 2007 Consider approving the Interim CIP for 2008 — 2012: Resolution no. 2007-094 Finance Director, Tom Bouthilet. Reported the City Council is being asked to consider approval of the interim 2008-2012 Capital Improvement Plan (CIP). The Planning Commission and Park Commission recommended the CIP be forwarded to the Council. MOTION: Council Member DeLapp moved to adopt Resolution no. 2007-094 approving the interim 2008-2012 Capital Improvement Plan. Mayor Johnston seconded the motion. The motion passed unanimously. REPORTS AND ANNOUNCEMENTS: The Finance Director gave an update on Surface Water Billing. The Mayor adjourned the meeting at 10:30 p.m. Respectfully Submitted by Sharon Lumby, City Clerk Resolution no. 2007-090 claims Resolution no. 2007-091 Charitable gambling license Maplewood/Oakdale Lions Club Resolution no. 2007-092 Approve final tax levy in amount of $2,598,000 Resolution no. 2007-093 Approve General Fund Budget in amount of $3,504,237 Resolution no. 2007-094 Approve the interim 2008-2012 Capital Improvement Plan Ordinance no. 97-202 Amend 2007 fee schedule for water and sewer rates Ordinance no. 97-203 Interim Use Permits Ordinance no. 97-204 Allow horses as an interim permitted use in the PF Zoning District Ordinance no. 97-205 Amend regulations governing non-agricultural low impact uses and make such uses an interim permitted use in HD -A -BP zoning district Ordinance no. 97-206 Square footage for accessory buildings LAKE ELMO CITY COUNCIL MINUTES December 4, 2007 Memo To: Council From: Steve IDeLapp Dee 2007 Purpose: To summarize my review of the Comp. Plan to determine statements denoting the number of new housing units proposed for platting in the expanded portion of the Old Village. Key Indicators: 1. From the Introduction to the Old Village Section (page III-9)° "Fresh from an agreement with the Metropolitan Council, the City focused on the need to preserve the character of the Old Village as it prepared to accept 440 units of new housing, with a bonus system to allow an increase to 6,0 units." h This sentence is demonstrated to be the premise for all further comments in the detailed text of the Comp Plan, in the map and associated table showing th6ocation and size of different zoning densities and in the table which shows the number of new housing REC's mandated by the MOU (the mandated RECs are not mandated for the Old Village, but for the City as a whole) at the end of each 5 year period from Dec. 31, 2010 to Dec. 31, 2030. From the closing sentence of Infrastructure Section of the Old Village Section (page III-14): "it (the Plan) recognizes that these systems (other utilities) will have to be in place to accept the demands of up to 600 new units of housing in the "new" Old Village." Summary of information in MOU and Comp Plan M.O.U. Should the City determine to extend Regional Sewer service to the existing Cimarron manufactured housing neighborhood (500 RECs), existing old Village housing (up to 500 RECs), and/or new old Village housing (up to 500 RECs), all utilized RECs shall be counted toward the expected community totals. Up to 1,000 RECs may be used in the Old Village. It is understood that the average density of the aforementioned Old Village units shall be at least 3 units per acre. My interpretation: The City may, if it chooses, transfer, from the mandated RECs for new housing and commercial development south of 10a` Street, 500 REC's to Cimarron. (In reality, Cimarron could use about 508 REC's, if all the housing units and the Club House/Mgnt Office and convenience commercial area had been included.) The City may, if it chooses, transfer, from the mandated RECs for new .housing and commercial development south of 10"' Street, up to 196 REC's in exchange for connecting the 196 existing housing units in the Old Village. (There is no provision for commercial or civic building. The Comp Plan however does address this and anticipates some of the 500 REC's dedicated to existing structures to be used for businesses, when requested by owners willing. The Met Council may or may not have seen this amendment of the MOU.—see Item 5, pg. II-8.) The City may, if it chooses,transfer, from the mandated RECs for new housing and commercial development south of 10t' Street, up to 500 REC's in exchange for connecting up to 500 new housing units in the Old Village. (There is no provision for commercial or civic buildings, and the gross density of the new units will determine the extent to which existing houses can be connected, since the gross density of most of the Old Village housing is much lower than 3 units per acre.) Old Village Zoning Districts with densities and areas from Chapter III Land Use VR Mid to High Density (VR-HI3) My interpretation: 100 rental units proposed for site of Lake Elmo Hardwood Lumber References: Letter from Chuck Dillerud to Bob Mazanec dated Tan. 31, 2006 and inserted as preface to Chapter 3 of Comp Plan: " 5.b The land use guiding capability for Village Area development to, by 2011, result in 100 rental units . . ." (Missing in City .pdf of Comp. Plan.) Comp Plan, page III-4: Paragraph defining VR-HD This sub -classification is limited to a single developed site of approximately 7acres located within the existing Old Village, and will not be assignable to any other location. This classification suggests redevelopment of the subject site from its currently non- conforming industrial use (Lake Elmo Hardwood) to rental housing up to 100 units —14.5 per acre. Comp Plan, page III-7: (Table ol) Future Land Uses VR-HD 7 Acres Comp Plan, following page III-14 and inserted without being given a page number or map number: Preliminazy Village Area Future Land Use May Map shows location of LakeElmo Hardwood Lumber and designation as VR-HD VR Mixed Use/Medium Density (VR-MU/MD) My interpretation: 205 - 276 housing units to be built in this District. City option. The total area for this district is 86 acres, of which 45 (or 41-46) is reserved for VR-MD housing at 5-6 units per acre and the rest is set aside for VR-MU commercial. References: Letter from Chuck Dillerud to Bob Mazanec. dated Jan. 31, 2006 and inserted as preface to Chapter 3 of Comp Plan: " 5.b The land use guiding capability for Village Area development to, by 2011, result in ...tbe equivalent of 41-46 acres of residential development at 5-6 units per acre." (Missing in City .pdf of Comp. Plan.) Comp Plan, page III-4: "....the equivalent of 45 acres of residential use at a use density of 5-6 units per acre. . ...obtainable only by Transfer of Development rights from portions of the Village Area sub -classified VR-GB and VR-P/5." Comp Plan, page III-7: (Table og Future Land Uses VR-MU/MD 86 Acres (N.B. This is consistent with the Letter to Bob Mazanec, the table in the Comp. Plan, and the related map when it is understood that the Mixed Use Component has housing only on the second floor of shops and offices and this limited housing contributes an effective 41-46 acres, with 5-6 units of housing per acre.) Comp Plan, following page III-14 and inserted without being given a page number or map number: Preliminary Village Area Future Land Use Map Map shows (by my estimate) 90 acres of land in this category, surrounding the immediate Old Village. (N.B. This is in contradiction with the Letter to Bob Mazanec and the text in the body of the Comp. Plan, but consistent with the related table.) VR Low Density -LD My interpretation: 231-339 housing units at City option References: Comp Plan, page 1I1-5: "This sub -classification is intended to accommodate residential development at a density of 3-4.4 dwelling units per acre. ." (No size or number of units specified.) Comp Plan, page III-7: (Table ofl Future Land Uses VR-LD 77 Acres Comp Plan, following page 111-14 and inserted without being given a page number or map number: Preliminary Village Area Future Land Use Map Map shows (by my estimate) about 77 acres of land in this category, soutb of the tracks and east of Reid Park. VIZ Green Belt (VI2 -GB ) My interpretation: no new housing units within defined Green Belt References: Comp Plan, page III-5: "This sub -classification is intended to provide the geographic edge to the Village Area as well as to function as measure to ensure protection of the Lake Elmo Airport Safety zones: as a location fr ("for").the surface water holding required to accommodate new impervious surface run-off, ...and ... a horse farm... The VR-GB sub- classification does retain current development rights of 0.45 dwelling units per acre, but those development right ("rights") may only be exercised by sale to developers of the VR-MU/MD and VR-LD sub -classifications trough a Transfer of Development Rights program." Comp Plan, page III-7: (Table ofi Future Land Uses VR-GB 717 Acres Comp Plan, following page I11-14 and inserted without being given a page number or map number: Preliminary Village Area Future Land Use Map Map shows (by my estimate) about 750 acres of land in this category. Conclusion The City anticipates connecting 600 new sewered housing units, subject to implementation of a Transfer of Development program (and cooperation between developers/landowners) in the Old Village. It expects to complete 515 units by the end of 2010 and the remaining 85 by the end of 2015. At that time, the City will have 600 REC's used in the Old Village. This number will remain stationary until the end of 2025, when the City will anticipate the connection of up to 196 existing housing units and providing up to 210 REC's for non-residential buildings (using current knowledge, as opposed to the assumptions made in 2005) in the Old Village. There will be ample time between now and 2026 for the City to resolve the conflict between the Met Council's. willingness to allow the transfer of 500 mandatory REC's from South of 10th Street to the Old Village, and the November 2007 determination that there are only 196 possible existing houses to connect. For example, a future Met Council maybe willing to count the 200 plus REC's anticipated for existing commercial and civic buildings. This is based on the MOU, which gives the City transfer credits for up to 500 units from south of 10th Street, and from the Letter from Chuck Dillerud to Bob Mazanec dated Jan. 31, 2006: "In concert, the map and text address the following: a. Future new sewered development within the Village Area that will generate 500+ REC's at 3 dwelling units per acre average." It is further based on the only reasonable interpretation of the Council's long held intent to sewer 600 new housing units and (up to) 500 existing housing units. This is seen in the Staging Plan, which states that the City will expect 515 sewered housing units between now and the end of 2010, along with 2,200 new residents, at 2.75 residents per unit. In addition, Item No. 5 on page 1I-8, is very telling: In plain language this Item states that 1,000 REC's will be "reserved" for the Old Village, Of the 1,000 REC's, 500 will be "maintained" to provide Regional Wastewater Service to all existing residential and non-residential properties —+/- 410 identified - in the Village Area now served by on -site or remote 201 systems. The City will not order existing residents or businesses to connect, subject to a health threat. "The remaining (500) REC's shall be made available for new development within the Village Area,only if said new development is consistent with the Village Plan." Table of new housing shown in Comp Plan in the Old Village Zone Units/Acre Acres Min. Units 1. VR/HD 14.5 7 100 2. VR/LD 3 77 231* 3. VR MU/MD 5 Net 41 of 86 205* 4. VR PIS 0.45 (TDR) 43 0 5. VR/GB 0.45 (TDR) 717 0 Total 930 Acres Total 546 Units *There is an implicit expectation that the combined housing in VR/LD and VR MU/MD will equal 490 units, if the land owners coordinate their efforts and the TRD program is implemented. This will be necessary to provide the "bonus" units listed in the Staging Plan. Regional Sewer Is proposed, but optional.