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HomeMy WebLinkAbout03-29-05 Minutes • CITY OF OAK PARK HEIGHTS 7:00 P.M. TUESDAY, MARCH 29, 2005 CITY COUNCIL MEETING MINUTES I. Call to Order /Pledge of Allegiance /Approval of Agenda: The meeting was called to order at 7:00 p.m. by Mayor Beaudet. Present: Councilmembers Abrahamson, Doerr, McComber and Swenson. Staff present: Administrator Johnson, City Attorney Vierling, City Engineer Postler, and City Planner Richards. Absent: None. Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Agenda as presented. Carried 5 — 0. II. Department /Council Liaison Reports: A. Planning Commission: City Planner Richards reported that the Planning Commission met on March 10 and has sent a recommendation on the Pine Grove Gardens proposal from that meeting. The next meeting is April 14, 2005 and there are two public hearings on the agenda. • B. Parks Commission: Councilmember Abrahamson reported that the Parks Commission will meet on April 18 at 5:30 p.m. for the spring parks walk through and at 7:00 p.m. for the regular meeting. C. Cable Commission: Councilmember Doerr reported that the Cable Commission held a budget worksession earlier in the day. Councilmember Doerr also announced that the Supreme Court will hear two cases on April 6, 2005 at 9:00 a.m. in the Stillwater Area High School auditorium. The Cable Commission will broadcast the event on the local access channels. D. Water Management Orizanizations/Middle St. Croix: Mayor Beaudet reported that the Middle St. Croix will meet on April 14, 2005, 7:00 p.m. at the Washington County Conservation District office. E. Other Liaison/Staff Reports: Councilmember McComber reported that the Stakeholders meeting has been delayed from May until June which will cause a delay in the issuance of the final EIS. Councilmember McComber also reported on her recent trip to Washington D.C., noting that the federal transportation budget has passed the House and may be through the Senate by the end of April. • City Council Meeting Minutes March 29, 2005 Page 2 of 5 • Councilmember Doerr reported that he attended a MnDOT meeting on the proposed loop trail system. Councilmember Doerr also commented on a story published in the Courier News that he felt did not accurately represent the City's position on the Washington County parking lot issue. III. Visitors /Public Comment: RecvclinR Award. Administrative Secretary Johnson reported that Michael Leitzen of 14206 57` Street North was chosen to receive the recycling award. IV. Consent A eg nda: A. Approve Bills & Investments B. Approve City Council Minutes — March 8, 2005 C. Approve Arbor Day Proclamation D. Approve Removal of Nuisance Boulevard Tree E. Accept Donation from Chris and Sheila Martin F. Approve Premises Permit for Stillwater VFW Post 323 to Conduct Lawful Gambling at the Millroad Inn G. Approve SuperAmerica #4549 — Thomas Zwirn License to Sell Consumer Fireworks May 1, 2005 through April 30, 2006 is H. Approve Amendment to Interim Use Permit — Xcel Energy Councilmember McComber pulled item B for discussion. Councilmember McComber, seconded by Councilmember Doerr, moved to approve the Consent Agenda as amended. Roll call vote taken. Carried 5 — 0. Councilmember McComber, seconded by Councilmember Swenson, moved to amend the March 8, 2005 minutes under item VII.D. to record an affirmative vote from Councilmember McComber on the first motion. Carried 5 — 0. V. Public Hearings: None. VI. New Business: A. Pine Grove Gardens Develop_ ment — Rezoning and Comn_ rehensive Plan Amendment City Planner Richards presented a request for rezoning and a comprehensive Plan amendment from Oak Park Heights Development, LLC, for a 26 unit townhome project. Richards stated that the request is to change the zoning from open space • to R -3, multiple family residential. The proposed development would subdivide the site into 26 lots and 2 outlots. Richards reviewed the layout of the lots, City Council Meeting Minutes March 29, 2005 Page 3 of 5 buildings, streets and trails, noting that the Planning Commission expressed concern that setbacks are not met. Richards also reviewed the three points on the second page of the draft Resolution that express the findings of the Planning Commission concerning the site. Discussion was held concerning allowed uses in the R -3 district and the potential impact a zoning change would have on the surrounding properties. Emergency vehicle access was also discussed with Councilmembers McComber and Swenson expressing concern that the site would not be accessible to emergency vehicles due to street width and layout. Mayor Beaudet stated that the property is better suited for commercial use. Councilmember Doerr, seconded by Councilmember McComber, moved to approve the Resolution as presented. Failed 2 — 3, Beaudet, Abrahamson and Swenson opposed. Mayor Beaudet, seconded by Councilmember Swenson, moved to direct staff to prepare findings of fact for denial of the application. Carried 4 — 1, Doerr opposed. B. Lowe's Development (PUD, Site Review) • City Administrator Johnson stated that the City has received correspondence from the developer requesting that their application be considered at the April 26, 2005 Council meeting. Administrator Johnson noted that the Council must take action on this request no later than the May 10 meeting as the 120 day timeline will expire in mid -May. Mayor Beaudet requested that staff send correspondence to the developer clarifying that the delay is at the applicant's request. C. Schedule Audit Review Worksession — April 12, 2005 Councilmember Doerr, seconded by Councilmember McComber, moved to schedule an untelevised audit review worksession at 5:30 p.m. on April 12, 2005. Carried 5 — 0. VII. Old Business. A. Approve Wal -Mart Developer's Agreement City Attorney Vierling explained that staff has prepared a draft Developer's Agreement and Conditional Use Permit. WalMart has raised concerns over the documents and has requested amendments to the term of the CUP and the posting of securities. Attorney Vierling noted that the City usually requires the • Developer's Agreement signed and securities posted at the time the plat is recorded. City Council Meeting Minutes March 29, 2005 Page 4 of 5 Dave Selligren, legal counsel for Wa1Mart requested a one year extension on the CUP to accommodate the construction schedule. Mr. Selligren also stated that Wa1Mart wants to have the Developer's Agreement signed prior to closing on the purchase of additional land for the expansion and will post securities prior to applying for building permits. Lengthy discussion was held concerning the posting of securities for Plan A and Plan B improvements. City Attorney Vierling cautioned that the City has no way of predicting what the actual costs will be for the improvements and advised that the City should not accept any risk. If the City extends the permit date to accommodate the developer the City should have the ability to adjust the Developer's Agreement to cover actual costs. Mr. Selligren stated that Wa1Mart would agree to pay the actual Plan A improvement costs as those are the costs for construction of the store expansion. Mr. Selligren asked for a cap on the cost for the Plan B improvements, which are water, sewer and street improvements to be installed by the City and suggested a cap of $140,000, which is forty percent higher than the figure proposed by the City. Mr. Selligren stated that the additional forty percent would more than cover increased costs associated with delaying the project for one year. Discussion was held with Councilmembers expressing concern over the potential for cost increases for the Plan B improvements between the date of execution of the Developer's Agreement and the actual bidding of the project. The Council was not in favor of completing the improvements until Wa1Mart commences construction of its expansion in the event that the project did not go forward. Because Wa1Mart is an existing business in the City, Councilmembers agreed that there would be little risk to the City by agreeing to a delay in the posting of escrow funds. Mayor Beaudet, seconded by Councilmember Doerr, moved to extend the Wa1Mart CUP term to 18 months with a beginning date of March 9, 2005. Carried 5 — 0. Mayor Beaudet, seconded by Councilmember Swenson, moved to require the posting of the Plan B escrow of $200,000 by February 9, 2006 and require posting of the Plan A escrow at the time of obtaining the building permit with the transaction void if the construction permit is not pulled by February 9, 2006. Failed 2 — 3, Abrahamson, Doerr and McComber opposed. Councilmember Abrahamson, seconded by Councilmember McComber, moved to allow execution of the Developer's Agreement and delay the deadline for the posting of escrows to February 9, 2006 if the Developer will guarantee that Plan B actual costs will be paid. Carried 4 — 1, Councilmember Doerr opposed. City Council Meeting Minutes March 29, 2005 Page 5 of 5 VIII. Adiournment. Councilmember McComber, seconded by Councilmember Doerr, moved to adjourn at 8:47 p.m. Carried 5 — 0. Respectfully submitted, Vudet tent and , aon ulie Jo Administrative Secretary Mayor