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HomeMy WebLinkAbout08-26-2002 MAC and Planning Packet4 CITY OF LAKE ELMO City of Lake Elmo Phone: 651-777-5510 Fax: 651-777-9615 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 MAINTENANCE ADVISORY SPECIAL PROJECTS PLANNING COMMISSION AGENDA FOR MONDAY, AUGUST 26, 2002, 6:00 P.M. Workshop with City Council Community Facilities Planning 1. Agenda 2. Community Facilities Planning 3. Adjourn Maintenance Advisory Special Projects Planning Commission 1. Agenda 2. Amended Draft Minutes of July 22, 2002 3. General Business Uses 4. Landscape Architect for OP Concept Plan Review 5. Adjourn %if printed on recycled paper MEMO (August 22, 2002) To: Lake Elmo 0 page Special Projects Planning Commission From: Chuck Subject: Old Village Neighborhood Design Project Due to scheduling conflicts with our consultants it will be necessary to move the session originally scheduled for August 26 to September 9. At that meeting Thorbeck will present background work (land suitability and drainage considerations) completed on the project to date, and alternative concept plans that respond to that background work for Commission review. I will also have the Public Forum Facilitator available at this meeting to discuss the Forum process. It is the intent on September 9 for the Commission to both decide which alternative concept plans will be presented for Public comments at the first Forum; and, to decide the format and timing of that Forum. Please note the September 9 meeting date on your calendars. This is a regular Planning Commission meeting night as well. I will endeavor to hold other business off the September 9 agenda to permit singular focus on the Old Village planning effort. AGREEMENT FOR CONSULTING SERVICES Between the OWNER: City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 and the CONSULTANT: Thorbeck Architects, Ltd. 1409 Willow Street Minneapolis, MN 55403 Whereas, the City of Lake Elmo issued an RFP for Consulting Services for the Old Village Neighborhood Design Study, and Whereas, Consultant submitted a proposal in response to the RFP, dated January 11, 2002, and has been selected by the Lake Elmo City Council to provide the planning services. Now therefore, it is hereby agreed by and between the parties hereto: GENERAL: 1. For the purposes of the agreement the authorized agent for the Consultant will be Dewey Thorbeck, FAIA, as the Principal -in -Charge. 2. The Land and Water Design Institute, represented by Robert Sykes, ASLA, will be a sub - consultant on waste and storm water issues. WORK TASKS: The following work tasks and the resulting products were outlined in the proposal, prepared by Consultant, dated January 11, 2002: Task No. 1 - Clarify Project Objectives Review of existing documents and sites analysis to determine Village Scale Housing opportunities and constraints for study area, and meet with the Staff and Planning Commission in order to come to an understanding on the goals and vision for the project. Task Product: Written description and diagram of opportunities and constraints, including transportation ideas, Central Place functions, and sustainable household waste water and surface water treatments to protect human, animal, and environmental health and safety. Task No. 2 - Develop Design Concepts and conduct Public Forum Develop a series of design alternatives that address the opportunities and constraints and goals and vision for the project identified in Task 1; and presentation of alternatives at public forum to select preferred alternative or concept ideas. Task Product Diagrams, plans, rough sketches of at least three different residential (dwelling and neighborhood) design alternatives and presentation of alternatives at public forum to identify preferred alternative or concept ideas. Task No. 3 - Prepare Graphics and conduct Public Forum Preparation of draft graphics and text depicting site specific applications of the favored design alternatives, including the impacts/requirements for alternative waste water systems including constructed wetland systems, stormwater/flooding control, and transportation layouts. Presentation of site specific design alternatives at public forum to select preferred alternative or concept ideas, including optional financial tools for the City to consider so that the housing is more affordable. Modify selected alternative as required/requested at public forum. Task Product Rendered images of concept designs and accompanying text for publication. Task No. 4 - Prepare Design Guide Develop a Design Guide which will explain the vision of the concept design for "Village Scale Housing". Annotated photographs, diagrammatic maps, illustrative sketches and other graphic and text material in the Design Guide will help to convey design ideas to illustrate the intent that new village scale housing adjacent to the existing Village Area housing shall reflect the character and scale of the existing development. Task Product Design Guide in digital and hard copy format for utilization by City. CONSULTANT FEE: The City of Lake Elmo shall compensate Consultant on the following basis: 1. At the hourly billing rate of the people involved against a not -to -exceed amount of $28,900, plus reimbursable expenses. 2. Extra Services, when requested by the Owner, will be billed at the hourly rate of people involved. 3. Compensate Consultant for reimbursable expenses (mileage, printing, photography, communications, postage, etc.) directly attributed to the project. These expenses are billed at 1.10 times actual cost. SCHEDULE: This project is one element of the Lake Elmo 2001-2003 CBDG Program, scheduled for Federal Funding through Washington County on July 1, 2001. The Owner shall notify consultant and provide direction to proceed. OTHER REQUIREMENTS: 1. Consultant certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; B. If any funds other that Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and C. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreceipients shall certify and disclose accordingly. 2. Consultant agrees that the Federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: a. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and b. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. In witness whereof, the City of Lake Elmo has caused this Agreement to be duly executed in its behalf and Consultant has caused the same to be duly executed in its behalf. OWNER: CONSULTANT: City of Lake Elmo Thorbeck Architects, Ltd. Mayor City Administrator Date: Dewey Thorbeck President Date: 07/24/2002 10:29 FAX j00a AGREEMENT FOR SERVICES Upon mutual acceptance, this shall constitute the agreement between The City of Lake Elmo ("Lake Elmo") and. Real Estate Strategies LLC ("RESlIc") for services related to facilitation ofpublic meetings related to the Old Village Neighborhood Design being undertaken by Thorbeck Architects. It is understood and agreed that R.ESl'lc shall perform for Lake Elmo those services as outlined on Exhibit "A" attached hereto and made port hereof, and shall be compensated for those services in accordance with the terms outlined on Exhibit "13" attached hereto and made part hereof. This agreement shall remain in effect as to services provided until such time as it terminates in accordance with Section #3 of Exhibit 13 hereto or until services arc complete. Lake Elmo agrees to hold RES11c harmless and inderrrnify RES11c against any claim arising during the term of its engagement or after, other than instances in which RESIic is determined to have been willfully negligent, so long as RESlle has acted in good faith, within the scope of this assignment and the understanding of specific direction from Chuck Dillerud at Lake Elmo. Please signify your acceptance of the terms and conditions of this agreement by signing in the space below. You may retain one copy for your files and return one signed original to us. We look forward. to working with you on this project. Very truly yours, REAL ESTATE STRATEGIES LLC Sarah B. Harris, CRE Chief Operating Officer sharris®6l4co.com Accepted and Agreed: The City of Lake Elmo Attachinents: By: Exhibit A - RESIle Responsibilities Its: Exhibit B - Basis of Compensation Date: 07/24/2002 10:29 FAX 004 EXHIBIT "A" RESIIc Responsibilities 1. Design Team Meetings -- RESlle will meet with representatives of Lake Elmo and the design. team (e.g., Duane Thorbeck) to: a) review alternative project plans and status; b) determine public forum participants and method/s of soliciting their attendance; c) strategize the best method of interacting with, and involving participants; and d) identify issues and desired outcomes of two public forums (i.e., determine what `majority support' means and how to achieve it). There shall be two design team meetings prior to each public forurn (some of these design team meetings may be accomplished via telephone depending on content). 2. Facilitation of Public Forums — Attend public forums and facilitate: a) review and presentation of factual project information; b) review of project alternatives; c) participant discussion and response (manner of participation and response to be determined in planning meetings)_ It is assumed that the public forums will have an approximate attendance of 30-40 people each. The above scope assumes the following number of meetings and time allotments (occurring over a three month period): Design Team Meeting Design Team Meeting Public Forum #1 Design Team Meeting Design Team Meeting Public Forum #2 5 Hours (inncludes prep and travel tune) 2 Hours (includes prcp and travel time) 5 Hours (includes prep and travel time) 5 Hours (includes prep and travel time) 3 Hours (includes prep and travel time) 5 Hours (includes prep and travel time) The City and or design team shall be responsible to create and/or provide all materials necessary for presentations, communication and invitations required for all of the above activities. nie Cky of Lake Elmo July 24, 2002 Page 2 B IagmLdoc 07/24/2002 10:30 FAX 005 EXHIBIT "B" Basis of Compensation for Services 1. Basis of payment: RESIlc will bill for actual time spent in the act of providing the services delineated on Exhibit "A" fora maximum fee of $5,000 billed on the basis of $195.00 per hour for Sarah B, Harris, and $125.00 per hour for other RES11c personnel, with Ms. Harris having primary responsibility for providing the services. The charges will be all inclusive as to ordinary mileage, photocopying, telefaxing, long distance phone charges, courier delivery services, etc., provided that the services are performed within the Twin City Metropolitan Area. Additional travel or unusual expenses shall notbe incurred without prior approval from Lake Elmo. 2. Invoices: RES11c will submit invoices no more frequently than monthly. Payment by Lake Elmo will be due within 30 days of the receipt of the invoice. 3. Termination: This Agreement shall terminate upon written notice provided by one party to the other (at the addresses listed below or as changed by notice from time to tirne) stating an effective date of termination_ Upon termination, Lake Elmo shall pay for all services rendered by RESllc up to and including the date of termination_ As to RES11e: Sarah B. Harris, CRE Real Estate Strategies LLC 81 South Ninth Street, #220 Minneapolis, MN 55402 As to Lake Elmo Chuck Dillerud The City of Lalce Elmo 3800 Luveme Avenue North Lake Elmo; MN 55042 4. Direction: Given the complexity of the assignment, it is necessary for RES11c to have a clear understanding of the process by which project decisions will be made and direction given to RES1Ic. Therefore, Chuck Dillerud of Lake Elmo shall be the individual responsible to direct RES11c in this assignment. 77x Cfp of Lake Elmo July 24, 2002 Page 3 lktk rttdoc MINUTES APPROVED: August 20, 2002 LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 2002 5:00 P.M. WORKSHOP: Council/Staff/Sand Creek Group 1. AGENDA 2. MINUTES: July 16, 2002 3. PUBLIC INQURIES/INFORMATIONAL: A. Public Inquiries 4. CLAIMS A. Set dates for budget workshops 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Resolution Designating Abigail Grenfell as an authorized Signatory for Payment of City Funds at the Lake Elmo Bank B. Resolution Appointing Election Judges 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Maintenance Dept: Water Conservation Regulations: (1) Rent or Buy — Patching Trailer (2) Air Conditioning for Bobcat B. Parks Dept: (1) West Access Sunfish Lake Park (2) Ridge Park Ballfield (3)Hiring a part-time person C. Relief Association Schedule I and II for Lump Sum Pension Plans for Reporting Year 2002 8. CITY ENGINEER'S REPORT: A. Deer Pond Trail Drainage Problem B. Drainage Problem in Carriage Station 9. PLANNING, LAND USE & ZONING: A. Amendment to the Oakdale Gun Club B. Community Facilities/Staffing Forecast — MAC/Planning Commission Recommendation - POSTPONED C. Escrow Reduction: Lake Elmo Vista D. Old Village Streetscapes — Design Plan E. Facilitator Services Proposal — Old Village Design Study F. Update on Metropolitan Council Meeting G. Silt Fencing LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 1 10. CITY ATTORNEY'S REPORT: A. Ziertman/Sessing Discussion 11. CITY ADMINISTRATOR'S REPORT: A. Assessment Policy - POSTPONED B. Employee Evaluation: Jim McNamara C. Rental of Satellite Bldg. 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Armstrong, DeLapp, City Attorney Filla, City Engineer Prew, Planner Dillerud, Finance Director Grenfell, and City Administrator Kueffner. 1. AGENDA M/S/P Dunn/DeLapp - to approve the August 6, 2002 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: July 16, 2002 M/S/P DeLapp/Armstrong - to approve the July 16, 2002 City Council minutes, as amended. (Motion passed 5-0). 3. PUBLIC INOURIES/INFORMATIONAL: A.Public Inquiries Mayor Hunt announced the Lake Elmo City vs. Business Softball Game will be played at Lions Park on Saturday, August 10th at 4:00 p.m.. 4. CLAIMS The Council welcomed Abigail (Abby) Grenfell, the new city finance director. Attorney Shoeberg was notified of the double billing and the City was credited $180. M/S/P Siedow/Aiiiistrong - to adopt Resolution No. 2002-069 approving claim numbers 22040-22044, 22046-22060 used for the July 25, 2002 payroll and claim numbers 32, 33, 22045, 22061 through 22140 in the amount of $135,608.38. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 2 M/S/P Siedow/Armstrong - to adopt Resolution No. 2002-070 approving claim numbers 22103-22105 in the amount of $9,927.49. (Motion passed 5- 0). Budget Workshop dates: The Finance Director suggested taking a preliminary look at the budget on August 20th, at 5:15 p.m., before the regular Council meeting. The CIP will be before the Planning Commission on August 26th M/S/P Dunn/Armstrong - to call a budget workshop for Tuesday, August 20th at 5:15 p.m. (Motion passed 5-0). 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Resolution Designating Abigail Grenfell as an authorized Signatory for Payment of City Funds at the Lake Elmo Bank. M/S/P Dunn/Siedow — to adopt Resolution No. 2002-071, A Resolution Designating Abigail Grenfell as an Authorized Signatory for the payment of funds at the Lake Elmo Bank. (Motion passed 5-0). B. Resolution Appointing Election Judges M/S/P Dunn/Siedow —to adopt Resolution No. 2002-072, A Resolution Appointing Judges for State Primary Election of September 10, 2002 and General Election of November 5, 2002. (Motion passed 5-0.) 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Maintenance Dept: Water Conservation Regulations: At the July 2, 2002 meeting, the Council adopted Resolution No. 2002-061 declaring an odd/even watering ban. Following the meeting, the City received inquiries from new homeowners regarding new seed/sod, and questioned if there is an exception for their situation. The City Administrator reported Dan Olinger and Mike Bouthilet researched the issue, and it appears that other communities allow for a two to three week waiver of the ban for new seed/sod through a permit process. They both recommend that this practice be adopted. The City Administrator will redraft the resolution into an ordinance form for publication. LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 3 Council member DeLapp asked how is staff going to enforce these regulations...would it be by giving out a copy of the ordinance with each building permit or at the time of granting an occupancy permit? M/S/P Dunn/Siedow — to adopt Ordinance No. 97-113, Initiating Level 1 of the City's Water Conservation Plan, and repealing Resolution No. 2002-061. (Motion passed 4-1: DeLapp: There is no method of enforcement or staffing issues.) A. (2) Rent or Buv — Patching Trailer It was reported that the cost for renting a patching trailer is $750 a week, and the crew would need it for two weeks in the spring and two weeks in the fall. The trailer can be purchased under the State contract for under $10,000. The Maintenance Foreman indicated that if we owned our own trailer, it would allow the crew to work sporadically through the summer to fix potholes or do patching when the problems appear rather than waiting until a time specific in the spring and fall. The City Administrator noted that Dan Olinger's request was reasonable, and supported his recommendation. There is $17,162.02 in the Maintenance Department's Equipment Parts and Repairs Budget. M/S/P Dunn/Siedow — to approve purchase of patching trailer under the State Contract for under $10,000. ( Motion passed 5-0.) Air Conditioning for Bobcat The City is on a program where we trade in our Bobcat every year for a new one, at a cost of between $1,500 and $2,000. If the City paid an additional $1,500 now (the cost of the air conditioner) when we do our trade-in, we will get one with an air conditioning unit. Council member Siedow thought the purchase of this kind of equipment should have been given to MAC for them to come back to the Council with a recommendation. The City Administrator noted that Dan Olinger's request was reasonable and supported his recommendation. There is $17,162.02 in the Maintenance Department's Equipment Parts and Repairs Budget, so there is money to make both purchases. LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 4 M/S/P Dunn/Siedow - to approve purchase of air conditioning at a cost of between $1,500 and $2,000 for the Bobcat. (Motion passed 5-0). B. Parks Department (1)West Access Sunfish Lake Park The Parks Supervisor reported the Parks Commission had recommended pedestrian access into Sunfish Lake Park from the west end. This would accommodate pedestrians from the Tri-Lakes Area. Parks Supervisor Bouthilet and Commissioner Ekern met with Ron Schwarz from the MPCA and were told it would be permissible if an East-West fence was constructed along the southern edge of the site. This would create a fenced in corridor accessible by pedestrians only. (A gate would remain for maintenance vehicles.) It requires 650 feet of 6' fence at an estimated cost of $10/foot. ($6,500.00). Funding would come from the Parks Capitol Improvement Fund. Council member Armstrong voiced her hesitation with drawing people to this landfill site and the possibility for health problems. M/S/P DeLapp/Dunn - to authorize the Parks Dept. to attain at least three price quotes for a 650 foot of 6' fence to create a fenced in corridor accessible by pedestrians into Sunfish Lake Park from the west end based on approval of the MPCA for construction of an East-West fence along the southern edge of the site. (Motion passed 5-0.) (2)Ridae Park Ballfield Ride Park (in Parkview Estates) is on the Parks 2002 CIP for the completion of a ballfield. The City Engineer prepared specifications which included the finish grading and seeding around the new playground that was installed last year. This is a request to solicit quotes for Ridge Park improvements. The Parks Supervisor noted that soccer nets are available for use at our parks. M/S/P — to direct the parks department to proceed with quotes for Ridge Park Ballfield. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 5 Mike Bouthilet reported a part-time summer parks employee has resigned and asked if he could rehire William Leary to finish off the mowing season for one month and a half. Mr. Leary had been off for medical reasons. Mayor Hunt asked if we could get a doctor's release. M/S/P Siedow/Dunn —to hire William Leary, $10/Hr., for the remainder of the summer as a part-time summer parks person; subject to receiving a release from his doctor or therapist stating he can perform the work involved with park maintenance. (Motion passed 5-0). C.Relief Association Schedule I and II for Lump Sum Pension Plans for Reporting Year 2002 Brad Winkels, Fire Dept. Relief Assoc., provided the City with the Relief Association Schedules I and II for Lump Sum Pension Plans for Reporting Year 2002. The City will contribute $22,588 to this account. Council member DeLapp asked why the City budget should be a backup for risky investments when the fund could have made 5-6% risk free. The Finance Director will contact Brad Winkels to discuss this potential funding in the budget. 8. CITY ENGINEER'S REPORT: A. Deer Pond Trail Drainage Problem The City Engineer reported an overlay project a few years ago reduced the curb height along this section of street. This lower curb now allows runoff from the street to leave the gutter uphill from this property at the neighboring driveway and travel behind the curb and across his driveway and yard, to the ditch along Hidden Bay Trail. It appears that there may have been a ditch along Deer Pond Trail at one time that may have taken care of this runoff, but appears this ditch has become filled in. The Administrator has talked to the owner of this property, and he claims that his complaint goes back at least 5 years and that the drainage has caused damage to a newer septic system. The property owner has done some construction in the right-of-way, installation of a new retaining wall and landscaping, which inhibits the restoration of the ditch instead of the proposed pipe LAKE ELMO CITY COUNCIL MNUTES AUGUST 6,2002 6 Mayor Hunt talked to the resident, who said he had an expert out to inspect his septic system, determined that the septic system is still functioning. M/S/P Dunn/DeLapp — to look into lowering the road if feasible and if not feasible, to authorize the city staff to install a storm sewer pipe and catch basins at an estimated cost of $18,000 to correct the drainage problem at 8206 Deer Pond Trail. (Motion passed 5-0.) B. Carriage Station Mayor Hunt reported he was contacted by a resident on Marquess who had a problem with drainage. The resident indicated the Xcel Energy box has washed away and the cables are exposed. The yard does not have sod. Tom Prew asked to be given the address so he could investigate the drainage problem. 9. PLANNING, LAND USE & ZONING: A. Amendment to the Oakdale Gun Club The City Planner reported the Oakdale Gun Club has made application to construct a 62 foot by 50 foot noise abatement cover over a portion of the existing 25 yard range. This would resemble a picnic shelter, but include rubber acoustic absorption baffles extending down from the cover ceiling. The 50 foot dimension would down range from the existing 20 foot shelter; and extend across the entire width of the range. The 25 yard range is located at the extreme center/east of the west 40 acres of the Gun Club. No modifications to the operations or other facilities of the Gun Club are proposed. M/S/P DeLapp/Siedow — to approve Resolution No. 2002-073, A Resolution Approving an amendment to the Conditional Use Permit of the Oakdale Gun Club (Resolution No. 88-5) to permit construction of a 50 foot by 66 foot noise abatement cover over the 25 yard range, as recommended by the Planning Commission. (Motion passed 5-0.) B. Community Facilities/Staffing Forecast — MAC/Planning Commission Recommendation - POSTPONED Mayor Hunt stated the Lake Elmo Jaycees requested a copy of this report. LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 7 C. Escrow Reduction: Lake Elmo Vista City Engineer Prew inspected the Lake Elmo Vista Subdivision and recommended a reduction of escrow for public infrastructure construction from present $79,737.50 to $35,362.50. The bulk of the remaining work is landscaping and tree installation, which must await the relocation of private utilities by Xcel. M/S/P DeLapp/Armstrong — to reduce the escrow requirement and Letter of Credit for Lake Elmo Vista from $79,737.50 to $35,362.50, as recommended by the City Engineer in his memo of July 30, 2002. (Motion passed 5-0.) D. Old Village Streetscapes Design Plan The City Planner reported TKDA has prepared a proposal to conduct a feasibility study that would determine the specifics of the improvements and costs to execute the lake Elmo Avenue Public Improvements suggested by the sketch plans prepared for the City by Thorbeck Architects. The Planner requested Council direction as to whether to now proceed with the Feasibility Study on Streetscape improvements, or await the report of the Environmental Commission regarding surface water drainage. M/S/P DeLapp/Hunt — to direct staff to proceed with the Old Village Streetscape Design Plan as proposed by TKDA. (Motion passed 5-0). Council member Dunn reported when Washington County redid CSAH17, they eliminated the pedestrian crosswalk between the post office and library to Lake Elmo Inn. This item will be discussed at a meeting with Wayne Sandberg, Traffic Engineer from Washington County. E. Facilitator Services Proposal — Old Village Design Study The City Planner reported the Planning Commission made a recommendation to contract with Thorbeck, which included a request of staff to investigate additional assistance for facilitation of the planned Public forum related to the Old Village Neighborhood Design Project. The Council concurred with this recommendation, but with one council member wanting to have some idea of the cost for facilitator services before a final commitment. LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 8 Planner Dillerud stated he has spoken to a facilitator, whose work he had observed, and she advised him that the City should plan on a minimum of $5,000 to handle the planning and execution of the Public Input component of the project. Dillerud added that the facilitator's task would go beyond the attendance and conduct of the forums to strategies for marketing the forums and sorting out the forum outcomes. M/S/P Siedow/Hunt — to authorize the Mayor and City Administrator to sign an agreement for professional facilitator service with Sarah B. Harris, Real Estate Strategies, with a fee not to exceed $5,000. (Motion passed 4-1:Dunn: she hates to spend money for a facilitator.) F. Update on Metropolitan Council Meeting: Mayor Hunt reported that he, Council members Dunn and DeLapp, Administrator Kueffner, and Planner Dillerud attended this afternoon's Met Council meeting. At the meeting, the Met Council asked if the City is in a position to consider some options for future development similar to, or some iteration of, the three Future Land Use maps submitted by the Met Council; and, gave the City until tomorrow (Wed) to make a decision. All three of the options assume construction of the Lake Elmo Interceptor Sewer. If the City has interest in considering options, the Met Council would not take action on August 24th Mayor Hunt stated he would like to have time to digest the comments; and, asked that the City Attorney look over the transcript of the Met Council meeting; and, to invite the Planning Commission to a workshop. Council member Armstrong stated the City Council should tell the Met Council that we find the three options unacceptable, and we continue to advocate self determination for the City in planning matters. We have spent years developing our comprehensive plan, and we do not want sewer in the City. Council member Dunn agreed that she does not support extensions of any sewer in the City, except the existing WONE that will serve a large portion of the I-94 Corridor area for Business Park development. Council member Siedow indicated that even he thought the Met Council options proposed too much density. He added that the longer Lake Elmo waits to develop; the land will be too expensive to develop at a lower density. LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 9 Mayor Hunt indicated we need to identify issues and make a decision based on facts. The City has no response for Met Council, but will call a workshop with the Planning Commission to review the latest issues regarding Met Council review of the Lake Elmo Plan. M/S/P DeLapp/Siedow - to call a workshop for Tuesday, August 13th, 5:45 to 6:45 p.m., with the Planning Commission, to discuss and receive their reaction to the latest issues regarding Met. Council's review, from the August 6th meeting, of the Lake Elmo plan. Also, to direct the City Planner to request a copy of the recorded transcript or video tape. (Motion passed 4- 1:Armstrong: We should tell the Met Council the three options are unacceptable and the City does not want sewer.) Council member DeLapp suggested, as soon as we can, for staff to call the Mayor of Woodbury and request that they be on the Council agenda to make the power point presentation to them. Mayor Hunt agreed to call Woodbury Mayor Hargis. G. Silt Fencing: DeLapp asked if by the next meeting we get a better understanding about the ability for staffing enforcing our ordinances. What might we do to use some of this to correct issues. What is the highest degree of success going to cost us and are there methods to cover our costs. M/S/P DeLapp/Armstrong — to direct city planner begin analysis on silt fencing ordinance and options and cost to enforce the erosion control ordinance to the highest degree and investigate methods to cover our costs. (Motion passed 5-0.) 10. CITY ATTORNEY'S REPORT: None A. Ziertman/Sessing Discussion Mayor Hunt received a letter from Mr. Ziertman indicating issues with dogs and garbage. Hunt suggested the ACO, attorney, Washington county sheriff, Code enforcement officer get together for a workshop to discuss issues with property owners. Standards should be set with the ACO and Sheriff for threatening dogs. Any issue will be reported, investigated, council copied, recommend take mediation for problems. The City needs to alert residents LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 10 to call 911 and have the deputies arrive quickly if you are threatened by a vicious dog. Staff needs to review the record and pull the historical compilation. This item will be discussed at a public workshop, 5:15 p.m., on September 3rd before regular council meeting. 11.CITY ADMINISTRATOR'S REPORT: A. Assessment Policy — POSTPONE until the new Finance Director has an opportunity to review. B. Employee Evaluation: Jim McNamara This information was handed out at a previous meeting. M/S/P Siedow/Dunn - to approve Jim McNamara's employee evaluation as presented by the City Administrator. (Motion passed 5-0). C. Rental of Satellite Building The City Administrator provided a proposal to rent a satellite mobile office until no later than October 1, 2003, but to continue with the plans and construction of an addition to the current City Hall. The cost for 56 weeks of rental equals $4,592. With additional costs listed on the quote, the cost would be approximately $5,000, plus tax if applicable. The City Administrator reported help has been requested, but there is no place to put them. There is an immediate need for space for the Building Inspector and possibly for Tom Bouthilet. The Finance Director alerted the Council that this $5,000 figure does not include cost for rewiring for computers, telephone, electric or insurance. M/S/P DeLapp/Siedow — to approve the rental of a 10' x 36'satellite, Satellite Shelters, Inc., per quote, at a cost of approximately $5,000, plus tax if applicable, to be taken out of the building budget, but to continue with plans for construction of an addition to City Hall. (Motion passed 5-0. Council member Armstrong voted for this proposal, but noted the City must make sure that this trailer is to be moved out no later than October 1, 2003. LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 11 M/S/P Dunn/Armstrong — to direct staff under Planning, Land Use & Zoning add discussion for further direction of the City Hall addition, no later than the September 17th Council meeting. (Motion passed 5-0). 12. CITY COUNCIL REPORTS: NONE Council Adjourned at 10:10 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2002-069 Approve claim numbers 22040-22044, 22046- 220600 use for the July 25, 2002 payroll and claim numbers 32, 33, 22045, 22061 through 22140 in the amount of $135,608.38 Resolution No. 200-070 Approve claim numbers 22103-22105 in the amount of $9.927.49 Resolution No. 2002-071 Designating Abigail Grenfell as an Authorized Signatory for the payment of funds at the Lake Elmo Bank Resolution No. 2002-072 Appoint Judges for State Primary and General Elections Resolution No. 2002-073 Amendment to the CUP of Oakdale Gun Club for construction of noise abatement Ordinance No. 97-113 Initiating Level 1 of the City's Water Conservation Plan (Redrafted as a Resolution for the August 20th meeting) LAKE ELMO CITY COUNCIL MNUTES AUGUST 6, 2002 12 AMENDED DRAFT CITY OF LAKE ELMO PLANNING COMMISSION MINUTES JULY 22, 2002 Vice -Chairman Helwig called the meeting to order at 7:05 p.m. COMMISSIONERS PRESENT: Ptacek, Taylor, Bunn, Berg, Sessing, Sedro, and Deziel. ALSO PRESENT: MAINTENANCE ADVISORY SPECIAL PROJECTS PLANNING COMMISSIONERS: Stanley and Dege. STAFF PRESENT: Chuck Dillerud, City Planner; Dan Olinger, Public Works Supervisor; Kimberly Schaffel, Administrative Secretary. PLEDGE OF ALLEGIANCE AGENDA The Agenda was amended at the request of Commissioner Bunn to include a presentation regarding Old Village Green Belt Preservation. It was placed as Item 4.a. on the Agenda. M/S Sessing/Ptacek To accept the Agenda as amended. VOTE: 8:0 PASSED. MINUTES M/S Sessing/Sedro To accept the Minutes of June 10, 2002, Pp. 1 through 5 as presented. VOTE: 7:0:1 (Abstain — Deziel) PASSED. CONDITIONAL USE PERMIT - OAKDALE GUN CLUB Staff Report, City Planner, Charles Dillerud The site comprises 60 acres. The 40 acres are zoned AG, and the remainder is zoned RR. All activities take place on the westerly 40. The gun club is a Conditional Use in the AG Zone. The applicant is requesting a minor amendment involving facilities, not activities. There is a 25 yard firing range on the extreme east portion of the westerly 40 acres. They propose a noise suppression shelter, with a roof Rubberized noise suppression equipment hangs from the roof or ceiling to suppress noise. Their proposal demonstrates that they are trying to be a'good neighbor. Our Municipal Code requires Findings. The City Planner recommends that the Planning Commission make a recommendation to the City Councilfor approval. This requires a Public Hearing. Oakdale Gun Club - Dean';Bo2ie, President The plan for this acoustical cover has been revised several times. They chose an all steel structure because a wood structure would require greater height, and they do not want to build above the berms. They are trying to reduce visibility from the road. This structure acts as an acoustical cover and bullet baffle system. This range is for firearm safety and pistol shooting. The sides of the structure are open but there are berms there. The structure helps to insure that nothing can be launched outside the property. Should this be successful, they might ask for another cover over the 100 yard range. OPEN PUBLIC HEARING AT 7:19 P.M. CLOSE PUBLIC HEARING AT 7:20 P.M. Commissioner Ptacek M/S Ptacek/Sessing To approve the Amendment to the Conditional Use Permit, with conditions as set forth in the Staff Report, for the Oakdale Gun Club to build an acoustical cover over the 25 yard firing range. zaInte Lance A.-'' ES£3ij`' >i'L:itti Pro,lc. ;'> V jnutc's of ,?Ui}' 22 AMENDED DRAFT Discussion There was discussion about two entrances that were barricaded. One of the barricades appears less substantial than the other. A Gun Club representative noted that the east barricade was erected in order to allow an emergency truck to drive over it if necessary in the event of an emergency. There is no plan to use that entrance for any other reason because of the limited sight distance up the hill. The Commission asked if the barricade's appearance could be improved. The Gun Club representative stated that they will find a way to make it look better. He also noted that the Gun Club has conducted sound studies in order to keep the noise level leaving the range below state standards. They are currently at 68 decibels; with the new acoustic cover, they hope it will be reduced to 30 or 35 decibels. VOTE: 8:0 PASSED. This item will be presented to the City Council on August 6, 2002. OTHER BUSINESS Old Village Green Belt Preservation, Commissioner Julie Ann Bunn Prior to the meeting, Commissioner Bunn disseminated copies of a letter she wrote to the City Council, senior staff, and all of the Special Projects and Planning Commissioners. Commissioner Bunn displayed a graphic of Lake Elmo with the Old Village area highlighted. She is concerned about preserving the green belt area surrounding the Old Village. Implementing the Village Plan will take time, and will involve a link between future village scale housing and the green belt area surrounding it. The green belt is portrayed as trying to maintain the rural character of Lake Elmo. Open Space Developments and residential zoning under the new Comprehensive Plan, would allow the potential for wall to wall developments. If the city does not work strategically, valuable opportunities will be lost. A Concept Plan south of 43`d Street, next to Hamlet of Sunfish, is a good example. A portion of the Schiltgen Farm just south of it looks like it will be preserved for some time. The owners of the farm north of it intend to place their land in a permanent land trust. Although this area is not immediately adjacent to the Old Village, here are two land owners who will have a new development sandwiched between them, breaking up contiguous open space. Strategic planning will be critical over the next couple of years. In the past, the Planning Commission recommended a moratorium to the City Council on building in the green belt in order to give itself more time to see options and how much green space will be used. We do not have those answers yet. We should get those answers before we cut off our options. She asks first that the Commission and Old Village Special Projects Planning Commission work with City staff more closely to expedite the Village Scale Housing Study, and make every effort to insure quality public input. This will benefit the City and the landowners. Second, she asks that the Planning Commission and Old Village Special Projects Committee recommend strongly to the City Council that a moratorium be placed on new platting of land within the Green Belt and Village Scale Housing portions of the Old Village until (a) the Village Scale Housing Study is complete, (b) options arising from the study have been studied, and the Council has chosen which direction to pursue, and (c) a strategic plan is in place for implementing the chosen option. Such a moratorium could be for six months initially, and then reconsidered for extension at the six and twelve month marks. City Planner The City has had moratoriums before; one moratorium on platting in the Old Village lasted for two years. That would not preclude doing another one. It must be justified. The maximum length is thirty months Maintenance Advisory Spechtl l'''s'oiet is Pl'ann,tl't L.Lnz7u 1 .i AMENDED DRAFT by State Statute, in 6-12 month segments. With Old Village Design underway, we might have justification. We can place a moratorium before a preliminary plat, and perhaps even after preliminary plat approval. It does not require a meeting by the Planning Commission. It goes directly to City Council after recommendation. Moratoriums are created by Ordinance. Discussion Commissioners Sessing, Taylor, Deziel, Berg, and Helwig, and Councilmember DeLapp support the preservation of Open Space but not by moratorium. Resolution for the drainage problem in the Old Village, and the possibility of a tax increase were concerns of the Commission. Commissioner Deziel We need to get going on acquiring development rights of some of the farms involved here. The formation of a Lake Elmo Land Trust could deal with this issue and others like it. Councilmember DeLapp There are only four or five owners for all of this green belt area. The City would not want the owners to pick the areas that might be sold off for development. We should offer assistance to help owners fit the Comprehensive Plan. Commissioner Bunn She does not know if it would require public money. Additional taxes might be.needed to support a green belt. A Washington County Referendum to further tax ourselves by up to 65% tn. Lake Elmo precincts, while the referendum failed, evidence suggests it might pass. ;Private initiatives iti do it. Motion: Bunn/ Berg seconded for the purposes of discussion, to recommend a six month moratorium on platting in the red and green areas of the overlay map, to give enough time to evaluate the Old Village Neighborhood Design Study, and to reevaluate at six months to allow completion of the of the Village Scale Study. Commissioner Berg He supports examination and possible implementation of Purchased Development Rights, and possibly other tools to establish an Old Village Green Belt. Also, he is, and has been concerned about developing and implementing the Old Village Plan in a timely manner. But he does not support a moratorium at this time due to this having been done twice already; the perception that if this was a good thing, we should not need a moratorium; and he does not believe there is currently a high risk of development around the Old Village. City Planner This is what we are doing with the Old Village Neighborhood Design Study. There is no great urgency for two of those landowners. He was not sure if the risk is great except for Sunfish Ponds. Commissioner Sedro The Neighborhood Design Study has kicked -off. She asked the City Planner if the consultants will be qualified to help us with the transfer of development rights, and if it is conceivable to do that in the next year. City Planner That work is done by attorneys, not planners. With so few landowners, the odds are greater for success. Commissioner Helwig The Old Village Special Projects Planning Commission should be involved. Commissioner Bunn She is only asking for a recommendation. Hopefully the City Council would look at it next week because �'2s1!?CTtii .. \ i,?I1Ci', of July 22, AMENDED DRAFT another month or two could be too late. M/S Bunn/Berg To table the motion. VOTE: 8:0 PASSED. WORKSHOP WITH CITY COUNCIL Staff Report, City Planner, Charles Dillerud The City Council has requested the Planning Commission to look at possibly truncating the General Business uses, some may not be meant for present needs. Many of the uses seem to be designed for the 94 Corridor, and not for the Old Village. The City Council would also like the Planning Commission to review the Open Space Development requirements because it seems we are addressing the quantitative aspects versus the qualitative aspects. They suggest overcoming that deficiency by requiring the applicant present the Concept Plan to an architect at their expense. Councilmember DeLapp Technicalities of the Registration Laws in Minnesota talk about the differences between conventional developments and Conservation Developments. The State refers to Conservation Developments as needing to have an architect to review or design them. We get more land surveyor -types who are good at lines, slopes, and drainage but are not addressing the ecology, and how lo deal with aesthetics, road enhancements such as trees, and quantities of Open Space. We are going to continue to get new plats of questionable origin. The better plats were designed by Landscape Architects We have an engineer on staff to review the quantitative requirements: we should also have a parallel for the aesthetic point of view. We can challenge the size of a holding pond or width of a road but we are unable to challenge the environmental concerns. Mayor Hunt He said the position would be similar to the Consulting Engineer, a Consulting Landscape Architect who could bill the City on a pass -through basis, and would be paid when we gave him work or a plat came in. Commissioner Sessina The problem will be trying to develop standards and guidelines to follow. Councilmember DeLani The City Engineer has to accept size of holding ponds. If we hire someone maybe they can help us better define aesthetics. We need an integrated approach of how to create a community. Commissioner Sedro Unless we change the ordinance, would we have any way to get compliance? Commissioner Ptacek A letter from a resident looked at a new plat negatively but it met the requirements of the ordinance, and we had to pass it. But the Planning Commission relies on the City Council to say it doesn't meet the spirit and intent. We may not need to amend the ordinance if we get this person. Commissioner Sedro Would the Planning Commission have the opportunity to interview this person. Commissioner Deziel We had a better Open Space Ordinance before it was changed. Instead of trying to find a new solution, he would like to go back first. The problems would have been solved had the ordinance not been altered. It offered more flexibility and required conservation lots to be a part of the development. Ala:€x:er ante ;1 ?Z. 'TO') AMENDED DRAFT Commissioner Berg Additional technical oversight might be helpful. He performs natural resource inventories for the county. We have to tell the technical helpers what is most important- woods or farms. We need to identify what those values are so we can guide development. We have to avoid the arbitrary and capricious. City Planner Other communities have Landscape Architects on their staffs. Many do not have ordinances quite like this. He does not know how they do it. He would rather see some guidance. Commissioner Helwig We had a licensed architect design a plat, and nobody liked it. He did another per the code, and we did not like that either. Manor Hunt We do not have to decide tonight; take another meeting to address it. Pull your thoughts together. Make any recommendation you want. The current Open Space Ordinance is a compromise and not the best in the world. We can craft a better ordinance with help from staff M/S Helwig/Sessing To table the Open Space Concept discussion until there is more time. VOTE: 8:0 PASSED. Councilmember DeLanp In the uses for General Business, we may want to look at a different set of criteria for downtown and not downtown. Commissioner Bunn When we are working with the Comprehensive Plan Land Use Map, all of 94 will be rezoned Limited Business. Won't the problem go away when we are working with this map? Councilmember DeLann We don't know if the Met Council will allow City Planner He can draft an amendment to our General Business District zoning; he will split it into two zones, 1 and 2. The first zone might not change much but the Old Village could change a good deal. M/S Helwig/Sedro To table discussion of the uses within the General Business Zone to a later date. VOTE: 8:0 PASSED. ADJOURN AT 8:30 P.M. RECONVENE AS MAINTENANCE ADVISORY SPECIAL PROJECTS PLANNING COMMISSION AT 8:40 P.M. M/S Sessing/Berg To accept the Agenda as presented. 10:0 PASSED. MINUTES OF JUNE 24 have this zoning. Commissioner Bunn She requested rewording the second to the last sentence of the large paragraph on page 7. "The whole process is overlapping with City Council and staff being distracted by matters having to do with the Met Council." On page 8, add, "Special Projects," to Old Village. )c' fil E'ri>iccAs f' tr n AMENDED DRAFT Commissioner Deziel On page 6, change to, "He agrees with Chairman Armstrong's comments." M/S SessingBerg To accept the Minutes of June 24, 2002 as amended. 9:0:1 (ABSTAIN: SEDRO) COMMUNITY FACILITIES STAFFING FORECAST Staff Report, City Planner, Charles Dillerud Staff was provided with copies of the Draft Report. He suggested they attend a meeting after they looked at the draft. An invitation was extended to the City Administrator, Fire Chief, Public Works Supervisor, and Parks Supervisor so the Planning Commission could hear from them before rendering a recommendation to the City Council. Dan Olinger, Public Works Supervisor After reviewing the draft report, has found a lot of discrepancies among square footage and prices. Original report said 10,660 feet; TKDA added 3,480 square feet. This report is 12,000 square feet. Adding Parks to Public Works is confusing. In 1996, it was just Public Works; in 1998 they added parks and additional space; now we have lost 2,140 square feet. City Planner He is not terribly concerned. This may just be the comparison to other cities. The principle still stands. The Commission could make a note that it is comparison -based, not program based. The Public Works building would be based on program. Dan Olinger, Public Works Supervisor The proposal and figures are somewhat in line but nothing is being done with it. We have had the same thing before. This report is right in line with where it was in the past. The report says that the location might not be the best because of running out of salt sand. No matter where we are that can happen. He agrees with the forecast, and hopes it moves forward. Commissioner Helwiz He agrees that it must be done now. Mike Bouthilet, Parks Supervisor This report is the same thing we have seen before, with the same end result. There are discrepancies in park numbers, acreage, and staff. They list 8 parks; we have 16. We have four Parks/Public Works employees. They must have included the 3,200 acre Lake Elmo Regional Park; we only have 457 acres. We do need the additional building space. The Parks Commission has had talks about a Central Park Facility for community -wide events with a pavilion, bandstand, and grandstands. Perhaps that would be in line with the Old Village Neighborhood Design Study. We can make the present City Hall a Community Center. As the City develops, we should have something like this. City Planner He will make sure those numbers are corrected. Commissioner Ptacek He suggested the City Planner share this information with Thorbeck Architects. M/S Ptacek/Taylor To recommend to the City Council to review and adopt this study on Community Facilities and Staffing Forecast with corrections as noted by department heads and the City Planner. VOTE: 10:0 PASSED. OTHER BUSINESS �;c U enance Ad-i$o;`4 R�)t'Ciil� AMENDED DRAFT ADJOURN 9:00 P.M. Respectfully submitted, Kimberly Schaffel Administrative Secretary Mai UeTtafiCC Nj i I Pro, c s P lann ing Mi nu It. f LI:y 22. 2002 MEMO (August 20, 2002 for the Meeting of August 26, 2002) To: Lake Elmo Planning Commission From: Chuck Subject: General Business (GB) District Uses On July 22 the Planning Commission discussed this matter with the City Council Members in attendance (Delapp and Hunt) at the Council/Commission Workshop. The Commission had requested the Workshop to discuss this (and another) issue, which the Commission had been previously directed to review by the City Council. Following that discussion the Commission tabled further consideration due to the late hour and lengthy regular agenda. It was apparent during the Workshop discussion that the primary issue with the present list of allowable GB uses is focused on the I-94 corridor. During the discussion it was suggested (by Councilmember Delapp, I believe) that the continuation of the broad list of allowable GB uses — or continued GB zoning — in the 1-94 corridor is contrary to the Policies of the 2020 Comprehensive Plan regarding the location of retail commercial businesses within the City. The Plan emphasizes the strengthening the Old Village commercial core as the Lake Elmo retailing center; and, avoiding creation of outlying or strip commercial sites elsewhere in the community — particularly those that cater to non - local "pass through" vehicles for business volume. Today, seven individual tax parcels along the I-94 service road are zoned General Business, of which 2 are vacant and of significant acreage; and, the other 5 are developed as business locations. The attached map locates the I-94 corridor GB zoning. The uses of the GB sites are also noted on the map. Given the age of the structures housing these existing I-94 businesses, it is clear that GB zoning was assigned to accommodate the businesses rather than the businesses being located in tune with pre-existing GB zoning. In addition to these I-94 sites, all business locations in the Old Village are zoned GB. It was apparent from the Workshop discussion that there was a concern that, by modifying the uses of GB to overcome the potential Comprehensive Plan Policy conflicts in the I-94 corridor, the City would constrain the growth of Old Village commerce. I had suggested that what may be necessary is a "split" GB zone that both recognizes the existing businesses (and zoning) on I-94 — but does not encourage further expansions; and, maintains the broad range of commercial uses allowable in the Old Village. Upon further reflection, it seems that other solutions to accomplish the same goal may be available — and more appropriate. First, 5 of the 7 tax parcels in the I-94 corridor now zoned GB are Land Use Plan classified Limited Business by both the 1990-2010 and 200- 2020 Lake Elmo Comprehensive Plans. Those sites can and should be rezoned Limited Businesses now, regardless of the outcome of the Metropolitan Council review of the Lake Elmo 2000-2020 Plan. The two remaining sites in the I-94 corridor now zoned GB are currently undeveloped; and, located immediately east of Lake Elmo Avenue. The site on the intersection of Lake Elmo Avenue and Hudson Blvd. is 28 acres in area and the subject of a Preliminary Plat ("Lake Elmo Business Park") now tabled by the Planning Commission, as an incomplete application, pending receipt of a traffic study. (tabled on June 10, 2002). The second site zoned GB is located approximately 850 feet east of the first site; and, is 14.5 acres in area and undeveloped. This site is located between the outdoor theater (Zoned AG) and the new school bus terminal (also zoned AG). While staff has spoken with this land owner in the recent past regarding the development potential of the site with GB zoning, no specific development plans have been forthcoming. The "Lake Elmo Business Center" site is land use guided Limited Business by the 1990 and 1997 Comprehensive Plans — and should be zoned Limited Business rather than General Business today. The other undeveloped site zoned GB (14.5 acres, east of the outdoor theater) is land use guided RAD by both the 1990/1997 and 2020 Plans; and, should be zoned either AG or RR today. To date, research of City records provides no enlightenment as to the history of this site — at least regarding the existing GB zoning. The County land parcel mapping, when overlayed by an air photo, does reveal that the land division creating this 14.5 acre parcel postdates the outdoor theater, however. Clearly, the odd shaped west property line of the site was created to exclude the pre-existing outdoor theater facilities. As I have advised the Commission previously, State Statute requires lands to be zoned in conformance with the Comprehensive Plan within 9 months of adoption of a Comprehensive Plan. This Statute dates from the late 1970's. It appears that the 1979 Lake Elmo Comprehensive Plan guided this site "Highway Business", which may account for the General Business (GB) zoning. The superceding 1990 Lake Elmo Comprehensive Plan, however, reclassified this site as RAD (as noted above), and the site was required to have been rezoned to AG or RR within 9 months of the Plan adoption by the City — but was not. In summary, it would appear that the City has appropriate basis to rezone all 7 of I-94 corridor sites now zoned GB. In 6 cases, the 1990 Comprehensive Plan requires LB zoning; and, in one case the same Plan requires AG or RR zoning. There would appear to be no need to amend the text of the Zoning Ordinance to establish use distinctions between the I-94 and Old Village GB zoning. Rezoning for required compliance with the adopted Comprehensive Plan would appear to accomplish the intended outcome. Planning Commission advice and direction regarding this matter is requested. arron venience Store eneraLlEittsiness Zoning ail c) (o Lake Elmo usiness Park Pending Plat i.•mn Hudson Blvd. Undevelo Manring Avenue 1 L_ Genera building upplie Marine Sales Dental in g c cn N • d o • Ea -e•. •.. GO e 1 010 01 1 C)- R• =..- ... R A D. P I !RED ✓ rI NOS LEGEND IP" ICULTUflAL DENSITYVac URBAN orricE / C MMEIICIAL rAT= fmmeiTv • i • �- - -C1; Z Pi • yak. R-E C , - 1- .+. .. 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I ACES Y ` of LAKE ELMO MillatfAUSA Line Map 24 _07_ MINNESOTA tSBERG GELSETH And ASSDOQFS NC. .. 7514e i..kknr•0...na IIUUI Future Highway ROW MEMO (August 22, 2002 for the Meeting of August 26, 2002) To: Lake Elmo ' - , ing Commission From: C ►��` rud Subject: OP Concept Plans — Landscape Architect Review The Commission tabled this matter at the last meeting due to the length of the Agenda. I have attached the Staff memo on the subject to assist in continuing the discussion. The Commission has been directed by the City Council to provide a recommendation. I suggest this be in the form of a Commission motion. We can place a morat 1' -r- i nar a nlat and . erha. s even after .relimi - - - val. It does not meeting by the Planning Commission. goes . erect y o ity ouncil a rec endation. Moratoriums are created by Ordinance. Discussion Commissioners Sessing, Taylor, Deziel, Berg, and Helwig, and Councilmember ' -Lapp support the preservation of Open Space but not by moratorium. Resolution for the drainaproblem in the Old Village, and the possibility of a tax increase were concerns of the Commiss' Commissioner Deziel We need to get going on acquiring development rights of some of the : rms involved here. The formation of a Lake Elmo Land Trust could deal with this issue and others lik Councilmember DeLapp There are only four or five owners for all of this green belt ar:. The City would not want the owners to pick the areas that might be sold off for development. We s .uld offer assistance to help owners fit the Comprehensive Plan. Commissioner Bunn She does not know if it would require public money. dditional taxes might be needed to support a green belt. A referendum to further tax themselves passe • .y 65%. Evidence suggests it might pass. Private initiatives may do it. M/S Bunn/ Berg To recommend a six mont . oratorium on platting in the red and green areas of the overlay map, to give enough time to evaluat'- e Old Village Neighborhood Design Study, and to reevaluate at six months to allow completi- of the of the Village Scale Study. City Planner This is what we are doing with the 0 for two of those landowners. He w . notsure if the risk is great except for Sunfish Ponds. Commissioner Sedro The Neighborhood Design S y has kicked -off. She asked the City Planner if the consultants will be qualified to help us with the ansfer of development rights, and if it is conceivable to do that in the next year. illage Neighborhood Design Study. There is no great urgency City Planner That work is done b attorneys, not planners. With so few landowners, the odds are greater for success. Commissioner The Old Villaa pecial Projectsi`Planning Commission should be involved. Commiss' er Bunn She is o asking for a recommendation. Hopefully the City Council would look at it next week because anothe onth or two could be too late. M/, WORKSHOP WITH CITY COUNCIL Staff Report, City Planner, Charles Dillerud The City Council has requested the Planning Commission to look at possibly truncating the General Business uses, some may not be meant for present needs. Many of the uses seem to be designed for the 94 Corridor, and not for the Old Village. Mai xitenance Advisory Special i'rojees Pia sion Minutes of.tuiy 22, _'001_ The City Council would also like the Planning Commission to review the Open Space Development requirements because it seems we are addressing the quantitative aspects versus the qualitative aspects. They suggest overcoming that deficiency by requiring the applicant present the Concept Plan to an architect at their expense. Councilmember DeLapp Technicalities of the Registration Laws in Minnesota talk about the differences between conventional developments and Conservation Developments. The State refers to Conservation Developments as needing to have an architect to review or design them. We get more land surveyor -types who are good at lines, slopes, and drainage but are not addressing the ecology, and how to deal with aesthetics, road enhancements such as trees, and quantities of Open Space. We are going to continue to get new plats of questionable origin. The better plats were designed by Landscape Architects. We have an engineer on staff to review the quantitative requirements; we should also have a parallel for the aesthetic point of view. We can challenge the size of a holding pond or width of a road but we are unable to challenge the environmental concerns. Mayor Hunt He said the position would be similar to the Consulting Engineer, a Consulting Landscape Architect who could bill the City on a pass -through basis, and would be paid when we gave him work or a plat came in. Commissioner Sessing The problem will be trying to develop standards and guidelines to follow. Councilmember DeLapp The City Engineer has to accept size of holding ponds. If we hire someone maybe they can help us better define aesthetics. We need an integrated approach of how to create a community. Commissioner Sedro Unless we change the ordinance, would we have any way to get compliance? Commissioner Ptacek A letter from a resident looked at a new plat negatively but it met the requirements of the ordinance, and we had to pass it. But the Planning Commission relies on the City Council to say it doesn't meet the spirit and intent. We may not need to amend the ordinance if we get this person. Commissioner Sedro Would the Planning Commission have the opportunity to interview this person. Commissioner Deziel We had a better Open Space Ordinance before it was changed. Instead of trying to find a new solution, he would like to go back first. The problems would have been solved had the ordinance not been altered. It offered more flexibility and required conservation lots to be a part of the development. Commissioner Berg Additional technical oversight might be helpful. He performs natural resource inventories for the county. We have to tell the technical helpers what is most important- woods or farms. We need to identify what those values are so we can guide development. We have to avoid the arbitrary and capricious. City Planner Other communities have Landscape Architects on their staffs. Many do not have ordinances quite like this. He does not know how they do it. He would rather see some guidance. al _.:tit ' o e :s 1:'I< t.;irz ...,.., , i>s ti:: 7.ir ut. of Jul - 22. ', Commissioner Helwig We had a licensed architect design a plat, and nobody liked it. He did another per the code, and we did not like that either. Mayor Hunt We do not have to decide tonight; take another meeting to address it. Pull your thoughts together. Make any recommendation you want. The current Open Space Ordinance is a compromise and not the best in the world. We can craft a better ordinance with help from staff. M/S Helwig/Sessing To table the Open Space Concept discussion until there is more time. VOTE: 8:0 PASSED. Councilmember DeLapp In the uses for General Business, we may want to look at a different set of criteria for downtown and not downtown. Commissioner Bunn When we are working with the Comprehensive Plan Land Use Map, all of 94 will be rezoned Limited Business. Won't the problem go away when we are working with this map? Councilmember DeLapp We don't know if the Met Council will allow us to have this zoning. City Planner He can draft an amendment to our General Business District zoning; he will split it into two zones, 1 and 2. The first zone might not change much but the Old Village could change a good deal. M/S Helwig/Sedro To table discussion of the uses within the General Business Zone to a later date. VOTE: 8:0 PASSED. ADJOURN AT 8:30 P.M. V INNING COMMISSION AT 8:40 P.M. M/S Sessing/Berg To accept the Agenda as presented. 10:0 ED. MINUTES OF JUNE`24 Commissioner Bunn She requested rewording the second to the sentence of the large paragraph on page 7. "The whole process is overlapping with City Counc' .nd staff being distracted by matters having to do with the Met Council." On page 8, add, "Special ' ojects," to Old Village. Commissioner Deziel On page 6, change to, "He rees with Chairman Armstrong's comments." M/S Sessing/Berg . accept the Minutes of June 24, 2002 as amended. 9:0:1 (ABSTAIN: SEx1RO) COMMUNI ' FACILITIES STAFFING FORECAST Staff ' ort, City Planner, Charles Dillerud as provided with copies of the Draft R ort. He suggested they attend a meeting aftlr they looked "'L'jion was extended to the City Administrator, Fire (-Met, Yu 1 MEMO (June 20, 2002) To: Lake Elmo Planning Commission From: Chuck Dillerud Subject: Council Directives — June 18, 2002 At its June 18, 2002 meeting the City Council adopted two directives to staff regarding matters that require review and recommendation of the Planning Commission; and, amendment to the Zoning Ordinance: 1. The Council is concerned with more recent OP Concept Plans that have been presented to the City. While they concede that the plans may meet the quantitative specifications of the ordinance, the more qualitative aspects of project design have not been as completely addressed as they were with some of the earlier OP projects (such as Fields I. and Hamlet on Sunfish Lake). These later Concept Plans have not addressed such matters as house design, view sheds, environmental aspects of the site, and project landscaping in the degree of detail that the Council intended with the original OP Ordinance. As such, the Council does not believe that some of the more recent OP Concept Plans have responded well to intent of the OP Ordinance. The Council has directed staff and the Commission to address amending the OP Ordinance to require all Concept Plans to be reviewed by an independent and licensed architect or (preferably) a licensed landscape architect, to be selected by the City, but the professional fee of which would be paid by the project applicant — in addition to the normal staff review and report. 2. The Council has expressed concern with the General Business District listing of Permitted and Conditional Uses. As with the Limited Business District list of uses we just completed review of, the Council is concerned the General Business use listing was created decades ago, based mostly on the County Model Ordinance and uses that existed in the City at that time — many of which still exist, of course. They are concerned that some of the listed uses would no longer be compatible with the City's development policies, as expressed by the Comp Plan. — at least in locations other than the Old Village Commercial area. The concern goes to the potential, with all of those uses available, of creating remote islands of heavily commercial use is areas of the City other than the Old Village — contrary to the policies of the Comp Plan that specify that such uses should be limited to the Old Village. Of course, the intent of those policies regarding such commercial uses is to insure Lake Elmo retails a Rural Center development structure rather than the scattered outcome that we see in so many "typical" suburban communities. That scattered outcome, in turn, results in a loss of the sense of community. The Council is, as well, concerned that changes to the General Business District not negatively impact the Old Village commercial area. Before staff begins preparation of analysis and Code amendment drafts — or schedules any Hearings — we are interested in the Commission's direction regarding how (or even if) they would want to address these to topics. I suppose the Commission could decide to recommend to the Council that nothing be changed on one or both of the topics.