HomeMy WebLinkAboutResolution 2006-147CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-147
A RESOLUTION REQUESTING AN EXTENSION OF TIME FOR FULFILLING REQUIREMENTS
OF M.S. 473.865.
WHEREAS, the City of Lake Elmo 2030 Comprehensive Plan was approved by the
Metropolitan Council on the 12'h day of April, 2006 (the "Comprehensive Plan Approval
Date"); and
WHEREAS, there are conflicts between the City of Lake Elmo 2030 Comprehensive
Plan and the current City of Lake Elmo Official Controls; and
WHEREAS, pursuant to M.S. 473.865, Subd. 3, the City of Lake Elmo has nine (9)
months from the Comprehensive Plan Approval Date to amend its Official Controls so as
to eliminate conflicts between the City of Lake Elmo 2030 Comprehensive Plan and the
City of Lake Elmo Official Controls (the "Conflict Review Term"); and
WHEREAS, the Conflict Review Term will expire on the 11th day of January, 2007;
WHEREAS, the City of Lake Elmo wilt not have reconciled all relevant conflicts
between the City of Lake Elmo 2030 Comprehensive Plan and the City of Lake Elmo
Officials Controls by the current expiration date of the Conflict Review Term; and
WHEREAS, pursuant to M.S. 473.869, the City of Lake Elmo may request the
Metropolitan Council to extend the time for the City of Lake Elmo to fulfill the
requirements imposed by M.S. 473.865, Subd. 3; and
WHEREAS, since the Comprehensive Plan Approval Date, the City of Lake Elmo has
undertaken the following procedures in order to fulfil[ its requirements and has
experienced the following exceptional circumstances during the Conflict Review Term:
1. The City of Lake Elmo retained a consulting firm to prepare a zoning code
based primarily on performance zoning criteria. After the project was completed, the
City determined that this type of zoning regulation could become arbitrary and difficult
to administer. The City Planner then drafted a more standard Euclidian Zoning
Regulation which would apply to all property within the City of Lake Elmo. The process
of first considering a Performance Zoning Regulation and then an Euclidian Zoning
Regulation was time-consuming.
2. In the Fall of 2005, and the Spring of 2006, the Minnesota Department of
Health conducted meetings relative to contamination which was spreading southerly and
westerly from the former Washington County/Ramsey County Landfill near Jamaca and
Highway 5 in the City of Lake Elmo. The contamination had polluted individual wells in
the west central portion of Lake Elmo. The Minnesota Department of Health
recommended that these wells be sealed and that the City provide water to serve this
neighborhood, In response, the City designed, bid, and built water mains and laterals to
serve the west central portion of Lake Elmo, The City is also in the process of
connecting individual wells to the City's water system. The coordination of these
projects consumed a considerable amount of the City's Administrator's time.
3. When the City Administrator died suddenly on October 7, 2006, the City
Planner was asked to absorb the City Administrator's duties. Consequently, the City
Planner could not devote full time to planning activities.
4. On the 19th day of July, 2006, the City of Lake Elmo retained the Robert
Engstrom Companies and Close Landscape Architecture, Inc. to prepare a Village Area
Master Plan. The scope of the contractor's duties is attached as Exhibit A. It is critical
that the Village Area Master Plan be completed prior to final adoption of the City of
Lake Elmo's Zoning Regulations for the Village Area.
5. Can the 8th day of November, 2006, the City of Lake Elmo retained Susan
Hoyt as a project director. The Project Director is to provide project management
services to the Lake Elmo City Council and to the City's interim City Administrator. The
Project Director has analyzed the various components involved in the implementation of
the City of Lake Elmo 2030 Comprehensive Plan and has provided the report attached as
Exhibit B to the City Council.
6. On the 5th day of December, 2006, the City Council authorized the
preparation of a feasibility report for the extension of sanitary sewer from the vicinity of
Interstate 94 and County Road 17 to the Village Area. The feasibility study will be
presented to the City Council on the 201h day of February, 2007. This project is designed
to satisfy some of the requirements of the Lake Elmo 2030 Comprehensive Plan.
7. Between May 22, 2006 and December 11, 2006, the Lake Elmo Planning
Commission has reviewed the status of the proposed zoning regulations and the Village
Area Master Plan at twenty (20) meetings and/or public hearings. Most of these public
hearings and meetings were devoted to reviewing the Euclidian Zoning Regulations.
& Between April 11, 2006 and December 19, 2006, the Lake Elmo City Council
has reviewed the status of the proposed zoning regulations, the Village Area Master Plan,
the efforts of the Lake Elmo City Planning Commission and the extension of sanitary
sewer to the Village Area at seven (7) meetings and has received and reviewed the
minutes of the Lake Elmo Planning Commission,
9. On the 5th day of December, 2006, the City Planner resigned.
10. On the 11th day of December, 2006, the City of Lake Elmo sent out requests
for qualifications for consulting services to prepare an AUAR on the Lake Elmo Village
Area Master Plan. The scope of services defined in the request for qualifications is
attached as Exhibit C.
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11. Even though the City of Lake Elmo has spent considerable funds and
hundreds of hours of time reviewing and drafting plans and regulations to implement the
City of Lake Elmo 2030 Comprehensive Plan, it will not be able to meet the current
deadline for the submission of Official Controls. The City's inability to meet the nine -
month submittal deadline is due, in part, to staffing; the unexpected but necessary
effort to provide water to the west central portions of the City of Lake Elmo; the sudden
death of the City Administrator and the requirement that the City Planner absorb the
Administrator's duties; and the resignation of the City Planner.
HOW, THEREFORE, be it resolved that the Lake Elmo City Council hereby
respectfully requests that the Metropolitan Council approve an extension of the Conflict
Review Term from the 11th day of January, 2007 until the 121h day of July, 2007.
Dated: Vic: '�-vbe`° 2c) CITY OF LAKE ELM
By:
can A. Johnston, Mayor
ATTESTED BY:
Thomas Bouthi -f, Acting ffiffAdministrator
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