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HomeMy WebLinkAbout03-04-86 CCMLAKE ELMO CITY COUNCIL MARCH 4, 1986 } MINUTES Y. Mayor Morgan called the City Council meeting to order at 7:00 p.m. in the City Council Chambers. Present: Armstrong, Dunn, Mazzara, Christ (arrived 7:05 p.m.), City Administrator Overby, City Engineer Bohrer and Attorney Kathleen Rauenhorst. 1. Agenda Add: 6D. School Crossing Update, 8C. Entrance Road to Sunfish Park, 9. City Attorney's Report M/S/P Dunn/Morgan - to approve the agenda for the March 4, 1986 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: February 18, 1986 M/S/P Mazzara/Morgan - to approve the February 18, 1986 City Council Minutes as amended. (Motion carried 4-0). 3. Claims Councilwoman Armstrong suggested that Claim #87090 Pitney Bowes Credit Corp. - payment on postage meter & scale of $230.00 not be paid until further information is available. M/S/P Armstrong/Dunn - to approve the March 4, 1986 Claims 87089 thru 87141, excluding claim 87090, as presented: (Motion carried 4-0). 4. Public Inquiries There were no public inquiries. 5. PLANNING AND LAND USE A. Zoning District Amendment - A.M. and Paul Palzer Mr. John Bannigan of the Bannigan & Kelly law firm of St. Paul represented A.M. and Paul Palzer for rezoning from Agricultural to Rural Residentail a 40 acre parcel of land located on Keats Apenue. He stated that the Palzer's have presented a concept plan proposing seven single family cluster development along the westside of the Keats Avenue right-of-way. This concept plan is sensitive to and utilizes the cluster development and intends to preserve what is considered important to this community, namely, Ag land, open spaces and scenic views. The property in question is bounded on the east and the west by Rural Residental zoning and the proposal is consistent with that land use as presently zoned and utilized in the community. It is highly improbable that farming would ever be reestablished on this parcel. Immediately to the north boundary, there is a parcel that is already used for commercial use under CUP 2 for Lauseng Stone. No urban services LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1986 PAGE 2 are necessary for this parcel and it meets the policies and the goals for Rural Residential that have been set up in the Comprehensive Plan. Todd Williams, 3025 Lake Elmo Ave. - I oppose the rezoning because the Palzers knew it was zoned Ag when they purchased it. The Comprehensive Plan calls for preserving land in Ag zoning whenever possible and for as long as possible because of the demand for urban services which, Williams feels, more intense development always brings. The Comprehensive Plan was designed to help stage development properly so that "leap frog" development and spot zoning does not occur. There are already 200 residential lots in the City which are available for building, and it is only good sense to direct new residential building to these areas and not to start another isolated cluster of homes. Mr. Bannigan responded to Mr. William's statements by pointing out that to deny an application there must be findings of fact, for which there must be a rational basis. Also, the property owner has the right to get the highest and best use of his land. Bannigan feels the Palzer's meet the conditions the City sets forth in its performance standard and the City must have overriding reasons to deny the application. Councilwoman Armstrong stated that the burden is on the landowner to show a mistake in the original zoning or that the character of the neighborhood has changed to such an extent that no reasonable use can be made of the property in its present zoning classification. The Palzers knew that this was zoned agricultural when they purchased it and reasonable use of this land may continue as it has been used. The character of the neighborhood is rural and agricultural and the neighbors rely on this zoning remaining unchanged, and Lake Elmo's policy has been to preserve open spaces and prevent "leap frog" development. The City has sufficient lots to accomodate building in the more developed areas of Lake Elmo and seven houses on a cul-de-sac would change the character of the neighborhood and require additional city services such as snowplowing. Councilman Mazzara felt that the Palzer's plan conforms to the City Code which would allow a cluster development of seven lots per forty acres, and out of this forty acres 28.6 acres would remain open. The intent of the Comprehensive Plan is still being met by keeping at least 28 acres open. M/S/P Armstrong/Dunn to deny a request from A.M. and Paul Palzer for rezoning a 40 acre parcel of land located on Keats Avenue from Agricultural to Rural Residential based on the reasons stated. (Motion carried 3-2<Ma.zzara, Morgan: based on the soils not being prime agricultural land>). B. Public Hearing : Proposed Interim Ordinance for a Temporary Moratorium on Development. Mayor Morgan opened up the public hearing at 7:30 p.m. in the City LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1986 PAGE 3 Council Chambers. This is a public hearing regarding the proposed development moratorium recommended by the Planning Commission at its February 10, 1986 meeting. The purpose of the moratorium is to give the Planning Commission time to update the Comprehensive Plan and make any revisions to the City Code that would be necessary by revising the Plan. Ed Stevens, 10133 47th St. N., asked the City Council if they planned to give direction to the Planning Commission as it was "quite surprising" that the Planning Commission voted to recommend approval of the Palzer rezoning, yet the Council denied the request. He feels there is some difference of opinion between the Planning Commission and the City Council as to what the zoning should be. Stevens suggested the Council clarify this so there is a better agreement between the two bodies. City Administrator Overby responded that the City Council had met with the Planning Commission in January to discuss a new list of planning issues as a start towards updating the City's Comprehensive Plan. He also stated that the Council would be given periodic updates as assurance that the Planning Commission is not "headed in a direction the Council would not support." Sandy Nazarian, 5450 Highlands Tr. N., pointed out that when the Comprehensive Plan was completed in 1979 there was a survey that was sent to the residents asking their opinions on a number of questions. She suggested that it may benefit the Planning Commission to be aware of the current needs and desires of the residents of Lake Elmo. Marge Williams, a Planning Commission member, responded to Nazarian's concern by stating that the Planning Commission will, in lieu of the questionnaire, ask the public to come to the meetings at different times to express their concerns and needs and pointed out that the Commission does not intend to act independent of the public and/or its concerns. Mayor Morgan closed the public hearing at 7:40 p.m. Mayor Morgan acknowledged that every effort will be made to get the public involved in this process. The consensus of the City Council was to approve a six month moratorium on development. The granting of building permits for platted lots, if there are no special uses or variances, will be exempt from this moratorium as well as any proposals presented to the City for improvements in Section 32 and a portion of Section 33. M/S/P Morgan/Dunn - to have City Administrator Overby prepare a draft resolution, including the changes discussed, approving a six month moratorium on development to be presented at the next City Council meeting. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1986 PAGE 4 6. CITY ENGINEER'S REPORT A. Bellaire Sanitation - Request for variance from spring road weight restrictions. This item was tabled from the last Council meeting on 2-18-86 to obtain information as to how other municipalities in the area handle such requests. John Maroney, Maroney Service, was in attendance to request a variance from spring road weight restrictions. Councilwoman Armstrong and Councilman Christ expressed their concern to save the roads, however not to interfere with the public health concern of leaving trash uncollected. Armstrong also felt that because the County didn't give out any variances, then the City shouldn't give any variances either. Councilmen Christ and Mazzara would support a compromise of 7 tons per axle and for haulers to use their discretion on roads they travel on. M/S/P Morgan/Mazzara - to amend the load limits for the garbage and septic haulers operating within the City of Lake Elmo to 7 tons per axle, acknowledging that the County and State still have the option to ticket the truck if it is overloaded while traveling on a County or State roadway coming to or leaving Lake Elmo. (Motion carried 4-1<Armstrong>). B. County Landfill Water Supply Project Councilman Christ informed the City Counsil that the Ramsey County Board changed their attitude and decided that they didn't need to supply community water to the residents affected by the Lake Jane Landfill contamination. Ramsey County decided to pass a resolution agreeing to install individual granular activated carbon filtering units in the residences within the landfill advisory area. The residents totally objected to this. Councilman Christ stated that just cleaning the water would not solve the hardships that homeowners have faced for the past several years and will probably face in the future. Christ feels that consideration of the reduction in market values of the homes in the affected area has not been addressed by the Minnesota Pollution Control Agency. He feels it is necessary to demonstrate there's a reduction in market values of up to $45-$50,000, and one of the residents has already experienced this. Mayor Morgan stressed that we have a very grave problem right now. We must convince the Ramsey County Board and the Minnesota Pollution Control Agency that the charcoal system is not an adequate solution to this problem. Morgan added that there are some dangerous chemicals that can't be filtered out. Charcoal is not the safest or the most effective way to solve this problem. LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1986 PAGE 5 The Council discussed adopting a resolution condemning the action of the Ramsey County Board for choosing options other than an adequate public water supply to resolve the pollution problem they created at the Lake Jane Landfill. This will be followed by a letter to Ramsey County indicating the charcoal filtration is totally unacceptable to the City of Lake Elmo. The City will attempt a "face-to-face" meeting with the MPCA to find out why they feel the charcoal filtration system is an acceptable solution. The City will also communicate to its Legislators its concerns over the time it took for this problem to be resolved and the fact that another landfill in Lake Elmo is under consideration. M/S/P Morgan/Dunn - to adopt resolution 86-21 condemning the action of the Ramsey County Board for choosing options other than an adequate public water supply to resolve the pollution problem they created at the Lake Jane Landfill and a letter following to Ramsey County, with copies sent to the MPCA, Washington County and Senator Laidig and Rep. McPherson, indicating the charcoal filtration is totally unacceptable to the City of Lake Elmo. (Motion carried 5-0). C. 1986 Sealcoating Project: Set date for public hearing. In 1983 the City adopted a six year seal coat program in which all of the City streets that would be preserved or benefited from a seal coat would be seal coated on a six year rotational basis. The last one-third of the City streets which need to be done are scheduled for 1986. M/S/P Morgan/Dunn - to instruct City Administrator Overby to prepare a public hearing notice for the 1986 Seal coat Program and to select a hearing date. (Motion carried 5-0). D. School Crossing - Update On March 4, 1986 a meeting took place at the Lake Elmo City office in regard to the school crossing light proposed for TH5, near the intersection with County Road 17 (Lake Elmo Avenue). Persons in attendance included City Engineer Bohrer, City Administrator Overby, Maurice Jensen ISD 834 Business Manager, Lake Elmo School Principal Bill Rhodenbaugh, MnDOT staff Kurt Gobeli and a Mr. Kastner. The proposal is to erect a flashing signal as an advance warning to the crossing area. A signal would be located 300 feet to the east and to the west in advance of the actual crossing. In addition, right at the crossing there would be the standard pentagon shape "school crosswalk" symbol. Options that were discussed: (1) The light could be set on a timer and only flash during those times when children are expected to be present and would be turned off on weekends or summertime. (2) The City could request MnDOT to establish a school zone speed limit. LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1986 PAGE 6 The City Council prefers a flashing light with a timer during the hours when pedestrians may use the crosswalk. A suggested time might be from 6:00 a.m. to 10:00 p.m. The City Council decided to request MnDOT to conduct a speed zone study for the TIi5/CSAH17/school crossing area and report its findings to the City and School District. City Administrator Overby will check with the City Attorney on whether the agreement with MnDOT should involve the School District. M/S/P Morgan/Christ - to have City Engineer Bohrer proceed with requesting MnDOT to perform a school zone speed study and report back with the findings to the City Council. (Motion carried 5-0). 7. COUNCIL BUILDING PROJECT A. Office Building Project Kelly Brookman and Don Raleigh presented a letter to the City Council on behalf of the Brookfield Company, wherein an offer was made to donate a 1.5 acre lot, located immediately south of the Brookfield II Building, to be used as the site for a new City Hall. Brookman told the Council that the Brookfield Company decided to give this property to the City because they believe the City Hall should remain in the Old Village business district. The Brookfield Company put two conditions in the deed conveying the 1.5 acre lot to the City. These conditions are: (1) That the City start construction of the new City Hall by November 1, 1987. (2) the City use the property for a City Hall for at least 15 years. They also informed the Council that the lot is free and clear of all liens or encumbrances, except for real estate taxes which will be payble during the year 1986. These real estate taxes (in the approximate amount of $1,400.00) would have to be paid by the City unless the County will grant an abatement. Councilman Dunn asked if the Brookfield Company had some specific architectual design in mind. They responded that they didn't have any design in mind, but would not like to see another poor quality building such as the Hecla, Inc. building across the street. They would like to have the opportunity to review the concept plans and offer their comments. Mayor Morgan acknowledged that the offer was one the City could not refuse and thanked the Brookfield Company for its generous offer. City Engineer Bohrer made the following report on the site. The site is approximately 400' long and 160' deep and the 1.5 acre lot would meet the City code. Don Raleigh, partner of the Brookfield Company, informed the City Council that there has already been a simple lot subdivision, pere tests had been done and the existing access road would be available for use by easement or agreement. The soils are generally suited for a septic system and according LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1986 PAGE 7 to the Washington County Soil Survey the eastern half appears to be better than the western half. The drainage on the lot is generally from north to south. The elevation on the north along the access road is about 932 and drops off about 2 feet to the south. When the area was subdivided, the Watershed District did recommend a minimum building elevation of 933 for this lot. All the ponding requirements have been met by the subdivision plan. The City Council appointed Councilmen Dunn, City Engineer Bohrer, City Administrator Overby and Dan Olinger to begin the preliminary planning and report back at the next meeting. City Administrator Overby will check with the City Attorney regarding the liability question of using volunteers. 8. CITY ADMINISTRATOR'S REPORT A. Review bids received for new dump truck, underbody plow, sander, and reversible snow plow - Dan Olinger This item was tabled from the 2-18-86 meeting. Dan Olinger presented the bid sheets to the City Council and explained that $50,000 was budgeted for this in 1986. Olinger recommended not trading in the 1979 Ford Truck, but selling it outright. He also recommended buying the truck from Lakeland Ford and dump body and hydraulics from J. Kraft, the underbody snowblade as bid, and the reversible snowplow and sander from Little Falls Machine. Mayor Morgan suggested that the City Council take a look at the low bidders in each case and why the bids are not accepted and will make their decision at the next meeting. B. Cost comparisons on need for air compressor and air hammer - Dan Olinger City Engineer Bohrer stated that a portable air compressor is necessary for the street department to do a good job. It is a multi -purpose piece of equipment that, among other tasks, can blow out the cracks prior to sealing them. Maintenance Foreman Olinger explained that there is $5,000 in the budget for an air compressor and based on the rental costs, it would be a savings to purchase a used air compressor. M/S/P Christ/Morgan - to approve the purchase of a 1975 Leroi 175 c.f.m. compressor from Carlson Equipment who have also agreed to include a jackhammer and hose for $4,995. (Motion carried 5-0). C. Entrance Road to Sunfish Park City Administrator Overby advised the City Council that the entrance road has become quite rutted and muddy. Dunn stated that past practice has been to shut it down temporarily at this time of year. Even though we might have snowstorms where people want to ski in the park, they just park at LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1986 PAGE 8 the road and ski back into the trails. M/S/P Morgan/Mazzara - to leave the closing of the entrance road to Sunfish Park to the discretion of the Maintenance Foreman Dan Olinger. (Motion carried 5-0). 9. CITY ATTORNEY REPORT Attorney Kathy Rauenhorst advised the Council that Pat Klaers' unemployment benefit claim has been approved by the State of Minnesota. She also stated that the City has won the Alford Case on all .points and doesn't see an appeal forthcoming. M/S/P Morgan/Armstrong - to adjourn the City Council meeting at 9:55 p.m. (Motion carried 5-0). Resolution 86-21 condemning the action;of the Ramsey County Board for choosing options other than an adequate public water supply to resolve the pollution problem they created at the Lake Jane Landfill Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information ( is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions;. and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL MARCH 4, 1986 7:00 p.m. Meeting Convenes 1. Agenda 2. Minutes: February 18, 1986 3• Claims 4. Public Inquiries 5. PLANNING AND LAND USE A. Zoning District Amendment - A.M. and Paul Paizer 7:30 p.m. B. Public Hearing: Proposed Interim Ordinance for a Temporary Moratorium on Development --------------------------- BREAK ------------------------------- 6. CITY ENGINEER'S REPORT A. Bellaire Sanitation - Request for variance from spring road weight restrictions. B. County Landfill Water Supply Project C. 1986 Sealcoati.ng Project: Set date for public hearing. 7. COUNCIL REPORTS A. Office Building Project 8. CITY ADMINISTRATOR'S REPORT A. Review bids received for new dump truck, underbody plow, sander, and reversible snow plow - Dan Olinger B. Cost comparisons on need for air compressor and air hammer - Dan Olinger 9. Adjourn