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HomeMy WebLinkAbout08-19-86 CCMSince 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 AUGUST 19, 1986 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: August 5, 1986 3. Claims 4. Public Inquiries - Kurt Feil Memo 5. CITY ENGINEER'S REPORT A. Update on Sealcoat Assessment B. Additions to the 201 Program, Part D 7:30 p.m. 6. Public Hearing : Variance Request on Maximum Size of Accessory Structure in the R-R Zone - Richard and Jackie McNamara, 10321 loth St. N. 7. Request for Variance from Development Moratorium: Joe Rogers and Brockman Trucking Company 8. PLANNING AND LAND USE A. Proposed New Future Land Use Map ----------------------- B R E A K ----------------------------- 9. CITY ADMINISTRATOR'S REPORT A. 19 7 Budget Work Meeting 1. Review and Approve Pay Plan 2. Review Preliminary Budget 3. Review Capital Improvement Plans B. Other 10. Adjourn LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 1986 Mayor Morgan called the City Council meeting to order at 7:04 p.m. in the City Council chambers. Present: Armstrong, Dunn, Mazzara, Christ, City Administrator Overby, and City Attorney Knaak. 1. Agenda Add: 9B. Resolution on Composting, 9C. Comment on Washington County Bulletin M/S/P Christ/Dunn - to approve the agenda for the August 19, 1986 City Council meeting as amended. (Motion carried 5-0). 2. Minutes: August 5, 1986 M/S/P Christ/Armstrong - to approve the August 5, 1986 City Council minutes as amended. (Motion carried 5-0). 3. Claims Councilman Dunn brought up claim 87662 TKDA-Pass Thru of $407.62. Dunn referred to a motion from June 3, 1986 minutes stating that the City should not incur any costs. It was suggested to pay TKDA and to instruct the City Administrator to check into this as a pass-thru cost. M/S/P Dunn/Morgan - to approve the August 19, 1986 claims #87641 thru #87698 as presented, contingent on the City Administrator checking into the pass-thru costs of Claim #87662. (Motion carried 5-0). Councilman Christ referred to Claim #87645 for 14 doors for the new office at the cost of $1,050.00 and thanked Steve DeLapp for his efforts in saving the City approximately $4,000 with this purchase. 4. Public Inquiries Variance Request to Development Moratorium Ken Sovereign requested a variance from the Development Moratorium to allow the City Council to consider his proposal for a Simple Lot Subdivision at 4415 Olson Lake Trail. His reasons were because of the new capital gain tax law he will have to sell his property and with the extension of the Development Moratorium to December 2, 1986, this might cause him to lose the sale this year. This application was before the Planning Commission on March 10, 1986 and was denied. This request will be put on the August 25, 1986 Planning Commission agenda to determine what impact the proposed simple lot subdivision and preliminary plat would have upon the Comprehensive Plan. LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 1986 PAGE 2 M/S/P Morgan/Dunn - to refer Ken Sovereign's request for a variance from the Development Moratorium to the Planning Commission. (Motion carried 5-0). Fill Policy Jim Weyer, representing the Lake Jane Association, asked the City Council to reconsider the policy adopted by the City on August 5, 1986 in providing fill and/or sand to property owners affected by high water. He based this request on an agreement for an easement between the City of Lake Elmo and George Hedges which allowed water to flow into Lake Jane. This agreement terminated on September 15, 1975. However, the water is still flowing through this easement and this ditch has never been covered up. The City, in turn for allowing this easement, agreed to remove water from Lake Jane by pumping or otherwise. Weyer added that the City has a moral obligation and commitment to help any property owner affected by the high water. Councilman Christ stated that the Maintenance crew cannot afford the time to spend days hauling fill because the City is not in the sand hauling business. The City would have to contract with a private hauler. He further asked why should the City do this versus the private sector. He expressed concern for all the people affected by the high water, but questioned as to when does the City quit and private enterprise take over. Councilman Dunn explained that this policy was brought about because of extended discussions and excessive demands for fill from Legion Pond and not just Lake Jane. If there is an emergency situation, then it should be brought before the full Council as an individual case. An open City-wide policy has caused the City to lose control and people have abused it. Dunn felt that the current policy is good because the City does have the control. Mayor Morgan felt uncomfortable with not being in a position to help and felt that the next eight months are critical. In his opinion, he felt that it has not gotten out of hand, has been under the City Engineer's supervision and it is not a significant amount compared to other City expenditures. Councilwoman Armstrong stated that the City has helped the people that needed help and was not in favor of changing the adopted policy. Mayor Morgan suggested that the City Council work the problem and see if a compromise could be made that is more reassuring to the people and acceptable to the Council. Reid Park Susan Weisbrod, 11356 30th St. N, presented her concerns in a letter regarding the amount of development that is planned for Reid Park. Her concerns were as follows: development of ballfields and playground that will draw crowds of people; that if the ballfields are developed with bleachers, lights will draw organized teams; that alcoholic beverages are being consumed on LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 1986 PAGE 3 the park premises, and that 30th Street is so busy that development of the park will create more traffic and add to the problem of high speed, non -monitored traffic. Mayor Morgan assured her that it is a neighborhood park and will not be highly developed. It should be an asset to the neighborhood where children can enjoy having a park there. Morgan suggested that Mrs. Weisbrod express her concerns to and work with the Park Commission. 5. CITY ENGINEER'S REPORT A. Update on Sealcoat Assessment The 1986 Sealcoating Assessment Hearing is scheduled for September 2, 1986. City Engineer Bohrer has received an estimated construction cost from the County; the actual construction cost will not be finalized for a few days. The following information was provided by Bohrer in preparation for the assessment hearing: Estimated Construction Cost $34,600.00 Engineering $ 1,150.00 City Administration (5%) $ 1,730.00 Subtotal $37,480.00 Capitalized Interest (10%) $ 3,748.00 Total Estimated Project Cost $41,228.00 Ad Valorem Tax (80%) $32,982.40 Assessment (20%) $ 8,245.60 Benefitting Parcels 333 Assessment Rate $ 24.76 B. Additions to the 201 Program, Part D At the August 5, 1986 Council meeting, the City Council considered the request of the following seven individuals to be added to the 201 Program. 1. Loren Johnson, 2. Bob Mogren, 3. David Furseth, 4. Fred Prokosch, 5. Donny Eliason, 6. Steve Shanley, 7. Benjamin Klein, 8460 Deerpond Trail 8738 Lake Jane Trail 8004 50th Street 11240 32nd Street N. 8017 50th Street N. 2797 Legion Avenue 2940 Jamley Avenue The Council asked that recommendations be brought back to the next meeting. Two of the criteria to be used in this evaluation is that there be no delay in the original project and that any unfunded costs be borne by the individual. City Engineer Bohrer's review of the possible additions to the 201 Program is in a letter to the City Council dated August 14, 1986. LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 1986 PAGE 4 City Engineer Bohrer recommended that Furseth and Shanley be added to Part D because they cannot upgrade on their own lots, they are adjacent to planned cluster systems, and there will be no delay to the project. It was recommended that all other requests be denied because of the probable delay to the project. M/S/P Mazzara/Dunn - to accept Larry Bohrer's recommendation to allow David Furseth, 8004 50th Street, and Steve Shanley, 2797 Legion Avenue to be added to Part D of the 201 Program because they cannot upgrade on their own lots, they are adjacent to planned cluster systems, and there will be no delay to the project. (Motion carried 5-0). M/S/P Mazzara/Dunn - to accept Larry Bohrer's recommendation that all other requests be denied because of the probable delay to the project. (Motion carried 5-0). 6. Public Hearing : Variance Request on Maximum Size of Accessory tructure in the R-R Zone -- Richard and Jackie McNamara, 10321 loth St. N. Richard and Jackie McNamara wish to build a 144 foot by 54 foot addition to their existing barn. The size of the existing barn (45x35) is 1,575 square feet. The new addition would increase the total building size by 7,776 square feet to 9,351 feet. Public notice was duly sent and published. Mayor Morgan opened up the public hearing at 7:55 p.m. The building will be metal and used as an arena to work the animals and for hay and machinery storage. It was suggested that this would be a fine building to erect, but they would rather see the McNamara's in Ag zoning. Mrs. McNamara stated they would be more than happy to apply for Ag zoning, but because of the Development Moratorium this is not possible. On the advise of the City Attorney, this variance request would first need to have a variance from the Development Moratorium. Mayor Morgan closed the public hearing at 8:10 p.m. M/S/P Armstrong/Dunn - to refer the request to the Planning Commission for a variance to the Development Moratorium for an Accessory Building Size and/or Rezoning to Agricultural to be considered from Richard and Jackie McNamara. (Motion carred 5-0). 7. Request for Variance from Development Moratorium: Joe Rogers and Brockman Trucking Company Representing Joe Rogers, Don Raleigh presented his request for a variance from the Development Moratorium to allow the Planning Commission and City Council to consider Mr. Roger's proposal to rezone a 17 acre tract of land located west of the junction of State Highway 5 and Stillwater Road to zoning classification LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 1986 PAGE 5 Industrial or other appropriate zoning classification to permit Brockman Trucking, Inc. to use the property as a storage site for UP to 50 truck trailers and to permit construction of a repair garage building at some future date. M/S/P Morgan/Armstrong - to refer to the Planning Commission for consideration of Joe Roger's variance request to the Development Moratorium. (Motion carried 5-0). 8. PLANNING AND LAND USE A. Proposed New Future Land Use Map City Administrator Overby handed out the proposed new Future Land Use Map and explained that this proposed map has been prepared on the basis of conclusions reached from the land use inventory. The purpose of the inventory was to compare the number of existing and undeveloped housing sites (on lots) to the housing demand over the next 15 years (1986-2000). The Planning Commission is using the Metro Council's estimated population figures of 6,100 for 1990 and 6,400 for 2000 as their reference figures. Based on these population "targets", 200 homes would be needed between now and the year 2000 to accommodate 600 new persons in Lake Elmo (assumes average of 3.0 persons per household). The land use inventory estimates that there are 257 platted lots already available at this time. This would theoretically be enough to handle the 15 year demand, however it would make sense to include the 189 potentially available (undeveloped) lots in the R-1 zoning district. The new total of 447 housing sites would theoretically provide for a population increase of 1,338 persons in the City. This is over twice the projected rate of population growth (600 new persons in 15 years). Planning Commission Chairman Chuck Graves commented that the Commission has not yet taken any action relative to the map. As to potential lots for development, he questions as much as 10-20% inaccuracy on the presented numbers. He further explained that the Planning Commission voted to eliminate the I-94 Overlay District. He's not saying that the Overlay District as it exists is the best alternative, but was the best they could come up wih at the time. He added that the Overlay District did define several things: defined parameters or guidelines that could be used when/if development occurs and can be controlled such as minimum lot size and SAC units, it does serve as a "red flag" to anyone that wants to come in and put in a development along I-94, and provides a legally defensible position to accept or rejct future proposed development. He would like to encourage the City Council to leave in force the I-94 Overly district that was accepted in October of 1985. Planning Commission member Novak summarized that this proposal includes six times as much acreage for residential units, and over five times as much business acreage as we need to meet the population forecast for the year 2000. LAKE ELMO CITY COUNCIL MINUTES AUGUST 19, 1986 PAGE 6 Gene Peltier and Dorothy Lyons commented about the need for the City to consider and allow them a reasonable use of their land. Peltier stated that he does not want to see it zoned Agricultural and asked where is there a market for Agricultural land. Landowner Don Reagan and other citizens voiced concerns that the people couldn't live with the plan because it was too vague. People are not going to risk money to prepare a plan unless you give them boundaries in which to work. A program should be devised to include what businesses are compatible along a freeway and the maximum number of acres and money needed for investment on a development. 9. CITY ADMINISTRATOR'S REPORT A. 1987 Budget Work Meeting 1. Review and Approve Pay Plan M/S/P Morgan/Armstrong - to approve the proposed pay plan for budget purposes. (Motion carried 5-0). 2. Review Preliminary Budget 3. Review Capital Improvement Plans These were handed out and reviewed and will discussed at the next City Council meeting. B. Resolution on Composting M/S/P Morgan/Christ - to adopt Resolution 86-42 in support of allowing residents of the City of Oakdale to use the Lake Elmo composting site. (Motion carried 5-0). C. Comment on the Washington County Bulletin In regard to a recent Washington County press release which updated the status of the Lake Jane landfill cleanup efforts, Mayor Morgan commented on how amazed he was that the County would issue such a press release. Morgan pointed out that the release indicates several private wells continue to show evidence of chemical contamination and he cannot understand how the Counties can be happy when even a trace still exists. Councilman Christ reported that the latest round of testing on his well shows that the level of contamination is higher than it's ever been. He also felt the Counties should not be happy until every trace of contaminants is eliminated from each and every well. City Administrator Overby also questioned the reasoning which led to the counties drilling a second gradient control well. M/S/P Dunn/Morgan - to adjourn the City Council meeting at 10:13 p.m. (Motion carried 5-0). the Laceno6 c 2 ost ort of allowing residents of the City of Oakdale to use site.