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HomeMy WebLinkAbout11-18-86 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 NOVEMBER 18, 1986 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: November 5, 1986 3. Claims 4. CITY ENGINEER'S REPORT A. Resolution to Alter CSAH 15 Designation B. Re -opening of 15th Street C. High Water on 32nd Street D. Final Payment #1 to Tower Asphalt E. 201 Program 1. Partial Payment No. 2 - Widmer, Inc. 2. Status Report on Withdrawal Requests 7:30 p.m. 5. PUBLIC HEARING : Variance to Allow an Advertising Sign with a Conditional Use Permit in a General Business Zone - Jamie L. Olson 8:00 p.m. 6. PUBLIC HEARING Variance to Minimum Lot Size and Lake Frontage; Simple Lot Subdivision and Preliminary Plat - Ken Sovereign 8:30 p.m. 7. PUBLIC HEARING : Variances for Required Parking Spaces, Landscaped Buffer Strip and Screening - Site & Building Plan Review, D.C. Sales Company, 9242 Hudson Road 9:00 p.m. 8. PUBLIC HEARING : Variance to Size of Accessory Structure in the Rural Residential Zone - Steve Pott, 4212 Lake Elmo Avenue North -------------------------B R E A 9. CITY ADMINISTRATOR'S REPORT A. Interim Ordinance to Adopt 1986 Comprehensive Plan B. Approval of Zoning Ordinance Amendments & Rezonings C. Washington County Solid Waste Management Master Plan D. Canvas Results of 1986 Election 10. Adjourn CITY OF LAKE ELMO TALLY SHEET - 1986 Precinct I Comnuter paver Ballot Totals Totals Precinct: Totals Mayor - 2 year term Arlyn Christ 571 14 (absentee) 585 (overvotes) 0 — (undervotes) 37.9 (write-in votes) 148 148 Precinct II Mayor - 2 year term Arlyn Christ 604 16 (absentee) 620 (overvotes) 0 -- (undervotes) 412_ (write-in votes) 257 257 Total Computer Total Parser Total Votes' Votes Votes Arlyn Christ 1175 30 (absentee) 1205 (overvotes) 0 (undervotes) 731 (write-in votes) 405 405 Computer Paper Ballot Precinct t Precinct I Totals Totals Totals City Council T (2) 4-year terms Clyde Joseph Durand 88 5 (absentee) 93 Bruce Dunn 270 7 " 277 277 Charles W. (Chuck) Graves 463 6 Donald E. Moe 512 7 519 519 Steve Raleigh 242 8 250 (overvotes) 16 (undervotes 189 (write-in votes) 0 Precinct: I1 Clyde Joseph Durand 69 2 (absentee) 71 Bruce Dunn 420 11 431 Charles W. (Chuck) Craves 552 1.0 562 Donald E. Moe 4.62 469 Steve Raleigh 366 10 " 376 (overvotes) 14 (undervotes) 149 (write-in votes) 0 Total Computer Votes Clyde Joseph Durand 157 i Bruce Dunn 690 Charles W. (Chuck) Craves 1015 Donald E. Moe 974 Steve Raleigh 608 (overvotes) 30 (undervotes) 338 (write-in votes) 0 P� Total Paper Total Votes Votes 7 (Absentee) 164 4,56% 1.8 708 20,03% 16 1031 29.0% 14 988 28.28% 18 626 17.65% LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 Mayor Morgan called the City Council meeting to order at 7:02 p.m. in the City Council chambers. Present: Morgan, Armstrong, Dunn, Mazzara, Chirst, City Engineer Bohrer, City Attorney Knaak (arrived 8:15), and City Administrator Overby. 1. Agenda M/S/P Christ/Dunn - to approve the Agenda for the November 18, 1986 City C??Ucil meeting as presented. (Motion carried 5-0). 2. Minutes: November 5, 1986 M/S/P Dunn/Armstrong - to approve the November 5, 1986 City Council minutes as presented. (Motion carried 5-0). 3. Claims M/S/P Christ/Armstrong - to approve the November 18, 1986 claims #87984 thru #88066 as presented. (Motion carried 5-0). 4. CITY ENGINEER'S REPORT A. Resolution to Alter CSAH 15 Designation Mr. Richard Herold, Washington County Design/Construction Engineer, explained that Washington County is in the final stages of work to proceed with the re -alignment of CSAH 15 (Manning Avenue) between Downs Lake and Horseshoe Lake. The County is requesting that the City pass a Resolution which would give the City approval to the alteration (removal) of county -state aid designation to the existing segments of CO. Road 15 that are to be replaced by the realignment and turned back to the City of Lake Elmo and West Lakeland Township. City Engineer Bohrer had a concern that removal of the county -state aid designation on the existing portion of Manning Avenue which connects to 20th Street could put the Municipal State Aid designation for that road in jeopardy. The City Engineer has suggested to Washington County that they might retain CSAH designation on that portion of Manning Avenue between 20th Street and the new road alignment. This would allow 20th Street to continue to be eligible for municipal state aid funds. Another concern raised was that the ownership and maintenance of the turned -back segments of Manning Avenue would be the subject of negotiation and agreement between the City and the Township. City Engineer Bohrer had suggested that Lake Elmo could maintain the "northern" part of Manning Avenue (from 18th Street to the new CSAH 15 alignment), and West Lakeland could maintain the "southern" portion (from 18th Street to the new alignment). Mr. Herold explained that their consultant found the road structurally LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 2 sound and found the surfacing has not had an overlay in nearly 30 years. They would be looking at putting in a overlay before they turn it back to the City which is stated in the resolution. The County cannot turn back the roadway to the City until 2 years after construction so the County may very well maintain that segment for a period of two years. The requirement is two years to a township by State law, but there is no requirement to a City. On the other hand the City has to pass a resolution allowing them to change; whereas the township doesn't need a resolution. City Engineer Bohrer explained that part of the definition of a municipal state aid street is, which 20th St. is , it must begin and end at another state aid road. Bohrer hoped that the connection point, which is in West Lakeland Township and townships cannot have state aid roads, could be within County right-of-way and techically meet our criteria for a municipal state aid road. Bohrer felt that this concern on municipal state aid designation has been adequately answered. Bohrer replied that the City and the township will have to get together to decide who is going to maintain what portion of the road. City Administrator Overby raised a concern on the wording of the resolution. The working indicates that "Further Resolved... Lake Elmo will assume jurisdiction over existing Manning Avenue and connections within the corporate limits that is not designated as CSAH 15." Initially, this would appear to mean that Lake Elmo would take over jurisdiction of that portion of Manning Avenue that is located within its corporate limits. However, the map indicated the connections that are referenced by the wording in the resolution are actually both located in West Lakeland Township. Overby felt if this is correct, then the resolution would have to be amended to strike out the words "and connections". Mr. Herold responded with the reason he just didn't include the City because the majority of the realignment is outside the City. Mr. Herold agreed with Bohrer to restate the last sentence in the resolution to read "Lake Elmo will assume jurisdiction over existing Manning Avenue within its corporate limits that is not designated as C.S.A.H. 15• The City Council felt that the concerns they had. have been met, but wanted to be sure that the City does not give up any MSA capabilities on 20th Street. Bohrer replied that if there is a drawback, the City will end up with a 112 mile of road to maintain. The City Council had no objections to the proposed resolution, but - recommended that the City Attoney look over the resolution. City Engineer Bohrer will meet with West Lakeland Township in the interim to discuss the maintenance of the turned -back segments of Manning Avenue. B. Re -opening of 15th Street Ross and Lillian Henderson have purchased 58 acres of property on the southside of 15th Street, located east of the barricade. They intend LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 3 to construct a house on their property and have been issued a building permit to allow the construction work. In order for the Hendersons to build their house, they want the City to remove the street barricade. They indicated that they feel the condition of 15th Street is adequate for the time being and are not asking for any improvements to the road at this time. The City Maintenance Department installed a traffic barrier and cul-de-sac on 15th Street this summer in order to keep traffic and parties out of the end of the street, next to the County Park. The City Maintenance Foreman believes that the road will have to be improved with gravel and ditch -culvert work if it is going to be maintained properly. The estimated total cost of barricade removal and Improvements to the 700 feet of roadway to be approximately $3,400. City Administrator Overby explained that they only had one contractor that did an estimate on this which was $3,371. If they just did the barricade work and ditch filled in behind the barricade, some compacting and gravel, the Maintnenace Foeman estimated approximately $420 for this minimum work. M/S/P Christ/Morgan - to remove the barricade on l5t-h Street and approve the minimum fill and compacting ditch work. (Motion carried 5-0). City Administrator Overby will check with the contractor to see how soon this work can be done. C. High Water on 32nd St. Edna Rubbert, resident on 32nd Street, has asked what the City intends to do to solve the high water problem at the end of 32nd Street- where her house is located. City Engineer Bohrer reported that the pond at the east end of 32nd Street has been plagued by high water for some time. The pond has equalized with the Reid Park Pond for over one year. The rising water level has covered the east end of 32nd Street and covered a portion of Edna Rubbert's driveway at 11328-32nd Street. The Maintenance Department has raised the roadway a few times in the past. The present situation is that there is again about 2-3 feet of water over the low end of the Rubbert driveway. There is no other access to the garage and Mrs. Rubbert has been parking on the street for some time. It would take about $500 worth of fill to raise the driveway and roadway and one day of loader and operator time to place the fill. M/S/P Morgan/Dunn - to approve the filling and diking work in the amount of up to $500 as recommended by the City Enginner for Mrs. Edna Rubbrt at 11328 32nd St. (Motion carried 5-0). D. Final Payment #1 to Tower Asphalt LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 4 City Engineer Bohrer reported that work on the 1986 Street Repairs (Maintenance Overlays) and City Hall Parking Lot is complete. Bohrer recommends that the City accept the work and authorize final payment to Tower Asphalt in the amount of $11,192.69. The distribution of funds is broken down as follows: 1986 Maintenance Budget $ 8,187.69 City Hall Building Fund $ 3,005.00 TOTAL PAYMENT $11,192.69 M/S/P Christ/Dunn - to approve the authorization of final payment to Tower Asphalt in the amount of $11,192.69 for work on the 1986 Street Repairs and City Hall parking lot. (Motion carried 5-0). E. 201 Program 1. Partial Payment No. 2 - Widmer, Inc. City Engineer Bohrer approval the Estimat $195,567.32. Bohrer on -site systems have M/S/P Armstrong/Dunn Inc. for $195,567.32 installed.. (Motion presented the Council for their review and e and Certificate No. 2 to Wid?jr, Inc. for reported that, as of this writing, 36% of the been installed and recommended payment. - to authorize Partial Payment No. 2 to Widmer, for 36% of the on -site systems that have been tarried 5-0). 2. Status Report on Withdrawal Requests. At the last Council meeting, the City Council was informed of the desire of Donald Mehsikomer and Eugene Siedow to withdraw from the 201 Program. City Engineer Bohrer informed the Council that about $800 in engineering costs have been incurred in Step 3 for each of these properties. This matter was directed to the City Attorney to determine ability to assess these costs. Mr. and Mrs. Frank Schiltgen 11307 30th St., have also asked to be withdrawn from the program because they upgraded their system a few years ago. When asked why they waited until the contractor was ready to start work before they notified us, they said they intended to, but just didn't get around to it. In his opinion City Attorney Knaak stated that the City can charge these costs to the identified residents. M/S/P Dunn/Armstrong - to assess the above property owners, Frank Schiltgen, Eugene Siedow, and Donald Mehsikomer who have chosen to not participate in the 201 Program for engineering costs (approximately $800). (Motion carried 4-1<Mazzara>). ( 8. PUBLIC HEARING : Variance to Allow an Advertising Sign with a Conditional Use Permit in a General Business Zone - Jamie L. Olson LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 5 Mayor Morgan opend up the public hearing at 7:33 p.m. in the City Council chambers. Jamie L. Olson wants to cosntruct an advertising sign on land that is located adjacent to the I-94 frontage road and immediately in front (south) of the vali-Hi Drive In. A similar request for a larger sign on the same site in 1985 was denied by the City Council. The proposed sign is allowed by the Lake Elmo Municipal. Code in the General Business district, which the property is currently zoned. The proposed size of the two-sided sign (10' by 20' = 200 square feet) is within the size limitations of the code. It is also within the 35 foot height limitation. A variance is needed for the sign location because the sign would be less than the minimum 3,000 foot horizontal distance that is required between advertising signs which are located on the same side of a street or highway. The location of this sign would be approximately 400 to 500 feet from where the Vali-IIi Drive In sign is located. Ms. Olson added that there is no reason that they could not agree that her sign would. not block any sign Vali-Hi were to erect. She had made a proposal to Mr. R. J. O'Neil, owner of the Vali-Hi Drive In, to build his sign below her sign with no cost to him, but he was not interested. Mr. O'Neil stated that his new sign would be off to the east of the screen. Ms. Olson referred to a letter written by her lawyer James Lammers, Stillwater, in which he stated that in his opinion she should be reasonably entitled to a variance because of the .fact that she could not put her property to any other reasonable use. As was pointed out to him, there are other non -conforming signs in the City of Lake Elmo. FINDINGS OF FACT: 1. The proposed sign appears to not exceed a 500 foot separation distance from the Vali-Hi sign, where the Lake Elmo Code requires a minimum of 3,000 feet. 2. The proposed sign does not exceed size or height limits as specified in the Lake Elmo Code. Mr. O'Neil, owner of the Vali-Hi Drive In, explained that his Attorney Brad Gunn had clearly stated at the Planning Commission meeting that the Olson's had been adequately compensated for damages to that property. Ms. Olson responded that her attorney's feelings on the basis that awards are made are assumed that the property owner may make some reasonable use of their land. Mayor Morgan clsoed the public hearing at 7:55 p.m. M/S/P Christ/Dunn - to deny a variance request from Jamie L. Olson to allow her an advertising sign with a CUP in a General Business Zone based on Lake Elmo's Municipal Code which requires 3,000 feet between signs and applicant's proposal does not meet this requirement. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 6 6. PUBLIC HEARING : Variance to Minimum Lot Size and Lake Frontage; Simple Lot Su division and Preliminary Plat, Ken Sovereign Mayor Morgan opened up the public hearing at 8:00 p.m. in the City Council chambrs. Mr. Ken Sovereign was before the City Council on 10-7-86 with a proposal to plat two lots, one of which was 1.0 acres in size and the second was 1.65 acres. At that time both lots had 125 feet of lot width at the lake, where Shoreland Regulations require 150 feet. Lot number one is part of an eleven -acre parcel. The proposal for this meeting has been modified from the 10-7-86 propoal as follows: 1. Lot number one has been increased in lot size from 1.0 acres to 1.17 acres. The Code requires 1.5 acres. 2. Lot number one lot width at the lake has been increased from 125 feet to the required 150 foot width. 3. Lot number two has been reduced in size from 1.65 acres to 1.55 acres, which exceeds the 1.5 acre minimum lot size. 4. Lot number two still has a 125 foot lot width at the lake, where 150 feet is required. Mr. Sovereign stated his hardship was if he moved the lot line over it would be interfering in any future drainfield for his home and there is no other land available. Also, these are the biggest two lots on the lake. Mayor Morgan closed the public hearing at 8:24 p.m. Arlyn Christ stated it does exceed the 60% size rule and meets the average lot size. There is no other land available for an alternate drainfield and it is improving a non -conforming lot. M/S/P Morgan/Christ -• to grant a variance to the minimum lot size and lake frontage based on. Mr. Sovereign needs an alternate site for a drainfield for his existing home and it does meet the average lot size of the neighborhood. (Motion carried 5-0). M/S/P Morgan/Dunn - to give simple lot subdivision and preliminary plat approval to Ken Sovereign for a two lot plat to be known as Olson Lake Addition located in the NE quarter of the SE quarter of Section 8 and part of Government Lot 2 in Section g. (Motion carried 5-0). 7. PUBLIC HEARING : Variance for Required Parking Spaces, Landscaped Buffer Strip and Screening -Site & Building Plan Review, D.C. Sales Company, 9242 Hudson Road Mayor Morgan opened up the public hearing at 8:33 p.m. in the City Council chambers. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 7 The DC Sales Company wishes to construct a 17,000 sq.ft. addition to its building located at 9242 Hudson Boulevard. The addition will be used as a warehouse for their retail/wholesale products. The site is currently zoned Genera]. Business, and the owner has occupied the building for several years along with two tenants, White Wolf Ski Shop and BRS, Inc. The building addition will meet the expansion needs of DC Sales and the White Wolf Company. City Engineer Bohrer summarized the Variances. 1. Based on the floor space 51 parking spaces are required by code. The request is 40. Bohrer had no trouble with the proposed 40 parking spaces and felt DC Sales has shown there is a reserve for 48 more if needed. 2. A 35' landscaped buffer strip is required when a GB zone abuts a residential zone. This can be met on the east and north property line. It cannot be met on the lower east side because of the proposed in -out driveways. 3. Screening has not been shown on the site plan for the loading docks along the west side. D.C. Sales stated that screening was not planned up against the Lampert side because the loading docks will not be visible, as the Lampert building will screen the loading docks. 4. Highway Overlay District does not permit painted block as an allowable exterior finish. 5. The septic system for the existing building now will be ruined with the new addition so a new system will have to be built. It is difficult to size now because the area where the drainfield will be in the rear and extensive grading will be going on so soil tests cannot be taken. There is more than sufficient area for a septic system. Mayor Morgan closed the public hearing at 9:52 p.m. M/S/P Dunn/Mazzara - to grant a variance for a 35' landscaping buffer strip because D.C. Sales needs as much capacity for water retention as possible and if the driveway was taken from the loading dock door on the SE corner this would create a safety hardship. (Motion carried 5-0). M/S/P Mazzara/Morgan - to grant a variance for screening based on the Lampert building being right on the property line. (Motion carried 5-0). M/S/P Christ/Mazzara - to grant a variance for painted block because the existing building is already painted block. (Motion carried 5-0). D.C. Sales will furnish to the Building Inspector the cost estimate on the landscaping based on the estimated construction cost. 8. PUBLIC HEARING : Variance to Size of Accessory Structure in LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 8 the Rural Residential Zone -Steve Pott, 4212 Lake Elmo Ave. N. Mayor Morgan opened up the public hearing at 9:06 in the City Council chambers. Steve Pott owns 17 acres and wishes to construct an accessory structure in the Rural Residential zoning district. The proposed building would be 3,168 sq.ft. in size, whereas the City ordinance allows a maximum of 2,000 sq.ft. The proposed 500 sq.ft. lean -two will be for storage of hay and the animals. Rose Armstrong looked up the RR zoning code (301.070.D2) and found the chart stated that in 5-10 acres a 1,000 sq.ft. accessory building is allowed, 10+ acres 2,000 sq.ft. is allowed. She felt the intention of the ordinance is if you have more than 10 acres in RR you could have a building size according to the size of your lot. Armstrong suggested that the Planning Commission put this on their work plan. City Attorney Knaak stated that on 17 acres, Steve Pott would be allowed 4 cow equivalents. Mayor Morgan closed the public hearing at 9:12 p.m. M/S/P Morgan/Christ - to grant a, variance for the size of an accessory structure in the RR zone to Steve Pott at 4212 Lake Elmo Avenue. (Motion carried 5-0). 9• CITY ADMINISTRATOR'S REPORT A. Interim Ordinance to Adopt 1986 Comprehensive Plan Mayor. Morgan read into record letters received on the proposed Comprehensive Plan from Dayton -Hudson Dev., J.R. Stockstead, Briggs and Morgan and the Northland Company. M/S/P Morgan/Dunn - to adopt Ordinance No. 07984 adopting an amended Comprehensive Land Use Plan for an Interim Six Month Period.. (Motion carried 5-0). The purpose of the interim nature of this ordinance is to permit required review and comment by other planning bodies as required by law. B. Approval of Zoning Ordinance Amendments & Rezonings 1. Deletion of mining as a conditional use in the Agricultural zoning district: The Planning Commission became aware of the interest by the Shi.ely Company in possible purchase of a large tract of land owned by Dayton -Hudson Corporation for use as a sand/gravel mining operation. The Planning Commission decided that they did not want to allow any more sand/gravel mining operations in Lake Elmo. Accordingly, they recommended the deletion of mining as a conditional use in the Ag zoning district. The existing mining operations (Hammes and Shafer) LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 9 would continue to operate as nonconforming uses, with their Conditional Use Permits nhich are renewed each year by the City. M/S/P Dunn/Morgan - to adopt ordinance no. 079983 amending Section 301.070D.1 deleting mining as a conditional use in the Agricultural zoning district. (Motion carried 5-0). 2. Addition of alternative uses in the Agricultural zoning district. M/S/P Dunn/Christ - to adopt ordinance 07983 amending Section 301.070D.1. by adding alternative uses in the Agricultural zoning district. (Motion carried 4-1<Mazzara>). 3. Modifications of lot dimensions, change in transfer of housing density, and change in Cluster Development lot size in the Rural Residential zoning district. M/S/P Armstrong/Morgan - to adopt ordinance no. 07979 amending Section 301.070 D. 2.. c. Minimum District Requirements to require rectangular lot shapes and 4:1 ratio for any two sides. (Motion carried 5-0). M/S/P Dunn/Armstrong - to adopt ordinance no. 07980 amending Section 301.070 D. 2. e. Cluster Development section of the Rural Residential zoning district to eliminate the transfer of housing densities between 140-acre parcels (or parts thereof); and to require a minimum of 21 acres for a Cluster Development; and to allow not more than 4 units per 40 acres; and to require that each cluster lot be at least 5 acres in size and not more than 7 acres in size, except for the remaining large lot. (Motion passed 4-1<Mazzara>). 4. Modification of the Industrial Park zoning district to limit the permitted uses to those areas already zoned industrial. The City Council preferred the alternative of elimina.tiq'q the district and putting existing industrial uses into General Business zoning with Conditional Use Permits. This will have to be approved in a future public hearing process. M/S/P Dunn/Morgan - to extend the City Council meeting to 10:35 p.m. (Motion carried 5-0). 5. Modification of the Public zoning district to create a new Public Parks & Open Space district and a new Public Facilities & Quasi -Public Uses district. M/S/P Armstrong/Morgan - to adopt ordinance no. 7891 amending Section 301.070 D.11 creating a new P-Public Parks and Open Spaces and to adopt ordinance no. 7982 amending Section 301.070 D. creating a new PF-Public Facilities and Quasi -Public Uses. (Motion carried 5-0). 6. Rezoning of selected parcels as indicated by the revised zoning district map of 10-20-86. (a) Rezoning from RR to Ag - Land south of TH 5, north of Eden Park/Downs Lake, and east of the Old Village. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 10 M/S/P Christ/Mazzara - to reject the proposed rezoning from RR to AG Land south of TH 5, north of Eden park/Downs Lake and east of the Old Village. (Motion carried 5-0). (b) Rezoning of 37 acres of R-1 land to Ag west of Tartan Meadows. M/S/P Christ/Armstrong - to reject the proposed rezoning of 37 acres west of Tartan Meadows from R-1 to Ag. (Motion carried 5-0). (c) Rezoning of 79 acres from RR to Ag on 10th Street. M/S/P Morgan/Dunn - to adopt ordinance no. 7985 Section 301.070C rezoning McNamara's 79 acres on loth Street from RR to Ag. (Motion carried 5-0). (d). Rezoning of RR land owned by Dayton -Hudson and others to Ag. M/S/P Chrst/Morgan - to reject the proposed rezoning of Dayton -Hudson land and other from RR to Ag. (Motion carried 4-1<Dunn: This would be setting people up>). (e). Rezoning of R-1 land to Rural Residential, west side of Jamaca Avenue (parcel number 2550). M/S/P Dunn/Morgan - to reject the proposed rezoning of R-1 land west side of Jamaca Avenue (parcel number 2550) to Rural Residential. (Motion carried 5-0). M/S/P Morgan/Dunn - to extend the City Council meeting to 11:15 p.m. (Motion carried 5-0). (f). Rezoning from RR to Agricultural, land located immediately south of the old contaminated county landfill. M/S/P Dunn/Armstrong - to adopt ordinance no. 07988 Nippoldt and. ordinance no. 07987 Richert rezoning land located immediately south of the old contaminated county landfill from RR to Ag. (Motion carried 5-0). 7. Recission of the Interstate Corridor Overlay District The Planning Commission recommended elimination of this overlay district, although there were some members who wanted to keep it and improve.upon it. The concern of the majority of members included the vagueness of the language, the fact that developers could proceed with their project once they had. met these performance standards and the opinion that the overlay district itself was an invitation or encouragement for development along I-94. City Administrator Overby stated that both he and the City Attorney ( feel that there is and will continue to be a need for some type of additional land use/development controls allowing the I-94 corridor, and that it would be better to retain and improve the existing overlay district rather than completely eliminating it. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 18, 1986 PAGE 11 M/S/P Morgan/Dunn - to reject the recission of the Interstate Corridor Overlay District and to allow the City Attorney to strengthen the language. (Motion carried 5-0). C. Washington County Solid Waste Management Master Plan City Administrator Overby has reviewed the October 1986 draft of the Washington County Solid Waste Management Master Plan and outlined points of information or concerns that could be the basis of a comment letter to Washington County. M/S/P Armstrong/Christ - to direct the City Administrator to write a letter to Washington County stating the City's concerns on the proposed landfill site. (Motion carried 5-0). D. Canvas Results of 1986 Election There was a total of 3327 persons registered prior to election day (1658 in precinct I and 1669 in precinct II). 249 persons registered on election day (132 in precinct I and 117 in precinct II). There was a total of 1946 persons actually voting on election day (909 in precinct I which includes 18 absentee votes, and 1037 in precinct II which includes 21 absentee votes). For the office of Mayor there was a total of 731 undervotes (votes not counted in the computer). There was 405 write-in votes which means that 336 voters choose not to vote for mayor. For the City Council, there was a total of 30 overvotes (Voters who voted for more than 2 candidates and therefore invalidated their vote for this office), and 338 undervotes. There were no write-in votes for City Council. Out of a possible 3892 votes that could have been cast for city council, 3517 votes were actually cast. This leaves a balance of 375 votes that were not cast for a city council candidate. (See Appendix A for Tally Sheet) M/S/P Dunn/Morgan - to approve the 1986 local City election returns as presented. (Motion carried 5-0). M/S/P Dunn/Morgan - to adjourn the City Council meeting at 11:20 p.m. (Motion carried 5-0).