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HomeMy WebLinkAbout12-16-86 CCMLAKE ELMO CITY COUNCIL MINUTES DECEMBER 16, 1986 Mayor Morgan called the City Council meeting to order at 7:03 p.m. in the City Council Chambers. Present: Morgan, Armstrong, Dunn, Mazzara, City Engineer Bohrer, City Attorney Knaak, and City Administrative Overby. Absent: Christ 1. Agenda, Delete: 4A. Request for Rezoning from Rural Residential to Industrial by Joseph. D. Rogers. M/S/P Dunn/Armstrong - to approve the Agenda for the December 16, 1986 City Council meeting as amended.. (Motion carried 4-0). 2. A. Minutes: November 18, 1986 M/S/P Dunn/Morgan - to approve the November 18, 1986 City Council minutes as amended. (Motion carried 4-0). B. Minutes: December 2, 1986 M/S/P Mazzara/Dunn - to approve the December 2, 1986 City Council minutes as amended.. (Motion carried 4-0). 3. Claims M/S/P Mazzara/Armstrong - to approve the December 16, 1986 claims #88132 thru #88198 as presented. (Motion carried 4--0). 4. PLANNING, LAND USE AND ZONING A. Request for Rezoning from Rural Residential to Industrial: Joseph D. Rogers City Administrator Overby received a request to postpone Council consideration of this request until the January 20, 1987 City Council meeting. B. Request for Alternative Conditional Use Permit: Thomas G. Armstrong,, 8291 15th Street Mr. Thomas G. Armstrong is applying for a Conditional Use Permit under the new Alternate Uses section of the Agricultural zoning district to allow the operation of an existing storage business (indoor and outdoor), and to allow for the future construction of two additional agricultural farm style buildings for storage use, to be located in the areas designated on the site plan for the ( CUP. The proposed CUP would apply to the entire 254.6 acres of agricultural land owned by Mr. Armstrong. The area of the LAKE ELMO CITY COUNCIL MINUTEES DECEMBER 16, 1986 PAGE 2 proposed alternate use "shall not exceed six acres and shall be within the approximate general limits of the attached site plan". Mr. Armstrong passed out the Proposed Conditions for his Conditional Use Permit which was approved by the Planning Commission except for an addition on Item #4 "The landowner shall not construct more than two additional agricultural farm -style buildings not to exceed 15,000 square feet each ,..." (See Appendix 4. Also presented were letters written by Nancy Aderman, John E. Walsh stating their approval of storage buildings on Agricultural land. A listing of Proposed Additional Findings - Armstrong CUP was handed out to the City Council. The Planning Commission recommended approval by the City Council to grant the Conditional Use Permit allowing Thomas G. Armstrong to operate an existing ip)door and outdoor storage business on 6 acres of agriculturally zoned land, and to allow the future construction of one additional agricultural style bulding not to exceed 15,000 square feet, for storage use as specified in the CUP. The Commission heard the concept of two buildings and were not opposed to it, but they felt that giving one building and. the CUP was more appropriate for now. Councilman Dunn felt since storage is an acceptable Alternate Use in Ag zoning with a CUPjwe should not try to discourage buildings, but rather to encourage the use of storage buildings. He would rather see storage inside than outside as in the Turkey Farm on Highway 5 which is an unsitely mess. This will start a precedent for future use of Ag land for storage. Dunn suggested the possibility of looking at mandatory inside storage for this type of use. Mayor Morgan stated he was in favor of this request because he felt the Planning Commission had worked this topic over, it keeps the rural nature we want to preserve and is a good alternate use of agricultural land as long as it isn't obtrusive or becomes a nuisance. He agreed with Councilman Dunn that outside storage is not appealing and would rather see inside storage. City Attorney Knaak suggested approval of one building to the Planning Commission because with a CUP it provides some measure of control by the City over the use of these buildings was to do it Incrementally. Councilman Mazzara felt that a CUP is a proper way to control it. He does have a problem with approving two buildings at this time based on the Planning Commissions recommendation and the input heard at the Public Hearing. M/S/P Dunn/Morgan - to approve a request for a Conditional Use Permit, with modification of Item #11 to include two additional buildings not to exceed 15,000 square feet. Ji'ire-reaanarr-for—tire adc� #�-i-ona3--btf #3e�-i-rigs--o-ve�-�krat--Liae--P3-anrri.-rrg-Etxmn§ ssL-on-�ceremicmd�d ice-based-orr eli- ftem=a-skorrld-be strrreet-irrs#de. (Motion carried 2-1-1<Mazzara; Abstain: Armstrong>). (Amended 1-6-87) LAKE ELMO CITY COUNCIL MINUTEES DECEMBER 16, 1986 PAGE 3 C. Comprehensive Sewer Plan Amendments: City of Oakdale The purpose of the amendment to the Oakdale Comprehensive Plan is to update the plan to the year 2000. The City reviewed a similar plan amendment in February of 1986. One change since the February 1986 review is that Oakdale has taken out sewer districts 18 and 19 (see attached Comprehensive Sanitary Sewer Plan map). This area has now been removed from their request for MUSA line extension. The City Engineer feels that the previously planned rapid development in that area which could have forced premature sewer extensions through Lake Elmo to service that area of Oakdale. Oakdale does not intend to provide sewer to this area before the year 2000. A second concern is Oakdale's request for an extension of their MUSA. line to include sewer district 12A, generally that area east of I-694 and between 40th. Street and the Chicago & Northwestern RR tracks (excluding the Zycad development). Oakdale plans to serve this area through its own sewer system, and no connection through Lake Elmo would be needed at this time. However, Oakdale would like to connect service district 12A to a sewer line in Lake Elmo, if a. line should become available there. This potential impact on metropolitan sewer services would be beyond the year 2000 planning period, since Lake Elmo has not indicated any intention to provide such service to its west -central end of the community. If a request was made by Oakdale to extend sewer service through Lake Elmo prior to the year 2000, it would be totally inconsistent with the Lake Elmo Comprehensive Sewer Plan. A third concern is Oakdale's desire to route sewage flow from district 13 (between Eagle Point School ad loth Street) through a connection to new pipes to be installed, in Section 32 of Lake Elmo. The Lake Elmo Comprehensive Sewer Plan indicates that this is feasible, if Oakdale wants to pay the additional pipe costs. However, the related question is the fact that the City of Lake Elmo has declined to make any commitment towards construction of any sewer, water or storm drainage facilities in Sections 32-33 until development projects in that area show that the service is warranted, and that the City agrees with the proposed system design, location and financing methods. This City policy indicates that Oakdale should not expect to get consideration or approval of a sewer pipe connection through Lake Elmo until after the City of Lake Elmo has decided that installation of sewer pipe up to loth Street (the proposed connection point) is warranted. Pressure to get sewer pipe extended through Section 32 to loth Street ahead of the City's approval would be inconsistent with the Lake Elmo Comprehensive Sewer Plan and would potentially affect metropolitan systems. (The City of Oakdale indicates on page iii of their worksheet that metro systems would not be potentially affected by this proposed plan amendment.) A fourth concern pointed out by the City Engineer is that the number of households forecast by Oakdale is "far in excess of LAKE ELMO CITY COUNCIL MINUTEES DECEMBER 16, 1986 PAGE 4 ( Metro Council forecasts" and discrepancies show up between projections in Oakdale's Sewer Plan and its Comprehensive Plan. (see page 2, letter of 11-26-86). It is also worth asking why Oakdale's analysis of household demand starts in the base year 1980 and, continues to the year 2000. It would seem necessary to start from the base year of 1986, when the plan amendment is requested, and subtract growth in the number of households between 1980 and 1986. This would provide a more accurate (and perhaps less inflated) representation of the projected growth in households in Oakdale between 1986 and 2000. Since the City received the Oakdale Plan amendment on 11-13-86, the City of Oakdale has decided to ask the Metro Council for permission to waive the customary 90-day review and comment period. A response from the Metro Council staff on Oakdale's review timing was not recevved in time for this mailing. The City of Oakdale made some changes to the working of their Plan amendment, and more importantly reduced the number of projected residential dwelling units in the year 2000 from 9,676 to the new figure of 6,800 dwelling units. The new figure would be closer to the Metro Council forecast of 6,500 dwelling units, but still in excess by 1.76 units. This change in the amendment would lessen one of the concerns raised by Lake Elmo in its staff review. r A second change in the Plan amendment corrected the previous Metro Coucil population and housing projections for the year 2000 to read.: 17,000 population and 6,800 households. Oakdale's employment forecast for the year 2000 of 6,500 jobs still exceeds the Metro Council's forecasts of 5,000 jobs. A final concern raised by Steve DeLapp and the Planning Commission is that Oakdale should clearly understand that "Lake Elmo has defined its MUSA line for now and forever; that the City has no intention to open up Lake Elmo for Oakdale's sewer lines through the central part of the City of Lake Elmo." The Planning Commission recommended that the staff draft a letter pointing out the above concerns to the Metro Council. M/S/P Morgan/Dunn - to authorize the City Administrator to send a letter to the Metro Council which addresses the City's concerns in regard to the Oakdale Plan amendments. (Motion carried 4--0). D. Site and Building Plan Review: Brooks Superette Addition, loth Street & Lake Elmo Avenue The owners of Brooks' Superette want to construct an addition to their existing convenience store/gasoline sales building located on the southeast corner of County Road 70 (10th Street) and County Road 17 (Lake Elmo Avenue). Mr. Ed Mackie, Scott Builders, presented a revised site plan dated 12-12-86 . This revised site plan re -arranged the configuration of the proposed addition so as to eliminate a non-comforming situation at the east wall (a 50 foot rear yard setback was LAKE ELMO CITY COUNCIL MINUTEES DECEMBER 16, 1986 PAGE 5 required, and 40 feet was originally proposed). Mr. Donald Moe, 61 Cimarron, objected to his lot rent maintaining the private roads into Cimarron that are used by the public to enter into Brooks' Superette. Mayor Morgan felt this was a matter for the homeowners to approach the Cimarron park owners and make some arrangement with Brooks' to support the streets. Morgan did not see a safety hardship from the City's view. Mr. Mackie will bring this up to the owners of Brook's Superette. M/S/P Dunn/Armstrong - to approve the site and building plan dated 1.2-12-86 for Brook's Superette Addition, 10t-h Street and Lake Elmo Avenue. (Motion carried 4-0). 5., Request for Comment on License to Upgrade Ambulance Service to Lakeview Hospital: Mike Castelluccio, 919 W. Anderson St, Stillwater Mr. Mike Castelluccio of Stillwater currently provides ambulance service to Lakeview Hospital in Stillwater. He has asked the State health Department and the Health Services Board of the Metro Council for a license to upgrade the ambulance service to provide scheduled advanced life support transportation. M/S/P Morgan/Dunn - to authorize the City Administrator to write a support letter to Mr. Mike Castelluccio for upgarding of ambulance service to Lakeview Hospital. (Motion carried 4-0). 6. CITY ENGINEER'S REPORT A. Street Light Request-: Guardian Angels Church The Guardian Angels Church has requested that the City approve installation of a standard -type street light at the intersection of Guardian Angels Avenue and 4th Street. City Engineer Bohrer indicated that there would be a $1,300 installation fee charged by Northern States Power Company in order to connect power to the requested street light. The City Engineer had informed Parish Administrator John Riehle, and he was to repsond to the City office. As of this date, no call has been received, nor was there a representative from the church attending the Council meeting. This will be placed on the City Council meeting agenda once the staff knows the church's position on the installation fee, and after adjoining property owners are notified about this request. M/S/P Armstrong/Morgan - to table the street light request by Guardian Angels Church. (Motion carried 4-0). B. Partial Payment No. 3, Widmer Inc. City Engineer Bohrer recommends approval of Estimate and Certificate No. 3 to Widmer, Inc., for $83,368.97. As of this LAKE ELMO CITY COUNCIL MINUTEES DECEMBER 16, 1986 PAGE 6 estimate, 49% of the on -site systems have been installed. M/S/P Morgan/Armstrong - to approve Partial Payment No. 3, Widmer Inc., in the amount of $83,368.97 as recommended by the City Engineer. (Motion carried 4-0). C. Part D Design Changes and Amendmmnt No. 2 City Engineer Bobrer reported that the MPCA approved the plans and specifications for Part D Off -site and. Collection Septic Systems on April 18, 1986. Since that time there have been several changes that have to be made in the plans which are itemized in his letter of December 9, 1986. In addition to the design changes and modifications to the plans and specifications, we will have to justify to the MPCA the need. for Shanley and Furseth to be added to the program and that serving them off -site is the most cost effective alternative. Bohrer will be conducting two additional soil tests on the Gorman property to confirm his assumption that Remote D and Remote G sewage can be combined and treated on the Gorman site. The total estimated additional cost for the work described is $7,000.00. In that regard, Amendment No. 2 to Step 3 Engineering Agreement is proposed. These engineering services are grant eligible at the 94% rate out of the grant contingency fund established by the MPCA. Lake Elmo's grant contingency fund is 3% of the total of all of the construciton bids. The grant contingency fund is estimated to be $42,000 based on 3% of an estimated construction cost of $1.4 million. No contingencies have been used to -date. M/S/P Morgan/Dunn - to approve the Proposed Amendment #2 to the Step 3 Engineering Agreement between the City of Lake Elmo and TKDA based on the documented plan and design changes which added to the original work estimate and cost reimbursement agreement. (Motion carried 4-0). 7. CITY ADMINISTRATOR'S REPORT A. Commemoratiive Plaque at the New City Hall Mayor Morgan suggested, two commemorative plaques installed in the entryway of the City Hall or in the Council chambers recording the date of building construction and a listing of the City Council staff. The second plaque will have the names of the volunteers who worked on the building. M/S/P Morgan/Mazzara - to approve installation of two commemoratiave plaques in the new City Hall. (Motion carried 4-0). B. Deer Crossing Signs on 10th Street LAKE ELMO CITY COUNCIL MINUTEES DECEMBER 16, 1986 PAGE 7 Mayor Morgan has noted a number of deer have been crossing 1Oth ( street lately and feels that signs may be warranted to warn drivers; particularly by the park entrance. City Engineer Bohrer suggested we contact the County because they are County roads and then the County will refer it to the DNR. C. Renewal of 1987 Intoxicating and Non -Intoxicating Liquor Licenses The following applications for renewal of the intoxicating and non -intoxicating liquor licenses for 1987. VFW: Special on sale liquor and special Sunday on -sale. Twin Points Tavern: On sale, off sale and Sunday liquor Lake Elmo Inn: On sale, off sale and Sunday liquor. Tartan Park: On sale liquor and Sunday liquor. Brooks Superette: Off sale non -intoxicating malt liquor. Cimarron Golf Course: On sale non -intoxicating malt liquor. M/S/P Dunn/Mazzara - to renew the following liquor licenses for 1987, on• -sale intoxicating malt liquor -VFW, Twin Point Tavern, Lake Elmo Inn; off -sale intoxicating malt liquor- Lake Elmo Inn, Twin Point Tavern contingent- upon a positive recommendation from the Sheriff's Department. (Motion carried 4--0). M/S/P Mazzara/Armstrong - to adjourn the City Council meeting at 9:37 pm. (Motion carried 4-0).