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HomeMy WebLinkAbout09-01-87 CCMLAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 Mayor Arlyn Christ called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Christ, Armstrong, Johnson (arrived 7:30 p.m.), Moe, Graves, City Engineer Bohrer, City Attorney Knaak and City Administrator Overby (arrived 9:00 p.m.). 1. Agenda Add: 7C. School Warning Beacon, 9. EXECUTIVE SESSION M/S/P Graves/Armstrong - to approve the agenda for the September 1, 1987 City Council meeting as amended. (Motion carried 4-0). 2. Minutes: August 18, 1987 M/S/P Graves/Armstrong - to approve the August 18, 1987 City Council minutes as amended. (see page 4, 6B. Packard Park change year 1986 to 1976). (Motion carried 3-0-1<Abstain: Graves>). 3. Claims Councilwoman Armstrong commented on Claims #89198-89200 (201 Condemnation Commissioners) that it was a goodly amount of money ($11,000+) paid to the commissioners for spending 9 hours of work. M/S/P Armstrong/Graves - to approve the September 1, 1987 Claims #89178 thru #89234 as presented. (Motion carried 4-0). 4. Landfill Committee Update Dan Novak reported that the 8' x 16' sign that they intend to erect at the park entrance is almost complete. He asked if the City would consider waiving the sign and building permit that is required and grant the four variances (setback from park, height, size, lot setback) to avoid a public hearing because they would like to install it before Labor Day. The two properties they are considering for the sign is the Lyons -Hammes property or the Ron Smith property. Councilwoman Armstrong suggested putting up for now with a smaller temporary sign and then have a public hearing scheduled for the larger sign. On Thursday, September 10th there will be an informational meeting in the Council Chambers and the Advisory Committee extended a special invitation to the City Council to attend. The meeting with Attorney Chuck Dayton will be changed from September p.FR. in the Gity G-A-unp--il chambers. Novak asked the City Council to extend their budget limit from $1500 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 2 to $2000. A Fund Raising Committee has been set up and expected to generate $1000 to $2000 in their account. The Committee would like to reserve these financial assets for big expenses such as the hydrogeoloigst and the attorney. The City Council responded that they have been impressed with the amount of work the volunteers have put in, but Councilman Graves would like to see a plan submitted by the Committee to include what expenses the Committee does foresee. The Council will look at the receipts on a case -by -case basis rather than giving them a blank check for $500. They encouraged the committee to pursue donations from the public. Leslie Davis, Earth Protector Inc., is managing a story with the Minneapolis Star and Tribune newspaper. The County has issued the Committee a two -week pass to the park to solicit signatures for their petition. 5. Public Inquiries There were no public inquiries. 6. PLANNING, LAND USE & ZONING A. PUBLIC HEARING: Robert & Mary Ellen Hosch 1. Request for Rezoning from Rural Residential to Agricultural District 2. Request for Partial Vacation of 10th St. Lane Large Lot Subdivision --Robert & Mary Ellen Hosch Mayor Arlyn Christ opened up the public hearing at 7:30 p.m. in the City Council chambers. Robert Hosch has a purchase agreement to purchase 58.1 acres of undeveloped land from the Dayton Hudson Company. The land is located on the north side of loth Street, approximately 1/4 mile west of the intersection of loth Street with County Road 19B. The property surrounds Goose Lake on three sides; the southern side of Goose Lake would still have public access via the road right-of-way on loth Street (CR70). Mr. Hosch has requested that the city vacate the portion of loth Street Lane which is located entirely on this property. If granted, the City should require that a cul-de-sac turnaround be provided at the north end of the remaining segment of 10th Street Lane. This cul-de-sac can be located entirely on the Hosch property, or an agreement would have to be reached with the property owner on the west side of road to obtain a road easement. The location of the cul-de-sac will have to be specified on the Certificate of Survey. Betty Herbert, represeting Dayton Hudson, passed out a copy of the survey of the entire property. The City staff became aware that Washington County has not turned back LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 3 this road to the City. The County public works staff will attempt to get County Board action on Tuesday 9-1-87 to approve the road turnback. Betty Herbert reported that she was told by Sally Evert that Washington County had approved giving 10th Street Lane back to the City. Herbert explained that Dayton Hudson would want any action that was taken tonight not to take effect until the Hosch's are in title. Dayton Hudson was not interested in the subdivision or rezoning, but Robert Hosch was and they had not closed on the transaction. City Engineer Bohrer reported that the 11 acre parcel is consistent with the code, being a 3:1 ratio where the code is a maximum 4:1 ratio. Bohrer reviewed the proposed subdivision which meets the dimension and frontages of our code and does not require any variances. It would be appropriate to vacate a portion of loth Street Lane now that it is the City's to vacate. The City would require a certificate of survey revised to show half of the street right-of-way on the cul-de-sac which would be 700 feet from the County Road. Mayor Christ closed the public hearing at 7:43 p.m. Councilman Graves commented that he would have a problem closing off approx. 150 yards of public access to Goose Lake that is bounded by loth Street. It was suggested to contact the DNR and also ask them if they stock the lake with bass. M/S/P Johnson/Graves - to adopt Resolution 87-45 granting a large lot subdivision to Robert and Mary Ellen Hosch for the 58.1 parcel of land described in Exhibit A into two parcels: one containing 46.9 acres and the other containing 11.2 acres; and contingent upon the applicants successfully closing on the purchase of this property; and contingent upon applicant providing a survey describing each of these two parcels. (Motion carried 5-0). M/S/P Johnson/Graves - to adopt Resolution 87-49 granting a vacation of that portion of 10th Street Lane that lies within the 58.1 parcel of land described in Exhibit A, contingent upon written approval from Washington County that it will turn back 10th Street Lane (County Road 30) to the City of Lake Elmo; and contingent upon applicant providing a road easement for a cul-de-sac at the North end of 10th Street Lane as recommended by the Lake Elmo City Engineer; and contingent upon the applicant successfully closing on the purchase of this property. (Motion carried 5-0). M/S/P Johnson/Graves - to adopt Ordinance 8005 amending Section 301.070 of the Lake Elmo Municipal Code rezoning the 46.9 acre parcel of land that was subdivided in Resolution 87-45 from Rural Residential to Agricultural; contingent upon the applicants successfully closing on the purchase of this property. (Motion carried 5-0). B. PUBLIC HEARING: David & Nancy Keane Request for Variance to Setback from Normal Ordinary High Water Mark on Lake Jane; Shoreland Permit to Allow Filling Within Floodplain. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 4 Mayor Arlyn Christ opened up the public hearing at 8:08 p.m. in the City Council chambers. The applicant wishes to place fill under and around the existing house, in order to raise the house 5 feet above the 100 year flood elevation on Lake Jane. The house is located on the NE side of Lake Jane. Two variances are needed, in order to approve the Shoreland Permit for the proposed project. 1. Variance to allow a 50 foot structure setback from the NOHW mark, where 100 feet is required. The site plan shows a 50' setback between the 922.0 NOHW elevation and the house. The distance between the corner of the garage and the 922.0 elevation is approximately 25 feet. 2. Variance to allow placement of fill within the flood plain. The applicant wants to place fill on the lot all the way to the 922.0 elevation, with tapering or sloping to that point. The 1979 Flood Insurance Rate Map shows that the Keane property is located within Zone B, between the 100 year flood boundary (with 925 elevation) and the 500 year flood boundary. These flood district boundaries and elevations will have changed, with the new NOHW of 924.0 on Lake Jane and 100 year flood elevation of 922.0. It was reported in an addendum that the DNR has not finished its review of this application, but has indicated that it probably will not approve the amount of fill that the applicants wish to put on their property. The DNR was still waiting for comments from the VBWD, Soil and Water Conservation, City of Lake Elmo and the "Fisheries" Department of the DNR. The agencies have thirty -days to comment on this application and these comments are due about September 20. Mollie Comeau of the DNR felt that what the Keanes were proposing was essentially filling in the lake bed and creating a peninsula. The DNR feels there were alternatives to what the Keanes are proposing which would not require as much fill, and it will address these issues when all comments are in (VBWD, City of Lake Elmo, Soil & Water Conservation). City Engineer Bohrer explained that three permits were necessary: VBWD, DNR (to work in beds of protected waters) and a shoreland permit. Bohrer asked if some fill could be put on Lot 10 for looks. He also suggested a silt fence be used because of the turbidity of the fine soils. A letter was received from Mr. & Mrs. Carl Paul, adjacent property owners, stating they would give full approval to whatever the Keanes need and want to do in order for the Council to approve their request. Mayor Christ closed the public hearing at 8:18 p.m. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 5 Mayor Christ stated he would give his approval for the shoreland permit and fill request because the application would not be more non -conforming, but contingent on the DNR's approval. Councilman Graves would be in favor of approving the shoreland permit and fill request; contingent on DNR approval in order to speed up the process. Councilman Johnson wished to indicate to the DNR that he heartily approved, but had two concerns: quality of fill and the conditions of the footings on the house. Twin City Testing reported that the footings were adequate. Councilwoman Armstrong applauded the Keanes for raising their home, but suggested holding off until they heard from the DNR. M/S/P Graves/Johnson - to grant the request for a variance to the setback from Normal Ordinary High Water Mark on the Lake and variance to allow the fact that filling within the Floodplain to David and Nancy Keane based on this application does not increase the non -conformity; all contingent on the approval of this variance action by the DNR. (Motion carried 4-1<Armstrong>) M/S/P Graves/Moe - to grant a shoreland permit to David and Nancy Keane for the proposed work; contingent on approval of this action by the DNR, placement of virgin fill to be verified by the Building Official and erection of a silt fence. (Motion carried 4-1<Armstrong: Keanes have a good idea, but felt they should wait for the DNR comments>). C. Request for Comprehensive Plan Amendment & Approval of Mixed -Use PUD Concept Plan -Federal Land Company M/S/P Graves/Armstrong - to take off the table the request for Comprehensive Plan Amendment and Approval of Mixed -Use PUD Concept Plan by Federal Land Company. (Motion carried 5-0). Mr. Bartholdi made a presentation on the request for a Comprehensive Plan Amendment and on the PUD General Concept Plan at the August 4, 1987 City Council meeting. He had no further comments at this meeting. Although Phase I of the project was first brought before the Council in October 1980 while the highway overlay district was in existence, it was tabled at that time. City Attorney Knaak told the council that the PUD must now be reviewed under the 1986 revised Comprehensive Plan. An amendment to the 1986 Comprehensive Plan would be necessary to grant approval. Steve DeLapp, Chairman of the Planning Commission, pointed out that it was stated by Federal Land that 165,000 cars are going past that intersection in a day. DeLapp called the MN Dept. of Transportation and found that there were 40,000 cars that go past Intersection 19 which makes a 4-1 difference in volume. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 6 Mayor Christ spoke in support of the Planning Commission's recommendation for denial and the city staff's findings of fact and called the proposal an inappropriate high density use that is not consistent with our rural character and well beyond the boundaries of the metro area at this point in time. Councilwoman Armstrong has read the minutes of the City Council meetings and the Planning Commission meetings and feels this is inappropriate for our Comprehensive Plan and for the plans of the City. Armstrong did not recall any map showing quarter sections that would be Business along the highway. Councilman Johnson explained this would be an appropriate development if indeed the metropolitan sewer were extended to this facility, which it is not. Even though the proposal included a plan for on -site sewer treatment, the city could still be held liable if problems surface. Any necessary remedial measure for such facilities are, as a rule, the city's responsibility, Johnson quoted from a letter from Barbara Senness of the Metropolitan Council. Councilman Graves admitted he had concerns about details of the project, but felt we were putting the cart before the horse since Federal Land Company seems willing to work with the City. The Council should first decide whether to allow PUD in the area and then modify the project as necessary before proceeding to the next step. Councilman Moe was in favor of amending the Comprehensive Plan for a PUD and would be willing to work with Federal Land to come up with something that is agreeable with the City. M/S/F Moe/Graves - to approve the request by Federal Land Company for a Planned Unit Development for a Comprehensive Plan Amendment for a General Concept Plan for a Mixed Use PUD at the NW Corner of Co. Rd.19B and I-94. (Motion failed 2-3<Armstrong, Johnson, Christ>). M/S/P Armstrong/Johnson - to adopt Resolution 87-46 for denial of the amendment to the 1986 Comprehensive Plan to allow a PUD future land use at the Federal Land Company Site based on the 11 Findings of Fact prepared by the City Staff which proved the incompatibility of this proposal with our Comprehensive Plan and based on the recommendation by the Planning and Zoning Commission. (Motion carried 3-2<Graves,Moe>). D. Final Plat--Springborn Green Acres 2nd Addition This request is for Final Plat approval of an 11-lot subdivision located north of Lake Jane, on a temporary cul-de-sac off of Jamaca Blvd. N. The Planning Commission reviewed the Preliminary Plat on 4-27-87 and , contingent upon the conditions in the City Engineer's review letter and to look at an urban street versus a rural street. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 7 The City Council approved the Preliminary Plat on 6-2-87 "as presented; subject to the lot lines being moved 50 feet to the north in order to get one acre for septic system on one lot". The Planning Commission voted on 8-24-87 to recommend that the City Council approve the Final Plat, subject to including the road easement for the temporary cul-de-sac. City Engineer Bohrer's final plat review, dated August 24, 1987 to the Planning Commission stated that the final plat has been reviewed for conformance to the approved preliminary plat and the City Code. Lot 1, Block 1 was increased in size so that it meets the code requirement for drainfield area. The developer proposed to furnish the city with permanent road easements sufficient for the temporary cul-de-sac at the south end of Isle Avenue. This method adequately protects the city's interest in the cul-de-sac. M/S/P Moe/Graves - to adopt Resolution 87-47 approving the Final Plat for Springborn's Green Acres 2nd Addition, subject to inclusion of the easement for the temporary cul-de-sac on the plat map; contingent upon the applicant conforming to the recommendations of the City Engineer, which may include, but not be limited to applicant entering into a developers agreement with the City, park dedication fee in the amount of $250 per lot. (Motion carried 5-0). E. Final Plat --Lake Jane Highlands This request is for Final Plat approval of an 8-lot subdivision located NE of Lake Jane, on a cul-de-sac off Lake Jane Court. The Planning Commission reviewed the Preliminary Plat on 1-26-87 and again on 2-9-87. Approval by the City Council was recommended, "contingent upon the correction of the safety problems that exist upon the hill on Jane Court North by whatever means the City Council feels necessary with a recommendation to extend Lake Jane Court to 45th or 47th Street and contingent on the approval of the drainage requirements by the VBWD". The Planning Commission voted on 8-24-87 to recommend that the City Council not approve Lake Jane Highlands at this time due to the safety problem which exists has not been properly addressed and that street sanding alone was not sufficient. City Engineer Bohrer reported in his Final Plat Review that Lake Jane Highlands is in conformance with the City's platting requirements in a letter dated August 24, 1987 to the Planning Commission. He added the following request should be added to conform to the City Platting requirements. 1. All lot corners shall be placed and shall be shown on the final plat. The submitted plat only shows the block corners. 2. Lot sizes, to the hundredth of an acre, shall be shown on the final plat. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 8 M/S/P Graves/Moe - to adopt Resolution 87-48 granting final plat approval to Lake Jane Highlands; contingent upon the applicant conforming to the recommendations of the City Engineer, which may include, but not be limited to applicant entering into a developer's agreement with the City, park dedication fee in the amount of $250 per lot. (Motion carried 4-1<Johnson: has a problem with the street situation and is open for suggestions as to what can be done>). The City Administrator and City Attorney will proceed with changes of the ordinance for word change from "approved" to "reviewed" for Final Plats by the Planning Commission. F. Preliminary Plat --Packard Park 2nd Addition M/S/P Graves/Moe - to take off the table the Preliminary Plat --Packard Park 2nd Addition. (Motion carried 5-0). This Preliminary Plat was discussed at the August 8, 1987 City Council meeting. The City staff advised the City Council that the proposed subdivision meets all City code requirements. Residents from the Eden Park/Legion Avenue neighborhood were present to comment on their existing high water problem with the pond behind the homes on Legion Avenue. The City Engineer was directed to "make an assessment" of the water problem on Legion Avenue /Eden Park Pond and report back to the City Council. On September 1, 1987 City Engineer Bohrer made a field inspection to determine the elevations of the lowest structures along the west sde of Eden Park Pond. In his report dated September 1, 1987 to the City Council Bohrer has attached a table which shows the results of the investigation. Bohrer believed the biggest threat to Eden Park homeowners will not be from Packard Park run-off, but rather from nearby Downs Lake. That lake has a 100 year flood level of 894 which was calculated by the VBWD. Ann Bucheck, 2301 Legion Avenue N., spoke for the adjoining landowners who believe the preliminary plat for Packard Park should be denied. See Appendix A. Linda Voge, 2257 Legion Avenue, pointed out that she was told by the VBWD that she was prohibited from going on the 509 Plan. The City Engineer will look into VBWD including Downs Lake in their 509 Plan. M/S/P Moe/Graves - to approve the preliminary plat for Packard Park 2nd addition, subject to the City Engineer's conditions as listed in his letter of 8-7-87. (Motion carried 4-1<Armstrong: the cul-de-sac is not the proper length, the entire property has not been rezoned as yet, and the ponding should be on the proposal before them>). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 9 G. General Business Ordinance Amendment Ed Gorman, owner of the White Hat restaurant, stated he did not want to operate the proposed bakery with a conditional use permit because it would not be possible for him to get a construction loan. He also maintained that the bakery was not a manufacturing operation, and, therefore, should be allowed. He said that manufacturing means "to make by hand" which he does now by making his soup and buns. Gorman also stated the City did not have control over whether his bakery goods sold at wholesale. If someone comes in and buys a dozen sandwiches then turns around and sell them at a higher price, this is wholesaleing which he has no control over. He intends to use the bakery goods in the Lake Elmo restaurants as well as his White Hat restaurant in St. Paul, and then he would sell them, retail at the St. Paul site. Mayor Christ and Councilmembers Graves, and Moe agreed with Mr. Gorman in amending the General Business zoning ordinance rather than issuing a CUP. Johnson felt a bakery is a retail operation and should be under General Business. He saw catering as being unobtrusive. The only problem is when a operation goes beyond retail and affects the City. Councilwoman Armstrong favored a CUP and asked Mr. Gorman what he had to fear from using a CUP. City Attorney Knaak explained his concerns that were stated in his previous letter are still there, but if this is what the City Council wants to do, this is way to do it by a General Busining zoning amendment. Knaak added the wording "and catering incidental to a restaurant" in the General Business zoning amendment. Councilmember Johnson wanted to table action because he felt the council would be acting too hastily and asked to see the ordinance at the next meeting. M/S/ Graves/Moe - to amend Section 301.070 D.7 of the Lake Elmo Municipal Code to include (1)(t.) Restaurants, restaurants with supporting and incidental retail sales bakery operation, and catering incidental to a restaurant. M/S/P Johnson/Armstrong - to table the motion for a General Business ordinance amendment for further discussion until the next meeting. (Motion carried 4-1<Moe>). Mayor Christ explained that he voted in favor of tabling, even though he supported the amendment, because he sensed that a vote on the amendment would not have passed. 7. CITY ENGINEER'S REPORT A. Permit for Work in Protected Waters (Eagle Point Lake) --Valley Branch Watershed District The —wator-shed— isriet wants te-pepaee—a 2-4" eulvert at the —ell earthern dam on Eagle Point Lake with a 73" concrete pipe arch culvert. Washington County wants to maintain the trail crossing at LAKE ELMO CITY COUNCIL MINUTES this location, via the new culvert. the work. SEPTEMBER 1, 1987 PAGE 10 The watershed district will do M/S/P Armstrong/Graves - to approve the permit application from the VBWD for work in protected waters of Eagle Point Lake to replace an existing culvert with a larger culvert. (Motion carried 5-0). B. 201 Program --Grant Amendment Meeting Update On August 17, 1987 a meeting was held with MPCA staff to work out the remaining items necessary to award Part D construction contract and amend the grant. Award of Construction Contract for Part D Work City Engineer Bohrer reported that the city has now received permission from the MPCA to award the construction contract for Part D work to the lowest responsive responsible bidder, Lake Area Utility Contracting, Inc., for $579,027.00. M/S/P Graves/Armstrong - to adopt Resolution 87-49 awarding the construction contract for Part D work to the lowest responsive responsible bidder, Lake Area Utility Contracting, Inc. for $579,027.00. (Motion carried 5-0). Approve Amendment No. 3 to Engineering Agreement to Cover Work on "Emergency Holding Tanks" Prior to the award of contract for Parts A, B, C and D, four septic systems became inoperable, requiring the installation of emergency holding tanks. The engineering work necesssary to bid this work out separately and inspect the work amounted to $4,211. This work is grant eligible if included in the engineering agreement by amendment. The amendment also extends the engineering agreement to agree with the revised project schedule. The City Council asked City Engineer Bohrer to update Dennis LaCroix, Twin Point Tavern of his options under Part D. M/S/P Graves/Armstrong - to approve amendment No. 3 to the Engineering Agreement for engineering work necessary to bid this work out separately and inspect the work amounted to $4,211. (Motion carried 5-0). Revised Project Schedule and Budqet Period Extension City Engineer Bohrer provided a revised project schedule which will be submitted to the MPCA. 8. CITY ADMINISTRATOR'S REPORT A. Nominations for VBWD Board Vacancies City Administrator Overby will contact Al Dornfeld and Dick Murray to see if they are interested in the VBWD nomination. The vacancies will LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 1, 1987 PAGE 11 be published in the Lake Elmo Newsletter for anyone interested to contact the City office. The top three names will be submitted. B. Update on the School Beacon City Administrator Overby reported that he met with School District 834 and the MnDOT staff. The School District would take care of the bids and the paperwork. The City and the School District will each pay their 50 percent of the expenses. M/S/P Graves/Armstrong - to adjourn the City Council meeting at 11:21 p.m. (Motion carried 5-0). APPENDIX A Ann Bucheck, 2301 Legion Avenue North, read the following statement at the September 1, 1987 City Council meeting. We, the adjoining landowners, believe the preliminary plat for Packard Park 2nd Addition should be denied for a number of reasons. 1. Lake Elmo City Code 401-240 Point 2E states that a preliminary plat needs to contain the location and size of "culvert" or other underground facilities within the tract and the distance of 350 feet beyond the tract". The preliminary plat that has been submitted does not contain a culvert on Legion Avenue that empties into Voge's property. This culvert brings runoff from Peltier's down to Legion Pond and is significant to the development and the impending problems the development could produce. The plat needs to be properly drawn. 2. Lake Elmo code 401-380B stated taht "cul-de-sacs shall not be longer than 800 feet" and the one for Packard Park is 900 feet long. The developer has stated that he will not put the proposed street through as drawn if the remainder of his land continues to be zoned RR. We, nor the developer has a crystal ball and it cannot predict the future of zoning. We must accept the present zoning and ask for a cul-de-sac of 800 feet to meet Lake Elmo code. 3. Lake Elmo code 401.220 B3 point C states that "provision for surface water disposal, drainage and flood control within the boundaries of the proposed property division" should be in the proposed design feature. Packard Park does not meet this code as the ponding area is outside of that area which is being developed. 4. It has been stated in the past that the ponding has been placed on the south side of Mr. Peltier's property and outside his development because "water runs downhill". We have a geat deal of fear that this is true and if the ponding is allowed to be placed in its present location the rainwater seepage, drainfield water, and runoff will seek the lowest point and add to the flooding that Durands and Legion Pond have at this time. To avoid future problems we feel the ponding area needs to be moved to the north and onto the 2nd addition. 5. Mr. Bohrer feels that a pond needs to be built which will trap a volumn of additional runoff generated by a 6-inch rainfall. We do not feel this is sufficient due to the record amount of rainfall we have had in the last 10 years --including the one the end of July. 6. We are worried about the safety and welfare of those individuals who will be moving into Packard Park and those who live on Legion Avenue. The street, Legion Avenue, does not meet code, was built in the flood plain and at some point will be under water. If these residents need a safety vehicle the travel time will be iIIULedbed and that time could mean the difference between life and death. 7. If the development is allowed, we ask the city what responsibility and obligation will the city have for the Durands and those homeowners in Eden Park whose homes and drainfields could be flooded. Will the City only allow 1 or 2 homes to be built each year so that the water on Durands property and Eden Park Pond can be monitored for contamination coming from Packard Park? Will the city monitor Eden Park and Durand's pond and if the water rises and indicating that the water is coming from Packard Park will they stop all future building? If the city acts now, it could prevent another Legion Pond! 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 SEPTEMBER 1, 1987 7:00 p.m. MEETING CONVENES 1. Agenda 2. Minutes: August 18, 1987 3. Claims 7:05 p.m. 4. Landfill Committee Update 7:15 p.m. 5. Public Inquiries (If none, then other non -hearing items may be discussed at this time.) 6. PLANNING, LAND USE & ZONING 7:30 p.m. A. PUBLIC HEARING: Robert & Mary Ellen Hosch 1. Request for Rezoning from Rural Residential to Agricultural District 2. Request for Partial Vacation of 10th St. Lane Large Lot Subdivision --Robert & Mary Ellen Hosch 8:00 p.m. B. PUBLIC HEARING: David & Nancy Keane Request for Variance to Setback from Normal Ordinanry High Water Mark on Lake Jane; Shoreland Permit to Allow Filling Within Floodplain. 8:30 p.m. C. Request for Comprehensive Plan Amendment & Approval of Mixed -Use PUD Concept Plan - Federal Land Company 9:00 p.m.- - - - - - - - - - -B R E A K- - - - - - - - - - - - 9:05 p.m. D. Final Plat -- Springborn Green Acres 2nd Addition E. Final Plat -- Lake Jane Highlands 9:15 p.m. F. Preliminary Plat -- Packard Park 2nd Addition G. General Business Ordinance Amendment 7. CITY ENGINEER'S REPORT A. Permit for Work in Protected Waters (Eagle Point Lake) --Valley Branch Watershed District B. 201 Program --Grant Amendment Meeting Update 8. CITY ADMINISTRATOR'S REPORT A. Nominations for VBWD Board Vacancies 9. Adjourn