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HomeMy WebLinkAbout10-20-87 CCMLAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 1987 Acting Mayor Rose Armstrong called the City Council meeting to order at 7:00 p.m. in the City Council Chambers. Present: Armstrong, Johnson, Graves, Moe, City Engineer Bohrer and City Administrator Overby. Absent: Christ 1. Agenda M/S/P Graves/Moe - to approve the October 20, 1987 City Council agenda as presented. (Motion carried 4-0). 2. Minutes: October 6, 1987 M/S/P Johnson/Moe - to approve the October 6, 1987 City Council minutes as amended. (See page 6, 6. Valley Branch Watershed District Pumping Project; Page 8, Section 32 & 33) (Motion carried 4-0). 3. Claims City Administrator Overby asked for approval of 201 Program expenses for $12,200+ accrued interest to Ed Gorman and approval of $7,300+ accrued interest to Mike Severin which have to be paid by October 26th. M/S/P Graves/Moe - to approve the October 20th, 1987 City Council claims #89354 thru #89408 as amended. (Motion carried 4-0). 4. Landfill Update A. Legal and Engineering Needs for Landfill EIS Todd Williams reported that the County has issued a draft EAW scoping document. The Committee will discuss this draft and submit their comments to the County by October 28th. A REAPP (Recycle and Preserve Parks) financial summary of finances was turned into the City Council. Copying, City engineering or City attorney expenses were not included. Todd Williams explained that Leslie Davis of Earth Protectors, Inc. has supplied the committee with many articles about characteristics of incinerator ash, tests that have been done, and articles on landfilling practices in other areas of the country and recycling. The committee definitely feels they are getting their monies worth. Each councilmember had been contacted individually by Todd Williams and Dan Novak regarding hiring Chuck Dayton to do an investigation of the Gevenants, federal and state monies that were ased fur the Palk and an accounting of what other legal options are available to fight the landfill. Todd added that the Committee was disappointed that City Attorney Knaak did not have his input on the information gathered LAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 1987 PAGE 2 so far, as he had promised to have it in on Friday so they would have time to look at it. Also, the City Attorney was asked to respond to Chuck Dayton's comments at the Special Meeting. These comments were not in Knaak's letter that was handed out. Todd thought the whole idea was to find out what Chuck Dayton would offer and at what cost versus what City Attorney Knaak could offer. Todd asked the City Council to approve the expenditure of $1000 to hire Chuck Dayton to do the work on the covenants, state and federal monies and the legal options available. If it came to the point when Attorney Dayton needed a couple of $100, the committee would fund it out of their meager treasury. Councilwoman Armstrong was in favor of hiring Chuck Dayton who is eminently qualified, but would like to see the City Council spend up to $900 and the Citizen committee spend $100. Her reasoning for REAPP paying some of this was it showed that there was some citizen input into this money. Wyn John, President of the Tri-Lakes Association, supported the efforts to fight the landfill in the Regional Park. As far as finances, he has not been able to get an official quorum together to obtain a proper decision on the amount to be allocated, but this will be decided at the next meeting (in two weeks). Councilman Graves felt the City should proceed with some sort of legal assessment of what our options are. Graves would be in favor of the City spending up to $1000 for this. He did encourage them to request, as a result of this analysis, that they clearly define what the legal options are, when they should be exercised, what they would assess as the probability of success in pursuing this and their best estimation of what the legal expenses incurred would be to pursue each option. In regard to the conflict of interest that Attorney Dayton has with the City in that he is representing the Sunfish Lake residents in litigation against the City, Councilman Johnson asked for an amendment to the motion that a satisfactory release must be obtained both by the City and the Sunfish Lake residents. Councilman Graves asked for City Attorney Knaak to check into the legalities of the City giving money to REAPP for hiring Attorney Dayton to work for them. City Administrator Overby commented that it should be construed that the City is hiring Mr. Dayton and he report to the City Council. Graves added that he did not want it to be presumed that because he is supporting the allocation of $1000 that he would "carte blanche" support the expenditures of $100,000-$200,000. These questions will be looked at as they come up . Todd Williams stated that Fritz had agreed at their meeting last week that it was important for the City to retain an engineering firm to monitor the EIS and Todd was disappointed there was nothing in his letter suggesting an engineering firm. M/S/P Moe/Graves - to approve spending up to $1000 to hire attorney Charles Dayton to do a preliminary assessment of the legal issues and strategy alternatives for the City in regard to Site G and the EIS LAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 1987 PAGE 3 with REAPP covering expenses incurred over the approved $1000; and with regard to the conflict of interest between the Sunfish Lake residents and the City being resolved. (Motion carried 4-0). B. City Staff Comments on Draft Scoping EAW The City received one copy of the draft "Site G Washington County Landfill Siting EAW" on October 7th. The City Staff requested 7 more copies of the draft EAW for the City Council, City Attorney and City Engineer. These copies were provided by Washington County on October 14th. Due to the late date of receipt of the EAW copies, the City Administrator handed out informal comments made by himself and the City Engineer on the Draft Scoping. A comment letter written by City Attorney Knaak was also handed out The Staff suggested that Councilmembers briefly skim through their copies to gain some familiarity with the content. Comments on the Draft Scoping EAW will be provided to councilmembers once it is typed. M/S/P Graves/Johnson - to authorize the City staff to formally comment on the draft Site G Landfill Siting EAW in a letter to Washington County. (Motion carried 4-0). 5. PLANNING, LAND USE AND ZONING A. Garage Relocation: Request to Allow an Accessory Structure to be Placed Closer to a Public Street than the House; Paul Weber, 9179 Jamaca Paul Weber wishes to move a 16' x 22' stucco garage onto his R-1 zoned lot at 9179 Jamaca Court. A copy of written approval by adjacent property owners and pictures of the garage and of the site were available. The Planning Commission reviewed this request on 9-28-87 and recommended "to the City Council to allow a garage to be moved to the Paul Weber property at 9179 Jamaca Court, based on the received findings of the structure being compatible wth the stucco house and with the neighborhood and meets the code by having only 1 out building on the lot". M/S/P Moe/Graves - to adopt Resolution 87-52 to allow Paul Weber to relocate a 16' x 22' stucco garage to a location at 9179 Jamaca Court with the understanding that the garage is closer to the street than the house. (Motion carried 4-0). B. Zoning Ordinance Amendment: Elimination of the Industrial Park Zoning District This proposal has been under discussion by the Planning Commission since the 1986 Comprehensive plan was adopted by the City Council in November of 1986. The reason for the zoning amendment is that the 1986 Comprehensive Plan only provides for existing uses; J operation. The businesses that are of an industrial nature now would be rezoned to the General Business zoning district with the LAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 1987 PAGE 4 understanding that they would become non -conforming uses in the GB zone and could not be expanded in size or scope. There was no intention to put any existing business out of business. The plan makes no provision for new industrial future land uses or support for such rezoning. Lake Elmo Hardwood Lumber and Lake Elmo Feed Mill were mailed copies of the meeting agenda and City Council information sheet. This ordinance amendment as drafted was recommended by the Planning Commission for City Council approval after a public hearing was held October 13, 1987. There was no one present to speak for or against the proposed amendment. Thomas Barrett, 3300 Piper, Jaffrey Tower in Minneapolis, representing Joe Rogers, explained that passage of this amendment would mean he could not expand or make additions to his business or if it was destroyed in a fire he could not reconstruct it. All of these limitations would affect his ability to sell his business. He would not have full value of his business that he has built-up because finding a buyer yesterday was higher than it is toda subject to passing of this ordinance. (easier amended 11-3-87y} Councilman Graves was generally in favor of this amendment with the -exception--of the limitations it does put on the two existing businesses. Therefore, he would not be in favor of this ordinance as it exists because it states these business cannot expand or do anything further which includes rebuilding it after it burns down, the value of this business is severely restricted. He would be in favor of returning this ordinance to the Planning Commission and get the legal input from Attorney Knaak so it would not restrict those two existing businesses. Planning Commission Chairman Steve DeLapp commented that it was not his interpretation of the Planning Commission to put anyone out of business, but if the company burned down it should be able to rebuild. The Planning Commission wanted to have all the existing industrial uses in the City to be able to be maintained without any intent to shut them down, but the intent was to eliminate this category for further developemnt. Councilwoman Armstrong thought we should check into how much land these two businesses occupy and how much expansion can be done because it is next to a residential area. M/S/P Graves/Moe - to ask the City Staff to contact City Attorney Knaak and explain the City Council's objective (to have the ability of the business to continue to exist and operate in a manner that they would have previous to the deletion of the Industrial Zoning) and for him to make the appropriate change in the General Business ordinance to reflect this objective of these two specific businesses are allowed uses under the provisions of the pre-existing limited Industrial Zoning and report back at the next meeting. (Motion carried 4-0). C. Zoning Ordinance Amendment: Additions, Deletions and Changes to the General Business Zoning Distict. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 1987 PAGE 5 The proposed ordinance changes originated in part from the discussion on elimination of the Industrial Park Zoning District, and also in part from the ordinance amendment request to allow a retail bakery or catering business in a GB zone. The Planning Commission was not excluding car washes becauae they didn't like them, but because of the water disposal techniques. The Planning Commission prepared its own draft ordinance amendment and discussed it in a public hearing on October 13, 1987. Nobody was present to speak for or against the proposed ordinance amendment. The City Council reviewed the Planning Commission draft dated October 13, 1987. The following changes were made: (1) The following service/office uses: Amend: (r) Bakeries with production of bakery goods limited to retail sales. (2) The following retail uses: Add: (b) The retail sale and leasing of automobiles and automobile accessories (c) The retail sale of marine craft and accesssories. (f) The retail sale of misce �'V� �> such as U the following: Add: Nu a.' a :n supplies (g) Automobile repair and se (3) the following repair/servicE (g) Landscaping services (h) Food Catering services (5) Uses Permitted by Conditions Add: (c) Bed and Breakfast facilities - 15 beds maximum M/S/P Graves/Johnson - to table for City Council approval until after the Planning Commission's review of the General Business draft on October 26, 1987. (Motion carried 4-0). D. Final Plat Approval: Tartan Meadows 3rd Addition City Engineer Bohrer had reviewed the final plat of Tartan Meadows 3rd Addition and had compared it to the approved peliminary plat and applicable City Code. The final plat does conform to the approved preliminary plat and City Code. Bohrer recommended the following changes in his letter dated October 9, 1987. (1) lot size shall be shown on the plat for each lot in hundredths of an acre and; LAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 1987 PAGE 6 (2) the drainage and utility easement in Lots 2, 3, 4 and 5 of Block Two, which abut the EXCEPTION should be 10 feet in width, rather than 5 feet as shown. It is doubtful that the EXCEPTION will ever be platted and a companion 5 foot wide easement dedicated on its lot lines. These changes have been completed, therefore Bohrer recommended that the final plat be approved. Developer Willard Morton handed out a copy of the covenants tht exist on Tartan Meadows (first, second and third addition). M/S/P Graves/Moe - to adopt Resolution 87-53 granting final plat approval to Tartan Meadows 3rd Addition, contingent upon 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 and a park dedication fee in the amount of $250.00 per lot. (Motion carried 4-0). 6. CITY ENGINEER'S REPORT A. 201 Project - Partial Payment No. 1, Lake Area Utility City Engineer Bohrer recommended approval of Partial Payment Estimate No. 1 to Lake Area Utility Contracting for work performed in September in the amount of $155,348.82. M/S/P Moe/Graves - to approve Partial Payment No. 1 to Lake Area Utility Contracting in the amount of $155,348.82 for Part D 201 work performed in September, 1987. 7. CITY ATTORNEY'S REPORT The City Attorney was not present and did not provide a written report. 8. CITY ADMINISTRATOR'S REPORT The recent resignation of Ron Reuther creates a vacancy for Second Alternate on the Planning Commission. M/S/P Graves/Johnson - to approve moving Ed Stevens from First Alternate to regular member status and moving Rob Enes from Second to First Alternate. (Motion carried 4-0). A. Planning Commission Vacancy - Interview Applicants Two people have applied: Bruce Beutel, 3590 Laverne Avenue N, and Alan Kunde, 4171 Irvin Circle North. Alan Kunde has lived in Lake Elmo for 8 years and likes Lake Elmo as a rural eafmmunity witii the- ability to La- I LEM a tdintly tri a rural atmosphere, not as a crowded suburban atmosphere which he left in St. Paul. Lake Elmo is close to the Twin Cities and major transportation LAKE ELMO CITY COUNCIL MINUTES OCTOBER 20, 1987 PAGE 7 arteries and a very friendly rural area. He could live with the Comprehensive Plan that doesn't have sewer and does not want to live with a high industrial site. Bruce Beutel has lived in Lake Elmo for 55 years and finds Lake Elmo is an excellent place to live. He felt the City has a unique chance of having good residential areas not high density, but it also has areas for commercial. He felt that the area on I-94 has good business potential and the existing business there now does not impact the people living in Lake Elmo. Beutel felt the Erickson proposal was self-contained, the septic system would be adequate, excellent site for traffic from Chicago and he didn't see any problems. In time, changes may be needed in the Comprehensive Plan. Councilman Graves felt both applicants were well -qualified and concerned about the community. Based on the application submittal date and the longer experience with the community, Graves made the following motion. M/S/F Graves/Moe - to appoint Bruce Beutel as the Second Alternate on the Lake Elmo Planning Commission. (Motion failed 2-2<Armstrong: Kunde could give a fair interpretation of what came before the City, Mr. Beutel has taken a definite stand on how he would like to see the City grow and she does not agree with it, Johnson: Has much respect for Bruce Beutel, but had concerns on Beutel's view of proposals that came before the City on I-94 being very high density and a potential problem for the City without municipal sewer and not appropriate for areas outside of Section 32-33.>). There was discussion to table this until the next City Council meeting. M/S/P Graves/Johnson - to appoint Alan Kunde, 4171 Irvin Circle North, as the Second Alternate to the Lake Elmo Planning Commission. (Motion carried 3-1<Moe>). M/S/P Graves/Moe - to adjourn the City Council meeting at 9:45 in the City Council chambers. (Motion carried 4-0). 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 OCTOBER 20, 1987 7:00 p.m. MEETING CONVENES 1. Agenda 2. Approval of Minutes: October 6, 1987 3. Claims 4. Landfill Update 7:05 p.m. A. Legal and Engineering Needs for Landfill EIS 7:30 p.m. B. City Staff Comments on Draft Scoping EAW 5. PLANNING, LAND USE AND ZONING 8:00 P.M. A. Garage Relocation: Request to Allow an Accessory Structure to be Placed Closer to a Public Street than the House; Paul Weber, 9179 Jamaca 8:15 p.m. B. Zoning Ordinance Amendment: Elimination of the Industrial Park Zoning District 8:30 p.m. C. Zoning Ordinance Amendment: Additions, Deletions and Changes to the General Business Zoning District 8:55 p.m. D. Final Plat Approval: Tartan Meadows 3rd Addition 9:00 p.m .------------------------B R E A K --------------------------- 9:05 P.M. 6. CITY ENGINEER'S REPORT A. 201 Project - Partial Payment No. 1, Lake Area Utility 9:10 P.M. 7. CITY ATTORNEY'S REPORT 9:15 p.m. 8. CITY ADMINISTRATOR'S REPORT A. Planning Commission Vacancy - Interview Applicants 9. Other Business 10. Adjourn