HomeMy WebLinkAbout06-04-96 CCMURAFT
LAKE ELMO CITY COUNCIL MINUTES
JUNE 4, 1996
I.AGENDA
2. MINUTES: May21, 1996
3. CLAIMS
4. PUBLIC INFORMATIONAL
A. Public Inquiries
B. Requests for antenna's to be placed in the City
C. Update on Clean -Up Day
5. CONSENT AGENDA
A. Resignation of Fran Pott from Maintenance Advisory Committee
6. CITY ENGINEER'S REPORT
A. Joint Powers Agreement Lake Elmo/Oakdale Joint Sewer Project
B. Update on stake placement on CSAH 13
C. Request from resident on Olson Lake Trail
7. PARKS/MAINTENANCE
A. Survey for Maintenance Site
B. Update on Maintenance Building
C. Updated Purchase Agreement with Berschens
D. Update from Parks Commission on VFW Ballfield purchase
E. Wieser Concrete
8. PLANNING, LAND USE & ZONING:
A. Case No, ZAT/96/12 Zoning Test Amendment for Light Manufacturing Zoning District
B. Case No. ZMA/96/10 Rezoning from Rural Residential to Limited Business: Applicant:Walter
Pechan
C. PUBLIC HEARING: Case No. W96/14 Variance to road frontage on a public street to permit
construction of a single family residential home. Applicant: Michael Severin
D. PUBLIC HEARING: Case No. V/96/18 Variance to road frontage on a public street to permit
construction of single family residential home. Applicant: McDonald Construction/Edward Gorman
E. Case No. ZAT/96/17 - Open Space Ordinance
F. Request for consulting services
9. Annual Report of Fire Department - Chief Dick Sachs
Minor by-laws change
10. CITY ATTORNEY'S REPORT:
11. UNFINISHED BUSINESS
12. CITY COUNCIL REPORTS
13. CITY ADMINISTRATOR'S REPORT
LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996
Mayor John called the Council meeting to order at 7:05 p.m. in the Council chambers. PRESENT: Hunt,
Conlin, John, Johnston, DeLapp (arrived at 8:05 p.m.), City Engineer Bohrer, City Attorney Filla, City
Planner Terwedo and Administrator Kueffner.
1. AGENDA
ADD: 4A. Public Inquiries, B. Request for antennas, C. Clean-up Day, 7E. Handout from Weiser
Concrete, Landfill, 6C. Request from resident on Olson Lake Trail. MOVE 4A to 6D.
M/S/P Johnston/Conlin - to approve the June 4, 1996 City Council agenda as amended. (Motion passed
4-0).
2. MINUTES: May 21, 1996
M/S/P Johnston/Hunt - to approve the May 21, 1996 City Council minutes as amended. (Motion passed
4-0).
3. CLAIMS
M/S/P Hunt/Johnston - to approve the June 4, 1996 Claims #4782 through #4822, as presented
(Motion passed 4-0).
4. PUBLIC INFORMATIONAL
A. Public Inquiries
The City received a letter from Dick Travis, Rehbein Excay., stating the rains and other delays beyond
their control have created a major conflict in finishing the Washington County Landfill Final Closure
project on schedule. This schedule conflict results in a financial burden, therefore, they requested
working Saturday hours and extended weekday hours.
Dick Johnson, 8896 Lake Jane Trail, brought up his concern on the loud noise of the backup horn on the
machinery working on the landfill that can be heard for miles, and he talked to the Project Coordinator,
Dick Travis, and asked what his operating hours were on his permit. Mr. Travis told him to mind his own
business, and he had checked with the City Council to get approval to operate after hours. Mr. Johnson
felt he was being threatened because of their attitude and demeanor toward him. He asked the Council to
rescind the extension of extra operating hours and when a contractor is doing work in the City, the
decision should be made by the City Council and not the City Administrator to extend their times of
operation because of the impact on the neighborhoods. Also a method should be developed of
notification to residents of hours of operation. Johnson requested a fence to prevent children wandering
onto the site, and there is trash and papers flying around and off the site and the contractor is not making
any effort to cover up the garbage with clean fill. Rehbein Excay. has violated their permit by extending
their operating hours without City permission and should be ticketed.
M/S/P Hunt/Johnston - to direct the staff to investigate the information brought before the Council by Dick
Johnson and send a letter to Rehbein Excay. explaining the City's concerns and ask for correction of
problems and get in telephone contact with MPCA. (Motion passed 4-0).
M/S/P Hunt/Conlin - to direct the City Administrator to inform Rehbein Excay. that the City will not be
extending the permit for extended hours based upon the complaints received from the public. This motion
deals with request before them. (Motion passed 4-0).
Jim McLeod, 2543 Lake Elmo Avenue N., commented on the comp plan amendment and the Council
changing the formulation for densities. Most developers will come in with 9 per 20. The Planning
Commission's ceiling became the Council's floor. The public was in favor of 6 per 20 or less and was
voted on unanimously by Planning Commission.
LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996
Todd Williams, 3026 Lake Elmo Avenue N., asked the Council to exercise courage in their density and
bonus plans. He doesn't believe developers' claim that limiting density will make developing
uneconomical. If you want pathways, just require it. The Council's action on density, and housing types
indicate you listened, but you acted on developer's requests, Williams urged the Council to listen to the
voters before its makes decisions and not the landowners or developers. The Planning Commission
have spoken against these high densities. The Council has not given any reason for overrunning the
Planning Commission's recommendation.
Councilman Hunt suggested the City proceed with a City-wide survey as suggested by Councilman
DeLapp as to what the voters want.
B. Requests for antennas to be placed in the City
Request for antenna to placed on the City Water Tower:
An amendment to the agreement with SBA, Inc. for an antenna to be placed on the City's water tower
was delivered to the City this evening for review. Rent is $6,000 a year for 5 years with up to four-5 year
options. The City should look at this as a 25 year agreement. A site plan needs to be submitted to Larry
Bohrer. Dale Howey, SBA, will put the agreement into a final form for Council authorization.
Request for antenna to be placed on the Cimarron Water Tower:
Merle Kimberling informed the Council they are requesting an antenna to be placed on the Cimarron
water tower.
M/S/P HunUDeLapp - to table the discussion of this request until the June 18, 1996 Council meeting for
background information. (Motion passed 5-0).
Request for a free-standing antenna to be placed in Pebble Park:
Julie Kipke requested a free standing 80-85' Sprint antenna structure in Pebble Park. The Parks
Commission will make a recommendation after their park walk-through. The Council asked why the
proximity is so close to the other antennas. Dale Howey will look into clarification of the radius.
Placement of antennas in the City will be reviewed by the Planner and discussed by the Planning
Commission.
M/S/P HunUDeLapp - to postpone consideration of this request until the June 18, 1996 Council meeting,
(Motion passed 5-0).
C. Clean -Up Day
Clean -Up Day is scheduled for June 22, 1996, 8 a.m. until Noon, at the parking lot of the Baptist Church
with a $10 charge and appliances are limited to one at no charge. Additional appliances will be charged
as follows: $15 for air conditioners, $10 per unit for any other type of appliance.
5. CONSENT AGENDA
A. Resignation of Fran Pott from Maintenance Advisory Committee
The City received a copy of Fran Pott's resignation from the Maintenance Advisory Committee.
M/S/P Hunt/Johnston - to accept the resignation of Fran Pott from the Maintenance Advisory Committee,
to direct the staff to send Mr. Pott a letter of appreciation and advertise the vacancy in the next
newsletter. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996
6. CITY ENGINEER'S REPORT
A. Joint Powers Agreement Lake Elmo/Oakdale Joint Sewer Project
The Council reviewed a draft Joint Powers Agreement prepared by the Lake Elmo and Oakdale
Engineers and Attorneys.
M/S/P Hunt/John - to approve the Joint Powers Agreement between the Cities of Lake Elmo and Oakdale
for a joint sewer project, as presented, and authorize the Mayor and Administrator to execute the
agreement on behalf of the City with the condition that Lake Elmo issue a construction contract for its
portion of the project. (Motion passed 5-0).
B. Update on stake placement on CSAH 13
At the last meeting there was a concern raised about the placement of stakes along CSAH 13 in
preparation for the reconstruction project. Larry Bohrer reported the stakes appear to be about I V or so
beyond the wire fence. He reviewed the stakes and also talked to the Public Works Dept. and those
stakes represent the right-of-way, either the existing right-of-way or right-of-way that has been acquired
for this project. No construction takes place beyond those stakes, but some construction does take place
almost up to the stakes.
C. Request from Olson Lake Trail Resident
Administrator Kueffner reported a resident on Olson Lake Trail has a failing mound system and requested
to hookup to Oakdale's sewer. The lot is 100' x 250' and the installer told him another mound system
would not work. The resident thought some of his other neighbors might be interested in hooking up to
Oakdale's sewer.
M/S/P Hunt/Conlin - to direct the staff to respond to Phil Taylor indicating the City is interested in working
with him and to investigate all options and have the City Engineer assess the situation and for the City to
work jointly with Joe Kiesling, Tri-Lakes Association, in taking a poll of the area to find out what extent the
problems are with systems and report back with options for resolution. (Motion passed 5-0).
7. PARKS/MAINTENANCE
A. Survey for Maintenance Site
Larry Bohrer reviewed the quotes from Barrett M. Stack and Folz, Freeman, Dupay & Assoc. for
surveying the 15 acres on the Berschen site for the new maintenance facility and indicated both
companies were equally qualified.
M/S/P Hunt/Johnston - to direct the City Administrator to contact Folz, Freeman, Dupay & Assoc, and
Barrett M. Stack that the job of surveying the 15 acres of the Berschen site for the new maintenance
facility will be awarded to the one that can get it done the soonest and obtain a date of completion for job
to be stated in the bid. If the timeline is the same for both survey companies, then the Council suggested
placing the names in a hat and pick one company. (Motion passed 5-0).
B. Update on Maintenance Building
Councilman Hunt will be attending Wednesday's meeting at City Hall concerning a completed program for
the new maintenance building. Onno VanDemmeltraddt stated he will be retiring August 1, 1996 and
offered his services to work on the program for the new maintenance building and will try to attend
Wednesday's meeting.
M/S/P Hunt/John - to amend the June 6, 1996 special Council meeting agenda with the Solid Waste
Commission to include Item 4. Review of Program for Maintenance Facility. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996 5
C. Updated Purchase Agreement with Berschens
Attorney Filla pointed out changes in the purchase agreement that he and Administrator Kueffnor worked
on rewriting,
M/S/P Hunt/Johnston - to approve the revised Purchase Agreement between the City of Lake Elmo and
John and Janet Berschens. (Motion passed 5-0).
D. Update from Parks Commission on VFW Ballfield Purchase
Administrator Kueffner reported the Parks Commission is interested in purchasing the VFW ballfield, but
did not want the money to purchase the ballfield to come out of the Parks budget.
M/S/P John/Hunt - to table for two weeks with the understanding that information will be gathered: What
is the asking price, could this price be lowered, what would the Jaycee's be willing to contribute, how
would the parks conversion affect this. (Motion passed 5-0).
E. Wieser Concrete
Dan Olinger recommended purchase of the precast concrete containers and they can be moved to
another site. Olinger had checked with different companies and this is the company that manufactured
the vessels and the only quote received.
M/S/P Johnston/DeLapp - to accept the quote from Wieser Concrete, dated May 15, 1996, and purchase
precast concrete spill/leak containment vessels for gas tanks for $7,497.60 total (tax included). (Motion
passed 5-0).
8. PLANNING, LAND USE & ZONING:
A. Case No. ZAT/96/12 Zoning Text Amendment for Light Manufacturing Zoning District
City Planner Terwedo explained the ordinance has been modified to reflect a minimum square footage
allowed for light manufacturing and recommended that the gross square footage of building area not
exceed 10,000 sq. ft. This would limit the use to small cottage type businesses employing a small
number of individuals and reflects the limited business nature of the use. Any manufacturing use outside
the MUSA would be limited in nature due to the lack of urban services.
M/S/ Conlin/John - to adopt Ordinance 8135, as presented, An ordinance adding Sections 301.040, 160
(Definition of Light Manufacturing); 301.070 D.14.C.8 "Light Manufacturing permitted by Conditional Use
Permit; and amending Section 301.070 D.14.C.9 "Use Determination" all relating to the Limited Business
(LB) Zoning District.
Councilman Hunt had trouble with the fact that this ordinance also applies along 1-94 and could open the
City to further litigation. He would like to see a split LB recognizing geographic locations and conditions.
Councilman DeLapp had a difficult time with the unlimited terms of allowed uses and asked how does the
City govern "offensive" generating uses?
M/S/P Conlin/John - to amend the motion to include deletion of "but are not limited to" in Section 1.
(Motion passed 4-1:DeLapp).
M/S/P Hunt/John - to amend Section 2 by inserting "Light Manufacturing in areas bounded by the
Chicago Northwestern Railroad tracks to the South, Hwy 5 to the North, Ideal Avenue on the West, and
Stillwater Blvd, on the East". (Motion passed 4-1:DeLapp).
LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996 6
M/S/P Conlin/John - to adopt Ordinance 8135, as amended, An Ordinance Adding Sections 301.040, 160
(Definition of Light Manufacturing); 301.070D.14.C.8 "Light Manufacturing permitted by Conditional Use
Permit; and amending Section 301.070 D.14.C.9 "Use Determination" all relating to the Limited Business
(LB) Zoning District. (Motion passed 4-1:DeLapp:The Limited Business Ordinance is a major
compromise by the City and should be left intact. The City should be specific on acceptable uses --an
auto body paint shop or a medical incinerator along Hwy 5 could be an acceptable use.)
B. Case No. ZMA/96/10 Rezoning from Rural Residential to Limited Business.
Applicant: Walter Pechan
Planner Terwedo reported this is a request for a zoning map amendment to rezone a 2.05 acre parcel
from (RR) Rural Residential to (LB) Limited Business. Adjacent land uses include an animal training
facility to the south, vacant land to the east and west and agricultural lands to the north. The lot size of
2.05 acres was existing prior to the establishment of the LB zoning regulations. The Planning
Commission recommended approval at their May 29, 1996 meeting. Mr. Pechan would use the same
access as the Animal Inn.
M/S/P Conlin/DeLapp - to adopt Ordinance 8136, as amended, (delete the 41h and 5th paragraphs
because it is not necessary to require the legal descriptions of the easements for the rezoning), An
Ordinance amending Section 301.070C "Zoning District Map" of the 1979 Lake Elmo Municipal Code.
(Motion passed 5-0).
C. PUBLIC HEARING:Case No. V/96-14, Variance to lot size and lot width:Michael Severin
The Public Hearing notice was published in the May 23, 1996 Stillwater Gazette and the property owners
within 350' were notified.
Planner Terwedo reported this is a variance request to lot size and lot width by Michael Severin, 8012
50th Street. Mr. Severin would demolish two small homes which were originally constructed as cabins
and construct one larger home in their place. Mr. Severin would combine the lots which would create a
1.35 acre. The lot width for the newly created lot is 40 feet which is enough of an area to provide access
to the lot. The minimum lot width for this zoning district is 150 feet. The City had acquired 110 feet for
the mound system on the southeast corner of the parcel which left Mr. Severin 40 feet of frontage.
The Council received a letter from Mildred Meier indicating she did not object to the granting of the
variances so Mike Severin can build a new home The map accompanying the notice marked the
boundaries of Bennett and Argyle Street and indicated an encroachment on Bennett by a septic lift
station to a mound system. Mrs. Meier strongly objected to any Council action that could negatively
effect the access to or the development and use of her property.
The Council received a letter from James Normann and Pam Beytien, 7955 Hill Trail Court, voicing their
objection to the proposed building plan.
Mayor John opened up the public hearing at 10:00 p.m. in the Council chambers.
Mike Severin stated he wants to demolish the two homes which are inadequate and build one larger
home for his family. The existing garage will remain on the front lot.
Carl Abrahamson, 8061 Hill Trail N., is in favor of granting the variance because the new home would
improve the area. Mr. Severin would have had a conforming lot before they took a portion of his property
for the 201 mound system. Mr. Abrahamson voiced his concern on the possibility of is well becoming
contaminated because he is surrounded by mound systems.
Mildred Meier referred to her letter dated June 1,1996 stating her concerns.
LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996 7
James Normann and Pam L. Beytien referred to their letter dated May 31, 1996 and questioned the
hardship for granting these variances.
Mayor John closed the public hearing at 10:18 p.m.
Larry Bohrer pointed out Argyle street, north of Bennett is vacated, but south of Bennett to 50th Street is
not vacated. The two septic systems that are on this property are designed for two -bedroom homes, and
Mr. Severin is proposing a 3-bedroom home.
Administrator Kueffner explained there are two rules that apply In this situation: the 60% rule -which if the
lot to the north would meet 60% of 1 1/2 acres for the required R-1 zoning, is .9 of an acre, would not
need a variance according to the code. Mr. Severin will have one of the largest lots in Lanes
DeMontreville. Also, If your lot meets the average size in the area, which is .6 of an acre, the Council has
granted variances in the past.
Attorney Filla suggested to not look at the north and south segments and state the lots can be combined
to create a 1.35 acre lot because that is not the case. If you want to restrict the substandard lot on the
north side, the City may want to restrict it to the home proposed and no out buildings. If you want to
construct an accessory building, it would have to be south of Bennett road and restrict any further
development of the property on the south side.
Questions need to be resolved:
(1) Entitlement to request variance --adjacent lots, but separated by unimproved street
(2) Vacate Bennett - revert back to adjacent property owner, would this landlock Mrs. Meier
M/S/P John/Hunt - to table Mike Severin's variance request to the June 18, 1996 council meeting
because there was not enough information to make a determination. (Motion passed 5-0).
D. PUBLIC HEARING: Case No. V/96-18 Variance to lot size and lot Width
The Public Hearing notice was published in the May 23,1996 Stillwater Gazette and property owners
within 350' were notified.
Planner Terwedo reported David Pettis/McDonald Construction Co. Inc. is requesting a variance from
Section 301.070 D.3.c(1) (1.5 acre lot size required, approx..61 acre available minus street easements)
and variance from Section 301.090 I. lot width requirement on a public street (125 feet required, 50 feet
available). An additional variance is needed to Section 301.090 B. Contiguous Parcels:if in a group of two
or more contiguous lots of land owned by the same person, which is Ed Gorman, any individual lot does
not meet the full width or area requirements of this Ordinance, such individual lot cannot be considered
as a separate parcel of land for purposes of sale or development, but must be combined with adjacent
lots under the same ownership so that the combination of lots will equal one or more parcels of land each
meeting the full lot width and are requirements of this Ordinance.
Mayor John opened up the public hearing at 10:45 p.m. in the Council chambers.
Ed Gorman stated he purchased the lot, along with his restaurant, in 1980 as a residential lot which has
always been in R-1 zoning. He has talked to and has the support for this variance request of the property
owners within 350'. In 1963 the City installed a water system intended to serve this lot and those
assessments were made and paid in 1970. He feels he is being singled out and discriminated against at
the last minute because Section 301.090 B. does not apply to him.
Mrs. Jill Pettis stated they hired McDonald Construction to purchase the lot from Mr. Gorman in January,
1996. They sold their house and moved into a 2-bedroom apartment and are a 5-person family. We
were assured that this process would not take a long time, but we have been delayed three months.
LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996 8
Susan Dunn, Upper 33rd St., asked that the City Engineer please review the surface water runoff
because of the water drainage problems we had in this area of the Village.
Mayor John closed the public hearing at 11:00 p.m.
Larry Bohrer made the applicant aware that after reviewing the soil borings and perc tests, this site does
have enough room both for a primary and alternate drainfield system. However some of the
computations done by Dave Eklin are different than what the City code requires, for a 5-BR home the
design flow from that house is 900 gallons per day instead of 750 gallons. There is a drainage easement
and drainage ditch that goes along the eastern portion of the property, and he has observed that this
ditch does run full occasionally. As far as the building permit application, we will look at the proposed
height of the building in relation to the ditch. The house should be connected to the municipal water
system. The improved portion of the road does not go the full length of the lot, there may need to be
some extension for snow plowing and storage.
Attorney Filla pointed out the application for the variance is dated April 30,1996 and this is not an
unreasonable time to review such an application.
M/S/P John/Hunt - to grant David Pettis/McDonald Construction Co. Inc. and Ed Gorman the variances to
Section 301.070D.3.c. lot size, Section 301.0901. lot width, and to Section 301.090B. contiguous parcels
conditioned upon 1) that the lot area not be less than .90 acres exclusive of the street easements to meet
the 60% rule of the current standard lot size, 2) the applicant submit an application for a rezoning to R1
and a minor subdivision in order to transfer .29 acres to add to the .61 acre lot area, and those
applications be processed prior to final building occupancy. The applicant shall be allowed to go ahead
with the construction. The Council made the following findings: 1. There are exceptional circumstances in
the Old Village and this lot, which do not generally apply to other properties in this same zone, 2. The lot
was platted prior to October 16, 1979, 2. The lot has been assessed for water, 3 The literal
interpretations of the provisions of the zoning ordinance would deprive the applicant of rights commonly
enjoyed by other properties in Old Village, 4. The special circumstances do not result from the actions of
the applicant, 5. The variance requested is the minimum variance which would alleviate the hardship and
6. The variance would not be materially detrimental to the purpose of this ordinance or to properties in the
same zone. (Motion passed 5-0).
E. Case No. ZAT/96/17 - Open Space Ordinance: Continuation
On May 21, 1996 the Council approved the Comprehensive Plan Amendment to allow for open space
residential developments in the City The Council also made a motion to approve the Open Space
Ordinance. There was lengthy discussion regarding the extent by which the City would allow density
bonuses for these developments to occur with a a base density of 6 units per 20 acres. Specifically, the
density bonuses were in relation to the extent that the City was requiring open space preservation,
requiring pathways and other amenities.
Planner Terwedo provided an updated ordinance containing recommended density bonuses for open
space developments. Council member Johnston indicated that the bonus plan was less than
straightforward and appeared to promote a six per 20 density, but it is really eight per 20. Regarding the
one unit land trust bonus, she could not support rewarding a density bonus for what is required. It needs
to be consistent.
M/S/P Hunt/DeLapp - to adopt Ordinance 8137 establishing and regulating the use of property located
within the Open Space Preservation District subject to the following amendments which shall be included
in the Ordinance prior to publication: (See Exhibit A for amendments to be included as part of the
minutes). (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JUNE 4, 1996
F. Request for services 1-94 corridor study
The City Council held a workshop on May 22, 1996 to discuss the progress of the 1-94 Corridor Study.
Since this study is extremely important and staff time has become limited, City Planner Terwedo
recommended that additional planning services be sought to assist the City in completing the study. A
proposal was submitted from Ann Perry, SEH, to assist the City in completing the study. The City has
budgeted $45,000 for consulting services for the planning department and has $41,000 in planning
reserves. The request made for the land use study is $16,000. The Council also directed the staff to
meet with Springsted to request a quote to prepare a financial study on the various land use alternatives
which will be prepared as part of the study.
M/S/P Conlin/DeLapp - to approve the contract with Ms. Ann Perry, SEH, to assist the City and staff to
prepare a new land use plan for the 1-94 corridor and for consulting services at a cost of $16,000.
(Motion passed 5-0).
9. FIRE DEPARTMENT:
A. 1995 Annual Report - Chief Sachs, Changes to Fire Department By -Laws
M/S/P to table this item until the next council meeting because of the late hour. (Motion passed 5-0).
10. CITY ATTORNEY'S REPORT: None
11. UNFINISHED BUSINESS: None
12. CITY COUNCIL REPORTS: None
13. CITY ADMINISTRATOR'S REPORTS: None
M/S/P Hunt/Conlin - to adjourn council meeting at 12:35 p.m. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL _MINUTES JUNE 4, 1996
EXHIBIT A
MOTION
Motion by Hunt , Seconded by DeLann
to adopt Ordinance No. 81-37- establishing and regulating the use
of property located within the Open Space Preservation District
subject to the following amendments which shall be included in the
Ordinance prior to publication:
1. Section 301.070D.16, Subd. 4.B. Conservation Easement. An
interest in real property created in a manner that imposes
limitations or affirmative obligations regarding the use of
Property including the retention, protection, and maintenance
of open space.
2. Section 301.070D.16, Subd. 4.Q. Townhouse. A grouping of
three or more attached, single-family dwellings in which each
unit has its own front and rear access to the outside, no unit
is located over any other unit, and each unit is separated
from any other unit by one or more common walls.
3. Section 301.070D.16, Subd. 7.B.i.a. Owned by an individual or
legal entity who will use the land for open space purposes as
provided by permanent conservation restrictions (in accordance
with M.S. S84C.01-05), to an acceptable land trust as approved
by the City and; or
4. Section 301.070D.16H4. One (1) additional unit per
development for each $25, 000 or more of estimated cost for the
restoration and rehabilitation of a historic structure. The
Secretary of Interiors Standards for Rehabilitation shall
apply.
5. Section 301.070D.16J2. All septic systems shall conform to
the performance standards of the Minnesota Pollution Control
Agency's Standards for Sewage Treatment Systems WPC-7080 and
its Appendices, or the MPCA standards in effect at the time of
installation, and to the City's Septic System Regulations.
6. Section 301.070D.16, Subd. 7.J.3.b. or Subd. 7.J.2.
Recreational uses are prohibited above or within fifty feet of
communal drainfields unless otherwise approved by the City's
Engineer.
7. Section 301.070D.16, Subd. 7.A.3.a.
Environmental Resources:
Map (Map and calculated acreage).
1. Total Site acres
2. Protected Wetlands acres
3. Wetland Buffer -Setback Area acres
4. 12% -24% sloped area acres
5. 25% + sloped area acres
6. Woodlands acres
7. Net Developable Acres
equals
1 - (2+4 or 5) acres
8. Section 301.070D.16, Subd. 9.A.8. A rezoning application.
9. Section 301.070D.16, Subd. 9.B. Planning Commission Review.
Upon receipt of a completed OP Development Concept Plan and
Rezoning Applications, the City Planner shall schedule the
applications for review by the Planning Commission at a public
hearing preceded by ten days published notice and two weeks
mailed notice to the record owners of each parcel within 350
feet of the perimeter of the proposed development. The
Planning Commission shall make its recommendations to the City
Council within thirty days of the Planner's receipt of the
completed applications and shall include its findings on the
following:
1. The consistency of the concept plan with the goals,
objectives and policies of the Comprehensive Plan.
2. The consistency of the concept plan with the purpose of
the Open Space Preservation District.
3. The compliance of the concept plan with the development
standards of the Open Space Preservation Regulations,
4. The preservation of required open space within the
concept plan.
5. The consistency of the rezoning with the Comprehensive
Plan.
10. Section 301.070D.16, Subd. 9.C. City Council Review. The
City Council shall review and determine whether to approve or
deny the OP Development Concept Plan and Rezoning within sixty
days of the Planner's receipt of the completed applications.
The City Council may also table its review of one or both of
the applications a reasonable time, if necessary, to obtain
information that will enable the City Council to make a
reasonable decision and if the extension is consented to by
the applicant on the record. OP Development Concept Plan
ee
City
Council.approval
shallrequire
rez ning rapplication lvshalle require e four
affirmative votes of the City Council and, if approved, shall
be approved subject to approval of the OP Development Final
Plan.
11. Section 301.070D.16, Subd. lO.A.9. (This subdivision should
be deleted.)
12. Section 301.070D.16, Subd, 10.B. Planning Commission Review.
Upon receipt of a completed OP Development Preliminary Plan
and, where appropriate a Preliminary Plat, the City Planner
shall refer the applications to appropriate staff,
consultants, and other special review agencies including the
Minnesota Department of Natural Resources if the proposed
development is within a designated shoreland. The
applications shall also be placed on the Planning Commission
Agenda for review at a public hearing preceded by ten days
published notice and two weeks mailed notice to record owners
of each parcel located within 350 feet of the perimeter of the
Proposed development. The Planning Commission shall make its
recommendations to the City Council within thirty days of
Planner's receipt of the completed OP Development Preliminary
Plan and Preliminary Plat applications.
13. Section 301.070D.16, Subd. 10.C. CityCouncil Review, The
City Council shall review the OP Development Preliminary Plan
and Preliminary Plat within sixty days of Planner's receipt of
the completed applications. The OP Development Preliminary
Plan and Preliminary Plat shall require three affirmative City
Council votes for approval. The City Council may also table
its review a reasonable time, if necessary, to obtain
information that will enable the City Council to make a
reasonable decision and if the extension is consented to by
the applicant on the record.
Upon approval, the City Council shall instruct the City
Attorney to draw up an OP Development Agreement that
stipulates the specific terms and conditions established and
approved by the City Council. The Development Agreement shall
be signed by all parties within thirty days of the City
Council's approval of the OP Development Preliminary Plan.
14. Section 301.070D.16., Subd. 11.B. City council Review. Upon
receipt of a completed OP Development Final Plan and Final
Plat, the City Planner shall review the application to
appropriate City Staff for review and recommendations. The OP
Development Final Plan and Final Plat shall e
conform to th requirements established through approval of the he Development Preliminary Plan and Preliminary Plat. The City
op
Council shall review the Op Development Final Plan and Final
Plat within sixty days of Planner's receipt of the completed
applications. The City Council may also table its review a
reasonable time, if necessary, to obtain information that will
enable the City Council to make a reasonable decision and if
the extension is consented to by the applicant on the record.
OP Development Final Plan and Final Plat shall require three
affirmative City Council votes for approval.
b/j/LIMOTION
dune 11, 1996
City of Lake Elmo
Washington County, Minnesota
Public Notice
To Whom It May Concern:
A quorum or more of the Lake Elmo City Council may attend a Washington County
forum to discuss growth options for the Twin Cities Metropolitan Area on Tuesday, May
28, 1996, at 4:00 p.m, in the Washington County Road Room at the Washington County
Government Center in Stillwater.
Mary Kueffner
City Administrator
May 22, 1996
Publish Stillwater Gazette on May 24, 1996
Meeting Minutes
Joint MAC/City Council Workshop
May 20, 1996
Mayor John called the meeting to order at 7:05 p.m.
Present: Mayor John, Karen Johnston, Steve Delapp, Lee Hunt, Rita Conlin arrived at 7:20
Mac Committee members, Dick Johnson, Bill Wacker, Bud Talcott, Dick Gustafson
Others: Ann Pung-Terwedo, Dan Olinger, Mike Bouthilet
Ann Pung-Terwedo reviewed the programming needs for the various departments.
Maintenance/Public Works, Fire Department, Parks
Steve Delapp questioned the commiment of Lakeview Hospital to use the parks building and the
Parks Department needs. Mike Bouthilet stated that the Parks Department close to Reid, VFW,
Lions, and Tablyn is efficient but so is being closer to the parks in the TRI-Lake Area,
Dick Johnson questioned the costs to upgrade the building. Lake view Hospital will be upgrading
the building.
Ann Pung-Terwedo reviewed the plan for the existing maintenance building and how the building
may be modified to accommodate the Fire Department and Parks.
Mike Bouthilet stated the Jayceess may be interested in the parks building.
Ann Pung-Terwedo reviewed the cold storage building and the fixture uses of that based on the
Public Works Department and Parks.
Dick Johnson stated that the city needs a second civil service siren.
Dick Johnson questioned the compost site. Karen Johnson reminded him that this is separate
issue.
Rita Conlin asked about the CEP for new equipment. Dan Olinger stated that the Public Works
Department will need a new truck and snowplow within 5-10 years. Since 1984, the department
has added a fourth snowplowing route and the parks department became its own department.
Performance of contracting services vs. City service was discussed.
Bill Wacker stated he has experienced good vs. bad contractors vs. staff.
Rita Conlin questioned the cost sharing effort at Washington County, Could Lake Elmo share
with the County?
Bill Wacker felt that the building should be built for 15-20 years. What are the future needs of the
facility?
Steve Delapp questioned whether or not the building inspectors car should go in the building.
Karen Johnston questioned the deep bays as shown on the plan Lee hunt adde that there may be
possibility that some of the items could be pulled out of the building.
Dan reviewed what the existing cold storage areas will be used for.
Steve Delapp had concerns regarding the proposal as outlined. Mr Delapp will meet with Dan
Olinger before the next meeting and three alternative scenarios will be developed for discussion.
Mayor John asked if the building should accommodate meetings. Karen Johnston stated that the
city may need the space. Ann Terwedo stated that the building committee did not like a meeting
room.
Rita Conlin questioned the future needs for cold storage. Additional storage should go on the
north side of the building.
The next joint meeting with the MAC and council will be June 4, 1996.
Respectfully Submitted
Ann Pung-Terwedo
C
Since the City Council does not have time to discuss every point presented, it may appear that
decisions are preconceived. However, staff provides background information to the City
Council on each agenda item in advance; and decisions are based on this information and
experience. In addition, some items may have been discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a "Request to
Appear Before the City Council" form; or, if you came late, raise your hand to be recognized.
Comments that are pertinent are appreciated. Items may be continued to a future meeting if
additional time is needed before a decision can be made.
Lake Elmo City Council Agenda
June 4,1996
7:00 p.m. Meeting Convenes
Pledge of Allegiance
1. Approval of Agenda
2. Approval of Minutes
3. Approval of Claims
4. Public Informational
A. Requests for antenna's to be place in the City
B. Other
Consent Agenda items are generally defined as items of routine business, not requiring
discussion, and approved in one vote. Council members may elect to pull a Consent Agenda
Item(s) for discussion and/or separate action; or, any member of the public may request that a
Consent Agenda item be removed for discussion.
S. Consent Agenda
A. Resignation of Fran Pott from Maintenance Advisory Committee.
B. Other
6. City Engineer's Report
A. Joint Powers Agreement Lake Elmo/Oakdale Joint Sewer Project
B. Update on stake placement on CSAH 13.
C. Other
7. Parks/Maintenance
A. Survey for Maintenance Site
B. Update on Maintenance Building
C. Update Purchase Agreement with Berschens
D. Update from Parks Commission on VFW Ballfield purchase.
E. Other
(OVER)
Lake Elmo City Council Agenda
June 4, 1996
Page 2
8. Planning, Land Use & Zoning
A. Case No. ZAT/96/12 Zoning Text Amendment for
Light Manufacturing Zoning District.
B. Case No. ZMA/96/10 Rezoning from Rural Residential
to Limited Business. Applicant: Walter Pechan
C. Public Hearine: Case No. V/96/14 Variance to road frontage
on a public street to permit construction of a single family
residential home. Applicant: Michael Severin
D. Public Hearine: Case No. V/96/18 Variance to road frontage
on a public street to permit construction of a single family
residential home. Applicant: McDonald Construction/ Edward
Gorman.
E. Case No. ZAT/96/17 - Open Space Ordinance
F. Request for consulting service
G. Other
10. Annual Report of Fire Department -- Chief, Dick Sachs
Minor by-laws Change
11. City Attorney's Report
12. Unfinished Business
13. City Council Reports
A.
Mayor John
B.
Council member Conlin
C.
Council member DeLapp
D.
Council member Hunt
E.
Council member Johnston
14. City Administrator's Report
15. Adjournment