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Home My WebLink About09-8-80 PZMCt to of %Ike ' Elmo Thirtythird and Laverne Avenue Lake Elmo, Minnesota 55042 777-5510 DATE: September 19, 1980 CC: PZC, COUNCIL, PRESS, PZC Agenda list, Kathy, Admin.; Rob Chelseth, TO: Planning Commission Ray Marshall FROM: Larry Whittaker SUBJECT: CANCELATION of September 22, 1980, Planning Commission Meeting M E 0 R A • D ( o I have no Agenda items for the Sept. 22, 1980, meeting...SO, it is canceled! The Conservancy Regualtions are suffering through their umpteenth revision; and 1 won't have a "package" on that until October 27 — most likely. The Council will review the new draft October 21, if there is time. After that, we may have to schedule another public hearing. The difficulty we are experiencing with the Ordinance is due to interpreta— tion of DNR regulations. What we need to do is sit down with the City Attorney and figure out just what and when the DNR regulates wetlands. Then, Jess would like the City to adopt DNR standards_by__reference; so that we can apply them to all wetlands. It is his_feeling that_the most critical wetlands are those which serve as storm water retention areas and wildlife preserves. Right now, it appears to us that DNR does not regulate many of the ponds that are a part of the stormwater hetention areas. They do provide standards; but, they do not' apply them to that class of wetland. Jess wants to apply the same standards to all wetlands, where practical. At this point, we are not sure where it is practical; and,it is going to take Oliver Wendall Holmes to figure that out.' Actually, it is not quite that bad; but, it is not something I will be able to complete before I leave for New York. So, I'll get on it as soon as I get back; and hope to have it ready for the Council the 21st. Other Agenda items for the October 13 meeting will be: 7:45 P.M. - Public Hearing on Mr. Peltier's request for rezoning to AG, so he can get a car dealer's license (Yes, that is the State L.w...no dealer's licenses in Re-.., sidential zones.) Selection of Vice Chairman Discussion of Metro Council comments on the Comp. Plan Status of other projects the Planning Commission has been involved in. If you have any questions or comments, I will be in until Thursday, Sept. 25. CITY OF LAKE ELMO PLANNING COMMISSION MEETING, SEPTEMBER 8, 1980 Chairman Michels called the meeting to order at 7:39 p.m. ROLL CALL: Lyall, Crombie, Fraser, Dreher, Lundquist, Prince, Forsblad Halden (7:41), and Gifford (7:50). Prince moved, seconded by Fraser, to approve the minutes of August 25, 1980. Motion carried 8-0. - METRO COUNCIL: Rob Chelseth, City Planner, reviewed the Metro Council comments on the Comp Plan. Many of their comments were answered within the plan. The Capital Improvement Plan for parks is being prepared and will be forwarded to the Metro Council after Council approval. The Commission has no reactions to the Council's comments. The Administrator will request the Met Council meet with the Commission if they want further explanations. GENE PELTIER - PUBLIC HEARING FOR REZONING: Because there was not ade- quate time to publish cancellation of the hearing, Chairman Michels opened the hearing at 8:15 p.m. and closed the hearing at 8:16 p.m. There wasino one in the audience for the hearing. Fraser moved, seconded by Crombie, to table Mr. request for rezoning until Mr. Peltier comes in the proposal be heard. Motion carried 9-0. CONSERVENCY REGULATIONS PUBLIC HEARING: Chairman Michels opened the hearing at 8:17 p.m. Administrator Whittaker reviewed the changes proposed by Councilman Mottaz on definitions for fill, regulating other governing bodies, wetland definition, and dredging. The Administrator proposed the definition for clean fill indicate it be non -organic, contain no noxious hazardous waste, as defined by the PCA, and prohibit refuse, rubbish or garbage, as provided in Section 801.010 of the City Code. Additional standards could include rock sizes and compaction. The Commission agreed that non -organic and hazardous waste should be included. They were not concerned about regulating rock sizes and compaction. The Administrator informed the Commission that the City cannot regulate the State on public right-of-way or public waters. The City Attorney is reviewing the City's right to regulate the County. The proposed Ordinance includes a provision that allows the City to regulate those agencies we have juristiction over. Planner Chelseth indicated the County is somewhat regulated under Section B-1, Exemptions. The Commission had no comment. The City's definition of wetlands is as complete and restrictive as is found in governmental regulations and those of surrounding communities. MINUTES: COMP PLAN Peltier's and requests The Commission reviewed the DNR Regulations on dredging. This regulates all ponds over 2 1/2 acres in size. CITY OF LAKE ELMO PLANNING COMMISSION MEETING, SEPTEMBER 8, 1980 -2- I CONSERVENCY REGULATIONS: The Commission reviewed the public waters map and determined it is incomplete and not to scale in identifing wetlands. Chelseth suggested the City get a copy of the DNR aerial map for comparison, since the DNR will use the map in their permit process. The Administrator will notify the DNR of the inaccuracies. Chairman Michels closed the hearing at 9:05 p.m. Michels moved, seconded by Prince, to recommend the City Council adopt the proposed Conservancy Regulations with the following changes: 1. all refernce to dredging be deleted 2. a clear definition of clean fill be included Motion carried 9-0. GENE PELTIER: Mr. Peltier came in and explained his hobby of restoring older model and antique cars. In order for him to get a used car dealers license his property cannot be zoned R-1. He stated he does not intend to have a used car lot; but needs this type of license to purchase cars out of state and not be subject to their sales tax. He requests his property be rezoned to Ag in order to meet the Department of Transportation requirements. The Administrator will contact Mn/DOT and also verify the permitted uses in Ag. Prince moved, seconded by Lundquist, to hold a hearing on October 13, 1980, at 7:45 p.m., to consider rezoning the Gene Peltier property to Ag from R-1. Motion carried 9-0. COLON - FEDERAL LAND COMPANY: Cancelled SEPTEMBER 22, 1980: Cancelled - presently no agenda items. CHRIS CURRAN: Mr. Curran notified the Administrator he will be resigning from the Planning Commission effective September 8. The _ Planning Commission will vote on a Vice -Chairman at the next scheduled meeting. STATUS REPORTS: Michels requested the Administrator keep the Commission informed on the status of old projects that do not come back before the Commission. The Administrator will prepare a status memo for the Commission. ADJOURNMENT: 10:00 p.m. Coming: CtR1 of tke 7iflmu P.O. Box J Thirty-third and Laverne Avenue Lake Elmo, Minnesota 55042 777-5510 AGENDA Planning Comuxission September 8, 1980 7:30 P.M. ---- Meeting convenes - Minutes 7:45 P.M. Public Hearing, Gene Peltier's request for rezoning, if ready 8:15 P.M. Public Hearing, Conservancy Regulations - Public Waters 8:45 P.M. Review Metro Council response to Comprehensive Plan Sept. 22 -- A. Final Review Conservancy B. Colon (Federal Land Co.) PUD at Co. Rd. 19 and Highway 12