HomeMy WebLinkAbout01-11-88 PZMThe Planning Commission is an advisory body to the City Council.
One of the Commission's functions is to hold public hearings and make
recommendations to the City Council. The City Council makes all final
decisions on these matters.
Lake Elmo Ordinances require that certain documents and
information be included in applications. The Planning Commission may
postpone consideration of an application that is incomplete and may for
other reasons postpone final action on an application.
For each item, the Commission will receive reports prepared by
the City Staff, open the hearing to the public, and discuss and act on the
application. If you are aware of information that hasn't been discussed,
please fill out a "Request to Appear Before the Planning Commission" slip;
or, if you came late, raise your hand to be recognized. Comments that are
pertinent are appreciated.
AGENDA
LAKE ELMO PLANNING COMMISSION
JANUARY 11, 1988
7:30 p.m. 1. Agenda
2. Minutes: November 23, 1987
December 14, 1987
3. Upcoming Requests
4. City Council Update
7:45 p.m. 5. Section 32-33 Discussion
A. Work Committee Report
B. Further Discussion
6. Comprehensive Plan Update
A. Assignment of review sections to Planning
Commission members
(see attached staff cover sheet of 12-14-87)
7. Other Business
8. Adjourn
x. .
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LAKE ELMO PLANNING COMMISSION MINUTES
JANUARY 11, 1988
Chairman DeLapp called the Planning Commission meeting to order at
7:35 p.m. in the City Council chambers. Present: DeLapp, Williams,
Stevens, Kunde, Haacke, Enes, Bucheck, Johnson, Hunt. Absent:
Simpson.
M/S/P Bucheck/Enes - to nominate Steve DeLapp for the position of
Chairman of the Planning Commission. (Motion carried 9-0).
M/S/P Bucheck/Hunt - to nominate Margorie Williams as Vice-chairman of
the Planning Commission. (Motion carried 9-0).
M/S/P Enes/Williams - to nominate Ann Bucheck as Secretary of the
Planning Commission. (Motion carried 9-0).
1. Agenda
Add: 6. Update on Chapter V-Technical Data Appendices,
Code Enforcement, 8. Ordinances
M/S/P Williams/Bucheck - to approve the January 11, 1988
Commission agenda as amended. (Motion carried 9-0).
2. Minutes: November 23, 1987
7. Building
Planning
M/S/P Williams/Bucheck - to approve the November 23, 1987 Planning
COmmission minutes as presented. (Motion carried 7-2-0 Abstain:
Johnson, Stevens).
Minutes: December 14, 1987
M/S/P Williams/Stevens - to table the December 15, 1987 Planning
Commission minutes for further discussion on Chapter III Land Use
Management. (Motion carried 9-0).
3. Upcoming Requests
January 25, 1988
Section 32-33 Discussion
Compreheive Plan Update
4. City Council Update was provided.
•5. Section 32-33 Discussion
A. Work Committee Report
• Chairman DeLapp explained that they were expecting to have a response
from Oakdale as to how they wanted to address this issue of annexation
and tax increment financing, etc. The Commission was then going to
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 11, 1988 PAGE 2
take their proposal and see how it fits into Lake Elmo's possibilities
and make a determination that would be best for everybody. After
hearing nothing, DeLapp called the Community Development Director Fred
Bromer and asked what was going on because the information was ready
one day before the December 14th Planning Commission meeting. Bromer
stated he did not know what DeLapp was talking about.
DeLapp then called Craig Mattson, Oakdale City Administrator, who
informed him that when this topic came up on the City Council agenda
in Oakdale that he was ordered to have nothing to do with the topic
whatsoever. But if anybody wanted to attend the Lake Elmo Planning
Commission meeting on January llth, it would be fine with them. In
the minutes it was recorded that no one indicated they would be able
to attend. A copy of these minutes were sent to Section 32-33
landowners.
B. Further Discussion
David Johnson explained his reaction to Oakdale's comments was that
when the City Council was asked to allow staff to prepare information
to identify what they might as a City do in respect to this property
in terms to facilitate the commercial development on there, the
reaction of the City Council was they do not want to go through and
lay out before them and get into a bidding war because this was not
their intention.
Carl Rudeen stated in his discussion with an Oakdale Councilmember who
stated that they are not sending anyone because they do want to get
into a hassle with the City of Lake Elmo on a political basis. He
felt if the people of Section 32 wanted to come in and join Oakdale
all they had to do was get a petition with signatures and sent it
through the proper channels without coming to Lake Elmo to ask them if
they can do it. Marge Williams responded that the State Statutes
state that the two cities would have to be in an agreement --the
people cannot decide.
Bob Dreher reported that 100 percent of the propertyowners in Section
32 have signed this petition. Not all the people in Section 33
have signed this petition. Rudeen added that if it goes over a
certain number of acres the petition'_ doesn't have to be signed by 100
percent of he property owners. Dave Johnson was surprised to hear
this and felt that some propertyowners within Section 32 took it upon
themselves to petition because he is not a party of this and has 25
acres in Section 32.
Marge Williams commented that a lot of cities were going into Tax
Increment Financing. The towns of Eagan and Apple Valley have done
this and their taxes are going sky-high. The most recent information
they are getting, not only from the Metropolitan Council but from
other Planning Commissions around the nations, is that they are going
back to the old attitude. Developers pay for their own developing and
the City should not take on that risk. This is being pushed by the
Metropolitan Council and by people in the planning business, but also
by a networking of cities nationwide because cities are going broke
financing development projects.
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 11, 1988 PAGE 3
Lee Hunt referred to Oakdale's City Council minutes of November 24,
1987 where Mayor Hudalla asked the Council if they would have interest
in a development to be located north of the Oakdale Mall which would be_
rend units and would include 24 senior citizen units. Councilmember
Merle felt that the developer would be using the senior citizen
housing as a way to obtain tax increment financing and asked that
Mayor Hudalla tell them no. Hunt felt perhaps we should start to look
at creative ways to go around taxf Ecrement finances that might have
the same affect. A special use team would serve the same function,
but removes some risk from the City and places it on the end user of
the property. Hunt would like to have a commitment from the people
who will be moving in and putting,businesses that they would be
staying around also. in
Rudeen added that there is a string of houses out there that need
sewer and the easiest way for them to get it is to hook onto the sewer
that comes under the road. Marge Williams expressed the point that
the cost for upgrading their septic system versus going on a sewer
system. Just because the sewer assessments were paid it does not mean
that this ends the financial responsibility. Once sewer comes there
are hookup charges and continuing assessment charges on sewer use.
Ann Bucheck asked the large property owners if anyone had come to them
and proposed to buy their land. The answer given by Mrs. Brockman was
that many developers have. Ann asked what have these developers said
to them regarding sewer and water. Mrs. Brockman answered that they
came to Lake Elmo asking for information and the City just laughs at
them. The developers would rather go to Oakdale rather than try to
work with the City and end up bickering as is happening now at this
meeting.
Mrs. Brockman further explained that they have had many close
agreements, but were contingent on a•ftl-ess sewer and water was being
available. They have gone through an Environmental Impact Study and
found out how much it would cost for all of their property --but
someone came in from the outside, who didn't own a square inch of land
on that property, took over the whole meeting. None of the property
owners could say anything --all they -talked about was how much is this
going to cost the rest of Lake Elmo. The property owners said they
don't want to bear all the costs, but they have to have some type of
20 year financing --they can't expect propertyowners to bear
$300,000-$400,000 up front.
Ann asked the propertyowners if they had an 'Wale address anra,m
developer bought their property at this timA,nwould they expectAt`lfe
City of Oakdale or what type of financial treatment would have to take
place for the sewer and water to come through. Mrs. Brockman
responded that Oakdale would charge them over a period of time, but
Lake Elmo wants them to pay up front. DeLapp stated that Oakdale told
him on the telephone they would not front money for development. They
guaranteed him that under no circumstance would they do this.
Barb Haacke felt that regardless if whether Oakdale will or won't help
them, if these propertyowners think they will and they want to become
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 11, 1988 PAGE 4
part of Oakdale, she doesn't understand why we want to hang onto them.
Mrs. Brockman stated this was something they didn't want to do, but
was forced to do it referring to a letter from their attorney, Lyle H.
Eckberg, which stated that the Minnesota Municipal Board acknowledges
receipt of the petition for concurrent detachment and annexation from
the City of Lake Elmo to the City of Oakdale.
Dave Johnson, ConnCo Shoes, felt the discussion at this point was
digressing not progressing. His understanding was the Council charged
the Planning Commission to look at the proposal that was before them
and review it as an advisory capacity and respond back to the Council.
If the Planning Commission recommends that they do not think that the
City should do anything, the propertyowners would know and then they
can go on. It is not what Oakdale will do or not do, that is for
them to decide. DeLapp interjected that he already determined that
because Oakdale will not put any water or sewer in Section 32 unless
there is a signed contract which was told to him by Craig Mattson.
Johnson said this was a startling development to him and he would
follow this up with a phone call to Mr. Mattson.
Chairman DeLapp further stated that there isn't any City willing to
spend any amount of money to bring in sewer and water without a
project in mind that they are fully happy with and the financing is
sound. Craig Mattson stated that if there is such a project Lake Elmo
would be just as happy with it as they are --so why would Lake Elmo
want the land annexed.
Ed Stevens felt the City was asked by the Section 32 propertyownrs if
they wanted to compete with Oakdale. No way is Lake Elmo going to try
to compete with Oakdale to see which one can offer more inducements to
the landowners to stay in Lake Elmo and not to go to Oakdale. Stevens
added that it looks to him that Oakdale has turned around and has had
second thoughts and said maybe they don't want to spend the money.
Now it appears the landowners come here and say if Oakdale won't do
it, maybe Lake Elmo will do it afterall. The landowners echoed that
this was not the scenario at all.
Ann Bucheck tried to move the meeting along by clarifying a few items.
Right now in our Comprehensive Plan they have said all along, it was
the developer's responsibility to put in any kind of improvements that
are needed in order to develop his property. She asked the property
owners if they are asking if the City is willing to get bonds to help
with water and sewer and if so under what circumstances. Johnson
(Connco Shoes) felt this would be helpful and they could progress with
this. Bucheck recapped what the propertyowners want to know what are
the rules and regulations and how might they compromise from what the
norm is.
Councilmember Don Moe explained that on November 17th the Council
charged the Planning Commission to work with the Section 32-33
landowners. He asked the Commission who have they talked to and what
figures have they come up with. Marge Williams responded that they
are not paid to do this. Moe told the Commission that the Council
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 11, 1988 PAGE 5
gave them the direction to do this work and report back to them in
60-90 days. DeLapp added that Moe cannot order them to do City
Administrator's work --the commission was asked to review a proposal by
the City of Oakdale that would be forthcoming.
Bucheck felt that one issue to discuss is that the landowners would
like some kind of help with financing of sewer and water. Barb Haacke
stated that the City Administrator was going to have someone from the
HRA to come and speak to the Commission on finances. Bob Drehrer
said there were State Agencies that could provide information on
financing. Another issue to look into was Section 414 in the State
Statutes regarding annexation. A landowner asked who was going to
educate the Mayor because he had stated at a Council meeting that the
Section 32 landowners couldn't leave, except over his dead body.
Williams suggested contacting the MN Economic Development Council
because they have individuals with this expertise. Johnson (ConnCo
Shoes) suggested inviting a credible individual come in to explain Tax
Increment Financing. DeLapp felt he has attended enough seminars to
know exactly what Tax Increment Financing is --in reality, it is the
City willing to do this without a development.
which
Williams brought up another issue which is quality of life and is very
difficult to put a dollar on. If you have land and want to develop it
and make money, quality of life means nothing. But if you are an
average citizen who lives here and enjoys their low taxes and the
area, there is a quality of life you have to examine whether it is
worth becoming somewhat like Oakdale which has a bad reputation as far
as quality of life.
Lee Hunt felt approaching a bank would be an alternative to Tax
Increment Financing which has the same effect. The financing would be
against the land and the development, it would not be paid up front,
but in installments much the way Tax Increment Financing would. It
could be staggered such that the payment would not start until the
land would be developed. Perhaps the Bank of Lake Elmo would be
willing to promote development. Hunt believes the Bank of Lake Elmo
would be very happy to see as much development asthby could. DeLapp
gave the example if he wants to rebuild his septic system, would he go
to the bank or go to the City for the money.
Lee Hunt wanted to go on record that he would be glad to work with
anyone involved from the landowners or the Planning Commission and see
what they could do about approaching and getting private financing.
He is not a representative of the City, the City is not saying they
will be making any guarantees to the bank. If the Bank is willing to
promote development and the land ners are willing to work with them
t� (along with Lee), see if a p-x 5v a� could come up with a proposal
in the next coupleAweeks. Lee will report back to the Planning
Commission. Commission member Dave Johnson volunteered to work with
Lee Hunt on finding alternative financing methods other than Tax
Increment Financing.
M/S/P Williams/Haacke - to have Lee Hunt and Dave Johnson look into
alterative financing for Section 32. (Motion carried 9-0).
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 11, 1988 PAGE 6
M/S/P Bucheck/Stevens - to have Lee Hunt and Dave Johnson contact the
appropriate individuals to attend the Planning Commission meeting so
the Commission could learn about Tax Increment Financing or any other
financing. (Motion carried 9-0).
Mr. Rudeen stated that the Mayor wished to spend $125,000 to stop a
landfill which is their money that they paid in taxes and the City has
saved it, which is good. He was not in favor of a landfill which will
not bother them in Section 32, why should they contribute. Rudeen
pointed out the inbalance and felt this was the same thing they were
asking of them. DeLapp explained that they look at this as one city.
Rudeen interrupted DeLapp that he was looking at one City his way --no
development and no help from the City.
Marge Williams suggested that Section 32-33 discussion be put on the
February meeting agenda and suggested the landowners call the City
Office or Chairman DeLapp to confirm the meeting date.
6. Comprehensive Plan Update
A. Assignment of review sections to Planning Commission members
Commissionmember Ed Stevens presented a draft of the Parks and Open
Space System for the Planning Commission's review. Stevens commented
that he did not have the exact figures of the area of the parks, but
hoped that whoever put the figures in used the correct figures. Ed
felt the following paragraph should be added: "A potential threat to
park land in Lake Elmo is the proposal to locate a sanitary landfill
in the Regional Park. All governmental agencies in Lake Elmo, several
in the surrounding areas, a citizens group are united in opposition of
this degradation of park land".
DeLapp reported that he was approached by a Parks Commission member
who had a policy that he would have liked proposed to him. This
member felt it was time to figure out a way to get land donated to
these people so they can go to their own park by their development and
not have to go to other (people's) parks. DeLapp talked to this
member about this draft and he felt this was great and just what the
Parks Commission was talking about.
Ed Stevens will call Nancy Hansen to confirm the area of the parks and
the policy of requiring park land and report back to the next meeting.
Ann Bucheck commended Ed on a fine job he did on the Parks and Open
Space System Section.
M/S/P Haacke/Hunt - to approve Appendix H Parks and Open Space System
replacing H. Recreation Facilities of the 1986 Compreesnive Plan to
include the paragraph regarding the landfill; contingent on the area
of the parks within the City is confirmed. (Motion carried 9-0).
Chairman DeLapp passed out a work draft of the Appendix F. Natural
Features and Resource Assessment for the Planning Commission's review.
LAKE ELMO PLANNING COMMISSION MINUTES JANUARY 11, 1988 PAGE 7
Marge Williams reported on the status of Chapter V - Technical Data
Appendices. Appendix B. Housing -Existing and Project prose is fine.
Appendix I. Sewage Facilities-OnSite and Sewered needs updating from
the most current statistics and some reference to the 201 Project.
Rob Enes has been working on this. Marge suggested asking City
Engineer Bohrer if there is going to be mandatory pumping to help
maintain this system.
Appendix J. Other Community Facilities -Most of this is allright.
Appendix K. Supplemental Planning Considerations would require
reviewing what the surrounding communities have done. Get an update
from Oakdale and Woodbury as to where they are in terms of current
development. Marge will work on this.
7. Building Code Enforcement
Chairman DeLapp made a recommendation on new construction use of a
sprinkler, particularly commercial, but if applicable, residential.
DeLapp's thoughts are they should not have a weaker code than anybody
does. The State of Kentucky has a stronger code on fire protection
than we do. DeLapp felt we should start strengthening our code. He
didn't realize it was just a washed out version that we were putting
before the City and suggests adopting the Edina code and forget about
it. Then he would know that someone has done some research in it.
This will be a work item.
8. Ordinances
Chairman DeLapp had copied the Sign and Billboard Ordinance for the
Commission's review.
9. Other Business
Chairman DeLapp handed out highway counts for 1987 and 2010 prepared
at his request by MnDOT for the Commission's information.
Marge Williams reported that a few commissonmembers attended the State
Planning Seminar and listened to Bob Snyder talk on proposed
legislation dealing with state planning issues.
Councilman Don Moe stated that he was not in favor of the proposed
Residential Estates zoning because of the areas the Commission is
planning on putting it. Moe voiced the concern that the people who
own that property may not want this. DeLapp felt it has nothing to do
with what they want to do with their land, but has to do with what
would be desirable for the City. DeLapp explained that this was an
optional category that someone could get into if they wanted to.
DeLapp added that Moe was only looking at it from a parochial view of
a few landowners who are his neighbors such as Gene Peltier. The
Commission looks at it as a whole City. Johnson stated his only
objection to RE was that he would like to see some of these areas
commercial. Hunt responded that this was an overlay district and does
not affect the underlying zoning.
M/S/P Stevens/Eves - to adjourn the Planning Commission meeting at
10:30 p.m. (Motion carried 9-0).