HomeMy WebLinkAbout06-12-89 PZMRAUENHORST CARLSON & KNAAK
ATTORNEYS AT LAW
ROSEDALE CORPORATE PLAZA
2665 LONG LAKE ROAD
ROSEVILLE, MINNESOTA 551 1 3
SARAH E ARENDT TELEPHONE:
KATHLEEN K. RAUENHORST (612) 631-1080
FREDERIC W. KNAAK FAX:
MEUSSA A. MILLER (612) 631.1531
STEVEN P. CARLSON
June 13, 1989
Pat Morrison
City Administrator
3800 Laverne Avenue
Lake Elmo, Minnesota 55042
Re: City Council Minutes adoption procedures
Dear Pat:
Recently you contacted our office and indicated some concerns were being raised
about the method used to amend minutes of the City Council meetings in Lake
Elmo.
In particular, you have asked whether or not the procedure by which the clerk
inserts either deletions or inclusions plainly in the record next to the pre-
viously drafted language is appropriate.
We have reviewed the authority which exists in Minnesota on the matter and
conclude that the current method is an appropriate one under the provisions of
Minnesota law.
We note that the requirements of Minnesota Statutes §412.151 outline the
necessity for taking accurate minutes by the clerk, but that particular provi-
sion does not provide for any details as to the nature of the minutes taken.
The obligation to take accurate minutes however, has been reflected in addi-
tional authority. The Minnesota Attorney General, in a written opinion, A.G.
0p. 470-c, June 18, 1959, opined that if a city council found a mistake in the
unapproved minutes of a previous meeting, the clerk should change the minutes to
reflect what actually occurred at the direction of the city council. If the
clerk declines to make such a change, the council can order the change by motion
and a vote. The clerk must then make the change and show in the minutes that
the change was made by order of the council.
The opinion of the Attorney General deals specifically with the situation where
there is a difference of opinion between the clerk and the city council as to
what actually occurred at the meeting. In such an instance, the opinion does
indicate that the majority of the council is to prevail, but the clerk has the
right to note that vote and the materials in dispute as a part of the subsequent
council minutes in record.
Pat Morrison
June 13, 1989
Page Two
More commonly, where a mistake or inadvertance are found, the clerk may amend
the minutes at her own initiative prior to there adoption by the city council or
upon suggestion by the city council of such an adoption.
This Attorney General opinion corresponds well with the provisions of Roberts
Rules of Order, adopted as the rules of procedure of the City Council in matters
not expressly covered by the ordinances.
Those rules, impertinent part, provide as follows:
Minutes are usually amended (corrected) informally, the chair
directing the correction to be made when suggested. But if objec—
tion is made, a formal vote is necessary for the amendment. The
minutes may be corrected whenever the error is noticed regardless of
the time which has elapsed; but after their adoption, when too late
to reconsider the vote, they require a 2/3 vote for their amendment,
unless previous notice of the proposed amendment has been given,
when only a majority vote is required for its adoption, the same as
with the motion to recind. This is necessary for the protection of
records, which otherwise would be subject to the risk of being tam—
pered with by temporary majorities. The numbers prefixed to
paragraphs, articles, etc., are only marginal indications that
should be corrected by the secretary, if necessary, without any
motion to amend. Roberts Rules of Order, Revised 1915 Edition, at
page 147 et seq. (Morrow Quill, 1979)
As this authority indicates, when there is any dispute as to the contents of
the minutes, a motion is required. We would recommend, based on the
authority, that when there is a dispute as to contents of the minutes, the
motion correcting the minutes be entered into the subsequent record or minu—
tes. The City would then have the choice of either correcting the final
approved version, as is currently the case, or reflecting those corrections in
subsequent minutes.
'In case where there is not dispute and the matters are involving error and
technical corrections, it is our assessment that it is unnecessary and poten—
tially confusing and cumbersome to include those insertions and deletions in
any subsequent record or final record of the minutes as recorded in the minu—
tes book.
Pat 'Morrison
June 13, 1989
Page Three
Please advise us if you have any further questions concerning this matter and
if we can be of further assistance to you.
Very truly yours,
RAUENHORST CARLSON & KNAAK
6441/ 4t-
Frede*t(W. Knaak
Lake Elmo City Attorney
FWK:jlm
LAKE ELMO PLANNING COMMISSION MINUTES
MAY 8, 1989 PAGE 4
Administrator Morrison presented and explained the Future Land Use Map
that the City Council agreed upon at their worksession of May 4, 1989.
Morrison suggessted the PZ consider Four Business Districts: Urban
Business in Section 32 and part of 33; Brookman General Business; Old
Village Historic Area and the Highway Business along I-94.
Steve DeLapp explained the text of the Comp Plan had to corrrespond
with the Future Land Use Map that was approved. The Comp Plan
Sub -Committee will revise the text and bring the plan back to the
Planning Commission.
M/S/P Stevens/Haacke - to support the general concept of the Future
Land Use Map that was approved by the City Council. (Motion carried
7-1: DeLapp: He supported the Map subject to the PZ developing Highway
Business standards as low impact.)
7. Procedure for Approved Minutes
Steve DeLapp recommended that we not distribute markups of our "Draft"
minutes as our "Approved" minutes.
Some of the Commission members supported what the City Attorney
advsied; they cannot erase what has been said at the meetings.
M/S/P Johnson/Haacke - to support the existing process of distributing
the Approved Planning Commission Minutes. (Motion carried 6-2:
DeLapp,.Bucheck).
M/S/P John/Conlin - to adjourn the Planning Commission meeting at
10:15 p.m. (Motin carried 8-0).
LAKE ELMO PLANNING COMMISSION MINUTES
JUNE 12, 1989
Chairman Enes called the Planning Commission meeting to order at 7:40 p.m.
in the City Council Chambers. Present: Enes, DeLapp, Conlin, Dick
Johnson, John, Stevens (arr::8:40)and City Administrator Morrison. Absent:
Haacke, Bucheck, Johnston, Dave Johnson, Kunde.
1. Agenda
M/S/P Dick Johnson/Conlin - to approve the June 12, 1989.Planning
Commission agenda as presented. (Motion carried 5-0).
2. Minutes:
M/S/P Dick Johnson/DeLapp - to approve the May 22, 1989 Planning
Commission minutes as amended. (Motion carried 4-0-1 Abstain: John)
3. PUBLIC HEARING: Linder Greenhouse, Inc.
Amendment to Conditional Use Permit to Allow Completion of Stage 1
of the Greenhouse Construction
Chairman Rob Enes opened up the public hearing at 7:45 p.m.in. the City
Council chambers.
Public notice was duly published and sent.
Linder Greenhouse, Inc. has made application for an amendment to their
Conditional Use Permit to allow for completion of Stage I of their
greenhouse construction.
Basically, all of the requirements of their CUP have been completed, Rob
Linder stated, the triple treeline and the ponding area is 75 percent
completed for their 20 year proposal. Linder stated they have put in more
ponding area than is required of them for now, simply because it is easier
for them to contract it out only one time.
Dick Cormier, 8742 15th St. N., stated he has lived there 35 years and
everything the Linders have said they would do --they have done. Their
greenhouse business is good for the neighborhood. In five years it will
be hidden by the trees so it will not even be seen. In his estimation,
the Linders are doing farming, but only in pots. Besides that, they have
straightened out a mess on 15th Street.
Kirby Sampson, neighbor living on 15th St., stated his well, which was in
the acquifer above where the Greenhouse is in, has gone dry, and he is in
the process of drilling a new well. He didn't object to the Linder
operation, but has a concern on their water useage.
Rob Linder responded that their water is regulated by state rules. They
use most of their water during their growing season, the months of
February thru May, where residents use water all year around. They do not
use 10,000 gallons of water a day, which Linder stated is the limit
above which the user must receive a State permit. (Amended 6-26-89)
LAKE ELMO PLANNING COMMISSION MINUTES JUNE 12, 1989 PAGE 2
Chairman Enes closed the public hearing at 7:50 p.m.
(Amended 6-26-89) appears to be no can
teve DeLapp: Air/e/ Thereetia y/ standards upon which we /Ob/U/1,d/ base our
evaluation,64 because the code has no limitations; as to number, sizelof
buildings or how they should be designed. Legally, a CUPAhh.ouId be'
granted automatically unless there a e sandards listed in the Code that
prohibit it. Steve suggested that^paeemise ' its vote on "there is no
basis shown to deny.this amendment". (*or requested change in the
previously granted CUP,)
Dick Johnson: He felt Steve brought up a good point, impervious coverage
is not addressed in the Ag Zone.
M/S/P DeLapp/Dick Johnson - Upon the basis that the applicant has
fulfilled the intent and conditions of the original CUP and has applied
for an expansion that is not prohibited by our ordinances, the PZ
recommends approval by the City Council of the amended CUP to Linder
Greenhouse to allow for construction of a 30,000 sq.ft. greenhouse;
including the condition the City Engineer be required to check fulfillment
of the ponding requirement. (Motion carried 5-0).
4. PUBLIC HEARING: Rezoning from Ag to R1-and Approval of Development
Plan for "The Forest"
Rob Enes opened up the public hearing at 8:15 p.m. in the City Council
chambers.
Public Hearing notice was duly published and sent.
The City Council has approved, by resolution, the General Concept Plan for
"The Forest". The public hearing for the rezoning required from Ag to R.1
and approval of the Development Plan is the next stage of the PUD.
Bob Engstrom advised the Commission "The Forest" is a plan for 18 single
family detached homesites, in the $200,000-$350.,000_price range, on a 50
acre site located on County Road 17. Engstrom stated it is their intent,
once the approval is made, they would apply for a permit that would allow
a wildlife enhancement area with a walking trail.
Larry Bohrer's review of "The Forest" was submitted at the meeting to the
Planning Commission members.
Gene Peltier, 10376 Hudson Blvd., owns property on three sides of the
proposed development. Gene stated he was opposed to the destruction of
one of the few wildlife refuge in the County, particularly of that
density. He added, the City does not have a shortage of building sites
and doesn't think we should destroy the home of wildlife for the sake of a
few enjoyments. He recommends the City, County or State get together
through an agreement to buy this property to preserve it for wildlife
because there is an immense amount of wildlife onthis piece of property.
Sandy Bradley, 520 Lake Elmo Avenue N., asked if an environmental impact
study had been done because she was certain that the pond and woods area
is protected by the DNR. She noted the topography of the wooded land is
higher than the wetland area and they are proposing 18 septic systems that
are actually going to drain into that wetland area because of installing
them on a higher level.
LAKE ELMO PLANNING COMMISSION MINUTES JUNE 12, 1989 PAGE 3
Administrator Morrison will check with the DNR to see if there is any
protected wetlands.
Engstrom responded their proposal is not to touch the ponding area. Based
on the visual inspection of the property, believes with a certain amount
of excavation/creation he can create and enhance the wildlife potential.
Ray Salus, 404 Lake Elmo Avenue N., lives directly to the east of this
property, asked what impact 18 homes will be on his Ag operation as he
farms and raises animals --Will you shut me down? He believes Lake Elmo
should start thinking about the future and get going on it. He feels this
property in his area is commercial property; it has Trans City Investments
located near it. "This is prime commercial poperty down there", Salus
stated, "and the City should give alot of consideration on permitting this
I to gio thru and putting homes in this area.
proposa
Chairman Enes closed the public hearing at 8:30 p.m.
Steve DeLapp felt it was totally unfair to the applicant and the PZ
members by receiving the City Engineer's report last minute. Engstrom
stated the engineer's report caught him off guard and wasn't prepared to
answer the engineer's comments. Engstrom explained they would soil test
each lot to make sure they have adequate perculation for each lot prior to
submitting the final plat and knew the burden was on them to come up with
perkable soils.
Dick Johnson voiced his concern on possible restrictions because of the
soil conditions and the overall affect of not being able to build on some
lots.
Referring to a previous proposed development, Steve DeLapp stated, even
though the soils were bad, as long as the platting meets the physical
requirements in terms of setbacks, road widths, etc., whether the soils
perk or not would be contingent on whether a house could be built on it.
The actual platting of the lots was independent of this, and the PZ could
not find any evidence that would indicate contrary to that.
Wyn John voiced his concern with the overall concept changing if you find
the lots are unbuildable because they cannot pass a perk test and felt
this aspect should be addressed at this state. Wyn was reluctant in
granting approval on the assumption that corrections can be found for a
mound system to provide a drainfield because you cannot get a system on
the normal topography that is existing.
M/S/P Dick Johnson/John - to postpone action in order to review the City
Engineer's memo and request the City Council approve the attendance of the
City Engineer at the June 26th PZ meeting to address his concerns stated
in his review. (Motion carried 6-0).
5. ROAD WIDTHS
Each PZ member was asked to submit their written comments on road widths.
Steve DeLapp presented his proposed road widths, which were recommended by
LAKE ELMO PLANNING COMMISSION MINUTES JUNE 12, 1989.PAGE 4
Bob Owens, 3M Corp, Traffic Engineer and according to the National Traffic
Engineering standards. Steve questioned, "on what basis did the City
Engineer and Public Works Supervisor recommend 32 foot wide roads".
Wyn John responded he respected Bob Owens' judgement, but didn't see Mr.
Owens dealing with cul-de-sacs with 10 or 20 homes on it, and felt his
(Wyn's) proposal presented adequate road width.
The Commission reviewed the road width recommendations and agreed to the
following guidelines for road widths within the City of Lake Elmo. (See
Appendix A).
M/S/P Dick Johnson/DeLapp - to recommend City Council approval of these
proposed guidelines for road widths within the City of Lake Elmo. (Motion
carried 5-0-1 Abstain: Conlin: she would support these guidelines, but
felt this was not answering the Council's request of the PZ.).
Wyn John reported that the Parks Commission was considering a potential
park siting for the northeast section of Lake Elmo and in the area (along
loth Street) where the Heritage Development has been proposed. The
Commission favored dedicating 10% of their land, which the City could
decide what to do with it later, and submitting a park dedication fee.
Consideration will be given to changing our park ordinance as part of the
RE ordinance.
M/S/P Stevens/John - to encourage the City Council to consider bike paths
within the City, wherever possible separate bike paths, and request the
Parks Commission come up with an overall plan for the City. (Motion
carried 6-0).
6. OTHER
The Council had directed the PZ to consider the RE Zoning and I-94 Freeway
Development Zoning ordinances as top priority. The Commission set up
sub -committees and selected Steve DeLapp as Convenyor Chair for the RE
Sub -committee and Rita Conlin as Convenyor Chair for the Interstate
Freeway Development Zoning Sub -Committee.
Rob Enes reported he would be attending a meeting by the Washington County
Plannng Dept. to address development standards along the 1-94 corridor.
M/S/P Dick Johnson/DeLapp - to adjourn the Planning Commission meeting at
10:35 p.m. (Motion carried 6-0).
APPENDIX A June 12, 1989
LAKE ELMO PLANNING COMMISSION'S
ROAD WIDTH PROPOSALS
I PROPOSE THE FOLLOWING GUIDELINES FOR ROAD
WIDTHS WITHIN THE CITY OF LAKE ELMO:
1. AS A GENERAL PREMISE, ALL RIGHTS OF WAY
SHOULD BE BASED ON A MINIMUM WIDTH OF 48', EXCEPT
WHERE TOPOGRAPHY RESTRICTIONS ( STEEP SLOPES, LAKE
SHORES ETC.) WOULD IMPOSE AN UNACCEPTABLE
CONSTRUCTION COST IN CREATING SUCH A RIGHT OF WAY
WIDTH.
2. WITHIN THE RIGHT OF WAY CREATED, THE WIDTH OF
THE TRAVELLED WAY MAY VARY ACCORDING TO NEEDS AS
FOLLOWS:
CUE, DE .SACS SERVING LESS THAN TEN HOMES
TOTAL - 20-FT` MINIMUM WITH NO PARKING PERMITTED ON
THE ROADWAY. CONSTRUCTION TO BE BITUMINOUS CURBED
OR BERMED AS DEEMED APPROPRIATE.
22;, CUL DE SACS SERVING MORE THAN TEN HOMES -
,.$ FT MINIMUM, AGAIN WITH NO PARKING PERMITTED ON
THE ROADWAY.
WHERE CUL DE SACS ARE DESIGNED SUCH THAT
THERE IS NO FEASIBLE WAY WHEREBY THEY COULD BECOME
A THROUGH ROAD, THE WIDTH OF THE ASSOCIATED RIGHT
OF WAY MAY BE REDUCED TO A MINIMUM OF 16 FT WIDER
THAN THE TRAVELLED WAY.
with natural landscape center is an s
TURNAROUNDSAAT THE END OF THEPCUL DE SALE TO
BE ADEQUATE FOR THE MINIMUM TURNING CIRCLE OF
STANDARD EMERGENCY VEHICLES.
GENERAL ROADWAYS IN RESIDENTIAL DISTRICTS,
NOT DEFINED AS "THROUGH ROADS" - 28 FT MINIMUM,
PARKING PERMITTED ON ONE SIDE ONLY.
"THROUGH ROADS" OR ROADS ANTICIPATED TO
BECOME MSA ROADS - 32 FT WIDE AS DEFINED BY CITY OF
LAKE ELMO URBAN STREET TEMPORARY SECTION, DRAWING
NO 2 FOR R-1 THRU R-4 ZONES. -1U
16 Ft. /d'/
RESIDENTIAL ONE WAY ROADS - lot FT ROADWAY
WITHIN A 14iF.RIGHT OF WAY. SEPARATED ONE WAY
ROADS FORMING A FEATURE OF A PROPOSED RESIDENTIAL
DEVELOPMENT WOULD HAVE CENTERLINES AT LEAST 26
FEET APART.
GENERAL CONSIDERATIONS:
I HAVE DESCRIBED BITUMINOUS CURBS ABOVE.
IN MY EXPERIENCE, THESE CURBS DO NOT SURVIVE SNOW
PLOW DAMAGE. ANOTHER TYPE OF CURB - SAY OF
CONCRETE, WHICH CAN BE EASILY REPLACED IN POSITION
AT THE END OF WINTER AFTER BEING DISPLACED BY SNOW
PLOWS SHOULD BE CONSIDERED.
A MAJOR FACTOR IN THE RURAL LIFE STYLE OF
LAKE ELMO, IS THE USE OF ROADWAYS FOR PHYSICAL
FITNESS - RUNNING JOGGING OR WALKING. IT IS A
CONCERN THAT THE ROAD DESIGN SHOULD TAKE ACCOUNT OF
THE GROWING SAFETY NEEDS OF PEDESTRIAN USERS, BY
ADDING PAVED PATHWAYS ON ROAD SHOULDERS, AND
REFUGE RECESSES WHERE THE TOPOGRAPHY INCREASES THE
INHERENT DANGER FROM TRAFFIC.
M/S/P Dick Johnson/DeLapp - to recommend City Council approval of
these--p=rpp.aa# guide1ines for Road widths within the City of Lake
Elmo. (Motion carried 5-0-1 Abstain: Conlin: she would support these
guidelines, but felt this was not answering the Council's request of
the PZ) .
M/S/P Stevens/John - to encourage the City Council to consider bike
paths within the City and wherever possible separate bike paths,
and request the Parks Commission come up with an overall plan for
the City. (Motion carried 6-0).
The 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
JUNE 12, 1989
7:30 p.m. MEETING CONVENES
1. AGENDA
2. MINUTES: May 22, 1989
7:45 p.m.
3. PUBLIC HEARING: Linder Greenhouse, Inc.
Amendment to Conditional. Use Permit to Allow
Completion of Stage 1 of the Greenhouse Construction.
8:15 p.m. 4. PUBLIC HEARING: Rezoning from AG to Ri and
approval of Development Plan for The Forest.
5. ROAD WIDTHS
6. OTHER
7. ADJOURN
LAKE ELMO PLANNING COMMISSION MINUTES MAY 22, 1989 PAGE 2
Dick Johnson: He saw this as a very similar operation as to Bergmann's
( Sun Country,and he is not unhappy with what they are doing. (Peat moss,
pottery, etc. are broungt in from elsewhere to be sold.) Items needed to
be addressed is traffic, affect on adjacent landowners, and developing a
plan so not to lower safety traffic standards on this intersection, and he
would like to receive input from the adjacent homeowners.
Rita Conlin: This would be a nice Ag use, but 20+ acres is too small of
acreage and would like it to be closer to 40 acres required in Ag Zoning.
She could understand why he would like to place it there on Highway 36,
close to Bergmann's Sun Country and the Apple Orchard.
Rob Enes: He was in favor of this type of business, but he was uneasy with
them not having the required 40 acres.
Barb Haacke: It's true this doesn't fit into our FLUMap, but it is also
true that we encourage alternate agricultural uses if they preserve 38.5
acres out of 40 acres. The winery is a unique business, but she was
concerned there was not 40 acres, and if there is more land available, he
could purchase this land. She also had a concern on the traffic because
DeMontreville is a terrible intersection. However, there might be less
traffic with a winery than if we put houses out there.
Steve DeLapp responded to Barb's comment with "what would his hardship be
for not being able to have 40 acres of farmland in Lake Elmo when we have
approx. 8,000 acres available and at the right price to be purchased."
Steve considered this a self-created hardship.
The City Administrator will write a letter to Mr. Knox, listing the
Planning Commission's concerns on the winery.
4. COMPREHENSIVE PLAN - WORK PLAN (Richard Johnson)
Dick Johnson, Chair. of the Comp Plan Sub -Committee, explained the Plan of
Action for the completion of the Comp Plan text in conformance with the
Land use Map.
Ann Bucheck asked how can we best help the process to speed up so we can
get the Comp Plan done? Ann had spoken to the County and was told Lake
Elmo was the last community they will do maps for.
Steve DeLapp made the following motion, but added "we are not looking for
unchartered ground in this Comp Plan that might be a cause for it not
passing, but are looking for additional facts that we already agreed on
but may have been overlooked".
M/S/P DeLapp/Haacke - to adopt the Plan of Action, as presented, for
completion of the Comp Plan Text in conformance with the Land Use Map.
(Motion carried 8-0). CStt bPPCNOt.X PO,
A. Future Land Use Map Amendments
Administrator Morrison pointed out the amendments the Council agreed upon
to the Future Land Use Map at their May 16th Council meeting. It was
noted that the major reason for holding these two areas, in the Downs Lake
LAKE ELMO PLANNING COMMISSION MINUT
MAY 22, 1989
Chairman Enes called the Planning Commission meeting to order at 7:32 p.m.
in the City Council chambers. Present: Enes, Bucheck, DeLapp, Haacke,
Dick Johnson, Stevens, Conlin, Dave Johnson (arrived 7:55 p.m.), and
Administrator Morrison. Absent: John, Johnston, Kunde.
1. AGENDA
M/S/P Haacke/DeLapp - to approve the May 22, 1989 Planning Commission
agenda as presented. (Motion carried 7-0).
2. MINUTES: May 8, 1989
M/S/P Dick Johnson/Haacke - to approve the May 8, 1989 Planning Commission
minutes as amended. (Motion carried 7-0).
3. CONCEPT PLAN: Minnesota Winegrowers Co-op
Mr. Charles Knox, President of the Minnesota Winegrowers Cooperative, had
submitted information (site map and building plans) on a winery (store
with retail sales) and planting a small vineyard on property (zoned rural
residential) located at the southeast corner of DeMontreville Trail and
Highway 36.
Rob Enes stated he had suggested to Mr. Knox that the Commission discuss
the feasibility of this project before he comes before the PZ with a site
plan.
Ed Stevens: Does he expect to bring in grapes or wine produced elsewhere
and sell it? How much does he have to sell to make a viable operation?
How much wine can be raised from a 10 acre parcel? We have a business
district on I-94 and not on Highway 36.
Steve DeLapp: He is trying to do farming with sales on 20+ acres --Does
this coincide with the City Ordinances and the Comp Plan. In order to
help answer this question, Steve passed out three questions that needed to
be addressed. We had decided that commercial businesses should be located
in the Old Village or along I-94, not in the northern part of our City.
Ann Bucheck: She considered a winery'Ag in nature, but he did not own 40
acres needed for Ag Zoning and encouraged him to look for other Ag land
for sale. Mr. Knox should be told that this does not go along with our
FLUMap and our Comp Plan.
Dave Johnson: He was in favor of the use and could not see this as a
large retail business. If he had enough land to be zoned Ag, he could see
a CUP for this retail business.
LAKE ELMO PLANNING COMMISSION MINUTES MAY 22, 1969 PAGE 3
Sub -watershed District, as RR is the lack of a City Surface Water
Management Plan for that area. The Council wanted to Keep it low
density until a plan is in place that will avoid any future water problems
in the Downs Lake Watershed District.
Ann Bucheck advised the Commission of the addendum to the Downs Lake Study
by Karen Chandler of Barr Eng. Based on this study, and in order to avoid
any future water problems, she requested that the entire Downs Lake
Subwatershed District be included in this Post Surface Water Management
Plan on the FLUMap.
M/S/P Bucheck/DeLapp - to recommend to the City Council to not rezone to
any higher density than it is now (RR or AG) all of the land in the Downs
Lake Sub -watershed District be included in the land that is now Post
Surface Water Management Plan on the Future Land Use Map. (Motion carried
6-2: Enes: He needs numbers as to the percentage of land that is in the
Downs Lake Sub -watershed and tends to trust what the City Council has come
up with; Haacke: She agrees with Rob, but still stands by the Future Land
Use Map that the PZ approved 3 or 4 weeks ago instead of making changes).
PZ Member, Ed Stevens presented the statement signed by PZ members
designating their understanding of a business district along I-94 when
they voted for accepting the new Lake Elmo Zoning Map which includes 2.5
and 5 acre lots and a business district along I-94.
M/S/P Dick Johnson/Conlin - the PZ supports the general concept of the
Future Land Use Map, as amended by the City Council on May 16th, with the
understanding the PZ will work on redrafting the highway ordinance for the
area along I-94 to fit within our rural atmosphere. (See Ed Steven's
submittal statement). (Motion carried 5-3: Dave Johnson: He didn't think
the vote was necessary. He supported the FLUMap, but didn't support
additional statements to that map; Bucheck: She felt the Downs Lake
Sub -watershed District should be included in the FLUMap before it was
voted upon; Haacke: She voted against the motion because she didn't think
the vote was necessary).
5. Road Widths - PZ Members' Recommendations
Each Planning Commission member was asked to submit their respective
recommendation for road widths. City Engineer Bohrer provided a map
indicating various types of streets, a list of the local roads having MSA
designation, and his report on road standards.
Ed Stevens stated reasons why the City would like to see narrower roads:
Local roads should be narrower than the State Aid road for RE and RR. The
lower cost of narrower roads make it possible for a developer to buy land
which a landowner wants to sell. Roads should be curved wherever
possible, when land contours (slope). Curved roads improve the appearance
and tend to reduce speed.
Ann Bucheck submitted her recommendation, which Ed Stevens agreed vikhb :on
road standards for residential developments. Steve DeLapp submitted his
recommendation for road design standards for MSA roads, Commercial
district, Ag zoned land and new residential areas.
LAKE ELMO PLANNING COMMISSION MINUTES MAX 22, 1989 PAGE 4
Rita Conlin didn't feel the PZ was addressing the Council's request. She
felt the Council did not ask the PZ to come up with new standards, but
asked when, or under what conditions, should they vary. Rita asked the
Commission to be cautious when they go against the suggestions of the City
Engineer and Fire Dept.
M/S/P Bucheck/Haacke - to request the PZ members, if they cannot mail
their comments on road widths, submit their written comments into the City
by Wednesday before the next meeting in order to include them in the
packet and any comments from the Road Sub -Committee be submitted in
writingdand come prepared to discuss Road Widths at the meeting. (Motion
carried 7-0-1 Abstain: Dick Johnson had stepped out of the meeting when
this vote was taken.)
6. Appointment of Representative to Parks Committee
The City Council requested that the Parks Commission review in the context
of the Future Land Use map areas within the City which they deem to be
appropriate for open space and/or park land.
Nancy Hansen, Chair. of the Parks Commission, requested that the PZ
appoint a representative (in an advisory capacity only) to work with the
Parks Committee on this project.
Rob Enes advised the Commission that Wynn John expressed interest in being
this representative, but Rob has been unable to confirm this appointment
with Wyn.
M/S/P Bucheck/Dick Johnson -
as the Representative to the
only) that he be appointed.
the PZ recommends Ed Stevens
7-1: Dave Johnson: He would
their representative).
If Wyn John is willing to accept the position
Parks Commission, in an advisory capacity
If he is not able to accept this appointment,
receive this appointment. (Motion carried
like to see a voting member be designated as
7. Committee Assignments
A. Residential Estates Ordinance
This Sub -Committee consists of: Ann Bucheck, Dave Johnson, Steve DeLapp.
B. Freeway Business Ordinance
This Sub -Committee consists of: Dave Johnson, Steve DeLapp, Rita Conlin
C. Village Historical District
This Sub -Committee consists of Barb Haacke, Steve DeLapp, Marge Williams
with an invitation extended to Jim Hagstrom who stated. an interest in
serving on this committee. A suggestion was made for this committee to
contact the Wash. County Historical Society.
Chairmen of each of these Sub -Committees will inform the staff as to when
they will meet. These meeting notices will be posted on the bulletin
board in City Hall.
LAKE ELMO PLANNING COMMISSION MINUTES MAY 22, 1989 PAGE 5
9. Adjourn
M/S/P Dave Johnson/DeLapp - to adjourn the Planning Commission meeting at
10:05 p.m. (Motion carried 8-0).
APPEND:EX A
DATED: May 18, 1989
PLAN OF ACTION: COMPLETION OF COMP PLAN TEXT IN CONFORMANCE
( WITH LAND USE MAP
I. Mary, Dick & Pat: Revise text in format of 1979 Plan
and in conformance with Future Land Use Map and 1986
Comp Plan
II. Final Plan submitted to Planning Commission Sub -committee
for Review.
III. Joint Meeting of Planning Commission/Council Review
Final Plan, with Sub -committee formal recommendations,,
IV. Planner Review for Format & Content
V. Council submit to Planning Commission for Review,
Action and Public Hearing.
VI. Final Plan to Council for formal adoption.
VII. Comp Plan sent to surrounding communities for review.
VIII. Comp Plan to Met Council.
�pz
t
Ann Bucheck does not believe any land outside of Section 32 and
that land within the PIUSA line in Section 33 should be rezoned to
R-1 at this time. The reasons behind this decision include the
following:
1) The voters at the last election stated by their votes
they want to have Lake Elmo remain a rural residential
city.
2) The 1979 and the 1986 comprehensive plan both state
our city wishes to maintain a rural atmosphere.
3) The Tietropoli.tian Council has asked the Lake Elmo
maintain a rati❑ of 1 house per 10 acres. In order to
keep the ratio low and stay within the projected
population forecast I feel we could downzone RR from
1 house per 10 acres to 1 house per 2 1/2 to 5 acres.
If we allow further downzoning we will not be true to
our projected population and housing ratios.
4) The land which is presently zoned RR does allow people
to build homes and therefore we are not taking away
the right of the landowner to good use of his land.
The City Council requested that the Parks Commission review
the Future Land Use Map for designated park areas.
LAKE ELMO PLANNING COMMISSION May 22, 1989
M/S/P Bucheck/Dick Johnson - to appoint Wyn John, if he is
willing, as representative to the Parks Commission. If he
cannot make this appointment, Ed Stevens will fill this
appointment. (Motion carried 7-1: Dave Johnson: He would
like to see a voting member of the PZ be selected as the
representative).