HomeMy WebLinkAbout09-18-92 CCMMINUTES APPROVED: 9-1-92
MINUTES ISSUED: 9-11-92
LAKE ELMO CITY COUNCIL MINUTES
AUGUST 18, 1992
Mayor Johnson called the city council meting to order at
7:04 p.m. in the council chambers. PRESENT: Mayor Johnson,
Hunt, Dick Johnson, Mottaz, Williams, City Engineer Prew,
City Attorney Filla and Administrator Kueffner.
1. AGENDA
Add: 5I. Discuss Response to the editorial on Lake Elmo
Airport, 6D. Cottage Grove Ravine Watershed Joint Powers
Agreement.
M/S/P Williams/Mottaz - to approve the August 18, 1992 City
Council agenda as amended. (Motion carried 5-0).
2. MINUTES: August 4, 1992
M/S/P Mottaz/Dick Johnson - to approve the August 4, 1992
City Council minutes as presented. (Motion carried 3-0-2:
Abstain: Hunt, Williams)
MINUTES: August 6, 1992
M/S/P Dick Johnson/Hunt - to approve the August 6, 1992 City
Council minutes as presented. (Motion carried 4-0-1:
Abstain: Williams).
3. CLAIMS
M/S/P Hunt/Dick Johnson - to approve the August 18, 1992
claims #817 thru #857 as presented. (Motion carried 5-0).
4. PUBLIC INFORMATIONAL
5. OLD BUSINESS
A. Budget Workshop
Marilyn Banister, Finance Director, reported that the
proposed 1993 budget has to be submitted to Washington
County by September 15th. The Council scheduled a budget
workshop for Tuesday, August 25, 7:00 p.m. at City Hall.
B. Resolution No. 92-17 Supporting CSAH 13 Study
Committee's recommendation on improvements
M/S/P Mottaz/Dick Johnson - to adopt Resolution No. 92-17 as
amended, Supporting the Recommendation of the CSAH13 Study
Committee for Short and Long Term Improvements to the
Roadway. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1992 2
C. Ordinance 80 Rezoning from Rural Residential to
Agricultural - Tom Soderberg
D. Resolution No. 92- Granting a Conditional Use Permit
for an Equestrian Center - Tom Soderberg
Mr. Dale Froyum, Froyum Associates, indicated he has worked
with the St. Croix Equestrian Center in an advisory capacity
and what they have found is that livestock has to be
integrated into the community; therefore, management
techniques are the key. The number of horses is based on
perceived needs and the number maximizes as the facility
increases or as the use is needed. In terms of the horse
industry this is not a commercial site where there is
buying, selling, trading and daily interchange of horses and
people. This facility is determined to be a service
facility because it provides a service to the public to
participate in another activity that would allow them some
type of recreational goal. The site is a positive site
because of the size and the border of the park (normal
encroachment of housing is not a problem). The plan fulfills
the requirement in terms of safety for horses and
participants and protecting encroachment upon the
neighborhood.
Councilman Mottaz found unanimous agreement with everyone he
talked to from the University of Minnesota to different
cities and stable owners, that 140 horses on this amount of
acreage is too many horses. Mottaz found that the City of
Minnetrista has an ordinance made up after all the stable
owners and people interested in horses in Minnetrista,
together with the Planning Commission and City Council, drew
up an ordinance which does not allow under a commercial
stable operation more than one horse per half acre of
pasturable land. Therefore, he would limit this operation to
70 horses. Mottaz suggested that the City consider adopting
such conditions in an ordinance.
Attorney Filla stated that the owners of the property are
Andrew Inc. and the contract purchasers are Genie Arabians,
Inc. and Tom Soderberg is an officer of this organization.
(Genie Arabians, dba St.Croix Equestrian Center) and that he
had no title concerns on the property.
Attorney Filla, Tom Soderberg and his attorney will meet to
set a step policy on boarding a certain number of horses
over a particular time period based on the best management
practices.
M/S/P Williams/Mottaz - whereas the applicant has agreed to
an extension of time for council consideration of his
request until the September 1st meeting, I therefore move
that this matter be postponed until that time. (Motion
carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1992
The Council acknowledged receiving a letter from Planning
Commission Chairman Wyn John suggesting wording be added as
an introduction to the C.U.P..
E. Limited Business
The Council postponed discussion on uses until they can get
a better reading from the Metropolitan Council staff as to
which of the proposed uses are unacceptable.
M/S/P Mottaz/Williams - to direct the City Administrator to
contact Mary Anderson of the Met Council as to what
potential uses submitted by the Planning Commission and
Mayor Johnson would be allowed or would not be allowed.
(Motion carried 5-0).
F. Ordinance 8069 Manhole Covers (secure & seal)
MIS/ Dick Johnson/Mottaz - to adopt Ordinance 8069
Councilman Williams talked to Mr. Gustafson, Univ of
Minnesota, who stated sealant was not necessary for the
following reasons: odiferous gases are heavier than air and
remain in the tank and if gases do escape the tank but pass
through soil around the lid they are destroyed and sealant
makes it difficult for septic pumpers to remove the lid.
M/S/P Williams/Hunt - to amend the motion to include to
adopt Ordinance 8069 as amended (Delete sentence: Either
method used will require that manhole be sealed with a
sealant such as Rubber Resin Conseal CS-101 or a comparable
equivalent.) Adding Section 701.40 (D)(3)(k)(1)(c) to the
Lake Elmo Municipal Code. (Motion carried 5-0).
G. County Roads 19 and 10 Accidents
M/S/P Williams/Hunt - to direct the City staff to send a
letter to the County Board requesting that they install a
yellow/red flashing semaphore system at the intersection of
County Rd 19 and 10 or explain the reasons why not in face
of the documented number of accidents and fatalities.
(Motion carried 5-0).
H. Comprehensive Plan Amendment Update
Administrator Kueffner reported that the Met Council staff
recommended granting the MUSA extension conditioned upon:
(1) Restricting commercial and industrial land uses to those
that are consistent with the council's new policies for the
general rural use area and (2) Adopt an ordinance to impose
flow restrictions and demonstrate how it will implement a
monitoring mechanism that will insure compliance with flow
restrictions for the MUSA extension area.
LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1992 4
The Ordinance from Medina, who had similar conditions set by
the Met Council, will be used as a base and staff will have
an ordinance ready for the City Council before it goes to
the Met Council on August 27th.
I. Response to Editorial in the St. Paul Pioneer Press
requesting the airport in the east metro be enlarged.
Councilman Mottaz and Mayor Johnson suggested the city
investigate the possibility of annexing that part of Baytown
(Lake Elmo airport and two sections North of 30th Street) to
the City of Lake Elmo.
Councilmen Hunt and Williams didn't think annexing this
property would make any difference as far as what the MAC
does. Before they explore annexation any further, they would
want to see some documentation that we would actually gain
some kind of control.
M/S/ Williams/Mayor Johnson - to direct the staff to write a
letter to MAC objecting to any expansion of the level of
usage of the Lake Elmo Airport beyond the current plan
At a Planning Commission meeting, Rita Conlin suggested
getting together with the Baytown Planning Commission to
discuss land uses along our common borders. Administrator
Kueffner indicated this would be an appropriate time to
discuss this issue.
M/S/F Mottaz/Mayor Johnson - to amend the motion to include
we favor the MAC expansion activity at Holmen Field rather
than expanding activity in the east metro area. (Motion
failed 2-3: Hunt, Dick Johnson, Williams: the tone of the
editorial was not that activities of Holmen should be
prevented from expanding further, but that they should be
reduced from what they are currently and that the difference
in traffic should be directed over here.)
M/S/P Williams/Mayor Johnson - to direct the staff to write
a letter to MAC objecting to any expansion of the level of
usage of the Lake Elmo Airport beyond the current plan and
the city staff contact the staffs of Baytown and West
Lakeland and inform them of what we are doing and request
that they send similar letters. (Motion carried 5-0).
6. PLANNING/LAND USE & ZONING:
A. Thoroughfare Plan
M/S/P Hunt/Williams - to direct the Planning Commission to
schedule a public hearing on the Thoroughfare Plan as an
amendment to the Comp Plan at their earliest convenience.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1992 5
Councilman Williams questioned if there was incorporation of
( topography into the alignment of the roads. Example given
was Fox Fire Manor Second Addition where there are steep
slopes. Other concerns were looking at right angle
intersections if at all possible and access points on state
and county roads.
B. Street Light Request - Oakdale Gun Club
Douglas Reed, Oakdale Gun Club, is requesting a street light
installed on the power pole 20 feet east of their driveway
at 10386 North loth St. They feel a street light in this
location will be an important safety item for their members
and for public shooters who use the range.
The City Administrator will inform the propertyowner of city
policy on street light requests and also inform them of the
option that the propertyowner could install driveway lights
to delineate their driveway.
C. Valley Branch Watershed District Appointment
The Council received a letter from Gordon Moosbrugger asking
for consideration of recommending him to the Washington
County Board of Commissioners for reappointment to the Board
of Managers of Valley Branch Watershed District.
M/S/P Mottaz/Williams - to defer any action for the present
time and invite Gordon Moosbrugger to attend the September
1st council meeting and request Dick Johnson contact Dick
Murray as to if he is interested in this appointment.
(Motion carried 5-0).
D. Cottage Grove Ravine Joint Powers Agreement
The Council was asked to review the original agreement
(1984) as well as the August 4, 1992 amendment to understand
the wording change.
M/S/P Hunt/Williams - to submit the final copy distributed
to the Council before it is passed along to the Watershed
Board. (Motion carried 5-0).
7. CITY ENGINEER'S REPORT:
At their August 4th meeting, the Council authorized the City
Engineer to solicit bids for patching and spot overlay work
in the amount of $12,000 and to prepare plans and specs for
parking lots at DeMontreville Park and Fire Station No. 2.
M/S/P Dick Johnson/Hunt - to authorize $12,000 for street
repair improvements. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1992 6
M/S/P Mottaz/Williams - to authorize $6,000 for Fire Station
No. 2 parking lot. (Motion carried 5-0).
M/S/F Hunt/Mottaz - to authorize $16,000 for a 40-stall
parking lot at Demontreville Park. (Motion failed 2-3:
Williams, Mayor Johnson, Dick Johnson).
The Parks Commission recommended approval of a 30-stall
parking lot because they felt this was a typical two team
requirement.
M/S/P Williams/Dick Johnson - to authorize a 30-stall
parking lot at Demontreville Park per Parks Commission
recommendation. (Motion carried 4-1: Mayor Johnson -just not
do anything at all this year.)
Street Maintenance Utilitv Plan:
The Council added this to the August 25th Budget Workshop
agenda in order to tie it in with the CIP of the Maintenance
Dept.
Surface Water Utility will be added to the August 25th
Budget Workshop.
8. CITY ATTORNEY'S REPORT:
A. Status Reports: Olson and Section 32 Annexation
Attorney Filla reported that the Supreme Court will not
consider either appeal.
Filla reported the sign is more than 200 sq.ft. and the
structure is bigger than needed to support 200 sq.ft. The
Council directed the Attorney to request Jamie Olson comply
with the court order and with our conditional use permit.
B. Derrick Lots
Attorney Filla reported he has not heard anything further
from Derrick Land, however, the citation for grading and
excavation without a permit is on the court calendar for
September. Filla will talk to Larry Bohrer regarding
amending that part of code to not permit a modified mounding
system anywhere else in the City.
9. CITY COUNCIL REPORTS:
LAKE ELMO CITY COUNCIL MINUTES AUGUST 18, 1992 7
Resolution to Municipal Board:
( At the August 4 meeting Mayor Johnson reported that the
Council directed that he, Attorney Filla, the Administrator
prepare a resolution requesting the Municipal Board on their
own authority detach and annex a portion of Section 32 and
Section 33 to Lake Elmo because it is totally surrounded by
the City. He will try to have a draft resolution ready for
the next council meeting.
Employee Evaluations:
M/S/P Mottaz/Williams - that the employee evaluations be
completed by September 1st, 1992. (Motion carried 5-0).
10. CITY ADMINISTRATOR'S REPORT:
A. Resolution No. 92-18 appointing election judges for
September 15 primary and November 3 general election
M/S/P Williams/Mottaz - to adopt Resolution 92-18,
Appointing judges for September 15 primary and November 3
general election. (Motion carried 5-0).
B. Computer for Fire Department
M/S/P Mayor Johnson/Dick Johnson - to authorize expenditure
not to exceed $3800 to PC Express from the capital outlay
budget for a computer and printer, including purchase of
software and a tape backup. (Motion carried 5-0).
C. Reschedule September 15, 1992 Meeting
The City Council rescheduled their September 15th Council
meeting because it falls on Primary election to Wednesday,
September 16th at 7:00 p.m.
M/S/P Mottaz/Hunt - to adjourn the city council meeting at
11:30 p.m. (Motion carried 5-0).
----------------------
Resolution No. 92-17 Supporting the recommendation of the
CSAH13 Study Committee for short and long term improvements
to the roadway
Resolution No. 92-18 Appointing election judges for
September 15 primary and November 3 general election
Ordinance 8069, Adding Section 701.40 (D)(3)(k)(1)(c)
Manhole covers
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