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Home My WebLink About10-21-97 CCMPage 1 10721-97 LAKE EL110 CITY COUNCIL MEETING List of Claims for Approval For the period 10/06/97 to 10117197 10/11/97 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM HU18ER ANOUNT S S I OFFICE PRODUCTS, INC. OFFICE SUPPLIES 10111197 6350 21.84 100-41500-290 21.34 '19ASHINGTON COUNTY TREAS. COST OF ASSESSMENT SERVICES 10 /17 197 6351 210.00 100-41500-200 210.09 TAUTGES REPAIR 6 CO SEPTIC PUMPING TRAINING 10 117 197 6362 361.25 109-41500-297 361.25 ST. CROIX OFFICE SUPPLIES OFFICE SUPPLIES 10111197 6353 153.69 100-41590-200 153.69 TRUGREF.N CHEMLAWN CITY HALL WEEDS 10/17/97 6354 137.39 100-41500-400 137.39 STILLWATER GAZETTE LEGAL PUBLICATIONS 10117197 6355 302.06 100-41500-351 302.06 BJORKMAN, JIM 3RD QTR FIRE COMP 10117197 6356 427.18 100-42200-193 132.00 100-42200-122 -1,82 RICHARD SACHS 3RO QTR FIRE COMP 10117/97 6357 866.11 100-42204-103 073.00 100-42200-122 -6.89 JAMES SACHS 3RD QTR FIRE COMP 10117197 6360 733,87 100-42280-103 738.90 100-42200-122 -4.13 LEONEL VEROEJA 3RD QTR FIRE COMP 10117j97 6359 187,41 100-42100-103 192.00 100-42200-122 -4.59 EDER, JOHN 3RD QTR FIRE COMP 10(17197 6360 629.11 100-42200-103 636.90 100-42200-122 -6.89 GREG MALMQUIST 3RD QTR FIRE COMP 10117197 6361 607.49 100-12290-103 513.40 100-42200-122 -5.51 DUROW, DAVE 3RO QTR FIRE COMP 18117197 5362 713.11 100-42200-103 129.09 100-42200-122 -6.89 KEN MARTENS 3RD QTR FIRE COMP 10117197 6363 348.25 100-42200-103 351.00 100-12290-122 -2.75 8ERIAR0Y, P A U L 3RD QTR FIRE COMP 10117197 6364 249.25 150-42205-103 252.00 100-42200-122 -2.75 SCHILL, CLIFF 3RD QTR FIRE COMP 10117(97 6365 389.80 100-42200-103 396.00 100-42200-122 -6.20 PEPIN, DOUG 3RD QTR FIRE COMP 10/17197 6366 426.49 100-42209-103 432.05 100-42200-122 -5.51 JOHNSON, BRIAN 3RD QTR FIRE COMP 10111/97 6367 309.49 100-42200-103 315.00 100-42200-122 -5.51 HOWARD, CHRIS 3RD QTR FIRE COMP 10/11/97 6366 426.49 100-42200-103 132.00 100-42205-122 -5.51 DAVIS, DENISE 396 QTR FIRE COMP 10J17197 6369 390.49 100-42200-103 396.00 100-42200-122 -5.51 VAN DEMMELTRAAOT, MARK 3RD QTR FIRE COMP 10117f97 6370 623.89 100-42200-103 630.00 100-42200-122 -6.20 BRAD WINKELS 3RD QTR FIRE COMP 10111197 6371 381.49 100-42200-103 387.90 100-42200-122 -6.51 HARTMAN, AARON 3RD QTR FIRE COMP 10117197 6372 98.31 100-42200-193 99.00 100-42200-122 -0.69 SHAWN O'BRIEN 390 QTR FIRE COMP 10117197 6373 454.87 100-42200-103 459.00 109-42200-122 -4.13 SPRING86RN, RICH 3RD QTR FIRE COMP 10/17/97 6374 676.41 100-42200-t03 681.00 100-42200-122 -4.59 GRADES, BRANT 3RD QTR FIRE COMP 10117 19 7 6375 318.25 100-42200-103 351.00 100-42280-122 -2.75 KABFENBERG,SCOTT 3RD QTR FIRE COMP 10/17/97 6376 265.07 100-42200-103 270.00 100-42200-122 -4.13 ANGELA GRANGER 3RD QTR FIRE COMP 10117/97 6377 296.79 160-42250-193 300.00 100-12209-122 -3.21 RUSS SCHMIDTZ 3RD QTR FIRE COMP 10 117 197 6378 82.62 100-42200-103 84.00 100-42200-122 -1.38 RICHARD SACHS, JR 3RO QTR FIRE COMP 10111197 6379 433.41 100-42200-103 138.00 ,4. Page 2 - 10-21-97 List of Claims for Approval For the period 10/06/97 to 10/17/97 1OJ17/97 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT 109-42200-122 -4.59 FOREMOST FIRE PROMOTIONS FIRE PREVENTION MATERIAL 10/17/97 6380 228.14 109-42290-431 228.14 LEHMAN BROTHERS PRINTING FIRE PREVENTION MATERIAL 10/17/97 6301 55.40 190-42200-431 55,00 JAMES EHNSTROM FIRE DEPT CLEANING SOLVENT 10/17/97 $382 102.00 100-42200-220 102,00 PHYSIO CONTROL CORP. FIRE DEPT SUPPLIES 1@/17/97 6383 22.43 100-42200-217 22.43 POSITIVE PROMOTIONS FIRE PREVENTION MATERIAL 10/17/97 6384 287.32 100-42200-431 287.32 UNIFORMS UNLIMITED FIRE DEPT UNIFORMS 10117/97 6385 98.49 110-42200-218 98,49 GENERAL SAFETY EQUIPMENT CO, NEW FIRE TRUCK 10/17/97 6386 147,150.00 410-42200-550 147,150.00 METRO FIRE FIRE DEPT SUPPLIES 10/17/97 6387 562.77 100-42200-217 562.77 ST CROIK ANIMAL SHELTER SEPTEMBER ANIMAL IMPOUNDING 13/17/97 6338 220.65 100-42700-418 220.65 STILLWATER TIRE & AUTO CENTER BLDG INSP VEHICLE to117197 6389 238.66 100-42400-331 238.65 PETERSON FRAN & BERGMAN SEPTEMBER LEGAL 10117/97 6390 9,673.00 100-41600-300 9,072.00 803-41600-300 601.00 CAMPBELL KUNTSON PROFESSIONAL ASSN. BAYTOWN BOUNDARY ADJUSTMENT 10/17/97 6391 480.00 100-41600-300 480.00 PRECISION PAVEMENT MARKING 47TH & 53RO STREET STRIPING 10117/97.6392 2,423.20 100-43100-408 2,423.20 VIKING INDUSTRIAL CENTER PUBLIC WORKS SUPPLIES IBJ17/97 6393 54.00 100-43100-223 54.00 YOCUM OIL Co PUBLIC WORKS FUEL IR117197 6394 260.14 100-43100-212 260.14 GOPHER STATE ONE -CALL PUBLIC WORKS MISC 10117/97 6395 35.75 100-43180-223 85.75 YOUNG & SONS ELECTRIC, INC. WIRE GARAGE DOORS AT STATION 2 & PW 10117197 6396 400.09 100-42200-401 200.00 100-43100-520 200.00 KREMER SPRING & ALIGNMENT PUBLIC WORKS EQUIPMENT MAINT. 10/17/97 6397 318,70 100-43100-221 318.10 MENAROS PUBLIC WORKS & PARKS SUPPLIES 10117/97 6398 308.4S 190-43199-223 182.65 100-45209-219 125.80 BRYAN ROCK PRODUCTS LIONS PARK AG LIME 10/17/97 6399 273.47 109-45200-219 273.47 OAKDALE, CITY OF SEPTEMBER WATER PURCHASED 10/17/97 6400 B06.81 601-49400-250 806.81 OAKDALE, CITY OF WAC CH48GES FOR 3 NEW HOMES 10/17/97 6451 1,500.00 601-49400-405 1,500.00 TOTAL FOR MONTH 177,001.56 177,001.56 TOTAL YEAR TO DATE 177,001.56 177,001,56 Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. LAKE ELMO CITY COUNCIL MEETING TUESDAY, October 21, 1997 7:00 p.m. MEETING CONVENES Pledge of Allegiance 1. AGENDA 2. MINUTES: October 7, 1997 October 8, 1997 Special Meeting 3. CLAIMS 7:15 4. PUBLIC INFORMATIONAL/INQUIRIES: A. Recent issues with Lake Elmo Airport concerning Cargo Planes:Lee Hunt MAC • EAW Process B. Vacancies on Planning and Parks Commissions C. Manning Avenue Connection EAW-Proposed schedule D. Other 7:30 5. CITY ENGINEER'S REPORT:. A. Receive Janero Avenue Feasibility Report and schedule Public Hearing Resolution B. Revised Engineering Standards C. Wetland Treatment Ordinance D. Money for auto -dialer alarm system 7:50 6. PARKS/MAINTENANCE DEPARTMENT/FIRE DEPARTMENT: A. Staff review on damage oak at driveway: Ed Stevens, 10133 47'" St. N. 8:00 7. PLANNING, LAND USE & ZONING: A Continuation of Open Space Concept Plan: Brockman Property B. Site and Plan Review, Office Building: Steve Erban C. Minor Subdivision, Lowell Reed Estate D. Zoning Text Amendment in General Business (GB): Vet Clinic E. Conditional Use Permit, Vet Clinic, 3417 Lake Elmo Avenue F. Conditional Use Permit, 10824 Hudson Blvd.: Karen and Glen Lownsberry G. Amendment to CUP, Vali-Hi Drive In: Robert J. O Neil H. Draft PCS Ordinance 9:10 BREAK (Over) LAKE ELMO CITY COUNCIL MEETING OCTOBER 21, 1997 LAKE ELMO CITY COUNCIL AGENDA OCTOBER 21, 1997 8. UNFINISHED BUSINESS: A. Study Team for future City Facilities:Lee Hunt lead short discussion B. Review and recommend changes to Policy for Animal Control (Cont. from 9-16-97) C. Research billing residents for recycling (Continued to 11-4-97) D. Reimbursement for Washington County Deputies in Lake Elmo Park Reserve (Continued to 11-4-97 E. Background on flag lots (Continued to 11-4-97) F. Finding site for long term well along 1-94 Corridor and water assessments for sewered area: Tom Prew, (Continued to 11-4-97) 9. CITY ATTORNEYS REPORT: 10. CITY COUNCIL REPORTS: A. Mayor John B. Councilmember Conlin C. Councilmember Dunn D. Councilmember Hunt E. Councilmember DeLapp 11. CITY ADMINISTRATORS REPORT A. November 4, 1997 Council meeting: Change time or Date B. Other 12. ADJOURN LAKE ELMO CITY COUNCIL MEETING OCTOBER 21, 1997 DRAFT City of Lake Elmo City Council Meeting Tuesday, October 21,1997 Mayor John called the meeting to order at 7:00 p.m. in the Council Chambers of City Hall, 3800 Laverne Avenue North, Lake Elmo, Minnesota. Present: Councilmembers DeLapp, Dunn. Also present: City Attorney Filla, City Engineer Prew, City Planner Pung-Terwedo, City Administrator Kueffner. 1. AGENDA Administrator Kueffner added:. 1) Table the minutes from 10/8/97 Special Meeting, 2) Washington County Captain Mike Johnson; agenda Item 4A.1, 3) Update: Consolidation Study; Agenda Item 4F, 4) Springsted, re: Fiscal analysis, Agenda Item 7I. M/S/P DeLapp/Dunn — to approve the agenda for 10/21/97, as amended. (Motion Passed 4-0). Mayor John welcomed the members of Den 2 to the Council meeting. Councilmember Conlin arrived at 7:05 p.m. 2. MINUTES M/S/P Dunn/Conlin — to approve the October 7, 1997 City Council meeting minutes, as amended. (Motion Passed 3-0-1). Abstain: Mayor John, who did not attend that meeting. Councilmember Hunt arrived at 7:10 p.m. 3. CLAIMS M/S/P DeLapp/Conlin to approve the October 21,1997 Claims #6350 - #6401. (Motion Passed 5-0). 4. PUBLIC INFORMATIONALANQUIRIES 4A.1 Captain Mike Johnson, Washington County Sheriffs Office, distributed current statistic sheet regarding deputy activity in Lake Elmo, said he would try to get a Sheriff s representative to attend all City Council meetings, said the goal and intent was to keep staff and Council informed, commented on the positive impact of the newly formed Cimarron Coalition. Councilmember Conlin asked if Captain Johnson had any suggestions to curb the increasing vandalism in City Parks. He said the parks have secluded parking areas, and this could lead to problems, but he is aware of this issue. 4.11 Recent Issues with Lake Elmo Airport concerning Cargo Planes. Councilmember Hunt suggested a public representative from Lake Elmo, West Lakeland and Baytown be formed to lobby for what is in the best interests of the communities regarding the early a.m. (5:30-6:00) noise created by Cargo Planes routed to Lake Elmo Airport. MS/P Hunt/DeLapp — to form a public group with West Lakeland, Baytown and Lake Elmo which will follow the plans of the Airport and how they could influence the MAC and minimize the impact of this reliever airport on the community. (Motion Passed 5-0). 4.0 Vacancies on Planning Commission and Parks Commission Michael Gralzyk 3358 Lake Elmo Avenue North Has been a resident of LE for 10 years, private pilot, tradesman, college grad, concerned that the "old village" area become more pedestrian friendly, likes small town atmosphere. M/S/P Conlin/Hunt — to appoint Michael Gralzyk, 3358 Lake Elmo Avenue North as the second alternate to the Planning Commission. (Motion Passed 5-0). Kent E. Dubbe 9710 53'd Street North Resident, personal interest in volunteering service, involved in strategic planning, BS and MA in Management and Strategic Planning, concerned with short and long term goals of the Parks in Lake Elmo. M/S/P Dunn/DeLapp — to appoint Kent E. Dubbe, 9710 53'a Street North as the second alternate to the Parks Commission. (Motion Passed 5-0). 4.0 Manning Avenue Connection EAW - Proposed schedule Barb Engle 55th Street (Resident from Baytown) It is her understanding that the study was to determine the "need" for the connection. Asked why upgrading the road being proposed should go through a wildlife (DNR protected lake) area. Opposes the manner in which Washington County Public Works Department is conducting this study. Feels they are not environmentally sensitive. Received a letter from WCPWD Octoberl4, 1997, which said they would be on her property October 20, 1997, and that they would take court action if not allowed on their land. Feels there has been strong-arm intimidation tactics. Asks the LE City Council to withdraw their support for this Environmental Study. Mayor John said the proposed study would include the no build is also part of the environmental assessment worksheet. It has not been discarded. In the absence of the work done so far, was only half a study, the full study will say what the impact will be. There are three other alternates. He said he always supports the no build option. Without the full study, the full impact will not be seen. Councilor DeLapp asked that it be noted that the Lake Elmo City Council did not support the $45M , the Mayor wrote a letter (not on City Letterhead). Mayor John said he wrote the letter, not from City of Lake Elmo. Councilor Hunt suggested that since the Highway 5 and Highway 36 intersection is adequate, why add another major intersection with Highway 36. Lake Ehno City Council Meeting 10/21/97 2 Administrator Kueffner stated she had attended the County Board meeting, which ended in a split vote, but they did vote to continue the study to determine once and for all, if it was environmentally feasible. Said the environmental impact is huge. Asked what will happen 5 or 10 years down the line and there is an incomplete study. The County Board made the decision to go along with this expenditure, not Mayor John. Stated Molly Shodeen (DNR) is currently working on this issue, as well, but this won't happen overnight. Said the reason this is on the agenda is so that the people can keep "hammering away" at this issue. Will invite the Washington County Public Works Director to the next City Council Meeting in order to discuss how his staff has reacted to the residents. Mr. Eilers Supports the logic, in terms of having a complete study. Concerns about the way the study is being conducted, i.e.; `fox open or close the hen house door". The person who heads the study did not see the land, only looked at maps. Feels she is not suitable for major highway development. Said she is too busy. Since study has been started, mandated doing what ever she wants to do, including calling and threatening his flange, and how they will be going on the land. Feels they should have been talking with the Engles. Said she does not have a clue as to what is really going on in the area. Concerns about the competency of how the study is being set up. Feels a true environmental study should be done by an agency with no vested interests in whether the project goes through or doesn't go through. Said the Highway department was studying something that is worded with the help of their a consulting agency who said at a workshop "by just simply shying roads, this compensates everybody for the environmental issues ". Said this was crazy thinking. Said the spill over of salt for one winter, to make the road safe, could effect the wetland. Bothers him that we are spending money to have somebody who is not competent do an environmental study to prove that therefore, they should go ahead. Wants the County to hire an independent agency to do the environmental study. Carol Palmquist 12202 55t' Street North Baytown Has a lack of trust for the Public Works Representatives. The City Administrator said she believes Mr. Wisnewski should be accountable for what his staff has done, and include verbatim minutes of this section of the meeting. M/S/P Hunt/DeLapp — to staff be directed to send verbatim minute section to Mr. Wisnewski and invite him to the next City Council meeting to respond to some of the criticism his Department has received from the public and to discuss the process. (Motion Passed 5-0). Administrator Kueffner said she wants to publish the proposed schedule of upcoming meetings relating to the Manning Avenue Connection EAW in the City newsletter so the public can continue to monitor this what is happening. M/S/P Dunn/DeLapp — to direct staff to publish the proposed EAW workshop schedule in the City Newsletter. (Motion Passed 5-0). Lake Elmo City Council Meeting 10/21/97 3 4.D Consolidation Study — Update Administrator Kueffner reported she had sent letters to all that were in attendance at the joint Lake Elmo/Baytown meeting that did not sign up for a committee. Said she feels the need is there for more representation from Lake Elmo. Said there was a 511 ratio of Baytown representatives vs. Lake Elmo representatives. Said the Fire Department was pulling together their plan, taking trial runs, Mayor John said he too, was disappointed at the number of Lake Elmo residents that attended the meeting. Administrator Kueffner said she had been in contact with Washington County Sheriffs Office, and that things were "off & running." Said it will all fit together and they break up into small groups. Some will get copies of the comprehensive plan, some zoning information and try to work out an agenda Suggest appointment their own chair and set their own meetings which could occur City Hall, hangars at LE Airport of Fire Hall. Also, Jim Gelbman would be attending the next meeting. Councilor DeLapp said there were about 70 people from Baytown and 15 people from Lake Elmo. If we are going to have a balanced committee, more from Lake Elmo must respond. Administrator Kueffner suggested the Commission members from Lake Elmo, who may have expertise in these areas would be a good resource for communicating. Councilor Hunt said a "booklet" could be published which detailed the process and may be very informative to residents. 5. CITY ENGINEER'S REPORT 5.A Janero Avenue Feasibility Report City Engineer Prew said the costs for this project is high. Said this is currently a private road and residents need to donate the right-of-way for this winter plowing. Clarified the meeting date with the residents is Wednesday, November 5, 1997 at City Hall. Councilor Hunt stated that any City participation on a private road was not appropriate. M/S/P DeLapp/Dunn — to adopt Resolution 97-52 receiving the feasibility report and call a public hearing on improvement of Janero Avenue (from 31" Street South). (Motion Passed 5-0). 5.13 Revised Engineering Standards City Engineer Prew reported he has made modifications to the City's Engineering Standards, specifically, the major change is in drawing 707 (taken from City of Lake Elmo Standard Details Index), which would refer to the installation of concrete curb and gutter. M/S/P Hunt/Conlin — to adopt the revised Engineering Standards as proposed by the City Engineer (and direct staff to prepare the corresponding ordinances). (Motion passed 4-1). Opposed; Dunn — no data available on a cost savings. 5.0 Wetland Treatment Ordinance City Engineer Prew reviewed the draft ordinance adding Section 720, alternate waste disposal system -wetland treatment system to the 197 Lake Elmo Municipal Code. Lake Elmo City Council 10/21/97 Councilor DeLapp asked staff for cost analysis on implementing holding tanks vs. not. M/S/P Dunn/DeLapp — to postpone until the November 4, 1997 City Council meeting. (Motion Passed 5-0). Councilor Conlin suggested the developers be assessed for the costs to further analyze these Wetland treatment Systems. 5.1) Money for auto -dialer alarm system. City Engineer Prew said he had talked with City Finance Director Marilyn Banister, and was told it was OK to get the money from another fund and should not postpone purchase. 6. PARKS/MAINTENANCE DEPARTMENT/FIRE DEPARTMENT 6.A Staff review on damage oak at driveway: Ed Stevens,10133 47t6 Street North Councilor Hunt asked if the City could make a determination of responsibility for the oak tree dying. Administrator Kueffner said staff did not pursue that avenue after in was determined the tree was not on the City right-of-way and it is not the City's responsibility. M/S/P Conlin/Hunt — to advise Mr. Stevens that the dying Oak Tree referenced in his letter of October 9, 1997, is not on City property and therefore, removal of the tree is the responsibility of the property owner. (Motion Passed 4-1) Opposed; DeLapp. 7.A Continuation of Open Space Concept Plan: Brockman Property City Planner Pung-Terwedo said it was determined that the open space development concept plan presented provides adequate street access to the properties to the east and no additional modifications to the plan are necessary. Introduced a memo (attached) from Tim Freeman, who is representing the east boundary property owner. Mike Gair, Land Planner agreed to a traffic -calming device within the development, which will be reflected at the preliminary plat stage. The councilors discussed their concerns regarding "flag lots". Councilor Conlin said we do not allow flag lots in other zoning districts and is opposed to them here. Councilor DeLapp expressed his support for flag lots in general and also in this development. Mr. Gair asked if the new road standards would apply to this development. Mayor John said "no". M/S/P Delapp/Hunt — to approve Case No. OPC/97-49 to include the following conditions: 1. A landscaped island shall be incorporated into the cul-de-sac, 2. City Engineer recommendations from letter dated September 18, 1997, 3. Parks Commission shall review the proposed park, 4. Traffic calming measure is implemented. (Motion Passed 4-1). Opposed: Conlin, flag lots. BREAK at 9:10 p.m. Lake Elmo City Council 10/21/97 7.B i Site and Plan Review, Office Building: Steve Erban 7.0 7.13 7.E City Planner Pung-Terwedo introduced the proposal, reviewed her staff report and said it meets the Zoning District requirements for General Business. Steve Ethan, property owner and architect, presented his proposal. Discussed the stone facade would be a buff yellow, quarried from Mankato. Said the parking would be located along the western side of the property and the pyramid enclosure would be glass. Councilor DeLapp encouraged Mr. Erban to consider installing a sprinkler system utilizing city water. M/S/P Hunt/DeLapp — to approve Case No. direct staff to prepare a developers agreement. (Motion Passed 5-0). Minor Subdivision, Lowell Reed Estate SP/97-50 as conditioned in staff report and City Planner Pung-Terwedo demonstrated the parcel and reviewed the findings in her staff report to council. Asked the Council what the plans were for the remaining center, city owned parcel. M/S/P Hunt/Dunn — to adopt Resolution No. 97-53, approving the minor subdivision with a condition that the Wichelmans submit a certified land survey and the city take whatever appropriate action necessary to combine the remaining two Wichelman parcels as one. (Motion Passed 5-0). Zoning Text Amendment in General Business (GB): Vet Clinic City Planner Pung-Terwdo said at it's 9/16/97 meeting, council directed staff to call a public hearing for an amendment to the zoning code, GB, General Business regulations to add "Vet Clinic" as a permitted use. She said the Planning Commission held this public hearing on October 15, 1997 and is recommending the amendment to the Municipal Code. As reflected in the minutes from the Planning Commission, Dr. John Baillie spoke in favor of this amendment. No one was opposed. M/S/P Hunt/DeLapp — to adopt Ordinance No. 97-20 amending section 300.07 Subd. 4.H.e. of the 1997 Municipal Code adding Veterinary Clinics as uses permitted by a conditional use permit in the General Business Zoning District. (Motion Passed 5-0). Conditional Use Permit, Vet Clinic, 3417 Lake Elmo Avenue City Planner Pung-Terwedo presented the proposal, which is for a small vet clinic located in the "old village." Said the City Engineer felt the parking for angle parking was a little short, however, she feels nine parking spots is adequate for this. She reviewed her staff report. Stated the Planning Commission recommended approval of this proposal.. Said there was a letter from neighbors that had been discussed at the Planning Commission meeting. Councilor DeLapp reviewed the concerns that were addressed in the letter from the neighbors. Lake Elmo City Council 10/21/97 Dr. Baillie (applicant) stated that he had talked with the neighbors and told them he would put up parking signs that should ease the impact on the residential area. Said the hazardous substances are regulated by State agency and also disposed of through a local agency (in Lake Elmo on Highway 5), the rear door would be used for staff as an entrance/exit, not for patient use, said there is room behind the building for additional parking. Said the animals that would need to be contained overnight would most likely be quiet as they would be sedated. Cited the letter from close neighbor at his other clinic, which supports his theory of no noise problems. Councilor Dunn asked what he was going to do inside the building that would aid in the reduction of noise. Dr. Baillie replied that the interior of the building needed to be completely re -done and additional insulation would be installed. Administrator Kueffner requested adding two additional conditions of approval is; 1) no outside kennels be allowed, 2) proper disposal of any deceased animals be adhered to and they be taken off -site. M/S/P Hunt/Conlin — to approve Case No. CUP/97-56 and direct the City Attorney prepare Resolution No. 97-54 with the following conditions granting a conditional use permit for a vet clinic located at 3417 Lake Elmo Avenue. 1) Any complaints of barking dogs shall be reviewed by City Council, The City can revoke the permit if barking dogs are a nuisance to the neighborhood. 2) A solid wood fence shall be constructed along the south and east border of the property to screen the site from adjacent neighbors, 3) The parking area shall be improved and designated with appropriate signage, 4) Any signage shall meet the sign ordinance requirements, 5) The septic system shall be inspected by the City Engineer, 6) No signage shall be located on the south side of the building, 7) No outside kennels are allowed, 8) Proper disposal of any deceased animals is adhered to and they are taken off - site. (Motion Passed 4-1). Opposed, John — Too close to a residential area. 7.F Conditional Use Permit,10824 Hudson Blvd., Karen and Glen Lownsberry City Planner Pung-Terwedo reviewed her staff report as a request for a CUP to operate a kennel business located at 10824 Hudson Blvd. Recently, this has been used as a multi -family dwelling. After staff report review, she said the proposal is consistent with AG uses and the site can accommodate the use. Administrator Kueffner requested that only one, single family dwelling be occupied, not what is currently occupied by 3-4 families. Mrs. Lownsberry said the only person who would live in the home would be the caretaker, and no intentions of anyone else living there. There will be no breeding of dogs at this site. Councilor DeLapp expressed his concern regarding fire safety within the kennel area. Lake Elmo City Council 10/21/97 M/S/P Hunt/Dunn — to approve Case No. CUP/97-55 an direct the C.ty Attorney to prepare Resolution No. 97-55 with the following conditions granting a conditional use permit for a kennel business at 10824 Hudson Blvd. 1. The septic system shall be inspected and upgraded if necessary, 2. One sign is allowed. The sign shall be a freestanding sign and no larger than 10 sq. ft. with a maximum height of 6 ft. The perimeter of the sign shall be landscaped, 3. A waste disposal plan shall be submitted to the City, 4. Any complaints of barking dogs shall be reviewed by the City council. The City can revoke the permit if barking dogs are a nuisance to the neighborhood, 5. The conditional use permit is for a 70 dog run and grooming services, any changes to the permit will require an amendment to this CUP, 6. The Minnesota Board of Animal Health shall review and approve the plan. Written approval shall be submitted to the City, 7. The addition as shown on the site plan shall be consistent with the architectural integrity of the structures 8. No kennels shall be located in any of the accessory buildings, 9. Fire Department shall review the site, 10. One single family shall occupy the residence. (Motion Passed 5-0). 7.G Amendment to CUP, Vali-Hi Drive In: Robert J. O'Neil City Planner Pung-Terwedo reviewed her staff report and said she found the proposed accessory structure is to be located to the rear of the site and will not be highly visible, the building is necessary to secure the maintenance machinery, and the Vali-Hi Drive is a community landmark. M/S/P DeLapp/Hunt — to approve Case No, CUP/97-56 and direct the City Attorney to prepare Resolution No. 97-56 with the following conditions granting an amendment to a conditional use permit for Vali-Hi Drive In located at 11260 Hudson Blvd. 1. The accessory building shall accommodate maintenance machinery related to the business, 2. A list of this machinery shall be submitted to the City, 3. There shall be licensed Deputies on duty Fridays, Saturdays and holidays when more than 50 cars are anticipated, 4. The owner shall prevent litter from this use to scatter to adjoining property, 5. The parking area and drives shall be treated to control dust. (Motion Passed 5-0). 7.11 DRAFT PCS Ordinance City Planner Pung-Terwedo stated that as directed by the City Council, staff and the Planning Commission have been reviewing, discussing and making modifications to the Draft PCS Ordinance. She asked for comments regarding the latest draft version presented in packets. The Councilors discussed the current draft to the PCS Tower Ordinance and made amendments. M/S/P Hunt/Conlin — to set a public hearing on the PCS Tower Ordinance, as amended. (Motion Passes 3-2). Opposed: Dunn; No PCS Tower in Sunfish Park, not enough facts from PSC, DeLapp; lot sizes, inappropriate location, heights, lighting. Lake Elmo City Council 10/21/07 CITY OF LAKE ELMO REQUEST TO APPEAR BEFORE THE CITY COUNCIL OR PLANNING COMMISSION If you wish to address the City Council or Planning Commission, please follow the suggestions listed below: (PLEASE PRINT) Name: aft &� Phone: 1 mil ` —1 J 1 (O Address: Lf:e, Lzdny Agenda Item or Subject you wish to address: 14o 7-0,2.,5 S/i--f- 61-A"Ll ui Company of Individual Representing (if applicable) K60NY/t/ %Gl4-7u'c 25 Notes: Please complete this form so that you may be recognized at the appropriate time on the Agenda. You are under no obligation to speak if you decide against it during the meeting. Please state your full name, address and phone number so the record of your comments will be complete in the minutes of this meeting. Thank you! 7.I Fiscal Analysis — Springsted. City Planner Pung-Terwedo said is requesting an additional $1,870.00 be spent on another 14 hours of fiscal analysis regarding the three land use options along the I-94 corridor. Currently, the cost for the study is at $11,000.00. The Council discussed the proposal and decided the additional expense was not warranted. M/S/P Dunn/DeLapp — to not accept the $1,870.00 proposal from Springsted to further study the fiscal analysis. (Motion Passed 5-0). 8. UNFINISHED BUSINESS 8.A Study Team for future City Facilities: Lee Hunt Councilor Hunt discussed the formation of a Facilities Study Team, which would be working in phases; 1) inventory, 2) analysis, 3) create a capital improvement program. Councilor Hunt introduced Mr. Onno VanDemmeltraadt, who will chair this volunteer committee, and Mr. Jim Friend, Mr. Paul Hanson. Councilor Hunt will be the City Council liaison to this newly formed study team. M/S/P Dunn/Conlin — to create a volunteer City Facilities Study Team. (Motion Passed 5-0). 8.11 Review and recommend changes to Policy for Animal Control (Cont. from 9/16/97). Administrator Kueffner said she would be reviewing the City policy with Animal Control Officer Mike Smith and would bring back to Council in about a month to 60 days. 9. CITY ATTORNEYS REPORT City Attorney Filla commented on the status of the Municipal Board, and said Oak Park Heights matter is scheduled for hearing November 24, 1997. LE/Baytown matters have been tabled until December 5, 1997. The Judge should make a decision in January. M/S/P Hunt/DeLapp --staff be directed to contact Baytown and draft a letter to the Minnesota Municipal Board and request the Oak Park Heights annexation and the Lake Elmo/Baytown orderly annexation issue be continued until after the Judge's decision. (Motion Passed 5-0. Mayor John's Report: Community Based Meetings, November 18, 1997 1-4:30 p.m. Century College. Contacted by Steve Johnson, and he asked where the City was going with his case. Attorney Filla said he met with Mr. Johnson's attorney and looked at maps and the deed, thought last time council discussed, a study would be done to make a railroad right -of- way. The City does have a section in code that indicates that zoning district boundaries do extend to the center of streets and railroad right-of-ways. This particular piece of land could be separated into three different zoning districts. Administrator Kueffner said due to the increased workload on staff, this was not a high priority and it would be added to the work plan. Lake Elmo City Council 10/21/97 Councilor Hunt's Report: Requested staff get access to E-Mail, and asked if any staff would consider an E-Mail account. 11. CITY ADMINISTRATOR REPORT M/S/P Hunt/DeLapp — to convene the November 4,1997, City Council meeting at 8:00 p.m. to comply with state law regulating election day activities. (Motion Passed 5-0). Adjourned at 12:00 a.m. Respectfully submitted, Cynthia Young -Recording Secretary Lake Elmo City Council 10/21/97 10