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Home My WebLink About11-04-97 CCMNovember 4, 1997 LAKE ELMO COUNCIL FLEETING List of Claims for Approval For the period 10/23/97 to 11/04/97 TO WHOM PAID FOR WHAT PURPOSE MEDICA HEALTH PLANS NOVEMBER INSURANCE PREMIUM MINN. BENEFIT ASSN. AMERICAN MEDICAL SECURITY ALLIED GROUP INSURANCE TRUST UNITED WISCONSIN GROUP LUCENT TECHNOLOGIES ST PAUL PIONEER PRESS HERITAGE PRINTING 6 PROMOTIONS INC FOUR SEASONS SERVICES BRO-TEX, INC. BEST LOCKING SYSTEMS SCHWAAB, INC. U. S. WEST NORTHERN STATES POWER CO JAMES W. AREND SHORT ELLIOTT HENDRICKSON INC MICHAEL SMITH F.X.L., INC. HENNEPIN TECHNICAL COLLEGE SNOKE-EATER OSWALD FIRE HOSE G-WHIZ LETTERING AT 5 T WIRELESS SERVICES JAMES SACHS GREG MALMQUIST BRAD WINKELS EDDY BROTHERS COMPANY VIKING OFFICE PRODUCTS STREICHER'S FRONTIER COMMUNICATIONS SERVICES MUSTER MOUSE STUDIOS VAN OEMMELTRAADT, MARK EARL F. ANDERSEN, INC. CAPITOL COMMUNICATIONS NOVEMBER INSURANCE PREMIUM NOVEMBER INSURANCE PREMIUM NOVEMBER INSURANCE PREMIUM NOVEMBER INSURANCE PREMIUM LAST 1/2 NEW TELEPHONES 1 YR SUBSCRIPTION OCTOBER NEWSLETTER PRINTING OFFICE BUILDING EXPENSE OFFICE BLDG MAINT. KEYS FOR OFFICE OFFICE SUPPLIES TELEPHONE SERVICE UTILITIES INSPECTION SERVICES I-94 LAND USE PLAN OCTOBER ANIMAL CONTROL ASSESSOR MONTHLY PAYMENT FIREFIGHTER TRAINING FOR 2 MEMBERS SUBSCRIPTIONS - 11 MEMBERS FIRE DEPT HOSE FIRE DEPT UNIFORM PATCHES FIRE DEPT CELLULARS FIRE CHIEF CONFERENCE EXPENSE FIRE CHIEF CONFERENCE EXPENSE TRAINING -EMT REFRESHER FIRE DEPT EQUIPMENT MAINT FIRE DEPT OVERHEAD PROJECTOR FIRE DEPT EQUIPMENT MAINTENANCE FIRE DEPT PHONE EXPENSE FIRE PREVENTION MATERIAL FIRE PREVENTION OPEN HOUSE PUBLIC WORKS POSTS PUBLIC WORKS MOBILE PHONE (over) 10/31/97 CLAIM TOTAL ACCOUNT ACCOUNT DATE NUMBER CLAIM NUMBER AMOUNT 11/04/97 6402 4,237.41 100-41500-130 2,913.13 100-42400-136 443.40 100-43100-130 886.88 11/04/97 6403 761.45 100-41500-130 74.61 100-43100-130 686.84 11/04/97 6404 381.28 100-415@0-130 236.09 100-42400-130 19.37 100-43100-136 125.82 11/04197 6405 57.64 100-41500-130 29.49 100-42400-130 16.85 10@-43100-138 11.30 11J04/97 6406 488.65 100-41500-138 263.66 100-4240@-130 50.49 100-4310@-130 174.5@ 11/04/97 6407 3,474.24 410-41580-570 3,474.24 11104/97 6408 85.80 100-41500-200 85.80 11/04/97 6409 358.59 100-41500-354 358.59 11t@4/97 6410 35.80 100-41500-400 35.80 11j@4/97 6411 130.21 100-41500-40@ 130.21 11(@4(97 6412 9.39 100-4150@-400 9.39 11/04/97 6413 30.87 180-41500-200 30.87 11/04/97 6414 682.85 100-415@6-320 345.68 10@-42200-320 119.25 1@@-43100-320 102.34 1@0-45200-320 115.58 11/04/97 6415 2,872.40 100-41580-380 166.87 100-4220@-38@ 206.79 100-431@@-380 1,131.73 100-4316@-38@ 887.21 100-45200-380 90.41 6@1-49400-380 341.48 602-49450-380 47.91 11/04/97 6416 616.00 100-4240@-331 616.00 11/04/97 6417 187.98 180-41910-300 187.98 11/04/97 6418 825.00 100-42700-110 650.00 100-42700-415 175.00 11/14/97 6419 1,400.@@ 100-41550-300 1,400.00 11/04/97 6426 788.5@ 100-4228@-207 708.50 11/04/97 6421 49.50 100-42200-433 49.50 11/04/97 6422 858.0@ 100-42200-217 850.00 11/04/97 6423 270.00 100-422@@-218 270.00 11/04/97 6424 11.31 100-42200-320 11.31 11/04/97 6426 60.@@ 100-42200-207 60.0@ 11/04/97 6427 429.58 1@@-42200-207 429.58 11/04/97 6428 150.00 109-42200-287 150.0@ 11/04/97 6429 716.00 100-42260-220 716.00 11/04/97 6430 236.24 100-42200-200 236.24 11/04/97 6431 16.60 10@-42200-220 16.60 11/04j97 6432 3.14 100-42200-320 3.14 11/04/97 6433 277.10 100-42200-431 277.10 11/04/97 6434 66.13 100-42200-431 66.13 11/04/97 6435 371.42 110-431@@-226 371.42 11/04/97 6436 435.00 1@@-43180-550 435.00 11/4/97 - Page 2 List of Claims for Approval For the period 11/23/97 to 11/04/97 10/31/97 CLAIM TOTAL ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER EAST METRO FAMILY PRACTICE,P.A. PUBLIC WORKS —WORKERS COMP CLAIM 11 /04 /97 6437 108.00 100-43100-150 WASHINGTON COUNTY TREAS. AUGUST 6 SEPTEMBER ROAD GRADING 11/04/97 6438 474.14 100-43100-408 CAPITOL SUPPLY CO. SEWER FUND SUPPLIES 11/04/97 6439 48.05 602-49450-210 TAMARA SIMONS OAK WILT GRANT — 1/2 INVOICE 11/04/97 6441 200.00 803-45200-219 DAVE DUNBAR OAK WILT GRANT — 1/2 INVOICE 11/04/97 6441 362.50 803-45200-219 RICHARD SACHS FIRE CHIEF CONFERENCE EXPENSE 11/64/97 6425 399.80 160-42200-207 TOTAL FOR MONTH 22,873.57 ACCOUNT AMOUNT 108.00 474.14 48.15 208.00 362.50 399.80 22,878.57 TOTAL YEAR TO DATE 22,878.57 22,878.57 MINUTES APPROVED: December 2,1997 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 8:00 P.M. NOTE THE CHANGE IN TIME OF THE MEETING DUE TO LOCAL SCHOOL BOARD ELECTIONS. 1. AGENDA 2. MINUTES: October 8, 1997 October 21, 1997 3. CLAIMS 4. PUBLIC INFORMATIONALANOUDRIES: A. Public Inquiries B. Don Theisen, Washington County Public Works regarding EAW on County Road 15 C. Valley Branch Watershed District Vacancy D. Meetings for City Council to Call: Mary Kueffner 5. CONSENT AGENDA: Removed Agenda Item 5A, B, and C off of CONSENT AGENDA A. Resolution adopting Conditional Use Permit for Veterinary Clinic in General Business Zoning District: Applicant: John N. Baille B. Resolution adopting Conditional Use Permit amendment for accessory building in the General Business Zoning District. Applicant: Vali Hi Drive -In Theatre C. Resolution adopting Conditional Use Permit for a pet grooming and boarding business in the Agricultural Zoning District: Applicant: Karen and Glen Lownsberry and Leonard Hansen D. Final Payment to S.J. Louis for Section 33 Utilities 6. CITY ENGINEER'S REPORT: A. Proposed 1998 Street Overlay Projects B. Ordinance adopting Wetland Treatment Regulations C. Adopting Engineer Standards for Streets 7. PLANNING, LAND USE AND ZONING: A. PUBLIC HEARING: Variance to septic system regulations permitting a mound system for new construction: Applicant: Donna Herzfeld, Heritage Farm B. Ordinance adopting Moratorium in Village Study Area C. Reschedule I-94 Study Workshop D. Railroad right-of-way (Update) E. Medical Office Building —Informational F. School House on Berschen Site G. TDR and PDR Program Implementation 8. UNFINISHED BUSINESS: A. Recycling Program (postponed to November 18) B. Disbursements of fines for tickets written in Lake Elmo Regional Park (Postponed to November 18) C. Flag Lots Background (postponed to November 18) D. Infrastructure assessments in MUSA area (postponed) 9. CITY COUNCIL REPORTS, - A. Mayor John B. Council member Conlin C. Council member Dunn D. Council member Hunt E. Council member DeLapp 1. State/City road Landscaping Partnership LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 10. CITY ATTORNEY' S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. League of Minnesota Cities — Proposed 1998 Policies (Postponed) B. Share planner with Township (DELETED) C. Update on request for annexation hearing extension schedule for November 24, 1997 D. Resignation of Bill Wacker from Maintenance Advisory E. Letter from Metropolitan Council regarding formation of an Advisory Committee relative to the South Washington County Interceptors Facility Plan F. Designate two council members, two Planning Commission members, and two residents at large to serve on the steering committee for the Baytown/Lake Elmo Consolidation Study Mayor John called the Council meeting to order at 8:00 p.m. in the Council chambers. PRESENT: Dunn, John, Conlin, DeLapp, City Attorney Filla, City Engineer Prew, City Planner Terwedo, and Administrator Kueffner. ABSENT: Council member Hunt. 1. AGENDA M/S/P DeLapp/Conlin — to approve the November 4, 1997 City Council agenda, as amended. (Motion passed 4-0). 2. MINUTES: October 8, 1997 M/S/P Dunn/DeLapp — to approve the October 8, 1997 Special Council Meeting Minutes, as presented (Motion passed 3-0-I:Abstain: John) MINUTES: October 21, 1997 M/S/P Dunn/DeLapp — to approve the October 21, 1997 City Council Minutes, as amended. (Motion passed 4-0). 3. CLAIMS M/S/P DeLapp/Conlin — to approve the October 21, 1997 Claims #6402 through #6425, as presented (Motion passed 4-0). 4. PUBLIC INFORMATIONALANOUIRIES: A. Public Inquiries Bob and Jean Novak, owners of Lake Elmo Oil since 1956, explained that CITGO has bought out Union 76. In order to get funding, Lake Elmo Oil has to comply with CITGO's specifications. When their sign installer submitted an application for a sign permit, they were denied. The proposed sign was not allowed according to the revised sign ordinance. Lake Elmo Oil was not aware the sign ordinance was revised. This was done without input from business owners or residents. The sign request is not for anything greater than what already exists now. It is their understanding there is no variance procedure to setbacks, size and height of signs. Administrator Kueffner pointed out that CITGO has to comply with Lake Elmo's code and not the other way around. The Council had given direction to staff to hold a public meeting to make the business owners and residents aware of the revised sign ordinance. The Village Commission is organized to look at such applications. Planner Terwedo indicated the Village Commission scheduled a meeting for November 12,T and the sign ordinance could be added to the agenda. M/S/P Conlin/Dunn — to direct the staff to call a joint workshop with the, City Council, Planning Commission, Village Commission, interested business owners and residents, on November 12, 1997, 6 p.m., to review the existing sign ordinance and the planner provide visual handouts in advance. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 2 B. Don Theisen, Washington County Public Works regarding EAW on County Road 15 After reading the October 21, 1997 Council minutes, Don Theisen indicated the comments made by Baytown residents were unacceptable for the public to have this perception of the Public Works Department. There is a need to communicate with these people, and he will contact them. Don Theisen reported the Washington County Board hasn't decided on an alternative. There is no plan for construction for the next five years. At the most that would happen, would be preserving the right-of-way corridor. Over the years he had questions from the public, or internally. When you look at the County map, it stands out there is a link missing. Whether it's needed or not, that is the purpose of the study. If a corridor is not preserved now, or 20 years from now, land will not be available the way Washington County is developing. C. Valley Branch Watershed District Vacancy Administrator Kueffner encouraged residents to contact City Hall to receive an application for the Valley Branch Watershed District Vacancy. The vacancy will be advertised in the newsletter and on cable. D. Meetings for City Council to call Mayor John and Administrator Kueffner attended the Baytown monthly meeting. The Baytown Board called a joint meeting with the City of Lake Elmo for Monday, November 10, 1997, at 5:30 p.m. to discuss negotiation strategies with the City of Oak Park Heights. The Board also called a joint meeting with the City of Lake Elmo, Oak Park Heights for Monday, November 17, at 7:00 p.m. M/S/P John/DeLapp — to call a joint meeting with the Baytown Board of Supervisors for Monday, November 10, 1997, 5:30 p.m. to discuss negotiation strategies with the City of Oak Park Heights and call a joint meeting with Baytown, and Oak Park Heights for Monday, November 17, 1997 at 7:00 p.m. (Motion passed 4-0). 5. CONSENT AGENDA: (Deleted off of Consent agenda for Council discussion) A. Resolution adopting Conditional Use Permit for Veterinary Clinic in General Business Zoning District: Applicant: John N. Baille Mayor John voiced his concern there is nothing to indicate in the event that this Vet Clinic, run by Dr. Baille is sold, the City would have another Vet Clinic in that location, possibly with a slightly different focus. That focus may be less acceptable. His initial concern is he didn't want the neighboring properties adversely affected. Attorney Filla explained if a condition is added the Council would have to go through the public hearing process. The Council could include a description of the kind of Vet Clinic that Dr. Baille described. M/S/P DeLapp/John — to table Resolution No. 97-54 granting a CUP for Vet Clinic in General Business Zoning District requested by Dr. John Baille to the November 18, 1997 Council meeting for the City Attorney to modify the term Vet Clinic consistent with the definition that was given by the applicant. (Motion passed 4-0). B. Resolution adopting Conditional Use Permit amendment for a concession stand in the General Business Zoning District: Applicant: Vali Hi Drive In Theatre M/S/P DeLapp/John — to table Resolution No. 97-56 granting an amendment to a CUP for a concession stand in the General Business Zoning District until the November 18 Council meting for the City Attorney to amend Section 2.0 (change customer service building to concession stand), Section 4 subject to the conditions stated by the City Planner, Section 6 (B) add December 1, 1997. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 C. Resolution adopting Conditional Use Permit for a pet grooming and boarding business in the Agricultural Zoning District: Applicant: Karen and Glen Lownsberry and Leonard Hansen M/S/P DeLapp/John — to table Resolution No. 97-55 granting a CUP for a pet grooming and boarding business in the Agricultural Zoning District until the November 18,1997 Council meeting in order for the City Attorney to address added conditions in Section 4, subject to City Planner's conditions, Section 5(B) add May 1, 1998, (c) add June 1,1998, (F) add prior to occupancy of site, (G) add before the issuance of building permits. (Motion passed 4-0). D. Final Payment to S.J. Louis for Section 33 Utilities In his letter dated October 30, 1997, Tom Prew reported the contractor, S.J. Louis Construction, has completed the final punch list items and has submitted final paperwork for Section 33 Truck Utilities. Prew recommend approval of final payment to S. J. Louis Construction in the amount of $2000.00. M/S/P DeLapp/Conlin — to approve final payment of $2,000 to S. J. Louis for Section 33 Trunk Utilities based on the recommendation of City Engineer in letter dated October 30, 1997. (Motion passed 4-0). Ga A. Proposed 1998 Street Overlay Projects In his letter dated October 30, 1997, Tom Prew, Dan Olinger and Administrator Kueffner are recommending the following 1998 Street Overlays, one MSA Maintenance Project, and one City Project: Jamley Avenue, Lake Jane Court, 10" Street Lane, 33`d Street Lane, Stillwater Lane, 33`d Street and Laverne Avenue and Fire Station #1 and Parks Building Parking Lots. The first step taken by the Council is to direct, by resolution, the preparation of a feasibility report for the assessed projects and preparation of plans for the non -assessed projects. M/S/P DeLapp/John — to adopt Resolution No. 97-57 Ordering the Preparation of Feasibility Report on the improvement of Jamley Avenue. (Motion passed 4-0). M/S/P DeLapp/Conlin — to adopt Resolution No. 97-58 Ordering the Preparation of Feasibility Report on the improvement of Lake Jane Court. (Motion passed 4-0). Mayor John asked Tom Prew to look at Jane Road N. for possible premature cracking. M/S/P DeLapp/Conlin — to adopt Resolution No. 97-59 Ordering the Preparation of Feasibility Report on the improvement of 10" Street Lane. (Motion passed 4-0). M/S/P DeLapp/Conlin — to adopt Resolution No. 97-60 Ordering the Preparation of Feasibility Report on the improvement of 33rd Street Lane. (Motion passed 4-0). M/S/P DeLapp/Conlin — to adopt Resolution No. 97-61 Ordering the Preparation of Feasibility Report on the improvement of Stillwater Lane. (Motion passed 4-0). M/S/P DeLapp/Conlin — to direct the City Engineer to prepare plans for the temporary overlay of 33`d Street and Laverne Avenue. (Motion passed 4-0). M/S/P DeLapp/Conlin — to direct the City Engineer to prepare plans for the improvement of the parking lots of Fire Station #1 and the Parks Building. (Motion passed 4-0). Tom Prew added Hill Trail N, (from 50`" Street to 50' Street) as a standard assessed overlay project, Administrator Kueffner pointed out a dispute among propertyowners in the area of Hill Trail N1501" Street and asked the City Engineer prepare a legal survey of right-of-way to resolve a problem. Prew responded that a legal survey would cost several thousand dollars. He did not know if this could be assessed back to the project. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 4 M/S/P John/Conlin — to table Resolution No. 97-62 ordering the preparation of feasibility report on the improvement of Hill Trail N. and a legal survey for right-of-way in the area of Hill Trail N/50'" Street. to the November 18 Council meeting to discuss the cost of a legal survey for the right -of-way and if the City Engineer would be able to do it. Staff will present the Council with information about the property dispute. (Motion passed 4-0). B. Ordinance adopting Wetland Treatment Regulations The Council reviewed the Wetland Treatment Draft regulations prepared by Tom Prew. The Council decided to allow the designer to determine the location of septic tanks. That is, not every home would be required to have its own septic tank. Under Section 720.03 Rules, Section A. 7080.0130 Sewage Tanks, the Council deleted "Each dwelling shall have its own sewage tank." Setbacks for location of systems were discussed. A suggestion was made to read "and treatment cells shall be located a minimum of 50 feet from any property line, and 100 feet from any existing or proposed home". The engineer and staff were directed to review the setback requirement. Tom Prow was asked to compare pumping costs for individual and collector system tanks. Who in the City shall receive the rest results of the monitoring plan? M/S/P Conlin/Dunn — to table the DRAFT Wetland Treatment Regulations to the November 18 meeting in order to review the setback limitations and monitoring plan with copies of ordinance sent to all interested parties. (Motion passed 4-0), C. Adoption of Engineering Standards for Streets Attorney Filla recommended that the Engineering Standards for Streets be an appendix to the City Code. Tim Freeman has concerns on use of concrete curbs versus bituminous curbs and will contact the City Engineer. M/S/P DeLapp/Dunn — to table adoption of Engineering Standards for Streets until the November 18 meeting to review in detail the concrete curb issue. (Motion passed 4-0). 7. PLANNING, LAND USE & ZONING: A. PUBLIC HEARING: Variance to septic system regulations permitting a mound system for new construction: Applicant: Donna Herzfeld, Heritage Farm City Planner Terwedo explained this is a request to allow a mound system on Lot 12, Block One, Heritage Farm because a standard system cannot be used. The reserved area has mottled soils at 20" to 30" below the surface. The State Code requires 36" of separation between the bottom of a drainfield trench and the mottled soil or water table. As a certified onsite sewage treatment designer and inspector, Jim McNamara believed the time has come for the City to update the City ordinance and include mound systems for use as initial systems. Over the past 20 years, technology in sewage treatment systems has advanced greatly. Sewage treatment mounds are considered not only an effective method in sewage treatment, but have received approval as an initial system as well. Most areas in Minnesota, including Washington County, accept mounds as a standard and acceptable method of treatment. The Council acknowledged the letter from Tom Prew recommending approval of the variance request based upon the Findings: 1. The developer did extensive testing during the development of this plat. Soil conditions were taken into account when the lots were laid out. 2. The plat was approved assuming an inground system could be placed on each of the lots. This was based upon testing done by the developer and 3. There is adequate area on the lot for an initial and a backup system. Mayor John called the public hearing to order at 10:22 p.m. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 5 Tim Freeman explained that it wasn't that the soils are so poor, but the separation does not meet for a required distance conventional system. A variance narrative from Tim Freeman dated October 28, 1997 was received. Ann Bucheck, 2301 Legion Avenue, stated this is a new subdivision and should not require a variance. The hardship cannot be economics alone. She asked if the buyer would be made aware of this. Tim Freeman responded there is a pending sale, buyers are aware of the situation, and the developer will absorb the cost of the mound system. Council member DeLapp pointed out in the future the City will be regulating new developments by requiring developers as part of the platting process to perk all of the lots. Mayor John closed the public hearing at 10:24 p.m. M/S/P DeLapp/John — to approve Case No. V/97-60 a variance to Section 7080.0170 of the Lake Elmo Municipal Code to install a mound system on Lot 12, Block One, Heritage Farm requested b Donna Herzfeld based on the hardship narrative presented by Tim Freeman, dated October 28,1997, and based upon the Findings of the City Planner: (1) There are extraordinary circumstances that apply to this property which does not generally apply to other properties in the same zone. The land does not have adequate areas for a conventional system due to the specific soil types as identified. (2) The literal interpretation of the provision of the ordinance would deprive the applicant rights commonly enjoyed by other properties in the same district under the terms of the septic ordinance. This lot is platted as a single-family residential lot in the OP. (3) The special circumstances is a result of the applicant, See Tim Freeman's comments. (4) The granting of the variance requested will not confer on the applicant a special privilege that is denied by this ordinance to owners of other lands, structures, and buildings in the same district. and (5) A mound system is the only alternative and based upon the Findings of the City Engineer as stated above. (Motion passed 3- 1:Conlin: The code states a mound system cannot be used as an initial system. The code should be changed if the City wants to allow mound systems as an initial system.) B. Ordinance adopting Moratorium in Village Study Area City Planner Terwedo provided a work plan, maps of Village Study Area, and a DRAFT ordinance relating to a development moratorium in the Village area, which was recommended for approval by the Planning Commission on October 27, 1997, with three modifications. The Planning Commission recommended the study area be changed from 20a' street on the south to approximately Dr. Stevens house on Lake Ehno Avenue and excluding the Packard Park and Tartan Meadows neighborhood, and Fields of St. Croix, Phase II. The Village Commission wanted the Packard Park neighborhood and Tartan Meadows in the study area because it included Legion Pond and other wetland areas, which may be affected by development in the Village area. The Planning Commission felt that the area was too large. The Council acknowledges the letter from Arlo Frost, Village Commission member, on the modifications made by the Planning Commission of the boundaries of the Village area and the time limit on the moratorium. M/S/P Dunn/DeLapp —to adopt Ordinance 9721, as amended (A....as shown on Exhibit A as recommended by Village Commission, ADD 6. No expansion of existing structures or new construction, which would require a variance, will be permitted. DELETE (F.) G. This moratorium will be in effect for nine months from the date of publication, unless terminated by City Council action.) An Ordinance relating to a development moratorium in the Village Area with the amended Exhibit A excluding Fields of St. Croix Phase II from the moratorium, but not the study area. (Motion passed 4-0). C. Reschedule I-94 Study Workshop The Council rescheduled the I-94 Study Workshop to Monday, November 17", 5:30 p.m. at City Hall. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 D. Railroad Right -of -Way Steve Johnson handed out a proposal, dated November 4,1997, for Council review. The Council received a letter dated October 24, 1997 from Attorney Filla indicating it was his understanding that the Council had requested that there be an examination of the impact of development within any or all of the vacated railroad rights -of -way within the City. This issue is not going to be placed back upon the agenda until that evaluation is completed. The parcel on the East Side of County Road 17 abuts three separate zoning districts in the City. The City's zoning regulations indicate that zoning district boundaries extend to the center of streets or railroad rights - of -way. The kinds of variances, which would be required to allow any development of the property or a portion of the property, would depend upon the zoning district in which the buildings would eventually be located or on which parking lots would eventually be developed. Attorney Filla has received a copy of the Quit Claim Deed which was used to convey property from the Union Pacific Railroad Company to Steven and Elizabeth Johnson, but was not provided with any other evidence of title. Attorney Filla asked Mr. Johnson to submit any information he may have. E. Medical Office Building, For Your Information City Planner Terwedo reported the construction on the Medical Office Building should begin within the month. In discussion with the developer, the full three floors of the building will be constructed as part of Phase I for a total of 60,000 sq.ft. The full face of the structure will be brick. The parking that is proposed for Phase I would be approximately 240 spaces. The developer has agreed that landscape islands will be placed at row 12 as part of the Phase II expansion. F. School House on Berschen Site At its October 27, 1997 meeting, the Planning Commission discussed the Oakdale/Lake Elmo Historical Society schoolhouse. They liked the idea of the schoolhouse being located on the Berschen (City) property of 45" Street and Julep and made a formal motion to recommend the schoolhouse be placed on the property. The Parks Commission will review the request at their November 17 meeting and report back to the Council at their December 2nd meeting. Councilor DeLapp will attend the parks meeting and pass on his reservations on moving the schoolhouse to the Berschen property. He suggested the school be placed in a clustered development. G. TDR and PDR Program Implementation Planner Terwedo reported there will be a forum which will focus on a discussion of the mechanics of implementing PDR and TDR Programs on Friday, November 21, 2-4 p.m. at the Washington County Government Center and suggested that Councilor Lee Hunt and Planning Commission Chair Jim McLeod attend. 8. UNFINISHED BUSINESS: A. Recycling Program (postponed to November 18) B. Disbursements of fines for tickets written in Lake Elmo Regional Park (postponed to November 18) C. Flag Lots Background (postponed to November 18) D. Infrastructure assessments in MUSA area: Administrator Kueffner met with Tom Prow to put together the information, but will have to contact Larry Bohrer for his input. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 9. CITY COUNCIL REPORTS: Council member Dunn found the Torre Pines monument sign large and ugly. The information on Grassguard, supplied by Mayor John, is informative. This information should be made available to other commissions. When she was down South, she had seen an open space development where everybody put up large fences (6' high solid wooden fences) around their backyards. She wanted to make sure Lake Elmo's OP ordinance didn't allow these large fences in Open Space developments because this would defeat the purpose of having Open Space. She will be attending the airport meeting on Wednesday at Oakland Jr. High School. Councilor DeLapp saw some changes along Highway 36 that was not in keeping with our Open Space visual aspirations. He talked to Bob Slater; Forester at MnDOT, regarding landscaping options on State roads. The State would be willing to provide fertilizer, trees, etc. to landscape their section of the road. Then the homeowners would participate digging the trees in. Mr. Slater, along with his supervisor, Scott Bradley, would be interested in attending a Council meeting to inform the City the State would incrementally provide the cost for landscaping the state roads in the City and what would be expected from US. M/S/P DeLapp/John — to invite Bob Slater and Scot Bradley, MnDOT, to the November 18 meeting for a presentation, if there is room on the agenda, and ask them to provide cost and what would be expected by the City. (Motion passed 4-0). 10. CITY ATTORNEY'S REPORT: None 11. CITY ADMINISTRATOR'S REPORT: A. League of Minnesota Cities — Proposed 1998 Policies — Postponed to November 18. B. Share planner with Baytown Township - DELETED off agenda. C. Update on request for annexation hearing extension scheduled for November 24, 1997. Administrator Kueffner reported the Municipal Board would consider Lake Elmo's request and Baytown's request for an annexation hearing extension on Friday, November 7, 9 a.m. D. Resignation of Bill Wacker from Maintenance Advisory Committee The City received a letter of resignation from the Maintenance Advisory Committee submitted by Bill Wacker. The resignation became effective October 31, 1997. M/S/P HuntlJohn — to accept the resignation of Bill Wacker from the Maintenance Advisory Committee, and direct the staff to send Mr. Wacker a letter of appreciation for his 26 years of service to the community. (Motion passed 4-0). E. Letter from Metropolitan Council regarding formation of an advisory Committee relative to the South Washington County Interceptors Facility Plan The Council received a letter, dated October 24,1997, from the Metropolitan Council proposing the City designate a Council member and a staff member to this advisory committee. Mayor John volunteered to serve on this Committee. Council member DeLapp stated Todd Williams is interested in serving on the advisory committee as representative from a Lake Elmo group. Administrator Kueffner will ask Tom Prew to serve as a staff member because of his technical background. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 F. Designate two Council members, two Planning Commission members, and two residents at large to serve on the steering committee for the Baytown/Lake Elmo Consolidation Study. The resolution that the City adapted jointly with Baytown to study a consolidation indicated that there would be a steering committee consisting of two Council members, two Planning Commission members and two residents at large from each community. Administrator Kueffner asked that this issue be put on the next Planning Commission agenda to see who on the Commission would be interested in serving on this committee. She will look at those names that have already signed up for participation in the study. Mayor John and Council member DeLapp volunteered to serve on the steering committee. M/S/P Dunn/Conlin — to appoint Mayor Wyn John and Council member Steve DeLapp as the two Council members to serve on the Consolidation Study Steering Committee. (Motion passed 4-0). The Council adjourned the meeting at 12:10. ----------------------------------------- Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 97-57 Ordering the Preparation of Feasibility Report on the Improvement of Jamley Ave. Resolution No. 97-58 Ordering the Preparation of Feasibility Report on the Improvement of Lake Jane Ct. Resolution No. 97-59 Ordering the Preparation of Feasibility Report on the Improvement of 10" Street Ln. Resolution No. 97-60 Ordering the Preparation of Feasibility Report on the Improvement of 33`s Street Ln. Resolution No. 97-61 Ordering the Preparation of Feasibility Report on the Improvement of Stillwater Ln, Ordinance No. 9721, Development Moratorium in the Village Area in effect for 9 me. from publication LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 4, 1997 Mayor: Wyn John Councilmembers: Rita Conlin Susan Dunn Steve DeLapp Lee Hunt Lake Elmo City Council November 4,1997 9:00 PM 3800 Laverne Avenue N. Lake Elmo, MN 55042 777-5510 777-9615(Fax) Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council' form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda Meeting Convenes 8:00 PM Pledge of Allegiance 1. Agenda 2. Minutes October 8, 1997 October 21, 1997 3. Claims 4. Public Informational/Inquiries 8:15 P.M. A. Public Inquiries B. Don Theisen, Washington County Public Works regarding EAW on County Road 15 C. Valley Branch Watershed District Vacancy D. Other 5. Consent Agenda A. Resolution adopting Conditional Use Permit 8:30 P.M. for Veterinary Clinic in General Business Zoning District: Applicant: Jolm N. Bailee B. Resolution adopting Conditional Use Permit Amendment for a customer service building in the General Business Zoning District: Applicant: Vali Hi Drive -In Theatre. C. Resolution adopting Conditional Use Permit for a pet grooming and boarding business in the Agricultural Zoning District: Applicant: Karen and Glen Lownsberry and Leonard Hansen (OVER) Lake Elmo City Council Agenda November 4, 1997 Page 2 D. Final Payment to S.J. Louis for Section 33 Utilities. E. Other 6. City Engineer's Report A. Proposed 1998 Street Overlay Projects 8:35 P.M. B. Ordinance adopting Wetland Treatment Regulations. C. Resolution adopting Engineer Standards for Streets D. Other 7. Planning, Land Use and Zoning Ann Terwedo 8:50 P.M. A. Public Hearing: Variance to septic system Regulations permitting a mound system for New construction: Applicant: Donna Herzfeld, Heritage Farm. B. Ordinance adopting Moratorium in Village Study Area. C. Reschedule I-94 Study Workshop D. Railroad right-of-way (Update) E. Other 8. Unfinished Business 9:15 P.M. A. Recycling Program (table to November 17) B. Disbursements of fines for tickets written In Lake Elmo Regional Park C, Flag Lots Background (table to November 17) D. Infrastructure assessments in MUSA Area. 9. City Council Reports 9:30 P.M. A. Mayor John B. Councilmember Conlin C. Councilmember Dunn D. Councilmember Hunt E. Councilmember DeLapp 1. State/City road Landscaping Partnership (OVER) Lake Elmo City Council Agenda November 4, 1997 Page 3 10. City Attorney's Report Jerry Filla 11. City Administrators Report Mary Kueffner A. League of Minnesota Cities — Proposed 1998 Policies B. Share planner with Baytown Township C. Update on request for annexation hearing extension scheduled for November 24, 1997 D. Resignation of Bill Wacker from Maintenance Advisory Committee. E. Letter from Metropolitan Council regarding formation of an Advisory Committee relative to the South Washington County Interceptors Facility Plan F. Designate Two Council members, two Planning Commission members, and two residents at large to serve on the steering committee for the Baytown/Lake Elmo Consolidation Study. G. Other 12. Adjourn