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HomeMy WebLinkAbout01-20-98 CCMDRAM LAKE ELMO CITY COUNCIL MINUTES JANUARY 20,1998 1. AGENDA 2. MINUTES: January 6, 1998 3. CLAIMS 4. PUBLIC INFORMATIONAL: A. Jaycee Proclamation B. Correction on date of Consolidation Study Committees Meeting C. Maintenance Advisory Membership D. St. Croix Valley Transit Redesign E. Community Alert Network F. Corridor Plan for T.H. 36 subarea between T.H. 5 and I-694 5. CONSENT AGENDA: A. Non -Intoxicating Malt Liquor License For Oasis Market B. Meeting with Met Council 6. CITY ENGINEER'S REPORT:None 7. MAINTENANCE/PARKS/FIRE:None 8. PLANNING, LAND USE, AND ZONING: A. Countryside Wood Products B. Amendment to Parking Standards C. Veterinarian Hospital Expansion D. Manning Corridor EAW 9. UNFINISHED BUSINESS: A. Linder's Greenhouse CUP B. Resolution Establishing Fees C. Formal Cost Estimate for Electricity for Signal Light at TH5 and CSAH 15 D. Update from MPCA on Landfill Cleanup E. Update on River Valley Church's Tree Removal and Lighting F. Municipal Meeting on Annexation on February 18, 1998 10. CITY COUNCIL REPORTS: 11. CITY ATTORNEY' S REPORT: 12. CITY ADMINISTRATOR'S REPORT: A. Employee Assistance Program Agreement with Sandcreek B. Discussion on Budget and Payroll C. 1998 Law Enforcement Contract D. Resignation of Jim McLeod from the Planning Commission Mayor John called the Council meeting to order at 7:00 p.m. in the Council Chambers. PRESENT: Hunt, Dunn, John, Conlin, DeLapp, City Attorney Filla, City Engineer Prow, City Planner Terwedo and Administrator Kueffner. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 1. AGENDA M/S/P DeLapp/Hunt — to approve the January 20, 1998 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: January 6, 1998 M/S/P DeLapp/Hunt — to approve the January 6, 1998 City Council minutes, as amended. (Motion passed 5-0). 3. CLAIMS M/S/P Hunt/DeLapp — to approve the January 20, 1998 Claims, Check 913487 through #13580, as presented. (Motion passed 5-0). 4. PUBLIC INFORMATIONAL: A. Jaycee Proclamation MAYOR JOHN PROCLAIMED THE WEEK OF JANUARY 18TH TO 24TH, 1998, AS JAYCEE WEEK AND URGED ALL CITIZENS OF OUR COMMUNITY TO GIVE FULL REGARD TO THE PAST AND CONTINUING SERVICE OF THE JAYCEES. B. The Consolidation Committee Meeting is scheduled for Tuesday, January 27, 1998, 7 p.m., in the City Hall, Parks Building, and at the Civil Air Patrol hangar in Baytown. C. Maintenance Advisory Membership Council member Hunt asked if there is anyone interested in serving on the Maintenance Advisory Committee to contact City Hall for an application. The vacancies on the MAC will be advertised in the City Newsletter. D. St. Croix Valley Transit Redesign The Metropolitan Council will hold two public hearing, Noon and 6 p.m., on January 29, 1998, on a plan to redesign transit services in Oakdale, Lake Elmo, Bayport, Oak Park Heights and Stillwater. The proposed service plan would go into effect in September 1998, with a combination of big buses and small buses that provide residents with a range of transit options. E. Community Alert Network Washington County announced that a new method of emergency warning and notification, called the Community Alert Network (CAN), will be available on a Countywide basis starting in February. Washington County is the first in the State to install this system. A public information meeting to demonstrate and describe how the system works is scheduled for Tuesday, January 27, 1998, 7 p.m., Washington County Government Center. F. Corridor Plan for T.H.36 subarea between T.H. 5 and I-694 MN/DOT Metro Division and Washington County have agreed to a partnership for developing a corridor plan for the T.H. 36 subarea between T.H.S and I-694. The subarea includes the state, county, and local road systems between T.H. 96 to the north and T.H. 5 to the south. An invitation was extended to any City representative to attend the meeting on February 11, 1998, at 3 p.m., in the Public Works Building conference room to review the study scope and consultant selection process. The Council felt the proposed project has a major impact on Lake Elmo and on Highway 5 and asked the City Engineer and Planner to attend this meeting. Representatives from MN/DOT will be invited to attend the March 3rd Council meeting to discuss this project. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 M/S/P Hunt/DeLapp — to direct the City Planner, City Engineer and Mayor to attend the meeting on the Corridor Plan for T.H. 36 on February 11, 1998, 3 p.m., at the Washington County Public Works Building conference room. (Motion passed 5-0). 5. CONSENT AGENDA: A. Non -Intoxicating Malt Liquor License for Oasis Market Twin Cities Stores; Inc., (Oasis Market), has submitted their application for a non -intoxicating off -sale liquor license. The City received their certificate of insurance and their liquor license fee of $150. M/S/P DeLapp/Dunn - to approve the 1998 Non -Intoxicating Off -Sale Liquor License for the Oasis Market located at 11025 10`" St. N.; conditioned upon approval by the Washington County Sheriff and County Attorney. (Motion passed 5-0). B. Meeting with Met Council A special meeting has been called for Wednesday, January 21, 1998, 6:30 p.m., City Council Chambers, to discuss the PCS Ordinance (Wireless Telecommunication Tower) and to review with Met Council staff the Regional Blueprint Plan with some emphasis on I-94 Corridor and relating planning issues. This meeting will be cabled and go out live. 6. CITY ENGINEER'S REPORT:None 7. MAINTENANCE/PARKS/FIRE:None 8. PLANNING. LAND USE, AND ZONING: A. Countryside Wood Products On August 20, 1996, the City Council continued the application for a 7,500 sq.ft. Woodworking shop/office building located at 8603 N. 34"' Street. The applicant, Walt Pechan, agreed to this continuance. Planner Terwedo stated in her August 20, 1996 staff report, there was a drainage issue, and the applicant needed to direct his storm water runoff northeast instead of southeast because the property owner to the south would not grant him the easement. Variances are needed to lot size, lot depth requirements, front building setback, rear parking setback, and front parking setback. A Conditional Use Permit is needed for the woodworking/office building. The applicant has received a utility permit from MnDOT, and a Valley Branch Watershed permit has been issued. The staff was directed to review the following items: 1. Office computation versus parking demand. 2. Applicant stated building is 10,000 sq.ft., which is the maximum allowed for the 2.5 acre site. The building includes offices and 14 employees. Should the building size be prorated for a smaller lot than allowed by code in the Limited Business District? 3. Are the building materials allowed by code for this district? Are these the materials we want to see on I-94? 4. A list of hardships, stated by the applicant, is needed. Applicant stated he has submitted a letter listing his hardships, but it was not included in the packet received by Council. 5. Councilor DeLapp asked the City Attorney to review the hardships presented and offer his comments. 6. Storage/warehouse is not allowed in Limited Business. Should we state inside storage is not allowed in the CUP? 7. Clarification of footprint of building is needed. Would like updated drawing of what is being proposed so to review impervious surface coverage calculation and parking requirements based on the new footprint. 8. Is a drainage easement required for the outlet pipe from Tauer and/or Anderson referred to as Condition #8 in staff report and referred to in Tom Prew's letter of 5/8/97? This issue needs to be identified. If an easement is needed, it should be filed with the City. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 9. Councilor Dunn asked when staff goes to the County meeting in February to find out what the plans are for Highway 5. M/S/P Hunt/DeLapp — that these stated items be sent to the staff for review and comments, and that Walt Pechan be sent a copy of the conditions, and that the staff report back with a detailed report on these items before a CUP is prepared. Planner Terwedo indicated this could be done for the February 3`d meeting. (Motion passed 5-0). B. Amendment to Parking Standards During the development stage of the medical office building on the United Properties site, it was noted that the zoning code lacked specific regulations for planting requirements within the off-street parking areas. The Planning Commission reviewed the ordinance amendment at their January 12, 1998 meeting and recommended that the Council set a public hearing. M/S/P Conlin/DeLapp — to direct the staff to set a public hearing to amend Section 300.13, Subd. 6 Off - Street Parking, B. Planting requirements within parking and vehicular use areas. Councilor DeLapp will provide a drawing and definitions for double -loaded aisle and interior versus exterior landscaping.). C. Veterinarian Hospital Expansion Mike Nieuwsma, CEO and General Manager of the Veterinary Hospitals Association, has submitted an application for expansion of the crematorium and pet supply business located at 8601 34'h Street. Presently, the site is 2.04 acres in size and consists of a crematorium and a 40' x 90' storage building, which includes an office use. No amendments to the CUP or building permits were issued for conversion of a portion of the storage building into offices. The applicant is proposing to remove the existing structures on the site and construct a 3,200 sq.ft. crematorium and a 7,627 sq.ft. distribution/office building as part of Phase I. A 5,000 sq.ft. addition is to be added at a later date. The applicant is asking for an interpretation of the nature of what they have, how it relates to our current code, and how they can proceed from that point. Mike Nieuwsma stated they have a use that has been in operation for a number of years under the function of VHA or Dr. Swanson. They have had offices for a number of years and a distribution center where they warehouse veterinarian product. They have been working under the assumption that the CUP granted to Dr. Swanson allows them to do the veterinarian services, one of them being a storage facility and crematorium. VHA is leasing from Dr. Swanson with an option to buy. Attorney Filla reviewed the 1988 version of the CUP issued to Dr. Ray Swanson for a Vet Clinic, Animal Hospital, Crematory, and Dog Pound, subject to the condition that the owner may sell pet supplies, drugs, and kennel supplies as an accessory to this use. After 1988 or 1990, the list of allowed uses were changed without the City's consent. Converting a use from one that is allowed to one that is not allowed creates a legal non -conforming use. Filla warned the Council to proceed cautiously because what is done now may have the affect of transferring what may be an illegal use to a non -conforming use. By granting variances in Ag zone, you are actually rezoning the property for a commercial use. If this is what the City wants to do along the corridor, then it should take a look at rezoning the area. The staff needs to research the background information and the CUP to determine if the uses are legal or illegal. Councilor Conlin asked the staff to look at the existing bio-hazardous waste storage building located in the back of the main building. M/S/P Hunt/DeLapp —to postpone in order to research background, review uses on site, and work with Veterinary Hospital Association in deciding whether existing uses are allowed. (Motion passed 5-0). D. Manning Corridor EAW Administrator Kueffner asked that the Council submit their comments on the Manning Corridor EAW by Monday, January 26, in order to formulate a letter. The City Engineer will review the EAW. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 9. UNFINISHED BUSINESS: A. Linder's Greenhouse CUP Attorney Filla submitted a DRAFT resolution granting Linder's Greenhouse a CUP. Dates have not been received for an erosion control plan to be provided and a traffic study needs to be done. The City planner suggested the date of May 1, 1998 be inserted in the CUP. Attorney Filla will come back with a new CUP, B. Resolution Establishing Fees Administrator Kueffher provided a Resolution setting Fees for 1998. M/S/P Hunt/Dunn — to adopt Resolution No. 98-4, Establishing Fees. (Motion carried 4-0:Councilor DeLapp was out of the room during the vote on this motion). C. Formal Cost Estimate for Electricity for Signal Light at TH5 and CSAH 15 This item was tabled at the January 6, 1998 Council meeting because there appeared to be a discrepancy in the yearly cost for electricity for this proposed signal light. The City received a written estimate from Don Wisniewski, Washington County Public Works. Administrator Kueffner spoke with Joe Lux, from WCPW, who stated there is a possibility that all of the lights (not just the red) will have Light Emitting Diode (LED) heads. This may bring the costs down even further. The light that is proposed for this intersection is similar to the one at Hilton and Highway 36. That light's yearly cost is approximately $1800 per year, but has no LED heads. The streetlights will be attached to the signal light and will conform to our lighting standards. (shoebox design, brown in color). The total estimated cost for the signal lights, and the attached luminaries, will be approximately $700 per year. Council member Dunn asked that the propertyowner on the corner of the intersection be notified of the proposed signal. The City needs to know what the County plans for Hwy 5. Councilor DeLapp asked if there is a better way of guiding traffic than signals. M/S/P Hunt/Dunn — to postpone agreement and invite MnDOT and the County to come before the Council to discuss plans for the intersection at TH5 and CSAH15. (Motion passed 5-0). D. Update from MPCA on Landfill Cleanup At the last Council meeting, there was some question about the aeration that continues at the landfill site. It was the understanding of the City that once the gas extraction process was in place, the aeration would decrease. Nile Fellows, the MPCA project coordinator, stated that they must continue to aerate in an effort to dry out the garbage so that the chemical process that allows for the decomposition of the garbage, of which methane is a byproduct, is not stifled. The MPCA feels that there is water beneath the cap that should be removed. It was never their intention to eliminate all aeration. Water is being drawn from only one of the wells. Mr. Fellows agreed to provide the City with a copy of the annual report of this cleanup effort as soon as it is available and will attend a meeting to discuss this report. M/S/P Dunn/DeLapp — to invite Nile Fellows, MPCA, to clarify the landfill project aeration and review documentation for clean up and restoration and the MPCA timeframe. (Motion passed 5-0). E. Update on River Valley Church's Tree Removal and Lighting Administrator Kueffner talked to Pastor Dan Dennison of River Valley Christian Church about the trees that were removed around the church identification sign. Pastor Dennison said that the trees were removed because the church had received complaints that the sign was not visible, especially during the daytime hours. He also said there were no conditions in the approval he was given for the sign, or the church that would prohibit this. The church went along with the desires of the City as it relates to the size of the sign, in spite of the fact, the City did not have regulations in place at the time that governed the size of signs in the PF zoning district. The City did approve an illuminated sign. Pastor Dennison felt that while the light and sign may be offensive to some, it is a benefit to those that are trying to find his church. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 5 Administrator Kueffaer was asked to get a legal opinion on imposing the new lighting ordinance retroactively. 4F. Municipal Meeting on Annexation on February 18d' , 10 a.m. The Municipal Board will meet regarding the Annexation with Oak Park Heights at 10:00 a.m., Wednesday, February 18, 1998, in the Municipal Board Office. The purpose of this meeting is for Board discussion only. No new evidence will be taken. The decision will be based on the hearing record already compiled in this matter. M/S/P DeLapp/Hunt — to direct the City Attorney and Administrator to attend the February 18" Municipal Board meeting in the Municipal Board Office. (Motion passed 5-0). 9. CITY COUNCIL REPORTS: Council Member DeLapp attended the Minnesota Land Trust, East Side Chapter, Annual Meeting where Jim Hagstrom, Savanna Design, put on a wonderful, one -hour presentation of neatness and controlled landscaping. He suggested that Mr. Hagstrom put on this slide presentation to the City. Mayor John thought this would be an interesting show for the Lake Elmo Diary. Council Member Hunt reported there would be a MAC meeting in mid February. By the second meeting in February, he will have a short update on MAC activities. The Maintenance Dept, Fire Dept, and Facilities Task Group will be invited to discuss the affect of losing the Fire Station/Maintenance Facility. 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Employee Assistance Program Agreement with Sandcreek When the City was required by Federal Law to have a drug -testing program in place, the City found that the Sand Creek Group offered this service as well as an Employee Assistance Program. The City has budgeted for this as an annual expense. M/S/P DeLapp/Hunt — to approve the 1998 Employee Assistance Program Agreement between the Sand Creek Group, Ltd. And the City of Lake Elmo at a cost of $750,00, and to direct the Mayor to sign said agreement. (Motion passed 5-0). B. Discussion on Budget and Payroll When the Council adopted the 1998 Budget, it set this meeting as a time to review the budget and concerns raised by the Council. Council members were supposed to have written comments to staff no later than January 9, 1998, so that they had adequate time to prepare answers. Administrator Kueffaer suggested that the Council reschedules this item until February 17, 1998, and that the Council submits their comments no later than February 3`d. At that time, the Council can also discuss the employee evaluations, which will be sent out under separate cover prior to the meeting. M/S/P Hunt/Conlin — to direct the staff to place this item on the March 3,1998 regular Council agenda and that council members be directed to have written comments to staff no later than February 17"i or note that they have no comments on the Budget. (Motion passed 5-0). C. 1998 Law Enforcement Contract The City received a letter from Sheriff Frank regarding the 1998 Law Enforcement Contract with Washington County Sheriff s Department. It is estimated that the cost for law enforcement will be $215,545.04, which equates to approximately $34.78 per capita. Sheriff Frank has made an offer in his letter to meet with the Council to discuss areas of concerns you may have as well as his department's observations about the past year. The following were some questions the Council raised: Councilor LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 DeLapp asked if the problems we had are going down? What dictates the number of deputies a city needs? Mayor John requested awareness of areas of illegal activities in the City. Administrator Kueffner will get copies of budget for cities that have their own police department. M/S/P Hunt/DeLapp — to approve the 1998 Law Enforcement Contract with Washington County Sheriff's Department. (Motion passed 5-0). M/S/P Hunt/Del-app — to invite Sheriff Frank to the March 3`d Council meeting. (Motion passed 5-0). D. Resignation of Jim McLeod The City received a resignation by Jim McLeod from the Planning Commission. He is presently on the East Coast and will not be back in the City until sometime in March. M/S/P Hunt/Dunn — to accept the resignation of Jim McLeod from the Planning Commission and direct the staff to send him a thank you letter. (Motion passed 5-0). The Council adjourned the meeting at 9:50 p.m. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 ACCOUNTS PAYABLE - AP7002 COMBINED CHECK REGISTER 12:34PM 01/20/98 CITY OF LAKE ELMO PAGE 1 CHECK CHECK VENDOR VENDOR NUMBER DATE NO. NAME 13487 DEE 01/13/98 ***PRINT ALIGNMENT*** 13488 DEE 01/13/98 000120 PITNEY BOWES 13489 DEE 01/13/98 000182 TAUTGES,REDPATH E CO.,LTD 13490 DEE 01/13/98 000193 WASHINGTON COUNTY TREAS. 13491 DEE 01/13/98 000611 BIFFS, INC. 13492 THRU 13504 Payroll checks*** UNACCOUNTED FOR CHECKS *** 13505 DEE 01/20/98 ***PRINT ALIGNMENT*** 135 O yam' 13506 DEE 01/20/98 ***PRINT ALIGNMENT*** 13507 DEE 01/20/98 ***PRINT ALIGNMENT*** 13508 DEE 01/20/98 E00001 FOLZ.FREEMAN.DUPAY & ASSO 13509 DEE 01/20/98 i00002 J. BUXELL 13510 DEE 01/20/98 i00003 ESRI 13511 DEE 01/20/98 &00004 DISPLAY SALES 13512 DEE 01/20/98 000006 AMERICAN LINEN SUPPLY 13513 DEE 01/20/98 000007 CQ AUTO PARTS STLWR VERNS 13514 DEE 01/20/98 000037 ELMO'S LUMBER 13515 DEE 01/20/98 000048 GOPHER STATE ONE -CALL 13516 DEE 01/20/98 000049 GLENWOOD 13517 DEE 01/20/98 000054 NAGBERGS 13518 DEE 01/20/98 000058 IKON 13519 DEE 01/20/98 000075 LAKE ELMO OIL 13520 DEE 01/20/98 000091 MENARDS 13521 DEE 01/20/98 000106 NORTHERN AIRGAS 13522 DEE 01/20/98 000107 NORTH ST.PAUL 13523 DEE 01/20/98 000112 NORTHERN STATES POWER 13524 DEE 01/20/98 000113 OAKDALE 13525 DEE 01/20/98 000169 TMT 13526 DEE 01/20/98. 000173 TKDA 13527 DEE 01/20/98 000183 US WEST 13528 DEE 01/20/98 000193 WASHINGTON COUNTY TREAS. 13529 DEE 01/20/98 000194 WASHINGTON COUNTY P.W. 13530 DEE 01/20/98 000231 AT&T 13531 DEE 01/20/98 000523 SCHARBER & SONS 13532 DEE 01/20/98 000603 ST.CROIX OFFICE SUPPLIES PAYMENT PURCHASE AMOUNT 254.53 4050.00 39.00 90.21 Payroll Checks 169.31 2966.62 432.41 302.78 46.20 23.94 54.16 54.25 SUIL^SARY OF CLAIMS TO BE APPROVED 12.60 59.05 649.98 Check. 13437 thru 13550 838.83 293.15 12.00 1041.00 4279.17 ]o' 7.5 12533.85 3 2011011.45 284.39 304.00 796.82 38.07 86.90 45.48 ACCOUNTS PAYABLE - AP7002 COMBINED CHECK REGISTER CITY OF LAKE ELMO CHECK CHECK VENDOR VENDOR PAYMENT PURCHASE NUMBER DATE NO. NAME AMOUNT 13533 DEE 01/20/98 000607 HERITAGE 358.59 13534 DEE 01/20/98 000615 SEH 568.79 c 13535 DEE 01/20/98 000701 MN FIRE SERVICE CERT.BD. 70.00 13536 DEE 01/20/98 000702 BUBERL RECYCLING & COMPOS 24640.00 13537 DEE 01/20/98 000703 ALL FIRE TEST 52.50 13538 DEE 01/20/96 000704 SPRINGSTED n 12214.70 13539 DEE 01/20/98 000705 SURPLUS SERVICES 1794.25 13540 DEE 01/20/98 706000 MN DEPT. OF REVENUE 462.00 13541 THRU 13546 *** UNACCOUNTED FOR CHECKS ***QO 13547 DEE 01/20/98 ***PRINT ALIGNMENT*** 13548 DEE 01/20/98 ***PRINT ALIGNMENT*** 13549 DEE O1/20/98 ***PRINT ALIGNMENT*** 13550 DEE O1/20/98 000074 LAKE ELMO FIRE DEPT 82.71 13551 DEE 01/20/98 000092 MALMQUIST, GREG 1942.58 13552 DEE O1/20/98 000100 MARTENS, KEN 123.00 13553 DEE 01/20/98 000104 MINN.STATE TREASURER 2625.03 13554 DEE O1/20/98 000142 SACHS, JAMES 888.88 13555 DEE 01/20/98 000147 SACHS, RICHARD, SR 2188.18 13556 DEE -01/20/98 000156 ST.CROIX ANIMAL SHELTER 537.38 13557 DEE O1/20/98 000193 VASMNGT0N COUNTY TREAS. 97566.66 13558 DEE O1/20/98 000269 POLFUS IMPLEMENT,INC. 7514.42 13559 DEE 01/20/98 000305 BJORRMAN, JAMES 1664.20 13560 DEE O1/20/98 000310 EDER, JOHN 825.50 13561 DEE 01/20/98 000311 DUROY, DAVE 1248.44 13562 DEE O1/20/98 000312 VERDEJA, LEONEL 270.95 13563 DEE 01/20/98 000313 VANDEP44ELTRAADT, MARK 773.95 13564 DEE 01/20/98 000314 BERNARDY, PAUL 557.26 13565 DEE 01/20/98 000316 GRANGER, ANGELA 242.79 13566 DEE O1/20/98 000317 GRAGES, BRANT 845.95 13567 DEE O1/20/98 000318 SCHILL, CLIFF 1356.44 13568 DEE O1120/98 000319 SACHS, RICHARD,JR 402.03 13569 DEE O1/20/98 000320 KAUFENEERG, SCOTT 235.87 13570 DEE O1/20/98 000321 SPRINGBORN, RICH 893.03 13571 DEE O1/20/98 000322 PEPIN, DOUG 1177.13 12:34PM O1/20/98 PAGE 2 ACCOUNTS PAYABLE - AP7002 COMBINED CHECK REGISTER CITY OF LAKE ELMO CHECK CHECK VENDOR VENDOR PAYMENT. NUMBER DATE 140. NAME AMOUNT 13572 DEF 01/20/98 000438 HARTMAN, AARON 221.56 13573 DEF 01/20/98 000439 JOHNSON, BRIAN 690.88 13574 DEF 01/20/98 000440 HOWARD, CHRIS 1354.37 13575 DEF 01/20/98 000441 DAVIS, DENISE 228.49 13576 DEF 01/20/98 000511 WINKELS, BRAD 742.82 13577 DEF 01/20/98 000543 O'BRIEN, SHAWN 952.64 13578 DEF 01/20/98 000707 EMERGENCY APPARATUS MAINT 240.49 13579 DEF 01/20/98 000077 LMCIT 8174.00 13580 DEF 01/20/98 000467 UNT�RSITY OF MINNESOTA 80.00 CHECK TOTAL 239,340.96 12:31PM 01/20/98 PAGE 3 CITY OF LAKE ELMO City of Lake Elmo 777-5510 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 SPECIAL LAKE ELMO CITY COUNCIL MEETING NOTICE WEDNESDAY, JANUARY 21, 1998 6:30 P.M. THE LAKE ELMO CITY COUNCIL WILL MEET WEDNESDAY, JANUARY 21, 1998, AT 6:30 P.M., IN THE CITY COUNCIL CHAMBERS, 3 800 LAVERNE AVENUE NORTH, LAKE ELMO AGENDA 1. PCS Ordinance 2. Meeting with Metropolitan Council Staff/Discussion regarding I-94 Corridor and Related Planning Issues ****I-94 TASK FORCE AND PLANNING CONBIISSION ARE INVITED AND ENCOURAGED TO ATTEND* * * * 01 printed on recycled paper Minutes Approved: February 3,1998 LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 1. AGENDA 2. MINUTES: January 6, 1998 3. CLAIMS 4. PUBLIC INFORMATIONAL: A. Jaycee Proclamation B. Correction on date of Consolidation Study Committees Meeting C. Maintenance Advisory Membership D. St. Croix Valley Transit Redesign E. Community Alert Network F. Corridor Plan for T.H. 36 subarea between T.H. 5 and I-694 5. CONSENT AGENDA: A. Non -Intoxicating Malt Liquor License For Oasis Market B. Meeting with Met Council 6. CITY ENGINEER'S REPORT:None 7. MAINTENANCE/PARKS/FIRE:None 8. PLANNING, LAND USE, AND ZONING: A. Countryside Wood Products B. Amendment to Parking Standards C. Veterinarian Hospital Expansion D. Manning Corridor EAW 9. UNFINISHED BUSINESS: A. Linder's Greenhouse CUP B. Resolution Establishing Fees C. Formal Cost Estimate for Electricity for Signal Light at TH5 and CSAH 15 D. Update from MPCA on Landfill Cleanup E. Update on River Valley Church's Tree Removal and Lighting F. Municipal Meeting on Annexation on February 18, 1998 10. CITY COUNCIL REPORTS: 11. CITY ATTORNEY'S REPORT: 12. CITY ADMINISTRATOR'S REPORT: A. Employee Assistance Program Agreement with Sandcreek B. Discussion on Budget and Payroll C. 1998 Law Enforcement Contract D. Resignation of Jim McLeod from the Planning Commission Mayor John called the Council meeting to order at 7:00 p.m, in the Council Chambers. PRESENT: Hunt, Dunn, John, Conlin, DeLapp, City Attorney Filla, City Engineer Prew, City Planner Terwedo and Administrator Kueffner. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 1 1. AGENDA M/S/P DeLapp/Hunt — to approve the January 20, 1998 City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: January 6, 1998 M/S/P DeLapp/Hunt — to approve the January 6, 1998 City Council minutes, as amended. (Motion passed 5-0). 3. CLAIMS M S/P Hum/DeLapp — to approve the January 20, 1998 Claims, Check #13487 through #13580, as presented. (Motion passed 5-0). 4. PUBLIC INFORMATIONAL: A. Jaycee Proclamation MAYOR JOHN PROCLAIMED THE WEEK OF JANUARY 18TH TO 24TH, 1998, AS JAYCEE WEEK AND URGED ALL CITIZENS OF OUR COMMUNITY TO GIVE FULL REGARD TO THE PAST AND CONTINUING SERVICE OF THE JAYCEES. B. The Consolidation Committee Meeting is scheduled for Tuesday, January 27, 1998, 7 p.m., in the City Hall, Parks Building, and at the Civil Air Patrol hangar in Baytown. C. Maintenance Advisory Membership Council member Hunt asked if there is anyone interested in serving on the Maintenance Advisory Committee to contact City Hall for an application. The vacancies on the MAC will be advertised in the City Newsletter. D. St. Croix Valley Transit Redesign The Metropolitan Council will hold two public hearing, Noon and 6 p.m., on January 29, 1998, on a plan to redesign transit services in Oakdale, Lake Elmo, Bayport, Oak Park Heights and Stillwater. The proposed service plan would go into effect in September 1998, with a combination of big buses and small buses that provide residents with a range of transit options. E. Community Alert Network Washington County announced that a new method of emergency warning and notification, called the Community Alert Network (CAN), will be available on a Countywide basis starting in February. Washington County is the first in the State to install this system. A public information meeting to demonstrate and describe how the system works is scheduled for Tuesday, January 27, 1998, 7 p,m., Washington County Government Center. F. Corridor Plan for T.H.36 subarea between T.H. 5 and I-694 MN/DOT Metro Division and Washington County have agreed to a partnership for developing a corridor plan for the T.H. 36 subarea between T.H.5 and I-694. The subarea includes the state, county, and local road systems between T.H. 96 to the north and T.H. 5 to the south. An invitation was extended to any City representative to attend the meeting on February 11, 1998, at 3 p.m., in the Public Works Building conference room to review the study scope and consultant selection process. The Council felt the proposed project has a major impact on Lake Elmo and on Highway 5 and asked the City Engineer and Planner to attend this meeting. Representatives from MN/DOT will be invited to attend the March 3rd Council meeting to discuss this project. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 M/S/P Hunt/DeLapp — to direct the City Planner, City Engineer and Mayor to attend the meeting on the Corridor Plan for T.H. 36 on February 11, 1998, 3 p.m., at the Washington County Public Works Building conference room. (Motion passed 5-0). 5. CONSENT AGENDA: A. Non -Intoxicating Malt Liquor License for Oasis Market Twin Cities Stores, Inc., (Oasis Market), has submitted their application for a non -intoxicating off -sale liquor license. The City received their certificate of insurance and their liquor license fee of $150. M/S/P DeLapp/Dunn - to approve the 1998 Non -Intoxicating Off -Sale Liquor License for the Oasis Market located at 11025 10'h St. N.; conditioned upon approval by the Washington County Sheriff and County Attorney. (Motion passed 5-0). B. Meeting with Met Council A special meeting has been called for Wednesday, January 21, 1998, 6:30 p.m., City Council Chambers, to discuss the PCS Ordinance (Wireless Telecommunication Tower) and to review with Met Council staff the Regional Blueprint Plan with some emphasis on I-94 Corridor and relating planning issues. This meeting will be cabled and go out live. 6. CITY ENGINEER'S REPORT:None 7. MAINTENANCE/PARKS/FIRE:None 8. PLANNING, LAND USE, AND ZONING: A. Countryside Wood Products On August 20, 1996, the City Council continued the application for a 7,500 sq.ft. Woodworking shop/office building located at 8603 N. 341h Street. The applicant, Walt Pechan, agreed to this continuance. Planner Terwedo stated in her August 20, 1996 staff report, there was a drainage issue, and the applicant needed to direct his storm water runoff northeast instead of southeast because the property owner to the south would not grant him the easement. Variances are needed to lot size, lot depth requirements, front building setback, rear parking setback, and front parking setback. A Conditional Use Permit is needed for the woodworking/office building. The applicant has received a utility permit from MnDOT, and a Valley Branch Watershed permit has been issued. The staff was directed to review the following items: 1. Office computation versus parking demand. 2. Applicant stated building is 10,000 sq.ft., which is the maximum allowed for the 2.5 acre site. The building includes offices and 14 employees. Should the building size be prorated for a smaller lot than allowed by code in the Limited Business District? 3. Are the building materials allowed by code for this district? Are these the materials we want to see on I-94? 4. A list of hardships, stated by the applicant, is needed. Applicant stated he has submitted a letter listing his hardships, but it was not included in the packet received by Council. 5. Councilor DeLapp asked the City Attorney to review the hardships presented and offer his comments. 6. Storage/warehouse is not allowed in Limited Business. Should we state inside storage is not allowed in the CUP? 7. Clarification of footprint of building is needed. Would like updated drawing of what is being proposed so to review impervious surface coverage calculation and parking requirements based on the new footprint. 8. Is a drainage easement required for the outlet pipe from Tauer and/or Anderson referred to as Condition #8 in staff report and referred to in Tom Prew's letter of 5/8/97? This issue needs to be identified. If an easement is needed, it should be filed with the City. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 9. Councilor Dunn asked when staff goes to the County meeting in February to find out what the plans are for Highway 5. M/S/P Hunt/DeLapp — that these stated items be sent to the staff for review and comments, and that Walt Pechan be sent a copy of the conditions, and that the staff report back with a detailed report on these items before a CUP is prepared. Planner Terwedo indicated this could be done for the February 3rd meeting. (Motion passed 5-0). B. Amendment to Parking Standards During the development stage of the medical office building on the United Properties site, it was noted that the zoning code lacked specific regulations for planting requirements within the off-street parking areas. The Planning Commission reviewed the ordinance amendment at their January 12, 1998 meeting and recommended that the Council set a public hearing. M/S/P Conlin/DeLapp — to direct the staff to set a public hearing to amend Section 300.13, Solid. 6 Off - Street Parking, B. Planting requirements within parking and vehicular use areas. Councilor DeLapp will provide a drawing and definitions for double -loaded aisle and interior versus exterior landscaping.). C. Veterinarian Hospital Expansion Mike Nieuwsma, CEO and General Manager of the Veterinary Hospitals Association, has submitted an application for expansion of the crematorium and pet supply business located at 8601 346 Street. Presently, the site is 2.04 acres in size and consists of a crematorium and a 40' x 90' storage building, which includes an office use. No amendments to the CUP or building permits were issued for conversion of a portion of the storage building into offices. The applicant is proposing to remove the existing structures on the site and construct a 3,200 sq.ft. crematorium and a 7,627 sq.ft. distribution/office building as part of Phase I. A 5,000 sq.ft. addition is to be added at a later date. The applicant is asking for an interpretation of the nature of what they have, how it relates to our current code, and how they can proceed from that point. Mike Nieuwsma stated they have a use that has been in operation for a number of years under the function of VHA or Dr. Swanson. They have had offices for a number of years and a distribution center where they warehouse veterinarian product. They have been working under the assumption that the CUP granted to Dr. Swanson allows them to do the veterinarian services, one of them being a storage facility and crematorium. VHA is leasing from Dr. Swanson with an option to buy. Attorney Filla reviewed the 1988 version of the CUP issued to Dr. Ray Swanson for a Vet Clinic, Animal Hospital, Crematory, and Dog Pound, subject to the condition that the owner may sell pet supplies, drugs, and kennel supplies as an accessory to this use. After 1988 or 1990, the list of allowed uses were changed without the City's consent. Converting a use from one that is allowed to one that is not allowed creates a legal non -conforming use. Filla warned the Council to proceed cautiously because what is done now may have the affect of transferring what may be an illegal use to a non -conforming use. By granting variances in Ag zone, you are actually rezoning the property for a commercial use. If this is what the City wants to do along the corridor, then it should take a look at rezoning the area. The staff needs to research the background information and the CUP to determine if the uses are legal or illegal. Councilor Conlin asked the staff to look at the existing bio-hazardous waste storage building located in the back of the main building. M/S/P Hunt/DeLapp — to postpone in order to research background, review uses on site, and work with Veterinary Hospital Association in deciding whether existing uses are allowed. (Motion passed 5-0). D. Manning Corridor EAW Administrator Kueffner asked that the Council submit their comments on the Manning Corridor EAW by Monday, January 26, in order to formulate a letter. The City Engineer will review the EAW. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 91 A. Linder's Greenhouse CUP Attorney Filla submitted a DRAFT resolution granting Linder's Greenhouse a CUP. Dates have not been received for an erosion control plan to be provided and a traffic study needs to be done. The City planner suggested the date of May 1, 1998 be inserted in the CUP. Attorney Filla will come back with a new CUP. B. Resolution Establishing Fees Administrator Kueffner provided a Resolution setting Fees for 1998. M/S/P Hunt/Dunn — to adopt Resolution No. 98-4, Establishing Fees. (Motion carried 4-0:Councilor DeLapp was out of the room during the vote on this motion). C. Formal Cost Estimate for Electricity for Signal Light at TH5 and CSAH 15 This item was tabled at the January 6, 1998 Council meeting because there appeared to be a discrepancy in the yearly cost for electricity for this proposed signal light. The City received a written estimate from Don Wisniewski, Washington County Public Works. Administrator Kueffner spoke with Joe Lux, from WCPW, who stated there is a possibility that all of the lights (not just the red) will have Light Emitting Diode (LED) heads. This may bring the costs down even further. The light that is proposed for this intersection is similar to the one at Hilton and Highway 36. That light's yearly cost is approximately $1800 per year, but has no LED heads. The streetlights will be attached to the signal light and will conform to our lighting standards. (shoebox design, brown in color). The total estimated cost for the signal lights, and the attached luminaries, will be approximately $700 per year. Council member Dunn asked that the propertyowner on the corner of the intersection be notified of the proposed signal. The City needs to know what the County plans for Hwy 5. Councilor DeLapp asked if there is a better way of guiding traffic than signals. M/S/P Hunt/Dunn — to postpone agreement and invite MnDOT and the County to come before the Council to discuss plans for the intersection at TH5 and CSAH15. (Motion passed 5-0). D. Update from MPCA on Landfill Cleanup At the last Council meeting, there was some question about the aeration that continues at the landfill site. It was the understanding of the City that once the gas extraction process was in place, the aeration would decrease. Nile Fellows, the MPCA project coordinator, stated that they must continue to aerate in an effort to dry out the garbage so that the chemical process that allows for the decomposition of the garbage, of which methane is a byproduct, is not stifled. The MPCA feels that there is water beneath the cap that should be removed. It was never their intention to eliminate all aeration. Water is being drawn from only one of the wells. Mr. Fellows agreed to provide the City with a copy of the annual report of this cleanup effort as soon as it is available and will attend a meeting to discuss this report. M/S/P Dunn/DeLapp — to invite Nile Fellows, MPCA, to clarify the landfill project aeration and review documentation for clean up and restoration and the MPCA timeframe. (Motion passed 5-0). E. Update on River Valley Church's Tree Removal and Lighting Administrator Kueffner talked to Pastor Dan Dennison of River Valley Christian Church about the trees that were removed around the church identification sign. Pastor Dennison said that the trees were removed because the church had received complaints that the sign was not visible, especially during the daytime hours. He also said there were no conditions in the approval he was given for the sign, or the church that would prohibit this. The church went along with the desires of the City as it relates to the size of the sign, in spite of the fact, the City did not have regulations in place at the time that governed the size of signs in the PF zoning district. The City did approve an illuminated sign. Pastor Dennison felt that while the light and sign may be offensive to some, it is a benefit to those that are trying to find his church. LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 Administrator Kueffner was asked to get a legal opinion on imposing the new lighting ordinance retroactively. F. Municipal Meeting on Annexation on February 18`" , 10 a.m. The Municipal Board will meet regarding the Annexation with Oak Park Heights at 10:00 a.m., Wednesday, February 18, t998, in the Municipal Board Office. The purpose of this meeting is for Board discussion only. No new evidence will be taken. The decision will be based on the hearing record already compiled in this matter. M/S/P DeLapp/Hunt — to direct the City Attorney and Administrator to attend the February 18a' Municipal Board meeting in the Municipal Board Office. (Motion passed 5-0). 9. CITY COUNCIL REPORTS: Council Member DeLapp attended the Minnesota Land Trust, East Side Chapter, Annual Meeting where Jim Hagstrom, Savanna Design, put on a wonderful, one -hour presentation of neatness and controlled landscaping. He suggested that Mr. Hagstrom put on this slide presentation to the City. Mayor John thought this would be an interesting show for the Lake Elmo Diary. Council Member Hunt reported there would be a MAC meeting in mid February. By the second meeting in February, he will have a short update on MAC activities. The Maintenance Dept, Fire Dept, and Facilities Task Group will be invited to discuss the affect of losing the Fire Station/Maintenance Facility. 10. CITY ATTORNEY'S REPORT 11. CITY ADMINISTRATOR'S REPORT: A. Employee Assistance Program Agreement with Sandcreek When the City was required by Federal Law to have a drug -testing program in place, the City found that the Sand Creek Group offered this service as well as an Employee Assistance Program. The City has budgeted for this as an annual expense. M/S/P DeLapp/Hunt — to approve the 1998 Employee Assistance Program Agreement between the Sand Creek Group, Ltd. And the City of Lake Elmo at a cost of $750.00, and to direct the Mayor to sign said agreement. (Motion passed 5-0). B. Discussion on Budget and Payroll When the Council adopted the 1998 Budget, it set this meeting as a time to review the budget and concerns raised by the Council. Council members were supposed to have written comments to staff no later than January 9, 1998, so that they had adequate time to prepare answers. Administrator Kueffner suggested that the Council reschedules this item until February 17, 1998, and that the Council submits their comments no later than February P. At that time, the Council can also discuss the employee evaluations, which will be sent out under separate cover prior to the meeting. M/S/P Hunt/Conlin — to direct the staff to place this item on the March 3,1998 regular Council agenda and that council members be directed to have written comments to staff no later than February 17" or note that they have no comments on the Budget. (Motion passed 5-0). C. 1998 Law Enforcement Contract The City received a letter from Sheriff Frank regarding the 1998 Law Enforcement Contract with Washington County Sheriffs Department. It is estimated that the cost for law enforcement will be $215,545.04, which equates to approximately $34.78 per capita. Sheriff Frank has made an offer in his letter to meet with the Council to discuss areas of concerns you may have as well as his department's observations about the past year. The following were some questions the Council raised: Councilor LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 DeLapp asked if the problems we had are going down? What dictates the number of deputies a City needs? Mayor John requested awareness of areas of illegal activities in the City. Administrator Kueffner will get copies of budget for cities that have their own police department. M/S/P Hunt/DeLapp — to approve the 1998 Law Enforcement Contract with Washington County Sheriff s Department. (Motion passed 5-0). M/S/P Hunt/DeLapp — to invite Sheriff Frank to the March 3`d Council meeting. (Motion passed 5-0). D. Resignation of Jim McLeod The City received a resignation by Jim McLeod from the Planning Commission. He is presently on the East Coast and will not be back in the City until sometime in March. M/S/P Hunt/Dunn — to accept the resignation of Jim McLeod from the Planning Commission and direct the staff to send him a thank you letter. (Motion passed 5-0). The Council adjourned the meeting at 9:50 p.m. Respectfully submitted by Sharon Lumby, Deputy City Clerk Resolution No. 98-4 Establishing Fees LAKE ELMO CITY COUNCIL MINUTES JANUARY 20, 1998 Mayer: Lake Elmo City Council Wyn John Councilmembers: 3800 Laverne Avenue Rita Conlin January 20,1998 Lake Elmo, MN 55042 Susan Dunn Steve DeLapp 7:00 PM 777-5510 777-9615 Fax (Fax) Lee Hunt 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. WORKSHOP WITH CITY ATTORNEY 6:30 P.M. Regular Meeting Convenes 7:00 PM Agenda Pledge of Allegiance 1. Agenda 2. Minutes January 6, 1998 3. Claims 4. Public Informational A. Jaycee Proclamation B. Correction on date of Consolidation Study Committees Meeting C. Other 5. Consent Agenda A. Non -Intoxicating Malt Liquor License For Oasis Market B. Other —ake Elmo City Council Agenda January 20, 1998 Page 2 6. City Engineer's Report Tom Prow 7. Maintenance/Parks/Fire 8. Planning, Land Use and Zoning Ann Terwedo A. Countryside Wood Products B. Amendment to Parking Standards C. Veterinarian Hospital Expansion D. Other 9. Unfinished Business A. Linder's Greenhouse CUP B. Resolution Establishing Fees C. Formal Cost Estimate for Electricity For Signal Light at TH5 and CSAH 15 D. Update from MPCA on Landfill Cleanup E. Update on River Valley Church's Tree Removal and Lighting 10. City Council Reports A. Mayor John B. Councilmember Conlin C. Councilmember DeLapp D. Councilmember Dunn E. Councilmember Hunt 11. City Attorney's Report Jerry Filla Mary Kueffner 12. Administration A. Employee Assistance Program Agreement with Sandcreek B. Discussion on Budget and Payroll C. 1998 Law Enforcement Contract D.