HomeMy WebLinkAbout01-17-06 CCPMayor:
Dean Johnston
Council members:
Rita Conlin
Steve DeLapp
Liz Johnson
Anne Smith
Please read:
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3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
Since the City Council does not have time to discuss every point presented, ii 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
City Council eeting Convenes 7:00 P
Pledge of Allegiance
1. Agenda
2. Minutes:
3. PUBLIC INOUIRIES/INFORMATIONAL,:
A. PUBLIC INFORMATIONAL:
(1) Lake Elmo Jaycees Donation
4. CONSENT AGENDA
A. (1) Resolution No. 2006-007:Approving
Claims
(2) Resolution No. 2006-008:Approving
Claim
B. Pay Scale Adjustment
C. Trade-in 321 Case Loader for 580 Case
Backhoe
5. FINANCE
6. NEW BUSINESS
A. Organizational:Planning Commission
Appointments
B. Organizational:Parks Commission
Appointment
C. Mayor — Four Year Term
December 6, 2005, January 3, 2006
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the
agenda. In addressing the Council, please state your name and
address for the record, and a brief summary of the specific item
being addressed to the Council. To allow adequate time for
each person wishing to address the Council, we ask that
individuals limit their comments to three (3) minutes. Written
documents may be distributed to the Council prior to the
meeting or as bench copies, to allow a more timely presentation,
Those items listed under the Consent Calendar are considered to
be routine by the City Council and will be enacted by one
motion under a Consent Calendar format. There will be no
separate discussion of these items unless a Council member so
requests, in which event, the item will be removed from the
general order of business and considered separately in its normal
sequence on the agenda.
Lake Elmo City Council Agenda
January 17, 2006
Page 2
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Maintenance Dept. — Gen Set (generator)
B. Update on Building Dept. Activities:Jim
McNamara
8. CITY ENGINEER'S REPORT: Tom Prew
A. Public Hearing: Water Systems
Interconnection Phase IV Project:Resolution
Ordering Plans and Specs — Resolution No.
2006-09
9. PLANNING, LAND USE & ZONING: C. Dillerud
A. Austad/Pierre/Hurt — Wastewater
Treatment
B. Appeal of Administrative
Determination: Gormans Restaurant
C. Appeal of Administrative Order - Rod
Sessing
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Appointment of Fire Chief to Full Time
Status
B. Begin Hiring Process on Assistant City
Planner and Engineer
C. Set date for Council/Parks/Washington
County Technical Committee meeting
D. Fire Department Operational Policy
Manual
12. CITY COUNCIL REPORTS: -
A. Mayor Johnston
B. Council Member Conlin
C. Council Member DeLapp
D. Council Member Johnson
E. Council Member Smith
LAKE ELMO CITY COUNCIL MINUTES
DECEMBER 6, 2005
1. AGENDA
2. MINUTES; November 15, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL
A. Public Inquiries
B. Public Informational
(1) Donation to Lake Elmo: Betsy Lundquist
(2) John Elholm — Lake Elmo Park Reserve Master Plan
4, CONSENT AGENDA:
A. Resolution No. 2005-128: Approving Claims
B. Resolution No. 2005-130: Statutory Tort Limits on Liability Insurance
C. 2006 Liquor Licenses
D. Resolution No, 2005-129:Partial Payment to Asphalt for Hilltop
Avenue
E. Workers' Compensation for Elected Offiei o u No. 2005-140
5. FINANCE:
A. Tax Levy Adoption:Resolution No,,,2005-1
B. General Fund Budget:Resolution NO. zq
6. NEW BUSINESS:
A. Out -of -State Travel Policy 10 \oun esolution No, 2005-133
7, MAINTENANCE/PARK/FIRE/B
A. Fire Department:Promote
134
B. (1) Building Dv ent:E .pdi 1 on Building Activities
(2) Council D eussion„,xi! Side Yard Retaining Wall — verbal
(3) Relationship of Garac to 1 lome Size — Verbal
8. CITY ENG RT
A. Resoldion :Accept Feasibility Report for Phase IV Water
Sylein Intercorni#t 6ject and Order Public Hearing
B. Agreement for Overhead Street lighting on 10`11 Street and Keats Avenue
C. Rvised Aulhorization for Professional Services: Civil Defense Sirens -
Verbal
9. PLANNING, LAND USE, AND ZONING:
A. Final Plat, Final PUD Plan and Site Plan — United Properties:Resolution
No. 2005-136
B. 2006-2010 Capital Improvements Program (CIP): Resolution No 2005-
137
C. Final Plat and Development Agreement:Sanctuary of Lake Elmo;
Resolution No. 2005-138
D. CDBG Application; Resolution No, 2005-139
10. CITY ATTORNEY'S REPORT:
A. Council Discussion Public Communication Personnel Issues — Council
Member Johnson — verbal
; Resolution No. 2005-
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
11. CITY ADMINISTRATOR'S REPORT:
A. Snowmobile Ordinance; Ordinance No. 97-164
B. 3M Park Donation — Verbal
12, CITY COUNCIL REPORTS:
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
chambers. PRESENT: Conlin, Smith, Johnston, Johnson, DeLapp, City Engineer Prew,
City Planner Dillerud, City Attorney Filla, Building Official McNamara, Finance
Director Tom Bouthilet and Administrator Rafferty.
1. AGENDA
5A. Public Hearing tax adoption; Nov 1 meetlng minutes reconsidered; 10B. Update by
City Attorney on closed session.
M/S/P Johnson/DeLapp - to approve the December 6, 2005 City
amended. (Motion passed 5-0).
2. MINUTES: November 15, 2005
agenda, as
M/S/P Johnson/Smith - to approve the November 152005 Clty Council Minutes, as
amended. (Motion passed 4-0-1: Abstain:DeLapp
MINUTES: November 1, 2005.
M/S/P Johnson/Johnston - to reconsider amend.
(Motion passed 5-0)
Amendments to November 1
City Council Minutes.
eeting will be in bold print.
3. PUBLIC INOUIRIE ATIONAL
A. Public Inquiries
Susan Dunn askeetethe Lake Elmo mprehensive Plan had been submitted to the
neighboring commAties and the, et Council. The City Planner responded that the
City's Comp plan had been submitted to the Metropolitan Council and the neighboring
communities, school districts-aniWatershed Districts. He explained when the Met
Council staff received the Plan for review there were things they would like to see and
found it incomplete,.. recognizing what they are defining what is complete.
Council member DeLapp asked for a detailed set of minutes of the November 19th
hearing where Council members Johnston and Smith, Administrator Rafferty and Planner
Dillerud met the Met Council staff members. He said the purpose of the meeting was to
discuss litigation deficiencies the Met Council staff expected to see in the Comprehensive
Plan.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 2
B. Public Informational
(1) Donation to Lake Elmo: Betsy Lundquist
Brad Winkels, President of the Lake Elmo Fire Relief Association, read a letter from the
Lundquist family describing their father, Bill Lundquist, as a man who always wanted to
be involved in his community. Bill Lundquist supported the Lake Elmo Fire Department
and touted their skill and needs to everyone and made a $20,000 donation to the relief
association.
MJS/P DeLapp/Conlin — to install a plaque of thanks on the wall of the Lake Elmo Fire
Station in recognition of Lundquist donation to the Firemen Relief Association and the
community over the years. (Motion passed 5-0.)
(2) John Elholm — Lake Elmo Park Reserve Master Plan
County Parks Director Jim Luger and Larry Walker, reviewed the Lake Elmo Park
Master Plan draft that contained additions of a natural & cultural resource
protection/restoration, interpretation, camping, picnicking, water based facilities'
trails
(cross country ski trails) (mountain bike) (paved trails), miscellaneotisfacilitiesarchery)
(winter recreation)
John Elholm, Washington County Senior Parks Planif
based on public comments. Suggestions were approve
the proposed item fit into the area and the p rpo
that most of the plan was
ected based on how well
Mike DeNoma, who lives on Klondike Avenu. supported what they have done
but had concerns on who pays the cost ofthis uniMProved road.
The City Planner responded tins is a
Old Village that we never hadli1
he systems plan which focuses on the
;13e a City project.
Mr. Luger said the County offiiUs expectingto have a final draft available in early
January with a pubjttefttatively
hearing slated ,for February or March. The County
board will vote
an after the public hearing, and if approved, it would be sent to
n the Metropolitan CoureviewThe reserve is a regional park and as such, the
council works with the c o develop policies that fit into the overall system and its
priorities.
Mr. Elhom said this is really a vision for the next 15 years. There may be nothing
happening even with the plan in place for years. It guides development as funds become
available.
Council member DeLapp asked questions - if there is a provision for ultimate buyout,
what are the current canopy and the proposed canopy. Mr. DeLapp said he received a
letter from Bob Schumacher, Chair of the Lake Elmo Parks Coinmission, asking where
these trails came from. Mr. Luger said he would take all the questions and add to the draft
which will be made public.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
The Council said it appreciated the opportunities for discussion because preserving the
park reserve is a very important item to Lake Elmo,
M/S/P DeLapp/Conlin - to schedule a workshop meeting with our three City
representatives on the Lake Elmo Park Master Plan Draft Committee and extend an invite
to the Parks Commission. (Motion passed 5-0.)
4. CONSENT AGENDA:
A. Resolution No, 2005-128: Approving Claims
M/S/P Johnson/Conlin - to approve Resolution No. 2005-128, A Resolution Approving
claim numbers 292 through 295, DD573 through DD582, 28269 through 28308 which
were used for Staff Payroll dated November 23, 2005; claims 28309 through 28350, in
the total amount of $448,493.35. (Motion passed 5-0).
B. Resolution No, 2005-130: Statutory Tort Limits on Liability Insurance
The Finance Director reported the City obtains liability coverage through thc League of
Minnesota Cities Insurance Trust for buildings and vehicles. The eoveraga1so covers
tort liability. Because of this coverage, the City must decide whether or not to waive the
monetary limits on municipal tort liability as established Minnesota Statutes 466.04.
He noted that the City has elected not to waive th. tort Ilability and staff recommended
that the City adopt a resolution stating that the Cily does not waivethe monetary limits on
municipal tort liability. „
MIS/P Johnson/Conlin - to adopt,Resolution 005-130, A Resolution Stating the City
of Lake Elmo Does Not Waive Monetary itS on Municipal Tort Liability.
(Motion passed 5-0).
C. 200, , c e
40'
M/S/P Johnson/C - to giant 2006 On -Sale intoxicating liquor and On -Sale Sunday
intoxicating license toSM Clubil St. Paul (Operators of Tartan Park) and to the Machine
Shed Restaurant by Heth of,Ainerica Restaurants and Inn; based on approval of the
Washington County Sheriffs Department. (Motion passed 5-0).
M/S/P Johnson/Conlin - to grant a 2006 On -sale intoxicating liquor, Off -Sale intoxicating
liquor, and On -Sale Sunday intoxicating liquor license to the Twin Point Tavern and
Lake Elmo Inn; based on approval of the Washington County Sheriff's Department.
(Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 4
D. Resolution No. 2005-129:Partial Payment to Tower Asphalt for Hilltop
Avenue
The City Engineer reported that Tower Asphalt has completed the 2005 Street Repairs -
Hilltop Avenue, The only work remaining is to make sure the grass seed comes up in the
spring. The City Engineer recommended approval of Partial Payment No, 2 in the
amount of 115,822.71.
M/S/P Johnson/Conlin - to approve Resolution No 2005-129, A Resolution Approving
Partial Payment to Tower Asphalt in the amount of $115,822.71 for work completed on
2005 Street Repairs -Hilltop Avenue, as verified by the City Engineer in his memo dated
December 1, 2005. (Motion passed 5-0).
E. Workers' Compensation for Elected Officials; Resolution No. 2005-140
The Finance Director reported Minnesota Statute 176.001 sub (5) provides that
"municipal officers elected or appointed for a regular term o considered to be
employees for workers' compensation purposes only if the ity has 'passed an ordinance
or resolution to that effect. This would provide coverage for elected officials injured
while performing his or her duties.
M/S/P Johnson/Conlin - to approve Resolution No, 2
Workers' Compensation Coverage for E1ectedOffici*
5. FINANCE:
A. Tax Levv Adoption10%.lutionWdr2005-131
0, A Resolution Regarding
The Mayor opened up the
There were no comments.
The Mayor closed the He
on passed 5-0).
ng ae8i47 p.rn 'n the City Council chambers.
:48aP,m•
The Finance Director provided two resolutions for Adoption of the Final 2006 Budget
and Levy. He repWrted the 2006 proposed tax rate remains the same as 2005 and reflects
an 11.74% increase ifiktkLevy‘Shich is attributed to an increase in property valuations.
Future development relate: feesaccounts for 88% of the total increase in revenue.
M/S/P Johnston/Smith - to adopt Resolution No. 2005-131 Adopting the Final Tax Levy
in the total amount of $2, 4994O. (Motion passed 5-0).
B. General Fund BudRet:Resolution No. 2005-132
M/S/P JohnstonlDeLapp resolution No. 2005-132, A Resolution Adopting the proposed
2006 General Fund Budget in the amount of $3,566,804, (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 5
6. NEW BUSINESS:
A. Out -of -State Travel Policy for City Council; Resolution No. 2005-133
State Statutes 471.661 states that by January 1, 2006, the governing body must develop a
policy that controls travel outside the State of Minnesota for the applicable elected
officials of the relevant unit of government. A draft policy was provided for Council
review.
M/S/P Johnson/DeLapp — to delete "reasonable" and in #6 as amended add after tips
"under $10". (Motion passed 5-0.)
M/S/P Smith/DeLapp - to approve Resolution No, 2005-133, as amended, the City of
Lake Elmo Elected Officials (Mayor and City Council) Out -of -State Travel Policy.
(Motion passed 5-0).
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Fire Department Promote Mutual Aid ARreement;,,Resolution No. 2005-
134
At its November 15th meeting, the City Council delayed action on
Fire Chief could provide the March 10, 2005 memo whiClists the
initial implementation. The Council received a copy s memo
em so that the
nine steps needed for
M/S/P Johnson/Smith - to adopt Resolution No. 2005-134, A Resolution Promoting the
Use of Intrastate Mutual -Aid Agreements. (ILpassed
B. (1) Building Department:Update an Building Activities
The Building Official reported there were',Two neW=residential building permits issued
==== =-=
and no new commercial building month of November.
======
Side Yard Retaining Wall — See City Attorney's
agto Home Size — See City Attorney's Report
8. CITY ENGINEER'S REPORT:
A. Resolution NO.:2005-135:Accent Feasibility Report for Phase IV Water
System Intercennect Project and Order Public Hearing
The City Engineer provided and summarized a Water Systems Interconnection Phase IV
Feasibility Report. He said the City has undertaken a project to build an elevated storage
tank at the new Public Works site near the Intersection of Ideal Avenue and TH5. A
trunk water main is necessary to connect the water tower to the remainder of the water
system. He said to accomplish this; a 16-inch water main is required from the water
tower to the intersection of CSAH6 and TH5. This water main would lie in the south
boulevard of TH5. There are a few commercial properties along TH5 that will receive a
benefit and will have the ability to connect to this water main.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 6
M/S/P DeLapp/Johnson - to adopt Resolution No, 2005-135, A Resolution Receiving the
Feasibility Report and Calling A Hearing for January 17, 2006 on the Water Systems
Interconnection — Phase IV Project. (Motion passed 5-0).
Council member DeLapp brought up his concern on the City not requiring sprinkling the
buildings because of the interpretation of State Building Codes and Standards. Council
member DeLapp will work with staff on reinstating the sprinkling ordinance.
B. Avreement for Overhead Street Lighting on 10th Street and Keats Avenue
The City Engineer reported Washington County is requesting that the City enter an
agreement to place a street light at the intersection of CSAH10 and CSAH19 near the
entrance to the Park Reserve. Because of the size of the intersection, two lights may be
necessary to adequately light it. He said this is a standard agreement which calls for the
County to prepare the plans and the City to pay for the electricity and maintenance. The
City Engineer recommended approval of this agreement with the stipulation that the light
is a shoe box style or cut-off cobra head that meets City Code.
Council members asked what the basis was for this street lighting request and asked the
City Engineer to go back to Washington County to find,atftheir reasoning and purpose
behind this request.
M/S/P Johnson/Conlin — to direct the City Engineer to to'rIbt Washington County as to
the purposed behind the overhead street hghtrngrequest on 10th Street and Keats Avenue
and bring back the reasoning to the Council. o
,
C. Revised Authorization for Professional Services: Civil Defense Sirens
----------------------------
Verbal
The City Engineer reported th ity wil k.e civil defense coverage to that portion of
the City not presently covered, i4acpv&incewith the Fire Protection Need Study done
by DSU Research dated Iarh 2005 Compensation for the services shall be an
estimated amount of
M/S/P Johnson/JolinSton - to appmve the revised authorization for professional services
for civil defense sirens. (Motion passed 3-2: DeLapp said the numbers of sirens are
excessive, Smith)
9, PLANNING, LAND USE AND ZONING:
A. Final Plat, Final PUD Plan and Site Plan — United Properties: Resolution No,
2005-136
The City Planner reported the Planning Commission recommended approval of the Final
Plat, Final PUD Plan and Site Plan submitted by United Properties to crate a 3.7 acre lot
as Eagle Point Business Park 5th Addition and construct a 30,000 square foot office
building at the northwest corner of Hudson Blvd, and Eagle Point Blvd.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 7
The Planner explained the applicant's graphics and documentation found the proposal
compliant with applicable City Code and PUD Plan requirements and the applicant has
agreed to adjusting the location of the building a few feet easterly (to overcome a setback
variance) and submit a photometric plan for the exterior lighting of the site.
M/S/P DeLapp/Smith - to adopt Resolution No. 2005-136, A Resolution Approving the
Final Plat of Eagle Point Business Park 5th Addition and a Final PUD Plan and Site Plan
for a 30,000 square foot office building on Lot 1, Block 1, Eagle Point Business Park 5th
Addition. (Motion passed 5-0).
B. 2006-2010 Capital Improvements Program (CIP):Resolution No, 2005-137
The City Planner reported the Planning Commission conducted the required Public
Hearing on November 28, 2005 and recommended approval of the 2006-2010 Capital
Improvements Program as presented by City Staff. The Park Commission had completed
its review and recommendations regarding the CIP at it November 21 meeting, and those
recommendations were incorporated into the draft CIP p1 esented to the Planning
Commission.
Tom McCormick, 12276 Marquess Way N., questionedParks CIP, specifically the
amount allotted for the Carriage Station Park, whichtv.ould e,ice 110 hoines and
approximately 300 children compared to the money bugeted for Heights Park servicing
only 27 homes.
Council member DeLapp said he would suppOrt fro ignated to Carriage
Station Park,
This agenda item will be discu.
C. Final Plat and Devei
ResolutionNOS2005- The City Planner rported Lak
ouncil meeting.
ent Agreernent:Sanctuary of Lake Elmo;
evelopment Company has provided a Final Plat
and Final landsca lan for this 62 lot OP development on 175 acres for which the
Council approved a'1mrnary Iat and OP development Stage Plan/CUP on Oetober 4,
2005, He said staff revt ed t 6Tinal Plat and construction plans and finds that the
developer has complied , -d/or incorporated these specific project design conditions
of the Preliminary Plat appraVal resolution. He noted that Outlots G through M will not
be legally buildable until such time as the Zoning ordinance is amended to allow 18 units
per 40 Acres in OP projects as prescribed by the adopted Comp Plan. Once the code
amendment is adopted by the City, the owner of the seven outlots will need to have a new
Final Plat approved converting those outlots to buildable lots.
City staff prepared a Development Agreement for the project.
M/S/P Smith/Conlin - to adopt Resolution No. 2005-138, A Resolution Approving the
Final Plat, Final OP Plan and Development Agreement of "Sanctuary of Lake Elmo".
(Motion passed 5-0),
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005
D. CDBG Application; Resolution No. 2005-139
The City Planner reported Washington County is soliciting 20006 CDBG applications
from communities. To date the City has received CDBG contract obligations totaling
$120,000 for the Cimarron Gas Service Replacement Program. He said that program is
underway, with eligibility interview complete for the initial block of 200+ homes and out
of that group, 62 homeowners have been interviewed and as many as 54 will be eligible
for grant assistance. Work will commence on those homes in early 2006.
The Planner explained depending on the outcome of the re -solicitation of bids for the
work, it appears that the $120,000 now under contract will be sufficient to complete the
work on well under 100 homes. He suggested the Council consider again applying for
CDBG funding to both inspect the balance of the CDBG units and to provide further
grant funds for additional eligible home owners from the Phase 1 grotip and the group
that results from the additional inspections. A suggested $80,000 is'applied for from the
2006 CDBG program.
M/S/P Johnston/Johnson - to adopt Resolution No. 2005;
the City's 2006 CDBG application. (Motion passed -t
10. CITY ATTORNEY'S REPORT:
A. Council Discussion Public Communication Personnel Issues — Council
Member Johnson — verbal
With the variety of meetings we have. Council inernber Johnson voiced her concern that
many times they talk about situations in the Cityand try to identify what has been done
or not done, and sometimes come close to violatingptLysonnel laws in questioning staff
m perforance rather than generaliZing.AiF
forneYiVilla explained from a legal standpoint
employees are entitled to a fertnara evaluation
at a non public setting. If you step
over the line, the rightsof thc employec axe not being upheld.
B. Updkeon Closed Meeting
Attorney Filla reported on the closed meeting where he met and talked about issues in the
Sessing lawsuit, things that:should be expanded in the lawsuit and things that came up
that the Council thought shatld be discussed at a public meeting such as:
(1) Size of Garage to Residential Dwelling
(2) Allowed Uses for Side Yard Setback
(Please refer to the December 5, 2005 letter from Jerry Filla, which is made part of these
minutes, for his review on these sections of the code.)
Size of Garage to Residential Dwelling:
Attorney Filla reported the recent addition to the Sessing home has a first floor area that
is designated as workshop/storage area. He said most residential dwelling have
workshops/storage areas and such areas are considered as permissible incidental uses.
Deeming the actual use of these areas will occur as part of the discovery process in a
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 9
cuiTent litigation and will impact the ultimate determination of whether the property is
being used for an illegal commercial purpose or for a permissible home occupation.
Allowed Uses for Side Yard Setback:
Attorney Filla reported that in the case of the Sessing property, the*City allowed field
stone to be used as a form of landscaping material within the side yard area (Lake Elmo
Resolution No. 99-37). He concluded that a retaining wall of some type is a permissible
encroachment within a side yard setback area and that all side yard setback improvements
must be maintained in an attractive and well kept condition by the property owner.
Mayor Johnston stated the City has a responsibility to manage runoff and grading and
implied in that responsibility is an authority to manage things that affect grading and
runoff, In his opinion, the retaining wall was installed without authorization and has had
a detrimental affect on runoff, therefore, he would require the retaining wall to be
removed.
Attorney Filla stated that in this case the City would be hard pre§ say that the
property owner could not use fieldstone on this property, He. sid thae:didn't believe
draintile was a permitted encroachment in the side yard He said the Crty is on very
weak grounds regarding size of garage to residential dwelling awi the Council needs to
tell staff what regulations they want to see regarding garage,s*e versus house size. Then
staff can tell the Council how to fix the code.
Council member Smith pointed out that the propertowner has mentioned and stated in
writing, which is documented, that this is a ietauinyaI1 She noted that in her opinion
, .
the illegal structures that need to be removed are,,,, thet containment system, which
crosses the property line, the retainrng vd1, drainage systems, benn and restore the
,
natural drainage and made the following
M/S/P Smith/Johnston t- direct t to take enforcement action against the property
owner of 5699 Keats .. all four illegal structures need to be moved to
' -'
the required 10' sidOard setbacket containment system, retaining wall, drainage
system and manrna4d- erm, the natural drainage pattern needs to be restored and a legal
„......,
landscape material us :in the reqtgred side yard setback (sod, seed, mulch and
plantings), the removal ofthe stuctures and restoration of natural grade along with
appropriate landscaping needto be done from the screening structure on the east to the
end of the retaining wall on the west. The 4" drainage pipe that runs under the driveway
and is laying in the required 10' side yard setback needs to be removed and that water
needs to be redirected to stay on the Sessing property. (Motion passed 5-0.)
Attorney Filla also noted that the property owner had been instructed to install gutters and
change the drainage so that it goes across the driveway to the southeast. As of now, the
property owner has not done as directed. The Council said they would take a wait and
see what happens on this.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 10
Joan Zierttnan said it had been discussed at a previous Council workshop and she would
like to know what the legal bearing would be that the inspector interpreted the code for
23 years that you cannot have more garage space than the size of the principal building.
She felt this needed further discussion. Mayor Johnston responded that the City Attorney
has interpreted the code, that there is no legal basis, and the City has to fix this section of
the code.
11. CITY ADMINISTRATOR'S REPORT:
A. Snowmobile Ordinance; Ordinance No. 97-164
The Administrator explained he had a visit from the homeowner and the snowmobile
problem has not been eliminated. The City has to have this ordinance in place in order to
be enforced by the Deputies and recommended passing the ordinance.
Valdi Stefenson, representing two organizations the Stillwater Snow Lords and Star Trail,
said they were in opposition to adopting this ordinance as this would be bad public policy
to make a revision upon one single complaint. This ordinance will negatively impact
other residents and is much stricter than state or county regulations. He said it was his
understanding that the problem with the affected homeowner was resolved by moving the
trail.
M/S/P Johnson/Johnston — to adopt Ordinang obile Ordinance.
As presented. (Motion passed 3-2: Conlin, J
Council member Conlin voiced her con" ern th1r neighborhood a snowmobile could
be within 50' of a residential dweilrng notowned by the operator and still be on her
property because her lot is onlyiE195wide.
•
Attorney Filla said this i 4,:qornnititiOtoblern and asked where you draw the line. 1-le said
it's difficult to craft Mto fitaj neighborhoods.
MIS/P DeLappdo n - to reconsider the motion. (Motion passed 5-0).
The Council tried to develop tage that would meet the needs to insure the safety
issue to children and prevent'showmobiles being a nuisance, but was not successful.
M/S/P Johnston/Johnson - to table this agenda item until the December 20th Council
meeting. (Motion passed 5-0).
B. 3M Park Donation — Verbal
The City Administrator reported he, Chuck Dillerud, and Tom Bouthilet had a meeting
with staff members from the City of Oakdale regarding the donation by 3M announced in
the newspaper. He said it was a positive discussion and it was made certain that a
donation of this sort would be a joint venture. They set the right tone and plan for the
future in how this facility might mature into a park with a partnership. The Oakdale City
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 11
Administrator will go back and discuss with its leadership in Oakdale, He said he has met
with 3M representatives as well.
Council member Johnson stated the City had not approved any partnership before the
announcement in the newspaper. Council member DeLapp stated that a community
playfield in this area was never part of our park plan. He said the City would be heading
in the wrong direction because the plan was to centralize the ball fields in the Old Village
area.
12. CITY COUNCIL REPORTS
Council Member Johnson thanked Mike Bouthilet and staff for their quick response in
repairing the waterman that burst after all the snowplowing they had done.
4W7
Council adjourn the meeting at 10:56 p,m.
Respectfully submitted by Sharon Lumby, City Clerk
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 12
Peterson, Fram a Bergman, P.A.
50 East Fifth Street, Suite 300
St. Paul, Minnesota 55101
PH: 651-291-8955/FX: 651-228-1753
ifilla0p1b-oa.com
Direct Dial: 651-290-6907
Mayor Dean Johnston
Lake Elmo City Council
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
5December 6, 2005
RE: Accessory Structure/Building Regulations
Construction with Side Yard Setbacks
RR Zoning District
Our File No.: 11155.04-2
Dear Mayor and City Council Members:
The City's regulations (City Code 100.03) incorporate the Minnesota Statutory Rules of
Construction (MS Chapter 645). In part, the State rules of legislative construction
indicate that the following presumptions should apply when construing the City Code
provisions:
1. The City Council did not intend a result that is absurd, impossible of execution
or unreasonable (MS 645.17 Subd. 1); and
2. The City Council did intend that the entire City Code be effective and certain
(MS 645.17 Subd. 2).
RELATIONSHIP OF GARAGE TO HOME
In order to ascertain the City Council's intent in regard to the use and regulation of
accessory buildings and accessory structures in the RR Zoning District, it is my opinion
that a person must review the definitions of accessory building, accessory structure,
building, private garage, principal structure or use, and structure (all contained in
City Code Section 150) in conjunction with the City Code provisions relating to the RR
Zoning District (City Code 300.07 Subd. 4.B.) and the design standards for accessory
buildings and structures (City Code Section 300.13 Subds. 3 and 4). When I review
those sections in conjunction with each other, I conclude:
1. That the terms "accessory building" and "accessory structure" refer to
detached buildings or structures.
Mayor Dean Johnston
Lake Elmo City Council
December 5, 2005
Page 3
the case of the Sessing property, the City also allowed field stone to be used as a
form of landscaping material within the side yard area (Lake Elmo Resolution No. 99-
37).
Based upon my review of the above sections, I conclude that a retaining wall of some
type is a permissible encroachment within a side yard setback area and that all side
yard setback improvements must be maintained in an attractive and well kept
condition by the property owner (Lake Elmo Code 1365,05).
Very truly yours,
/s/ JPF
Jerome P. Filla
JPF:jtc
F:\users\Janice\Jerry\LE\Accessory Building -Structure Letter to Mayor and Council doc
14
1 Uses and structures which are customarily accessory and clearly incidental and subordinate to allowed
uses and structures; accessory structures cannot exceed the size of the principal building.
2 No accessory building used or intended for the storage of passenger automobiles shall exceed 1,000
square feet of gross area, nor shall any access door or other opening exceed the height of ten (10) feet,
nor shall any structure exceed one (1) story in height except when the garages are located in business,
industrial or planned unit developments.
3 On parcels of 20,000 square feet in area or less, no detached accessory building or garage shall
exceed the size of the principal building in gross floor area.
' Mayor Dean Johnston
Lake Elmo City Council
December 5, 2005
Page 2
2. That the owner of a 10+ acre parcel in the RR Zoning District can have one (1)
2,500 square foot detached building in addition to an attached garage.
3. That the last clause of the provisions of Lake Elmo Code Section 300.07 Subd.
4.B.2.a.1 seems to apply to all accessory structures which, depending upon your
interpretation, would include both attached and detached accessory
structures; and that this clause does not further define the term "size of
principal building" so that it could be interpreted to mean just the square
footage of the first floor of the dwelling unit or the total square footage of all
dwelling space contained in the building.
4. That the meaning of the first sentence in Section 300.13 Subd. 3.D.2 depends
upon whether the term "accessory building" refers to an attached
building/structure or to a detached building/structure. If it refers to an
attached building/structure, the area of the principal building which is
intended for the storage of passenger automobiles cannot exceed 1,000 square
feet. If, instead, the above referenced sentence refers to asletached building,
then the area of a detached building intended for the storage of passenger
automobiles cannot exceed 1,000 square feet.
5. That the restrictions of the last sentence of Section 300.13 Subd. D3 do not
apply to property in the RR Zoning District.
The recent addition to the Sessing home has a first floor area that is designated as
workshop/storage area. Most residential dwellings have workshops/storage areas and
such areas are considered as permissible incidental uses. Determining the actual use
of these areas will occur as part of the discovery process in a current litigation and
will impact the ultimate determination of whether the property is being used for an
illegal commercial purpose or for a permissible home occupation.
SIDE YARD RETAINING WALLS
Except for buildings that house livestock, the required side yard setback for primary
and accessory buildings/structures in the RR Zoning District is ten (10) feet (Lake
Elmo Code 300.07 Subd. 4.B.3). Various items, including gutters, fences, walls,
hedges, trees, shrubs and plants are permitted encroachments in the side yard
setback area (Lake Elmo Code 300.07 Subd. 1 and Subd. 2). Drain tile is not
enumerated as a permissible encroachment within the side yard setback area. Fences
are defined as "a partition, structure, wall, or gate erected as a dividing marker,
visual or physical barrier, or enclosure (Lake Elmo Code Section 150).
Other than the permitted side yard encroachments, side yards should be landscaped
with materials such as sod, seed, mulch and plantings (Lake Elmo Code 1365.01). In
CITY OF LAKE ELMO
CITY COUNCIL MEETING
JANUARY 3, 2006
1, AGENDA
2. MINUTES: December 20, 2005
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
B. PUBLIC INFORMATIONAL:
(1) Lake Elmo Jaycees Proclamation
(2) 2006 Board of Appeal and Equalization Meetin
4. CONSENT AGENDA:
A. Resolution No. 2006-001: Authorizing Signature Oayments of Funds from
the Lake Elmo Bank
B. Resolution No. 2006-002: Approving Claim,
5. ORGANIZATIONAL MEETING:
A. Election of Acting Mayor
B. Designation of Legal Newspaper
C. Designation of Official Depositories for 2
D. Appointment of City Engineer t:
E. Appointment of City Attorney (60
F. Appointment of Financial Adviso
G. Appointment of AudiVati:
H. Cable Operator: Steven Press
I. IT: Next Genesis'f'":
„.•
J. Animal Control
K. Change Counci1Cornrrnttees to Council Workshops: Resolution No. 2006-006
6. NEW BUSINFSSS
A. Emp1ee and Volunteer Recognition Party
B. Whitin'g lettei receivid December 2, 2003 - lighting
7. MAINTENANCE/PARK/FIRE/BUILDING
A. Update on Fire Dept Chief Malmquist
8. CITY ENGINEER'S REPORT:
9. PLANNING, LAND USE & ZONING:
A. Comprehensive Plan Amendment -Trails Guide Plan: Resolution 2006-003
B. 2030 Comprehensive Plan Amendments: Resolution 2006-004
C. 2006-2010 Capital Improvements Program (CIP): Resolution 2006-005
D. Metropolitan Council System Statement - verbal
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
12. CITY COUNCIL REPORTS:
Council recessed at 10:46 pm for a Closed Meeting.
Lake Elmo City Council Minutes January 3, 2006
Mayor Johnston called the Council meeting to order at 7:00 p.m. in the Council
Chambers. COUNCIL MEMBERS PRESENT: Conlin, DeLapp, Johnson, and Smith,
STAFF PRESENT: Administrator Rafferty, City Planner Dillerud, Finance Director
Bouthilet, City Engineer Prew, Attorney Filla, Recording Secretary Freeman.
Pledge of Allegiance
1. AGENDA:
M/S/P Johnson/Conlin - to approve the January 3, 2006, agenda as amended.
(Motion passed 5-0).
2. MINUTES:
M/S/P Johnson/Smith- to approve the December 20, 2005, City Council minutes, as
amended.
(Motion passed 5-0).
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. PUBLIC INQUIRIES:
Robert Meyer, Director, Ramsey Center For Arts,
invited residents to the Ribbon Cutting Ceremony o
Kathy Pelnar, Lake Elmo Animal -Control
in the December 23, 2005, issue of the Lake,
with Mayor Johnston, Council Member Sm
Pelnar stated that the Leader stands s o
cedlilfhe Grand Opening and
y, January 7, at 1:00 p.m.
ommi about the untruths printed
tated that she had talked
dthinistrator Rafferty. Ms,
In her 22 years of animal co ears with the City, Ms. Pelnar stated
she has always responded to caU She felt b sided, with the false allegations, written
in the newspaper. Re:, — s is approximately 15 minutes, and 10 minutes to
Cimarron. In 2005,- s Pelnar respondd to 221 calls in Lake Elmo, of which five
involved dog bites-. If the City Council desired, documentation could be provided
regarding her response times, actions taken and follow-up, Ms, Pelnar said no calls were
received about the "...two dog bites" quoted in the article.
Ms. Pelnar stated, if allowed, she will continue to provide services for the City. She will
also be submitting her contract proposals for 2006.
B. PUBLIC INFORMATIONAL:
(1) Lake Ehno Jaycees Proclamation
Josh Ackerman introduced himself as Jaycees President for 2006. Mayor Johnston
proclaimed the Week of January 15-21, 2006, as Jaycees Week and urged all citizens to
recognize the importance of community service to all of its citizens.
Lake Elmo City Council Minutes January 3, 2006 2
(2) 2006 Board of Appeal and Equalization Meeting
The Lake Elmo Board of Review will meet at City Hall on Wednesday, May 3, 2006,
between the hours of 4:00 and 6:00 p.m,, for the purpose of reviews and correcting the
assessment of said Real Estate for the year 2006.
4. CONSENT AGENDA:
A. Resolution No. 2006-001: Authorizing Signature for Payments of Funds from
the Lake Elmo Bank
M/S/P Johnson/Smith — to adopt Resolution No. 2006-001 authorizing Signature for
Payments of Funds from the Lake Elmo Bank. (Motion passed 5-0)
B. Resolution No. 2006-002: Approving Claims
M/S/P Johnson/Smith — to adopt Resolution No. 2006-002 approving Claim Numbers
299, 300, DD594 through DD603, 28448 through 28463, which weie used for staff
payroll dated December 20, 2005; claims 301, 28464 through 28494, in the total amount
of $357,039.78, (Motion passed 5-0)
5. ORGANIZATIONAL MEETING:
A. Election of Acting Mayor
The Council must select an Acting Mayor to act orf' behalf if Mayor Johnston is
unable to attend a meeting, sign an agreement, or attend ions on behalf of the City,
Any member of the Council is eligible for this position
M/no Second DeLapp — to nominate Steve DeLapp as Acting Mayor.
M/S/P Conlin/Johnston — to nominate Anneith as Acting Mayor for 2006.
(Motion passed 5-0)
B. Designation oft.f.g
M/S Johnson/Conhn eSrchate f
for 2006.
Elmo Leader as the City's legal newspaper
M/S/F DeLapp/John- to amend the motion to designate the Oakdale -Lake Elmo
Review as the City's leg pwspaper for 2006. (Motion failed 4-1; DeLapp more
research needed; Leader rate's are high)
M/S/P Conlin/Johnson — to designate the Lake Elmo Leader as the City's legal
newspaper for 2006, subject to Affidavit of Circulation submitted from Lake Elmo
Leader. (Motion 4-1; DeLapp)
C. Designation of Official Depositories for 2006
Staff recommended the designation of the following depositories for the City: Lake
Elmo Bank, Wachovia Securities, Smith Barney Citigroup and Northland Securities.
Lake Elmo City Council Minutes January 3, 2006
M/S/P Johnson/Smith — to designate Lake Elmo Bank, Wachovia Securities, Smith
Barney Citigroup and Northland Securities. (Motion passed 4-1; DeLapp wanted the
City to contact Bremer Bank since they are located in the City).
D, Appointment of City Engineer
M/S/P Smith/DeLapp - to appoint Tom Prew/TKDA as the City Engineer for 2006.
(Motion 5-0.)
E. Appointment of City Attorney (Civil and Criminal)
M/S/P Smith/Johnson - to appoint Jerry Filla, Peterson, Fram & Bergman as the City
Attorney, for both civil and criminal matters for 2006. (Motion passed 5-0.)
F. Appointment of Financial Advisor
M/S/P Jolmson/Smith - to appoint Paul Donna, Northland Public Finance Group as the
City's Financial Advisor for 2006. (Motion passed 5-0.)
G, Appointment of Auditing Firm
„
M/S/P Jolmson/Conlin - to appoint Steven R. McDon CPA, Abdo, 'Ei4 & Meyers,
, 7,0
LLP as the City's Auditing Firm for 2006. (Motio ' assed
H. Cable Operator: Steven Press
M/S/P DeLapp/Conlin — to approve the reappointment ofSteven Press as the City's
part-time Cable Operator at $13.90/hour for tap_broadcasting City's meetings.
(Motion passed 5-0.)
L IT: Next Genesis
Council Member DeLapp w *red
update on the City's new webtiage,finance
services provided we r z65.Whigher:elsewhere.
days for Staff to bettrned
-
M/S/P Johnson/C
between the City and
(Motion passed 5-0.)
•
*hose this company, and requested an
ctor Bouthilet stated the rates and
The new webpage should be ready in 30
n - to approve the reappointment of the computer service contract
eSis (Ryan Masanz),
J. Animal Control
M/S/P Johnson/Conlin — to request Proposals for Animal Control Services for 2006, and
to extend contract with Kathi Pelnar as the City's Animal Control Officer through
February 2006. (Motion 5-0.)
K. Change Council Committees to Council Workshops: Resolution No. 2006-006
Administrator Rafferty recommended this informal public setting as a more efficient way
of learning and discussion of City items. Council Member Smith inquired who will be
conducting the Council Committee meetings. Administrator Rafferty said the Mayor
would be in charge and minutes kept. Council Member DeLapp requested a thorough
Agenda. At the December 20, 2005, Council meeting, a Motion was made by Council
Lake Elmo City Council Minutes January 3, 2006 4
Member Conlin about televising the Workshop meetings, Motion failed. Council
Member Conlin voted for the Motion because she felt it would be a learning experience
for the community.
M/S/P Johnson/Conlin — Resolution 2006-006, approving the change from Council
Committee structure to a Council Workshop, with meetings to be held on the second
Tuesday of each month, beginning at 6 p.m. (Motion passed 4-1 DeLapp, too much goes
on at the meetings, minutes not approved and meeting should be cabled.)
6. NEW BUSINESS:
A. Employee and Volunteer Recognition Party
Staff was directed to provide possible dates for The Employee and Volunteer Recognition
miBanquet for 2006. The City will extend invitations to all employees, co nunity
volunteers and their spouse/guest to attend.
M/S/P Conlin/Johnson — to pursue funding from the Lake 4,1! ,cees and to come
back with recommendations on dates, (Motion passed 5
B. WhitinQ letter received December 2, 20.,
Neighbors of 35' Street have requested something
bright at Animal Inn. City Planner Dillerud said the
but he would contact Animal Inn about the:
MAINTENANCE/PARKJFIRE/BUILD
A. Update on Fire Dept.: ,.:almq*-no report.
8. CITY ENGINEER'S go*
out the lighting being very
g met City codes when built,
\8g;
9. PLANNING, LANDXS: .ZONING:
A. ComprehaiSive plakAnibmirrient-Trails Guide Plan: Resolution 2006-003
City Planner4eported that thePlaniiing Commission recommended adoption of the
Trail Plan as in element of the Lake Elmo Comprehensive Plan. Glen VanWormer
of SEH presented''a1 overview of the Trail Guide Plan,
M/S Johnson/Conlin — 0 adopt Resolution 2006-003 Comprehensive Plan
Amendment - "Comprehensive Trail Guide Plan",
Council Member DeLapp discussed 14 modifications/issues he has with the plan from
a map provided to the Council, He asked that City Council adopt Resolution
2006-003. The City Planner said he would bring Council Member DeLapp's maps
and concerns to the Parks Commission for further discussion, and possible future
amendments to the Trails Guide Plan.
M/S/P DeLapp/Smith - to amend to review the 14 points of interest brought up by
Council Member DeLapp with the process suggested by the Planner.
(Motion 5-0)
Lake Elmo City Council Minutes January 3, 2006 5
M/S/P Johnson/Conlin — to adopt Resolution 2006-003 Comprehensive Plan
Amendment -Trails Guide Plan as amended.
(Motion 5-0)
B. 2030 Comprehensive Plan Amendments: Resolution 2006-004
City Planner Dillerud provided the following: Draft Planning Commission minutes
from December 19, 2006, Resolution by Tom Armstrong, and redraft with edits of
Old Village with text. City Planner Dillerud noted that he had provided City Council
with this information on December 20, 2005. ,
Resident Susan Dunn addressed the need to modify the Old Village Master Plan and
the need to add verbiage for buffers to existing developments, to respect the
environment of the Old Village and maintain rural character
Council Member DeLapp said that he wants to see buffbuffqs beteen the existing Old
Village homes/businesses and new developments.
M/S/P DeLapp/Smith — Approve edited document
assuring reasonable buffers between new developD
to respect environmental conditions.
(Motion 5-0.)
City Attorney Filla provided the City Council ed;draft text for Chapter III of
the 2030 Comprehensive Plan tha(address‘diliie remedial measures that appear as
conditions to Metropolitanuncilpolutio42005-20. He recommended the draft
text as a substitute for th 1,xt prepar:RICy thefCity Planner.
Council Member DeLapp stLthat the proposed text amendment is not in the best
interests of the city and amounts to a punitive measure by the Metropolitan Council.
City Planner Dillerud said that the Lake Elmo City Council did not approve the
remedial measureStound in the December 29 . , 2005, Metropolitan Council Resolution
2005 20 He the City Council that the Metropolitan Council requires the
remedial language froniResolution 2005-20 be in the Comprehensive Plan,
Resident Tom Armstrong said he opposed remedial measures as they are a penalty
for being granted an extension. He explained the motivation behind the Planning
Commission Motion. He asked why METC needs to put this language in the
Comprehensive Plan regarding penalties for the City of Lake Elmo and no other city.
It would be a contractual agreement that the City must then honor.
Resident Susan Dunn stated METC reminded the Council that they already rejected
the WIF condition of Metropolitan Council Resolution #2005-20 on a 5-0 vote. She
noted that METC has never had a WIF fee before; it is extortion and the City should
say no to a Comprehensive Plan with WIF.
Lake Elmo City Council Minutes
January 3, 2006
6
Council Member Conlin asked about the consequences to the City if the remedial
conditions were not in the 2030 Comprehensive Plan.
City Attorney Filla said Paragraph 3E of the Met Council Resolution states that if the
Metropolitan Council would sue the City to attain compliance, the City would pay the
costs of the litigation. He also noted that if we don't coinply, the MOU becomes null
and void. City Administrator Rafferty stated that he sees the WIF as a remedial
action and not as a penalty. If the City fails to follow the staging plan, which is part
of the City's budget, the City will pay more but the City will get that money back as
credits for future connection charges.
Mayor Johnston said the Metropolitan Council staff is continuing to maintain that the
2030 Lake Elmo Plan is not complete, even though City staff traintains that it is
complete per usual Met Council practice, and was submitted on September 6, 2005.
. •
Council Member Smith asked City Attorney Filla about 'Section 31\1 of Metropolitan
Council Resolution 2005-20. Council Member Stinftc suggested that wording be
added to the City's Comprehensive Plan statingP provided that Wastewater
Inefficiency Fee (WIF) would not be imposed iffinosi4 such a fee would be in
conflict with any portions of the MOU."
City Attorney Filla said that you canno
thing.
Resident Ann Bucheck asked
guarantee could be provi,ded:
Council Member
for reasons back,,
Council Membk,
in the long run.
21You have to take the whole
1aranteeing her no assessment; no
ETC hasn't rejected the Comprehensive Plan
e to see something added that will help the City out
Council Member DeLa 1; asked how we could guarantee our residents there would
not be penalties imposed by the Metropolitan Council.
Resident Tom Armstrong said conflicts would occur if the City's Plan is submitted
with any of the Metropolitan Council Resolution #2005-20 conditions included.
M/S/P Johnston/Johnson — to adopt Resolution 2006-004 amending the 2030
Comprehensive Plan regarding the Village Area text as recommended by the
Planning Commission, and regarding the City compliance with Metropolitan Council
Resolution #2005-20. This Resolution was amended by Lake Elmo Remedial
Measures document drafted by City Attorney Filla and City Council to become part
of the Comprehensive Plan Resolution. (Motion 5-0.)
Lake Elmo City Council Minutes January 3, 2006 7
C. 2006-2010 Capital Improvements Program (CIP): Resolution 2006-005
The City Planner recommended adoption of the 2006-2010 CIP for Council
consideration.
M/S/P Johnston/Smith — to adopt Resolution 2006-005, adding $25,000 to the
Carriage State Park. (Motion passed 5-0)
D. Metropolitan Council System Statement — verbal
The City Planner reported that Met Council attorney stated at the December 20, 2005,
System Statement Hearing that the issues at the Metropolitan Council with the
System Statement deal with process, not substance,
10. CITY ATTORNEY'S REPORT:
The City was served Friday, December 30, 2005, by propertyAgners north of 10th
Street The City and Met Council are being sued as the Confaehensive Plan should
be following the original nine conditions. If not, the courts should be directed to
develop the Comprehensive Plan for the City,
11. CITY ADMINISTRATOR'S REPORT: - no report
12. CITY COUNCIL REPORTS:
Mayor Dean Johnston mentioned again& ibbon
Opening of Ramsey Center for the Artsitf)4
Council Member DeLapp thanked City Pj
work.
uttmg Ceremony for the Grand
annary 7, 2006, at 1:00 p.m.
ity Administrator for the good
The Council recessed the meg at fa Closed Meeting.
Respectfully sub
Resolution No. 20
Resolution No. 20062:
Resolution No. 2006-0
d by Caro1 Fieernn, Recording Secretary
01 Signatuies for Payments of Funds from the LE Bank
aim,S
rehensive Plan Amendment -Trail Guide Plan
Resolution No. 2006-004 Omprehensive Plan Amendments
Resolution No. 2006-005 2006-2010 Capital Improvements Program (CIP)
Resolution No. 2006-006 Change Council Committees to Council Workshops
• Lake Elmo City Council Minutes January 3, 2006
8
AMENDED/APPROVED: 01/03/06
City of Lake Elmo
City Council Meeting
Minutes of December 20, 2005
Mayor Johnston called to order the meeting of the Lake Elmo City Council at 7:00 p.m.
COUNCILMEMBERS PRESENT: Conlin, Johnson, and DeLapp. STAFF PRESENT:
Administrator Rafferty, Planner Dillerud, Finance Director Bouthilet, City Attorney Filla, City
Engineer Prew, and Recording Secretary Schaffel.
Pledge of Allegiance
1. Agenda
11A Hiring of Fire Chief will be moved to the first meeting in January. 9B, 9C, and 9E require
four votes so they will be postponed until the next Council Meeting. Add Planning 9H -
Proposed System Statement.
WS/P, Johnson/Johnston, To accept the Agenda as amended.
Councilmember DeLapp said he would like to talk about 9B-Comprehensive Plan Amendment
but not have a vote on it, and to talk about the park in the neighborhood with all the kids, and the
CIP. Major Johnston said that a four vote super majority is required for a Comprehensive Plan
Amendment, and he would like all councilmembers present for that discussion and vote.
Councilmember Johnson added that it was important to have Councilmember Smith present
because she attended a key Met Council meeting, and she would like to hear the input or
comments. Councilmember DeLapp left the table at 7:09 p.m. Councilmember Conlin asked if
there were specific items Councilmember DeLapp had questions about. Councilmember DeLapp
came back to the table at 7:10 p.m. The Planner said there is no critical time issue if those items
are postponed to January.
VOTE: 3:1, Nay - DeLapp.
2. Minutes
There were no draft minutes to approve. Councilmember DeLapp said he would like to have
minutes sooner than one month after a meeting.
3. Public Inquiries Informational
There were nor inquiries or information from the public.
4. Consent Agenda
M/S/P, Johnson/DeLapp, to approve Resolution No. 2005-141 approving claims, approving the
Ski Grooming Agreement with Washington County, and approving Partial Payment No, 1-Water
System Interconnect Phase III; Resolution No. 2005-147. VOIE: 4:0,
5. Finance
A. Finance for New Pumper/Tanker
The Finance Director provided several quotes from leasing companies and Northern
Securities, and different options were presented. Staff recommends the Equipment
Certificate option. Councilmember Conlin asked what an 'issuance cost' is. The Finance
Director said it is similar to bonding. They perform credit checks and there is legal
preparation in order to provide a binding certificate. Lease companies traditionally do
Lake Elmo City Council Meeting Minutes of December 20, 2005 1
AMENDED/APPROVED: 01/03/06
that although one would not charge us for it. Administrator Rafferty said it is a good deal
and an appropriate approach so current taxpayers do not bear the burden; no up front
dollars are used, This is the better plan for the city financially.
M/S/P, DeLapp/Johnson, To award financing the new pumper/tanker through the
issuance of GO. Equipment by Northland Securities, Inc. VOTE: 4:0.
B. Grant Funds Depository Account
The Finance Director explained the separation of accounting for Grant Funds for the
Tablyn Park/Lake Elmo Heights Water Project. M/S/P, Conlin/Johnson, to approve
Resolution 2005-146 authorizing a Grant Fund Depository Account.
The Administrator said 3M will make deposits to the account.
VOTE: 4:0.
C. Monthly Operating Report
The Finance Director said this is not the final report for the year because there are a few
days left in December. Councilmember Johnson commended staff for keeping council
updated to areas of concern the last six months.
6. New Business
A. Planning and Parks Commission Appointments
The Administrator explained that several conunissioner terms expire and four
commissioners will have to be looked at as new applicants after having served two terms.
M, DeLapp, To reappoint Planning Commissioners who have not yet served two terms.
MOTION WITHDRAWN.
M/S/P, Johnson/DeLapp, To accept applications for Planning Commission and Parks
Commission until January 10, and to set appointments with applicants for interviews at
the January 10, 2006 Council Workshop. To appoint Bob Helwig, Kathy Sedro, and
David Steele to retain their current positions and offices until a decision is reached by
Council and appointments have been made at the Council Meeting on January 17, 2006,
Planning Chairman Helwig stated there is a Planning Commission meeting and their
election of officers prior to that second Council Meeting.
City Attorney Filla said the Code says Election of Officers takes place for the Planning
Commission at their first meeting in January, and if the Council feels it is for the good of
the City, they can postpone that election process until all Planning Commission positions
have been filled.
VOTE: 4:0. Councilmember Johnson asked staff to provide this information sooner to
allow more time for advertising and consideration.
B. Mayor -Four Year Term
Administrator Rafferty explained the process for changing the term of mayor. If the
Lake Elmo City Council Meeting Minutes of December 20, 2005 2
AMENDED/APPROVED: 01103106
public wishes to comment, they should do so prior to the January 17, 2006 Council
Meeting where the decision will be made. He provided summary data from the League
of MN Cities for 40 cities and said that 20 of those 40 statutory cities have gone to four
year terms. Data gathered from clerks in other cities revealed that about half those
mayors had four year terms.
The mayor said a mayor should have the same term as his or her peers on the City
Council when in a Statutory City and a Plan A City, and also because of consistency in
leadership. Councilmember Conlin said she is against it because every two years the
voters have the ability to dramatically change the dynamics of the City Council.
Councilmember Johnson said she asked other Councils and those with four year terms
said it was easier on city staff and those queried mentioned no negatives.
Councilmember DeLapp said not very many cities have clone it, If we do so, we should
be a much bigger city than we are. The last election was won by only 28 votes,
The mayor encouraged the public to let staff know what they think about four year terms
for mayor. It will be discussed at the second meeting in January.
C. Change Council Committees to Council Workshop
Administrator Rafferty said Council Committee Meetings are work sessions. He
suggested that instead of several committees meeting, the council could conduct a
workshop during that time period with a rolling agenda of subject matter for information,
education, issues, etc. He recommends the restructuring and would like to have the
authority to restructure at the Organizational Meeting in January. The Councilmembers
agreed they would like those meetings to begin at 6 p.m. instead of 5:30 p.m. for better
councilmember attendance and improved public participation.
MIS/P, Johnson/Conlin, to change the Council Committee structure to a Council
Workshop to be held the second Tuesday each month beginning at 6 p.m.
MOTION TO AMEND: DeLapp/Conlin, To televise the monthly Council Workshops.
VOTE: 2:2, MOTION TO AMEND FAILED.
VO1E: 4:0.
D. Animal Control Contract
Staff reviewed the Animal Control Contractor and her performance. The mayor said
many residents stopped reporting animal problems because the timing of response for our
current animal control contractor resulted in virtually a non -response. Councilmember
Johnson said timing of response should be part of the contract. Some sort of performance
standard should be set and candidates should have to meet a reasonable response time.
MJS/P, Johnson/Conlin, To direct staff to include response time and performance
standards as part of the animal control contract and to put the contract out for request for
proposals. Staff should evaluate other cities to get their response times. Results should
be provided the Council by the end of January.
Councilmember Conlin said that people who are endangered by animals should receive a
quicker response time.
Lake Elmo City Council Meeting Minutes of December 20, 2005
AMENDED/APPROVED: 01 /03/06
VOTE: 4:0,
E. Ramsey Center for Arts -Request for Use of Lions Park for Art Fair
Robert Meyer, President of RCFA, said they would like to hold a Fine Arts and Fine
Crafts Festival over the weekend of July 29 and 30, 2006. There would be around 50
tents. Artists will be responsible for their own art and equipment. The timing fits in a
sequence of the 4th of July Children's Parade, Art Fair, County Fair, and Huff 'n' Puff.
There will be light music, not rock band music, off the deck or in the quadrangle behind
the Ramsey Center. A diagram was provided showing the portion of the park outside the
fenced ballfield where the Arts Fair would be staged.
The City Attorney advised that if the Council wishes to use the park for those purposes,
the Council has to make a motion allowing that use of City land.
M/S/P, Johnston/DeLapp, To support authorizing the use of Lions Park within the
confines of the drawing provided by the applicant for a Fine Arts and Fine Crafts Festival
on Saturday and Sunday July 29 and 30, 2006 subject to review and approval by the City
Attorney.
Councilmember Conlin asked that the clean up, parking, sanitation, etc. be reviewed and
that she is otherwise very supportive.
Councilmember DeLapp left the table.
Bill Wacker, 3603 Laverne Avenue North
Mr. Wacker lives next door to the park. He said other small communities have an Art
Fair and he is not opposed to it.
VO 4:0.
8. City Engineer's Report
A. Escrow Reductions
Councilmember DeLapp left the table at 8:14 p.m.
1. Farms of Lake Elmo
The Planner said the City Forester is very involved in Landscape Plans in new
developments. Farms of Lake Elmo should not reduce that portion of their
escrow for landscaping because those improvements are incomplete. The City
Engineer and Planner recommend reduction from S1.175 million to S675,000.
M/S/P, Conlin/Johnson, To approve reduction of the required development
security for the Farms of Lake Elmo Development Agreement to S657,000 as
recommended by the City Engineer and City Planner, VOTE: 3:0.
2. Sanctuary of Lake Elmo
The City Engineer and City Planner recommend reduction of escrow from $2.6
million to approximately $1.8 million. Landscaping is not yet initiated and no
inspection has been performed by the City Forester. M/S/P, Johnson/Conlin, To
approve reduction of the required development security for the Sanctuary of Lake
Lake Elmo City Council Meeting Minutes of December 20, 2005 4
AMENDED/APPROVED: 01/03/06
Elmo Development Agreement to $1,797,500 as recommended by the City
Engineer and City Planner. VOTE: 3:0.
3. Tapestry at Charlotte's Grove
The Planner said Tapestry is nearing completion. The City Engineer and City
Planner recommend reduction of escrow from S2.53 million to $372,500. The
Planner said the City Forester has looked at the project and she is impressed. The
developers have done far more than they planned. One portion of the site is not
yet landscaped but the developers have already met their numerical goals. The
Planner said the Council could reduce landscaping to zero but recommended
leaving in $20,000 for plantings not yet done on one portion of the site. M/S/P,
Conlin/Johnson, To approve reduction of the required development security for
the Tapestry at Charlotte's Grove development agreement to $372,500 as
recommended by the City Engineer and City Planner, VOTE: 3:0.
9. Planning, Land Use and Zoning
A. Site Plan Amendment -Country Air Golf, Resolution No. 2006-142
The Planner said the applicant wants to add a covered sidewalk to their tee box structure
and to change to asphalt shingles on the roof. On December 12, the Planning
Commission recommended approval.
M/S/P, Conlin/Johnson, To adopt Resolution 2005-142 approving an amendment to the
Site Plan of Country Air Golf to add an 8 foot covered walkway to the west side of the
previously approved tee box enclosures, and to substitute asphalt shingles for the roofing
material previously approved. VOTE: 3:0.
D. Xcel Energy Easement
The Planner said that Xcel has requested an easement to place a gas service measuring
and regulating facility and pipes with shrubbery screening at the southeast corner of the
water tower site on Langly Court in the Old Village. Nonnally Xcel puts those facilities
in the right-of-way but Langly Court only has one-half the usual street right-of-way
width.
Colette Jurek, Xcel Energy and Bob Stieck, Xcel Engineer
The applicants brought a map for the Council showing the site plan. They presented a
photo of the depicting facility at Keats and Hudson and a landscaping plan. The
representatives said this facility could help the City of Lake Elmo because Xcel can
reinforce their gas system in the city. The odorizer currently located on 30th Street, west
of Lake Elmo Avenue would be replaced by this one, and it will be less visible. This
equipment will not need upgrading for ten years. Should something go wrong, Xcel
offers a guaranteed response time within one hour. There are six other stations within the
neighborhood.
Councilmembers asked if the neighbors were notified. Mr. Stieck said the Hardwood
owner owns the apartment building and has been notified but the neighbor to the west has
not been notified. This is not an odorizer station. No odors should be noticed. The
mayor asked about notices being mailed and about Xcel's timetable. Mr. Stieck said they
were not planning to mail notices and they wanted to schedule this winter in January.
Administrator Rafferty clarified that Xcel has the right to use of the right-of-way, and the
Lake Elmo City Council Meeting Minutes of December 20, 2005 5
AMENDED/APPROVED: 01/03/06
city has the right to review plans, and consequently we have required specific screening.
The applicant has met the city's requirements.
M/S/P, Johnson/Johnston, To approve the installation of a gas service measuring and
regulating facility and pipes with shrubbery screening per staff recommendations.
VO 1E: 3:0.
F. Zoning Variances, 10941 32 d Street North, Resolution No. 2005-144
The Planner said that the Planning Commission asked the applicant to reconsider plans to
reduce scale and degree of variance on a small lake lot. On December 9, 2005, the
applicant requested the application be placed on hold but the sixty day rule does not
allow that. Therefore the Planning Commission recommended denying the variances as
applied for. Councilmember Conlin asked about the fees should the applicant wish to
change their plans in the near future. The Planner said they could apply for it and staff
will consider fees at that time but the review process absorbs those fees and a complete
review has taken place.
M/S/P, Conlin/Johnston, To adopt Resolution 2005-144 to denying variances for 10941
32" Street North. VOTE: 3:0.
G. Eurasian Milfoil
The Planner explained that in the past year, Eurasian Milfoil has been found in Lake
Elmo. An Action Plan has been developed for eradication but such plans have been
rather unsuccessful on other lakes. Harvesting is most successful but expensive. They
could increase the level of monitoring at the boat launch within the park reserve. One
item from the report from DNR is that our lake is a deep lake and milfoil does not do well
in depths over 18 feet.
The mayor asked how one apportions costs of control measures. The Planner said that
Lake Associations can take over the task of harvesting and assess it to homeowners.
Some cities rent or buy a harvest machine. The mayor asked if the cost could be born by
those providing public access. The Planner said it could.
Discussion surrounded putting off this agenda item for a couple of meetings because this
is a long-term major expense. Commissioner Johnson said she would like to know the
cost of monitoring, eradication and/or harvesting. Councilmember DeLapp said we could
ask Washington County Parks to help with the monitoring of the boats on and off the
lake, and also to identify long-term or other resolutions that would be applicable for our
other lakes in the community. The County is going through park planning process, and
this is the time for them to be looking at this too. At the Workshop with the Technical
Park Committee this should be an Agenda item. Perhaps some costs can be compiled and
an initial reaction to the county bearing their fair share of costs. The Planner said be
could find out what other communities have spent.
M/S/P, Johnston/Conlin, To direct staff to gather information on monitoring boat traffic
in and out of Lake Elmo through the public boat launch from Washington County, to
research the costs of harvesting milfoil, to investigate participation by Washington
County for costs of monitoring and harvesting, and to return to the Council for review at
the second meeting in January. VOTE: 3:0.
Lake Elmo City Council Meeting Minutes of December 20, 2005 6
AMENDED/APPROVED: 01/03/06
10. City Attorney's Report
A. Snowmobile Ordinance
Jeff Ylinen, 9401 Lake Jane Trail
Mr. Ylinen asked to remove the part about personal property from the ordinance, Strike
if and such operation is for the purpose of accessing the right-of-way on private
property." He said the reason is, if you are going from storage to the road that will be
within 50 feet of a neighbor. These are ATVs and people clean their yards with them.
Don't be so restrictive on private property. He asked if lake surfaces are public right of
way. The City Attorney said no but they are public surfaces. Travel across the lake
could be a violation of the ordinance as drafted.
Councilmember DeLapp returned to the table at 8:46 p.m.
The City Attorney said the formula could be expanded in the draft. Part of the problem
was where people were not being reasonable in neighborhoods where houses are close
together. Mayor would ask for more detail if we offered more freedom on personal
property. Conlin would like to put a period after "or all terrain vehicles." That would not
curtail a guy doing laps around his house.
M/S/P, Johnson/Conlin, To adopt Ordinance 97-164 to incorporate the Snowmobile
Ordinance with change to paragraph number D adding a period after all terrain vehicles
and delete the remainder of that sentence (last line and one-half).
The City Attorney said this ordinance adopts new regulations, repeals existing
regulations, and incorporates state statutes.
Councilmember DeLapp asked if studded tires are an issue. The City Attorney said they
are not. He asked if it helps anyone understand the location for snowmobiling in Lake
Elmo. The Attorney said it does not. The Council discussed pedestrian safety and other
aspects. The Administrator said there is a provision for harassment within the ordinance
but it would have to be witnessed by law enforcement.
VOTE: 4:0.
The meeting recessed for five minutes at 9;05 p.m, and reconvened at 9:10 p.m.
9. H. Proposed System Statement
The Planner said the Regional System Statement as distributed by the Met Council has
been received by the City and he explained its impact to the City Council. There are a
couple of items that needed resolution and the Planner asked the Council to have a
nieeting with the Met Council to work toward getting those resolved. Councilmembers
DeLapp and Conlin did not see the last System Statement. The Planner did not see it in
1998, and did not realize the city did not protest that one at that time. Councilmember
DeLapp said they heard about things like sewering the regional park and the City Council
was told it would be brought to them when it became an issue and not to worry until that
time. When nobody came forward, those items were forgotten.
The Planner said there are three items that must be objected to with regard to the
Lake Elmo City Council Meeting Minutes of December 20, 2005 7
AMENDED/APPROVED: 01/03/06
proposed System Statement. One is a growth area map that shows the City what is
expected for regional sewer. The second thing to object to was the area not to be sewered
and the designation as diversified rural (essentially urban reserve as defined by the
Regional Development Framework). That designation means much of the City would be
shut down for cluster developments. The third item was the park and ride at 1-94 and
Keats.
The Planner said in 2003, there was serious debate over the Park and Ride issue and the
Council was opposed to it. Almost sixty days ago the City objected to it.
The Planner said that last week we received a letter from Metropolitan Council that a
hearing would be established for review of those protested items. This year five cities
objected to the System Statement and nobody has ever requested a hearing in the past.
The hearing is scheduled for Friday, December 30, 2005. The clock runs out on the 60
days on December 31, 2005. December 23 we have to have specified proposed
amendments to the System Statement submitted to the Metropolitan Council. December
27, next Tuesday, we have to have the complete description, pre -hearing memorandum
submitted. We have to have it all in on Thursday of this week because of the holiday.
The Planner asked if Metropolitan Council could hold off and wait until the
Comprehensive Plan was done. They cannot. Therefore the protest is necessary and
timely. The Planner explained the nuances of the three items in contention.
The City Attorney has not yet reviewed all of the material. The letter from Metropolitan
Council appears rather formal and the Planner thinks the hearing will be formal. The
City Attorney said he would attend the hearing with the Planner.
The Mayor said he is supportive of the spirit and specifics as drafted by the Planner. The
Planner asked for direction. The Mayor said it is in good hands, and it looks like the
direction the Council wishes to go. Councilmember Johnson said she thinks the Planner
and Attorney can manage it. Councilmember DeLapp said what was drafted is more than
could be expected given all the time constraints. He said it should be noted that the City
Council is submitting this and they have had zero time to review it, and this is not fair.
Councilmember DeLapp said our Planning Commission did not even get to see it.
The City Attorney recommended a motion or a resolution of concerns.
M/S/P, Johnston/DeLapp, To draft and adopt a resolution of concerns, particularly noting
the timing of the hearing, the time of year, inadequate time to review, and supportive of
the position reflected in the letter written by the City Planner. VOTE: 4:0.
The Planner reminded the Council that they postponed the Comprehensive Plan Amendment
scheduled for tonight. Packets are available tonight for extensive review prior to their next
meeting.
12. City Council Reports
Mayor Johnston thanked the council and staff for their dedication throughout the year.
Councilmember Johnson wished everyone a happy holiday season and happy new year.
Lake Elmo City Council Meeting Minutes of December 20, 2005
AMENDED/APPROVED: 01/03/06
Adjourned at 9:39 p.m.
Respectfully submitted,
Kimberly Sch
Recording Secretary
Lake Elmo City Council Meeting Minutes of December 20, 2005 9
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-007
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Numbers 302, 303, DD604 through DD613,
28495 through 28502, were used for Staff Payroll dated January 511, 2006; claims 304,
28503 through 28561, in the total amount of S399,460.65 are hereby approved.
ADOPTED, by the Lake Elmo City Council on the 17`h day ofJanuary, 2006.
Dean A. Johnstori
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
Accounts Payable
Computer Check Proof List
User-. administrator
Printed: 01/13/2006 - 1027 AM
III MI41111111
Invoice No Description
Amount Payment Date Acct Number
Vendor.ACEHARD Ace Hardware Check Sequence: 1
16972 City Hall Bathroom Repairs 14.45 01/17/2006 101-410-1940-42230
17548 City Hall Bathroom Repairs 16.64 01/17/2006 101-410-1940-42230
Check Total: 31.09
Reference
ACH Enabled: No
Vendor ADVGR Advanced Graphix, Inc. Check Sequence: 2 ACH Enabled: No
10848 New Truck Lettering 98.90 01/17/2006 410-480-8000-45400
Check Total: 98.90
Vendor:ALEXALR Alex Air Apparatus, Inc Check Sequence: 3 ACH Enabled: No
10109 Connector, Install 36.50 01/17/2006 101-420-2220-42400
Check Total: 36.50
Vendor:ARAM Aramark Check Sequence: 4 ACH Enabled: No
629-5880778 Linen and Mats - City Hall 65.94 01/17/2006 101-410-1940-44010
Check Total: 65.94
Vendor:ARAMAU ARAMARK Check Sequence: 5 ACH Enabled: No
58521583-1 Shipping -underpaid 15.83 01/17/2006 101-430-3100-44170
Check Total: 15.83
Vendor.ASPENMI Aspen Mills, Inc. Check Sequence: 6 ACH Enabled: No
64879 Lettering - Fire Dept 344.50 01/17/2006 101-420-2220-44170
Check Total: 344.50
Vendor:BRALTN Braun Intertec Corporation Check Sequence: 7 ACH Enabled: No
256385 Concrete Testing, earthwork - New PW 3,802.50 01/17/2006 410-480-8000-43030
257365 Concrete Testing - New PW 1,260.50 01/17/2006 410-480-8000-43030
AP - Computer Check Proof List (01/13/2006 - 10:27 AM) Page 1
Invoice No Description Amount Payment Date Acct Number Reference
Check Total: 5,063.00
Vendor:BUBERL Buberl Recycling & Compost Check Sequence: 8 ACH Enabled: No
28219 Snowplowing 2,020.50 01/17/2006 101-430-3100-43150
Check Total: 2,020.50
Vendor: COPY1MAG Copy Images, Inc. Check Sequence: 9 ACH Enabled: No
67978 Monthly Copier Maint. 256.60 01/17/2006 101-410-1940 11040
Check Total: 256.60
Veridor:CPTELECO CP Telecom Check Sequence: 10 ACH Enabled: No
651-207-1000 Telephone Service - City Hall 516.47 01/17/2006 101-410-1940-43210
Check Total: 516.47
Vendor:DTI DTI Check Sequence: 11 ACH Enabled: No
105930 Telephone Service - Fire Dept 120.56 01/17/2006 101-420-2220-43210
105930 Telephone Service - Public Works 70.66 01/17/2006 101-430-3100-43210
105930 Telephone Service - Well 1 35.25 01/17/2006 601-494-9400-43210
105930 Telephone Service - Pump Stations 105.76 01/17/2006 602-495-9450-43210
Check Total: 332.23
Vendor:DUFFERT Marie Duffert
FF 1 Reimb. for FF I Test
Check Total:
Vendor EDERJ John Eder
FF 11 Reimb. for FF II Test
Check Total:
Vendor:ELMOLUM Elmo's Lumber & Plywood
033251-01 Floor Dry - Fire Dept
Check Total:
Vendor:FARMERS River Country Cooperative
141372 Fuel - Bldg Dept
Check Total:
Check Sequence: 12
55.00 01/17/2006 101-420-2220-44370
55.00
Check Sequence: 13
55.00 01/17/2006 101-420-2220-44370
55.00
Check Sequence: 14
24.25 01/17/2006 101-420-2220-42230
24.25
Check Sequence: 15
80.83 01/17/2006 101-420-2400-42120
80.83
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
AP - Computer Check Proof List (01/13/2006 - 10:27 AM) Page 2
Invoice No Description
Vendor FOUR Four Seasons Service
23-041443 Supplies - City Hall
Check Total:
Amount Payment Date Acct Number
Check Sequence: 16
28.90 01/17/2006 101-410-1940-44300
28.90
Vendor:GRAINGER Grainger Check Sequence: 17
970-591650-1 Heating Elements - Parks 131.42 01/17/2006 101-450-5200-42230
Check Total: 131.42
Vendor:HAGBERGS Hagbergs Country Market
Account 10 City Hall Supplies
Check Total:
Check Sequence: 18
45.69 01/17/2006 101-410-1320-44300
45.69
Vendor:HERITAGE Heritage Printing Check Sequence: 19
15048 Holiday Letters - Fire Prevention 241.70 01/17/2006 101-420-2220-42090
Check Total: 241,70
Vendor:ICEMAN Iceman Industries, Inc.
3101 Treated Sodium Chloride - De-icing
Check Total:
Vendor:Kremer Kremer Spring Inc.
INV0013976 Rear Spring Install - Dump/Plow Truck
Check Total:
5,527.82 01/17/2006
5,527.82
1,384.73 01/17/2006
1,384.73
Check Sequence: 20
101-430-3100-42290
Check Sequence: 21
101-430-3100 11040
Vendor:LEOIL Lake Elmo Oil, Inc. Check Sequence: 22
B01203 Bulk Fuel - Public Works 3,322.75 01/17/2006 101-430-3100-42120
S01203 Fuel - Fire Dept 374.52 01/17/2006 101-420-2220-42120
S01208 Fuel -Parks 27.40 01/17/2006 101-450-5200-42120
Check Total: 3,724.67
Vendor:LMCIT Leauge of MinnesotaCities Insurance Trust Check Sequence: 23
7688 Workers Comp Premium - Water Ent. 3,611.38 01/17/2006 601-494-9400-41510
7688 Workers Comp Premium - Sewer Ent. 637.07 01/17/2006 602-495-9450-41510
7688 Workers Comp Premium - Storm Water Ent. 2,228.42 01/17/2006 603-496-9500-41510
7688 Workers Comp Premium - Bldg Dept 1,510.38 01/17/2006 101-420-2400-41510
7688 Workers Comp Premium - Admin 2,318.66 01/17/2006 101-410-1320-41510
7688 Workers Comp Premium - Finance 744.57 01/17/2006 101-410-1520-41510
7688 Workers Comp Premium -Planning 840.13 01/17/2006 101-410-1910-41510
7688 Workers Cornp Premium - Fire Dept 4,537.79 01/17/2006 101-420-2220-41510
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
AP - Computer Check Proof List (01/13/2006 - 10:27 AM) Page 3
Invoice No Description Amount Payment Date Acct Number Reference
7688 Workers Comp Premium - Public Works
7688 Workers Comp Premium - Parks
Check Total:
Vendor:MALMQ GregMalmquist
Claim 01/05 Towels, Water - Fire Dept
Check Total:
Vendor:MARONEYS
130937
130937
130937
Maroney's Sanitation, Inc
Refuse - Public Works
Refuse - Parks
Refuse - City Hall
Check Total:
5,981.81 01/17/2006 101-430-3100-41510
3,160.79 01/17/2006 101-450-5200-41510
25,571.00
Check Sequence: 24
46.59 01/17/2006 101-420-2220-44300
46.59
95.89 01/17/2006
183.96 01/17/2006
158.49 01/17/2006
438.34
Check Sequence: 25
101-430-3100-43840
101-450-5200-43840
101-410-1940-43840
Vendor:METRO MU ASSOCIATION OFMETROPOLITAN MUNICLPALI Check Sequence: 26
825 Annual City Membership 2,809.00 01/17/2006 101-410-1110-44330
Check Total: 2,809.00
Vendor:METROCA Metrocall
A03 18076L Pagers - Fire Dept
Check Total:
Vendor:METROFIR Metro Fire
22829 Wrenches - Fire Dept
22880 Mount
Check Total:
Vendor:MILLEREX Miller Excavating, Inc.
11269 Water Main Break Repairs
Check Total:
Vendor.MNLAl3OR STATE TREASURER
Q4 Surcharge Payment for 4th Qtr
Check Total:
Vendor:Myran
FF I
FF 11
Myran Rick
Reimb for FF I Test
Reimb. for FF II Test
AP - Computer Check Proof List (01/13/2006 - 10:27 AM)
Check Sequence: 27
86.46 01/17/2006 101-420-2220-43210
86.46
130.98 01/17/2006
56.02 01/17/2006
187.00
Check Sequence: 28
101-420-2220-42400
101-420-2220-42210
Check Sequence: 29
1,542.70 01/17/2006 601-494-9400-44030
1,542.70
Check Sequence: 30
4,535.06 01/17/2006 101-420-2400-43060
4,535.06
Check Sequence: 31
55.00 01/17/2006 101-420-2220-44370
55.00 01/17/2006 101-420-2220-44370
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
Page 4
Invoice No
Vendor NAPA
462091
Vendor.NORTHL
2004A Bond
2004A Bond
Vendor:NORTHT00
0562048667
Description
Check Total:
NAPA Auto Parts
Fuel Pump Coupling - Bldg Dept
Check Total:
Northland Trust Services, Inc.
2004A Bond Principal Pmt
2004A Bond Interest Pint
Check Total:
HSBC Business Solutions
Parts - Public Works
Check Total:
VendorNOSTPAUL City of North St Paul
200512280424 Salt/Sand Mix
Check Total:
Vendor:OAKDALE
1000039700
1000046000
Vendor ONECALL
5120526
Vendor:PELNAR
December 2005
Vendor:PEPIND
Tv! Exp 12/27
Vendor.PLRTEK
39376
City of Oakdale
Oakdale Water - North Pit
Oakdale Water - South Pit
Check Total:
Gopher State One-CallOne Call Concepts, Inc
Line Locates
Check Total:
KathiP elnar
Animal Control - Dec 2005
Check Total:
DougPepin
Lodging Reimb. - State Fire Chiefs Conf
Check Total:
Pirtek Midway
Repairs - 721 Loader
Amount Payment Date Acct Number
110.00
Check Sequence: 32
12.77 01/17/2006 _101-420-2400-44040
12.77
85,000.00 01/17/2006
78,351.25 01/17/2006
163,351.25
Check Sequence: 33
410-480-8000-46010
410-480-8000-46110
Check Sequence: 34
73.42 01/17/2006 101-430-3100-42210
73.42
Check Sequence: 35
2,952.18 01/17/2006 101-430-3100-42290
2,952.18
1,267.24 01/17/2006
2,477.33 01/17/2006
3,744.57
Check Sequence: 36
601-494-9400-43820
601-494-9400-43820
Check Sequence: 37
32.40 01/17/2006 101-430-3100-44300
32.40
Check Sequence: 38
352.85 01/17/2006 101-420-2700-43150
352.85
236.92 01/17/2006
236.92
399.98 01/17/2006
Check Sequence: 39
101-420-2220-43310
Check Sequence: 40
101-430-3100-44040
Reference
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
AP - Computer Check Proof List (01/13/2006 - 10:27 AM) Page 5
Invoice No
Vendor.PLANTH
800-05
Vendor:PRAXAIR
407984
Vendor:PRESS
01/03-01/09
01/03-01/09
Vendor:Reserve
20313037
Vendor:Rivertwn
50035963
Vendor:ROGERS
13291
Vendor:RUD
01/03-01/11
01/03-01/11
Vendor: S&T
01KM6899
Vendor:SATELLIT
24180630
Description
Check Total:
PLANT HEALTH ASSOCIA1ES, INC
Forestry Services
Check Total:
PRAXAIR DISTRIBUTION INC.
Plasma Cutter - Public Works
Check Total:
StevenPress
Cablecast - Council Meeting
Cablecast - Planning Meeting
Check Total:
Pitney BowesReserve Account
Metered Postage
Check Total:
RiverTown Newspaper Group
December Publications
Check Total:
Rogers Printing Services
Receipt Books
Check Total:
DianePrince-Rud
Cleaning - Fire Hall
Cleaning - City Hall
Check Total:
S&T Office Products, Inc.
Folders, Envelopes
Check Total:
Satellite Shelters, Inc.
Rental - 131dg Trailer - Jan 2006
AP - Computer Check Proof List (01/13/2006 - 10:27 AM)
Amount Payment Date Acct Number Reference
399.98
Check Sequerice:-41
1,400.00 01/17/2006 101-450-5200-44030
1,400.00
Check Sequence: 42
2,439.67 01/17/2006 101-430-3100-45800
2,439.67
55.60 01/17/2006
55.60 01/17/2006
111.20
Check Sequence: 43
101-410-1320-43620
101-410-1910-43620
Check Sequence: 44
500.00 01/17/2006 101-410-1320-43220
500.00
Check Sequence: 45
154.02 01/17/2006 101-410-1320-43510
154.02
Check Sequence: 46
1,015.22 01/17/2006 101-410-1320-42030
1,015.22
240.00 01/17/2006
240.00 01/17/2006
480.00
Check Sequence: 47
101-420-2220-44010
101-410-1940-44010
Check Sequence: 48
76.89 01/17/2006 101-410-1320-42000
76.89
Check Sequence: 49
319.50 01/17/2006 101-420-2400-44120
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
ACH Enabled: No
Page 6
Invoice No Description Amount Payment Date Acct Number Reference
Check Total: 319.50
Vendor:SYLVAN Sylvander Heating. Inc. Check Sequence: 50 ACH Enabled: No
3390B Refund for Dupl. Lic. Payment 50.00 01/17/2006 101-000-0000-32183
Check Total: 50.00
Vendor:TASCH T.A. Schifsky & Sons Check Sequence: 51 ACH Enabled: No
38137 Winter Asphalt 427.60 01/17/2006 101-430-3100-42240
Check Total: 427.60
Vendor:TWINCIT Twin City Water Clinic, Inc.
2222 Bacteria Analysis Dec 2005
Check Total:
Check Sequence: 52
20.00 01/17/2006 601-494-9400-43030
20.00
Vendor:USBANK US Bank Trust N.A. Check Sequence: 53
33395470 GO 2001Bond Principal Pmt 110,000.00 01/17/2006 310-480-8000-46010
33395470 CO 2001Bond Interest Pmt 18,252.50 01/17/2006 310-480-8000-46110
Check Total: 128,252.50
ACH Enabled: No
ACH Enabled: No
Vendor:VADEMMEL MarkVandemmeltraadt Check Sequence: 54 ACH Enabled: No
FF II Reimb. for FF II Test 55.00 01/17/2006 101-420-2220-44370
Check Total: 55.00
Vendor.VISALE32 VISA Check Sequence: 55 ACH Enabled: No
8032 Lodging/Food Annual LMC Couf 115.63 01/17/2006 101-410-1110-43310
Check Tot,* 115.63
Vendor.VISALE40 VISA Check Sequence: 56 ACH Enabled: No
8040 ULI Conf - Dean Johnston 10.00 01/17/2006 101-410-1110-44370
Check Total: 10.00
Vendor -.WAS -PH Washington County Check Sequence: 57 ACH Enabled: No
6134 Haz Waste Base Fee 45.00 01/17/2006 101-430-3100-44300
Check Total: 45.00
Vendor:WASHFIRE WASHINGTON COUNTYF1RE CHIEFS ASSOCIAT Check Sequence: 58 ACH Enabled: No
2006 Dues Annual Dues 50.00 01/17/2006 101-420-2220-44330
AP - Computer Check Proof List (01/13/2006 - 10:27 AM) Page 7
Invoice No Description Amount Payment Date Acct Number Reference
Check Total: 50.00
Vendor:XCEL Xcel Energy Check Sequence: 59
53041348 2759 Legion 13.65 01/17/2006 101-430-3100-43810
53163113 City Hall 769.37 01/17/2006 101-410-1940-43810
53168566 Tennis Courts 7.43 01/17/2006 101-450-5200-43810
53170893 4259 Jamaca - Public Works 1,522.73 01/17/2006 101-430-3100-43810
53184398 Traffic Light at 998 Inwood 31.19 01/17/2006 101-430-3160-43810
53195000 Lift Station at 11062 34th 15.48 01/17/2006 602-495-9450-43810
53196052 3585 Laverne 286.04 01/17/2006 101-450-5200-43810
53207532 3510 Laverne - Fire Hall 863.35 01/17/2006 101-420-2220-43810
53213100 3511 Laverne - Fire Hall 249.62 01/17/2006 101-420-2220-43810
53220844 3675 Layton 7.43 01/17/2006 101-50-5200-43810
53221238 Traffic Light at Manning/Stillwater Blvd 23.23 01/17/2006 101-430-3160-43810
53337799 Pebble Park 7.43 01/17/2006 101-450-5200-43810
53478373 City Lights 1,675.28 01/17/2006 101-430-3160-43810
53595848 Lift Station at 8860 Hudson 57.86 01/17/2006 602-495-9450-43810
53595848 Traffic Light at I94/Inwood 24.24 01/17/2006 101-430-3160-43810
53595848 Softball Field 277.75 01/17/2006 101-450-5200-43810
Check Total: 5,832.08
Total for Check Run:
Total Number of Checks:
367,918.37
59
ACH Enabled: No
AP - Computer Check Proof List (01/13/2006 - 10:27 AM) Page 8
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO, 2006-008
RESOLUTION APPROVING CLAIMS
BE IT RESOLVED THAT Claim Number 28562, in the total amount of
$270M is hereby approved.
ADOPTED, by ake Elmo City Council on the l 7th day o January, 2006.
Dean A. Johnston
Mayor
ATTEST:
Martin J. Rafferty
City Administrator
Accounts Payable
Computer Check Proof List
User administrator
Printed: 01/13/2006 - 10:43 .AM
Invoice No Description
Vendor.Johnson Johnson Construction
Jan -Mar 2006 Storage Rental - Fire Dept, Jan-Mar05
Check Total:
Total for Check Run:
Total Number of Checks:
1111.4ffrilIij 11 1 L
Amount Payment Date Acct Number
Check Sequence: 1
270.00 01/17/2006 101-420-2220-44120
270.00
270.00
1
Fl
9,0
Reference
ACH Enabled: No
AP - Computer Check Proof List (01/13/2006 - 10:43 AM) Page 1
Lake Elmo
City Council
01-17-2006
Agenda Section: CONSENT
Agenda Item: Pay Scale Adjustment
Background Information for January 17, 2006:
No .
Attached, please find the proposed 2006 Employee Pay Plan. The Pay Plan was drafted during the 2006 Budget
preparation (in August 2005) and represents a two and a half percent increase adjustment in all positions and steps.
The increase is based on Consumer Index Price (CPI) for Urban Wage Earners and Clerical Workers,
The City continues to review the benefits portion of the compensation package. The City has changed insurance
carriers in an effort to eliminate age based rates as well as adjusting employee contributions to benefits to minimize
rising costs.
Actionion 1 tems: 1) Adopt the 2006 Proposed Employee Pay
Plan.
Attachments:
1. 2006 Proposed Pay Plan
Person responsible:
Tom Bouthilet
City of Lake Elmo
2006 Pay Plan
Position Grade Start 1 2 3
Administrator 26 Monthly 6198 6383 6575 6771.
Annual 74377 76595 ' 78901 81251
Hourly 35.76 36.82 37.93 39.06
Planner/Ass't Adminstrator
Finance Director
City Clerk
Maintenance/Parks Superintendent
Building Offical/Code Enforcement
Building Inspector/Water
Senior Program Support
Office Assistant
Heavy Equipment Operator
Heavy Equipment Operator
24 Monthly 5622 5790 5962
Annual 67460 69480 71544
Hourly 32.43 33.40 34.40
21
21
Monthly 4624
Annual 55492
Hourly 26.68
4763
57161
27.48
6143
73718
35.44
4906 5053
58874 60630
28.30 29.15
Monthly 4624 4763 4906
Annual 55492 57161 58874
Hourly 26.68 27.48 28.30
21 Monthly
Annual
Hourly
19 Monthly
Annual
Hourly
4624
55492
26.68
4405
52857
25.41
4
6974
83688
40.23
5 6 7 8
7039 7400 7622 7851
84470 88805 91462 94207
40.61 42.69 43.97 45.29
6326 6517 6712 6914 7120
75914 78198 80548 82963 85445
36.50 37.60 38.72 39.89 41.08
5204
62453
30.03
5362 5521 5688 5858
64342 66252 68250 70293
30.93 31,85 32.81 33.79
5053 5204 5362 5521 5688
60630 62453 64342 66252 68250
29.15 30.03 30.93 31.85 32.81
4763 4906 5053
57161. 58874 60630
27.48 28.30 29.15
5858
70293
33.79
5204 5362 5521 5688 5858
62453 64342 66252 68250 70293
30.03 30.93 31.85 32.81 33.79
4536 4672 4813 4957 ' 5106 5259 5417 5578
54438. 56063 57754 59489 61267 63112 65000 66933 I
26.17 26,95 27.77 28.60 ' 29.46 30.34 31.25 32.18
12 Monthly 3131 3224 3320 3420 3523 3629 3737 3848 3964
Annual 37573 38693 39835 41042 1 42272 , 43546 44842 46181 ! 47564
Hourly 18.06 18.60 19.15 19.73 20.32 L 20.94 21.56 22.20 22.87
11 Monthly 2981 , 3071 3162 3257 3354 ' 3455 3559 3665 3722
Annual 35772 36848 37946 39088 40252 41460 42711 43985 44666
Hourly 17.20 17.72 18.24 18.79 19.35 19.93 20.53 21.15 21.47
1 ,
5 Monthly 2225 2291 2359 2430 2525 2578 2657 2736 2818
Annual 26703 27493 , 28306 29162 30304 30941 31885 32830 33818
Hourly 12.84 13.22 13.61 14.02 14.57 14.88 15.33 15.78 16.26
11 Monthly 2981 3071 3162 3257 3354 3455 3559 3665 3722
Annual 35772 36848 37946 39088 40252 41460 42711 43985 44666
Hourly 17.20 17.72 18.24 18.79 19.35 19.93 20.53 21.15 21.47
11 Monthly 2981 3071 3162 3257 3354 3455 3559 3665 3722
Annual 35772 36848 37946 39088 40252 41460 42711 43985 44666
Hourly 17.20 17.72 18.24 18.79 19.35 19.93 20.53 21.15 21.47
Heavy Equipment Operator 11 Monthly 2981 3071 3162 I
3257 3354 3455 3559 3665 3722
Annual 35772 36848 37946 I 39088 40252 41460 42711 43985 44666
Hourly 17.20 17.72 18.24 18.79 19.35 19.93 20.53 21.15 21.47
_ =...
Finance Specialist 11 Monthly 2981 3071 3162 3257 3354 3455 3559 3665 3722
Annual 35772 36848 37946 39088 40252 41460 42711 43985 44666
Hourly 17.20 17.72 18.24 18.79 19.35 19.93 20.53 21.15 21.47
Code Enforcement
Asst Planner
City Engineer
Fire Chief
Program Support Assisstant
11 Monthly 2981 3071 3162 3257 3354 3455 I 3559 3665 3722
Annual .35772 36848 37946 39088 40252 41460 I 42711 43985 44666
Hourly 17.20 17.72 18.24 18.79 19.35 19.93 20.53 21.15 21.47
17 Monthly 3878 3994 4115 4239 4365 4495 4632 4769 4912
Annual I 46542 47927 49377 50870 52383 53940 55581 57223 58950
Hourly 22.38 23.04 23.74 24.46 25.18 25.93 26.72 27.51 28.34
16 Monthly 3246 3343 3444 3547 3653 3763 3876 3992 3722
Annual 38952 40120 41324 42564 43840 45156 46510 47906 44666
Hourly 18.73 19.29 19.87 20.46 21.08 21.71 22.36 23.03 21.47
18 Monthly 4195 4321 4449 4582 4721 4863 5008 5159 5314
Annual 50337 . 51850 53385 54984 56647 58353 60101 61913 63768
Hourly 24.20 24.93 25.67 26.43 27.23 28.05 28.89 29.77 30.66
7 Monthly 2452 2526 2602 2686 2780 2878 2978 3082 3190
Annual 29428 30311 31220 32235 33363 34530 35739 36990 38285
Hourly 14.15 14.57 15.01 15.50 16.04 16.60 I 17.18 17.78 18.41
Lake Elmo
City Council
January 17 , 2006
Ai!enda Section: CONSENT
Agenda hem: Trade-in 321 Case Loader for 580 Case Backhoe
Background Information for januan 17'6.2006
N O.
4C
When the Public Works Superintendent was appointed there was already in place a plan to replace our old
backhoe for a small utility loader. Reservations about this course of action were discussed with the City
Administrator and Maintenance Advisory Committee, The City Administrator concurred with
reservations and a meeting was set with the equipment dealer. The meeting resulted in a one year
agreernent to rent back our trade in backhoe and the dealer agreeing to purchase back the loader minus
5%, if after our year long evaluation the city determined that we should maintain a back hoe in our
ventory.
The year has passed and the evaluation demonstrates that although the utility loader was useful and could
out perform the back hoe in some functions, the backhoe was a more valuable piece of equipment in
emergencies; one reason being that time delays in renting are prohibitive.
The MAC met on Jan. 1 1thand concurred with this evaluation. The Public Works and Mac
recommendation is to proceed with trade in of the loader for a new back hoe for $5918.00 plus tax.
This is a S7,000 line item in the 2006 CIP and would be purchased under the State Cooperative
Purchasing Venture,
items:
Attachments:
Persons responsible:
M. Bouthilet
Time Allocated:
7A.
Draft Copy
CITY of LAKE ELMO
MAINTENANCE ADVISORY COMMITTEE
Minutes of
January 11, 2006
Present: Chuck Stanley, George Dege, Bud Talcott, Mike Bouthilet,
Guests: Steve Zertman, Steve Gurney. Absent: Dick Gustafson
The meeting was called to order at 6:40pm at the Public Works Facility by Bud Talcott.
Mike Bouthilet presented his request for replacement of the Case.321 Front End Loader
with a Case 580 Backhoe. Mike reviewed the history of the loader. Before he took over
the duties of the Public Works this small Case loader was ordered as a replacement of
our old backhoe with the thinking it would do most all the jobs of the backhoe plus more.
Not being sure it would do the job this Case 321 Loader was purchased with the
agreement it could be traded back later to the supplier for a new backhoe. This trade
back would include additional monies required to cover depreciation and our having
using it, plus any cost difference of the new Backhoe we choose. Within this agreement
we traded in our old back hoe but were allowed to keep it for use at a rental rate until
such time we decided if we wanted to keep the new loader.
Mike told us this loader has not been able to do what it was expected to do and they
have had to use the old Backhoe on many occasions. He feels we should now purchase
the Backhoe under the original agreement. Mike gave us copies of the specifications of
the Backhoe they would like to get and said that the cost difference would be under the
$7,000, which we have in our CIP.
We review all items on the specifications, George asked about the Uni-Directional Aux
Hoe Hydraulics and Mike said this is for items such as a Jack Hammer, which we may
want to get in the future. We do have small portable hammers but when we have a
water main break we have to hire someone to break through the frost. (With our
additional population, will come more breaks and the need of our own Hammer) George
suggested we document how many times we must rent or pay for some one to use a
jack hammer so we can evaluate our need and at what time it will be cost effective to
purchase one. The life of this unit was discussed and it was agreed it should be at least
a 15-20yr unit but with our CIP it will possibly be a 15yr item.
A Motion was made by George Dege and seconded by Chuck Stanley to recommend
the purchase of the Case # 580.SM Backhoe from St. Joseph Equipment at a cost of
$ 5,968.00 plus fax with the trade in of the #321 Loader and return of our old rental
Backhoe. The Motion Passed.
Page 2
MAC Meeting January 11,2006
It was brought up that we need a complete CIP listing of all our equipment not just one
for the next 5 years. We need the ability to look out past the 5 years for all departments
to move items in and out to eliminate surprises with too much equipment needing •
replacement within the 5 years window. Bud T said he and Tom Bouthilet have been
looking at a format that will cover all equipment and easily allow the 5year CIP to be
extracted for budget reporting. Once a format is figured out it will be shown to everyone
involved for input.
We are planning on setting up our new Public Works building as a emergency shelter
and having a backup generator. Mike reviewed the possibilities of getting a generator at
good price from No St. Paul. They have one from their city Hall that they did not need
and are willing to sell it at a very good price of about $ 10,000, a new unit is over
$20,000. This unit is 155KW with 208volt and 120volt capabilities. The only question
would be if it could be converted to 480 volt, Mikes preliminary checking found it would
cost an additional $ 6.000. After discussion and review, the question came up of what
actual voltages are needed for our new building. Our new building specs call for a 480
volt transfer switch to switch the power from the outside to our generator. Mike will talk
to TKDA to see if we have to have 480 volts, and if not, could do a transfer on the
208/240volt side of the line.
The minutes of July 20th were reviewed, Chuck S noted two typos in. it.
A Motion to accept the minutes as written with corrections was made by Chuck S. and
seconded by George D. The Motion Passed
Hearing no objections the meeting was adjourned at 7:45pm
Respectfully submitted
Bud Talcott
Chairman/ Secretary,
Mayor
Dean Johnston
Councilmen-fix:Ts
Steve I)eLapp
Liz Johnson
Anne Smith
Rita Conlin
No. 6. A.
Agenda Section: Organizational
Agenda Item: Planning Commission Appointment
Date: January. 17, 2006
Background Information for January 17, 2006
Planning Commissioner Mark DezieFs first full term on the Planning Commission expired on December
31, 2005. Commissioner Deziel has requested reappointment for a second three-year term.
Motion , Second , to reappoint Mark Deziel to the Planning
Commission for a 3-year term that will expire on January 16, 2009.
Planning Commissioner Jennifer Pelletier's first fuli term on the Planning Commission expired on
December 31, 2005. Commissioner Pelletier has requested reappointment for a second three-year term.
Motion _ . Second , to reappoint Jennifer Pelletier to the Planning
Commission for a 3-year term that will expire on January 16, 2009.
There are two commissioners on the Planning Commission, Bob Helwig arid Kathy Sedro, who have
served more than two terms. City Code specifies they be considered with the pool of applicants. All of
the applicants were interviewed at your Council Workshop on January 10, 2006. Two appointments to
the Planning Commission must be made.
Should the Council wish to reappoint Bob Helwig and/or Kathy Sedro for a three-year term, the following,
motion would apply.
Motion . Second , to reappoint (and
) to the Planning Co ission for (a) 3-year term(s) that will expire on
January 16, 2009.
No further action is necessary if both commissioners were reappointed.
Should the Council wish to appoint either or both Nicole Park and/or Laurie McGinnis to the Planning
Commission, then Alternate Member composition on the Planning Commission must be changed, and the
following motions will apply.
IF ONE NE EMBER
Motion . Second , to appoint
Second Alternate Member of the Planning Conunission.
Motion , Second
as
. to appoint Julie Flitlet as a Full Voting
Member of the Planning Commission for a 3-year term that will expire on January 16, 2009.
Motion . Second
Member of the Planning Commission.
to appoint Bob Van Zandt as First Alternate
IF TWO NEW MEMBERS
Motion . Second , to appoint
Second Alternate Member of the Planning Commission.
Motion , Second
Alternate Member of the Planning Commission.
to appoint
as First
Motion Second , to appoint Julie Fliflet as a Full Voting
Member of the Planning Commission for a 3-year term that will expire on January 16, 2009.
Motion . Second . to appoint Bob Van Zandt as a Full Voting
Member of the Planning Commission for a 3-year term that will expire on January 16, 2009.
If the Council appointed Laurie McGinnis to the Planning Commission, they should also grant her the
requested Leave of Absence until June, 2006.
Motion , Second , to grant Laurie McGinnis a requested Leave
of Absence from the Planning Commission until June 2006.
Action Items: Person Responsible:
Motion(s) to reappoint two Full Voting Members, reappoint or appoint two K. Schaffel
Full Voting Members, and if necessary, to appoint up to two Alternate
Members to the Planning Commission.
If necessary, to grant a requested Leave of Absence to an Alternate Planning '
Commissioner.
Attachments:
Letters requesting reappointment.
Applications for appointment.
Time Allocated:
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
651.777.5510 Fax 777.9615
Date:
RECEIVE!)
FE3 5 i.`11,4‘;
UMW
LAKE
EL.N.10
APPLICATION FOR PLANNING COMMISSION APPOINTMENTS
Name liege R Pak
Address Li 19171 Lage Elmo
Phone Number W) 0(2. 2 28714-1) (4/2141-0/r/
What do you consider to be the major planning and de elo
Lake Elrno? new Cor
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issuesnt o _ng CityF t_eo.
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2. What do you see as the role and function of the Planning Commission?
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3. What experience and qualifications do you have that you feel will contribute to the Planning
Commission's work and which will enable you to provide a service in this regard?
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4. How much time do you have, or are you willing to devote to Planning Comiffssion activities?
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5. What property or development interest, either direct or indirect, do you have within Lake Elmo?
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KimberlySchaffel
„....
nt:
To:
Subject:
Attachments:
Martin Rafferty
Tuesday, January 03, 2006 10:51 AM
Kimberly Schaffel; Sharon Lumby
FW: Planning Commission Application
Planning Commission Application.doc
Planning
immIsslonAppiluto
Planning Commission Application
-----Original Message
From: Laurie McGinnis [mailtomcgin001@cts.umn,edu]
Sent: Monday, January 02, 2006 4:54 PM
To: Martin Rafferty
Subject: Planning Commission Application
Mr. Rafferty,
Please accept the attached application for an appointment to the Lake Elmo Planning
Commission. This application reflects my desire to support our community by helping
ensure its vitality and character for the long term,
T have two special requests, however. First, I am requesting that I be considered for a
erred appointment, starting on June 1. Currently I am enrolled in the Masters of
b1ic Affairs program at the University of Minnesota and I must take classes on both
Monday and Tuesday evenings this semester in order to complete my program next summer.
If I understand the review and appoinment process correctly, the City Council will be
conducting interviews prior to the council meeting on January 17. Due to my obligation to
attend the first class of the semester on that evening, I am unavailable for an interview
on that date. So, my second special request is to ask if it would be possible to arrange
for me to meet with the council on another date? 1 am available to interview with them
on January 10, if they have a committee meeting scheduled for that day.
Thank you so much for your consideration of these requests. I look forward to hearing
from you.
Also, could you please confirm that you recieved this e-mail on Tuesday so I will know
that the transmittal was successful? Thank you.
Laurie McGinnis
9163 55th Street N
651.770,0582
mcgin001@umn.edu
This e-mail and its attachments have been scanned for viruses.
EAS - Systems Support, OIT, University of Minnesota
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
651.777.5510 Fax 651.777,9615
APPLICATION FOR PLANNING COMMISSION APPOINTMENTS
Date: 1/1/06
Name: Laurie McGinnis
Address: 9163 55th Street North
Phone W) 612.625,3019 , H) 651.770.0582
1. What do you consider to be the major planning and development issues
confronting the City of Lake Elmo?
One of -the primary issues confronting the City of Lake Elmo is implementation of the
Comprehensive Plan, which is intended to preserve the present character of the
community while addressing needs of the growing metropolitan region. Specifically, the
City of Lake Elmo will be challenged to execute the Old Village Plan, to attract
businesses and developments that add value to our community, and to create amenities
that enhance community vitality. In addition, working with potential developers to
ensure that the unique character of Lake Elmo is preserved will continue to be important
to the future of our City.
Transportation is another major planning and development issue facing Lake Elmo and is
directly related to the Comprehensive Plan. As developments are added and the city's
population grows, the city will face expanding transportation challenges in the very near
future. Tight budgets for state and local transportation agencies, safety and accessibility
issues, and the unique geography of the city are all factors that impact the city's
transportation future.
2. What do you see as the role and function of the planning commission?
I consider the role and function of the planning commission to be implementing the city's
land use policies. It is the City Council's responsibility to set policy related to land use
and the commission's function to determine whether specific proposals are consistent
with those policies. To perform that function, the planning commission should review
proposals for development, zoning variances and other land -use related activities for
conformance with zoning ordinances and the City's Comprehensive Plan. When
appropriate, the planning commission should make recommendations to the City Council
for action on these proposals.
3. What experience and qualifications do you have that you feel will contribute to
the Planning Commission's work and which will enable you to provide a service
in this regard?
I have 26 years of experience in transportation, more than half of which has been at the
University of Minnesota Center for Transportation Studies, where we oversee research on
a wide variety of transportation issues, including the relationship between land use and
transportation. Through my role as Associate Director at the Center, I am familiar with
the challenges associated with growth in the Twin Cities metropolitan region. As an 18-
year resident of Lake Elmo, I am familiar with our city's philosophy about growth and
the policies laid out through the Comprehensive Plan.
Through my experience and my education, 1 also have gained an understanding of the
distinction between informing policy makers, creating policy and implementing policy.
My professional role as a member of the University community includes disseminating
knowledge from research that helps inform policy makers in an unbiased way, As a
member of the Lake Elmo Planning Commission, my role would be to implement policy.
And, as a student in the University's Masters of Public Affairs Program, I am learning
about the role of creating policy.
In addition, I have many years of experience working with diverse interests, facilitating
discussions among these interests, and negotiating compromise, all important
qualifications for serving effectively on the planning commission.
4. How much time do you have, or are you willing to devote to Planning
Commission activities?
I am requesting that my appointment to the Planning Commission become effective in
June 2006. At that time, I will be fully prepared to commit the time necessary to attend
planning commission meetings twice per month and to familiarize myself with the
materials related to the agenda in preparation for meetings.
am currently enrolled in the Masters of Public Affairs Program at the University of
Minnesota and will be taking two classes in spring semester and my final class during the
summer. I understand what it means to devote personal time to fulfill a public role and I
am willing to devote as much time as necessary to perform this role to the best of my
ability.
5. What property or development interest, either direct or indirect, do you have
within Lake Elmo?
My only property interest in Lake Elmo is my private residence, where I have lived for
18 years,
Bob Helwig
8247 N. 27th St.
Lake Elmo, MN 55042
December 3, 2005
City Council
City of Lake Elmo
3800 Laverne Ave. N.
Lake Eltno, MN 55042
Dear City Council Members:
I understand that my current term on the Planning Commission is about to expire. This
letter is to inform you that I wish to be reappointed to serve another term.
Sincerely,
Bob Helwig
Kathy Sedro
8916 35th St. N.
Lake Elmo, MN 55042
October 23, 2005
Council Members
City of Lake Elmo
3800 Laverne Ave. N.
Lake Elmo, MN 55042
Dear City Council Members:
The purpose of this letter is to request my reappointment as planning commissioner. As
you know, there are still many important issues facing our city. I believe that my past
planni commission experiences have given me knowledge and insights that will be
useful in understanding these future issues. However, I recognize that I serve at the
pleasure of the city council.
Respectfully,
Kathy Sedro
Mayor
Dean Johnston
Counciimembers
Steve DeLapp
Liz Johnson
Anne Smith
Rita Conlin
No. 6. B.
Agenda Section: Organizational
Agenda Item: Parks Commission Appointment
Date: January 17, 2006
Background Information for January 17, 2006
Parks Commissioner David Steele has served more than two terms. City Code specifies he be considered
with the pool of applicants. David Steele is the only applicant to the Parks Commission, and he was
interviewed by Council at your Workshop on January 10, 2006. No changes to Alternate Member status
are necessary if David Steele is reappointed. Should the Council wish to reappoint David Steele for a
three-year term, the following motion would apply.
Action Items: Person Respon
Motion , Second , to reappoint David K. Schaffel
Steele to the Parks Commission for a 3-year term that will expire on January
16, 2009.
Attachments:
Letters requesting reappointment.
Time Allocated:
, II
November 15, 2005
Lake Elmo City Council
City of Lake Elmo
Dear Council,
I understand that my appointment to the Lake Elmo Parks Commission will expire
on December 31, 2005. I would like to be placed in the pool of applicants and
considered for appointment to another three-year term,
Sincerely,
Dr. David F. Steele
9576 — 55th Street North
Lake Elmo, MN 55042
Please Note My Mailing Address:
P.O. Box 9126
North St. Paul, MN 55109-9126
Lake Eimo
City Council
January 17, 2006
Agenda Section: NEW BUSINESS
Agenda Item: Mayor — Four Year Term
The City has received 7 responses re: opinions
years. Out of those seven responses, 6 favored
The City Administrator suggested that in order
upcoming February Newsletter.
Action items:
Council direction, please.
L_
Attachments:
Pioneer Press Article
No. 6C.
on lengthening the term of Mayor from two years to four
a two-year term and one favored a 4-year term.
to receive a better response that we place a survey in the
1 Person responsible:
S. Lumby
Time Allocated:
'Mayor urges longer terms Page l of
.
Posted on Man, Jan, 09, 2006
Mayor urges longer terms
Hewants tm boost Ittp four years from two
BY ALsXpwzEDRzmm
Pioneer Press
Contending that longer -serving mayors are more effective, Forest Lake Mayor Terry Smith wants to lengthen the term
from two years to four.
He wants the city's mayors moserve as long as those in other large communities and says the change would make his
city's government more stable.
When Forest Lake City Council members meet tonight, they'll discuss his proposal, which wouldn't go into effect until
voters choose a mayor in November.
"There needs to be some continuity ... some vision ... in leadership," Smith said,
Critics ofthe change, though, say the shorter terms assure voters they, not political donors, have control. Ifthey like o
mayor's efforts, they will re-elect him or her, Council Member Susan Young said.
The Jeaders of Washington Cpunty'o four largest cities have four years to make their mark before elections roll around.
Even the four council members in Forest Lake, the county'o Ofth'|a,Qest,cummunUty, get -four years.
Lake Elmo also Is considering such an extension. And California political scientist Shaun Bowler said one survey showed
45 percent of American cities have four-year mayors, whereas 30 percent have two-year mayors.
The reason for Forest Laue's shorter term? Accountability, perhaps. The system is set up no residents can kick out
majority ofthe council every two years |fthey're unhappy.
That possibility "keeps government closer to citizens," said Council Member Judy 8u||.
But that means new mayors scramble. By the time they |eum how to be chief and get their projects ro|Ung, it's already
time to start running for re-election.
Smith contends that's acostly distraction for amayor, who can't devote enough time toprojects that might take years to
prove successful. That's especially true when a mayor is voted in to help change the policies of the previous
administration. It can take longer than two years to reverse course, he said.
He also believes constant changes on the council could throw city staff Into disarray.
"It's very difficult toaccomplish any (long-term) initiatives in a two-year period," Smith said.
He's not alone in his thinking. Bowler, a University ufCa|Ubnm|n-Riverside professor who studies local elections, said two-
year terms might just reflect "the triumph of running over governing."
Such terms might have been sufficient for colonial America and Its simpler agrarian society, he said, But with today's
budget cycles, union contract negotiations and complex infrastructure projects, "maybe you need a little longer learning
Council Member DickTychida supports the idea, and Council Member RickAshbmch says he questions It but remains
But Bull sounded skeptical. And Young opposed the idea, suggesting It could strengthen the influence of campaign
contributions.
http://www.twincities.com/lnld/twincities/news/local/I 350092l' — 1/12/2006
Mayor urges longer terms Page 2 of 2
"I can understand why (campaign) donors would wish to have a longer term to get back their Investment," she said.
And though she sald she understands Smith's concerns about long-term Initiatives, "If (a mayor) has good and
worthwhile projects, and citizens want them, they'll re-elect him."
In a survey provided by the city, three cities smaller than Forest Lake — Mahtomedi, St. Paul Park and Grant —have
mayors with four-year terms.
Lake Elmo might joln them. Its council Is expected to discuss the idea at Its Jan. 17 meeting. Though the proposal has
supporters, Lake Elmo Mayor Susan Dunn advises against it.
"Protect the residents and allow them the voice of choice every two years," she said.
Then again, Bowler of UC-Riverside said, "voters like elections in principle — but tire of them in practice."
Alex Friedrich can be reached at afriedrich@ploneerpress.com or 651-228-2109.
(VD 2006 Si. Paul Pioneer Profis and wire: at cvitx sources. All Ripghls Resarved.
http;llwww.l.winei0 s.earn
http://www.twincities.com/m1d/twincities/news/local/13580921.h plat contentMo... 1/ 12/2006
Lake Eimo
City Council
January 17, 2006
Agenda
Agenda Section: MAINTENANCE/PARK/FIRE/BUILDING No. 7A.
At the January 10, 2006 Council Workshop, the Public Works Supervisor informed the Council of the
opportunity to purchase a Gen Set generator from the City of North St. Pau] at a cost of $10.000. He
pointed out there is $15,000 in the CIP.
Mike Bouthilet will have a verbal update.
Action items:
Attachments:
Excerpt from the January 10th Council Workshop
Person responsible:
M. Bouthilet
Time Allocated:
LAKE ELMO COUNCIL WORKSHOP
JANUARY 10, 2006
9. Public Works — Gen Set (generator)
The new Public Works Facility will be used as an emergency center. Our Public Works
Supervisor has worked with the City of North St. Paul because they bought several Gen
Sets for one of their buildings that were too small. Mike Bouthilet said North St.Paul
offered it to us for half the price, $10,000. He said the self-contained unit automatically
comes on if we lose power at the garage. He said they had planned for this and put money
in CIP for $7,000 in two years. The Public Works corrected that amount after the meeting
to $15,000 allocated in the CIP.
10. Animal Control
11. Minutes and Structure
12. Volunteer/Emolovee Appreciation Dinner
The Council will check their calendars and call the Clerk with possible dates....March 3rd
was discussed as a possible date.
Workshop was adjourned at 8:50 p.m.
New Residential
New Commercial
Summary Bulldirig Report
Permits
Issued Valuation
2
0
Other Residential 13
Other Commercial 3
Total
$1,759,000.00
$0.00
$87,806.00
$13,500.00
18 $1,860,306.00
Total Building Fees Collected
$23,848.46
Summary Plumbing Report
Plumbing
6
Total Plumbing Fees Collected
$86,000.00
$553.00
SummaryHVAC Repo
HVAC 7
Total HVAC Fees Collected
Summary Grand Total Fees
Surcharge Fee Paid to State
SAC Fees Paid to Met Council
WAC Fees Paid to Oakdale
Misc. Expenses
Total Fees Retained
Credit Fees to Bldg
Credit Fees to Water
Credit Fees to Sewer
$41,086.00
$603.58
$25,004.96
$928.40
$0.00
$2.00
$2.00
$24,072.56
$23,272.56
$400.00
$75.00
Year fo Uate
Permits
Issued
Valuation
New Residential
New Commercial
Other Residential
Other Commercial
21
8
$12,311,741.00
$4,522,600.00
330 $4,557,727.00
47 156,157.00
Total 406
Total Building Fees Collected
Summary Plumbing Report
$22,548,225.00
Plumbing
81 $1,185,678.00
Total Plumbing Fees Collected
$6,379.00
Summary HVAC Report
HVAC 99
Total HVAC Fees Collected
Summary Grand Total Fees
Surcharge Fee Paid to State
SAC Fees Paid to Met Council
WAC Fees Paid to Oakdale
Misc. Expenses
Total Fees Retained
Credit Fees to Bldg
Credit Fees to Water
Credit Fees to Sewer
$774,986.00
$8,397.90
$325,183.39
$11,156.48
$1,450.00
$502.00
$2.00
8,293.87
$283,602.91
$27,000.00
$1,100.00
Lake Elmo
City Council
January 17,
2006
Agenda Section: CITY ENGINEE
Agenda Item: PUBLIC HEARING: Water Systems Interconnection Phase IV Project
Resolution No. 2006-09 Authorizing Preparation of Plans and Specifications
Background Information for January 17, 2006
Al the December (it" meeting. the Council accepted the Feasibility Report and ordered a public hearing for
the Water Systems Interconnection Phase IV Project. The Public Hearing was published in the Lake Elino
Leader and the hearing notices were mailed to the affected property owners. The City Engineer will make a
presentation of the proposed Project and answer any questions. A Draft resolution authorizing preparation
of plans and specifications is provided for Council consideration
Action Items:
MIS/ to adopt Resolution No. 2006-09, A Resolution
Ordering Improvement and Preparation of Plans for the
Water Systems Interconnection Phase IV Project
Person responsible:.
T.Prew
Attachments:
Resolution
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2006-09
A RESOLUITON ORDERING IMPROVEMENT AND PREPARATION OF PLANS
FOR THE WATER SYSTEMS INTERCONNECT PHASE IV PROJECT
WHEREAS, a resolution of the City Council adopted the 6th day of December,
2005, fixed a date for a council hearing on the proposed improvement for the Water
Systems Interconnect Phase IV Project.
AND WHEREAS, ten days' mailed notice and two week's published notice of
hearing was given, and the hearing was held thereon the 17th of January, 2006, at which
all persons desiring to be heard were give an opportunity to he heard thereon.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF LAKE ELMO, MINNESOTA:
1 Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report.
2. Such improvement is hereby ordered proposed in the council resolution
adopted the 171 day of January, 2006.
3 TKDA is herby designated as the engineer for this improvement. The
engineer shall prepare plans and specifications for the making of such
improvement.
4. The City Council declares its official intent to reimburse itself for the costs of
the improvement from the proceeds of the tax exempt bond.
ADOPTED by the Council this 17th day of January, 2006.
Dean Johnston, Mayor
AT I EST:
Martin . Rafferty, City Administrator
Lake Elmo
City Council
January 17,
2006
Agenda Section: Planning, Land Use and Zoning No. 9A
Agenda 1 em: Austad/Pierre/Hurt — Wastewater Treatment
Background Information for January 17, 2006:
The Council is aware of the history of issues with wastewater treatment on Hytrail properties owned by
these families. The sophisticated wastewater treatment systems installed on all three properties do not
function as designed, and the property owners maintain that no on -site wastewater solutions are feasible due
o poor soils. On November 15, 2005 the Council directed staff to work with the property owners to
investigate use of a portion of the Demontreville Natural Area owned by the City as a 201 style drain field
o serve all three properties. The property owners have indicated a willingness to design and construct both
the drain field and the conveyance pipe and equipment at their expense if the City would provide the drain
field site and take over maintenance of the drainfield, and all appurtenant pipe and related equipment within
the Public right-of-way. All tanks and equipment located on the property owners' sites would continue to be
their individual responsibility.
Responsive to that November Council direction City staff designated a location within the Demontreville
Nature Area that appeared suitable for a drain field location. The primary determinants of "suitable" were:
1.) Area clear of existing trees (that would have to be removed for a drain field); arid, 2.) An area that
looked like it might pass soil perk tests. The property owners then contracted with a septic design firm to
test the soils at the designated area — a portion of the sliding hill. While suitable soils were located, the area
of those suitable soils was large enough to only support a primary drain field — but not a back-up site as now
required by Lake Elmo Code. The property owners' septic designer then tested another site in the wooded
east area of the Nature Area, and did locate a site that would accommodate both a primary and back-up
drain field. This area would lose existing tree cover if the drain field were constructed there.
(Austad et al Continued on Page 2)
Action items:
Motion to approve the plan for wastewater treatment to serve the
Austad, Pierre, and Hurt properties per plans staff dated 01/12/06
subject to the recommendations of the City Forester (landscape
screening) and the City Engineer (system design). The property
owners will pay the entire cost of system and City construction
inspection costs, and agree to pay City wastewater fees in the
same amount and in the same manner as properties connected to
the City' s 201 wastewater systems.
ments:
. Draft Committee of the Whole Minutes of January 10
2. City Council Minutes of November 15, 2005
3. Location Map
4. Petitioner's System Plans
Person r
City Pl
s
Time Allocated:
(Austad et al Continued from Page 1)
In December the property owners submitted a proposed plan for the alternative drain field
site and conveyance system to the staff for review. That review resulted in staff concerns
with tree loss and resulting visual impact of the alternative draM field site, and concerns
by the City Engineer with some of the mechanical features of the conveyance/treatment
system proposed.
On January 10, 2006 the Council Committee of the Whole considered both the property
owners' plan and the staff's concerns with that plan. The petitioning property owners and
a least one other property owner that would be adjacent to the new drain field attended
the meeting and addressed the Committee. The petitioning property owners presented a
letter of endorsement for the project from the other three property owners that reside
adjacent to where the new draM field would be located.
The petitioning property owners agreed to incorporate modifications to their project
design as follows:
1. New tree plantings along the north/east periphery of the new drain field that
would provide immediate and effective year-round screening — as recommended
by the City Forester as to count, species and as -planted sizing.
2. Such design modifications to the conveyance system and drain field as the City
Engineer recommends to insure proper system functioning and City maintenance
in the future.
The property owners will pay for all system components and construction and City
construction inspection. The City will become the owner of and be responsible for the
portions of the system in Public right-of-way and on City property in the same manner as
the 201 systems. The property owners will pay the City the periodic wastewater fee as
now paid by 201 system property owners.
Vicinity Map
0 600
Scale in Feet
This &mingle Ma result ol a oomplation
end reinodadfon of bad monis se they
appear In various Washington Cooly oilloos.
The drawing Would toe usod lor Wotan.
memos only. Washington Cooney le not
misons4hla kv tray luminaries.
Boum: Weehlitotom County Surveyor s 0111ce.
Phone 1861 I 440.81176
Plaeol data besadon AS40dintormalIon
DRAFT
7. Austad Drainfield Plans
The City Engineer provided a utility plan for inground septic systems for the three
individual lots involved — Pierre, 5665 Hytrail Avenue; Austad, 5701 Hytrail Avenue and
Hurt, 5751 Hytrail Avenue. Mx. Austad presented a petition from the homeowners
involved looking for the City's support in an effort to resolve the issues at their
properties. Mr. Austad said he talked to surrounding neighbors informing them as to what
is being proposed. The City has allowed them to perk test an area on City property
behind their homes.
Mr. Austad said he counted about 15 trees that would have to go. The City Forrester will
look at the area, at the soils to determine what type of trees could be planted for
screening.
The City Engineer said there would be a pumping station which would have a manhole at
grade, but he would prefer not to have the manhole in the back and will look at other
areas. He said that the construction of the system would be privately and then turned
over to the City has not been discussed. Usual monthly fees contributed and cost of
installation will be paid for by the residents. There would be a wide enough path with a
finn base and grass for someone three times a week to check on the system.
The City Engineer explained the design has a backup. The portion of the sliding hill does
not have enough room to meet our requirements for two drainfields. Mr. Austad said the
three house system, drainfield, tree removal would cost about $75,000.
The Council noted they were behind solving this problem in a unatrusive manner as
possible.
A specific proposal will be presented at the January 17 Council meeting.
8. Bergmann Easement
The City Engineer said he is with the Bergmann's on easements.
9, Public Works — Gen Set (generator)
The new Public Works Facility will be used as an emergency center. Our Public Works
Supervisor has worked with the City of North St. Paul because they bought several Gen
Sets for one of their buildings that were too small. Mike Bouthilet said North St,Paul
offered it to us for half the price, $10,000. He said the self-contained unit automatically
comes on if we lose power at garage. He said they had planned for this and put money in
CIP for $7,000 in two years. The Public Works corrected that amount to $15,000 after the
meeting.
10. Animal Control
11. Minutes and Structure
DRAFT
'DRAFT
(2) Resolution No 2005-128, Adopting and Promoting the Use
of Intrastate Mutual Aid Agreements
In the letter dated May 18, 2005, it indicates there are nine steps needed for initial
implementation of HSPD 5 and 8 and for initial NIMS ICS compliance are identified in a
memo dated March 10, 2005, entitled National Incident Management System: Incident
Command System Elements Implementation to Minnesota. The Council did not receive
a copy of the memo dated March 10, 2005,
MIS/P Johnson/Johnston — to delay action on this agenda item in order to obtain the
March 10, 2005 Memo. (Motion passed 4-0.)
B. Update on Building Department: Activities:Jim McNamara
The Building Official reported there were five new residential permits and one new
commercial permit issued for October, 2005.
8. CITY ENGINEER'S REPORT:
9. PLANNING, LAND USE, AND ZONING:
A. Alternative Septic Treatment — Austad, Pierre, Hurt
The City Planner reported the City received a letter from Attorney Rooney on behalf of
the property owners located at the northwest corner of Highlands Trail and Hytrail. The
letter requests the City's assistance to either hook these homes to the Metropolitan Sewer
line at 54th Street in Oakdale or locate a site on City owned property with the
DeMontreville Nature area on which to construct conventional drain field. The
petitioners have indicated that they will pay the costs of whichever alternate is pursued.
The Planner noted that the City staff suggested to locate a conventional drain field site or
sites on some of the high ground within the DeMontreville Natural area to which
wastewater could be pumped and infiltrated...much like the several existing 201 systems
in the City. If the pipe and drain fields become City infrastructure (as are the 201's) the
appropriate connection fee and quarterly service fee would be charged the property
owners, and the City would maintain that infrastructure —still to be constructed at the
property owners expense.
Mr. Austad said they have a septic designer if the City wants to proceed with siting a .
three home system in the wilderness park area. The Council thought this was a workable
solution for a health and safety issue. The City Administrator added the project would be
under the City Engineer's control and any costs would be reimbursed. The City would
bare no costs for the solution.
M/S/P Johnston/Johnson — to direct the staff to work with the three homeowners
(Austad/Pierre/Hurt) on Hytrail Avenue in the direction of a community treatment on
Lake Demontreville wilderness area and meet the designer requirements of the city
engineer and any costs would be reimbursed by the property owners. (Motion passed 4-0)
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2005
DRAFT
DR FT
Attorney Filla noted there was no public hearing required. Council member Johnson
suggested informing all the residents in the area and to allow them to comment.
Mr. Austad said he would get the septic designer and send a report to TKDA.
B. Comprehensive Plan Update — verbal
The City Planner provided a letter he drafted to Phyllis Hanson, Local Planning
Assistance Manager of the Metropolitan Council, in response to her letter of September
26 initiating "a preliminary review dialogue" regarding the City's 2005-2030 Comp Plan
submission to the Metropolitan Council.
The Council changed the sentence on the second page, 1St paragraph, to read as follows
"The City Council unanimously adopted a Motion directing me to advise the
Metropolitan Council that the City Council finds Conditions 3(i), (i),(ii) and (iii) not to be
in compliance with State Statute providing that the Metropolitan Council may attach only
"reasonable" conditions to time extension for plan submission."
10. CITY ADMINISTRATOR'S REPORT:
The City Administrator reported that the City of Oakdale approached him to consider
allowing them to share our salt facility at the new public works facility. In continuation
with our cooperative relationship with Oakdale, he said we would evaluate what facility
costs would be and take preliminary steps which would be borne by the City of Oakdale,
The questions raised by Council were the number of years for the agreement, cost of road
deterioration and increase in traffic.
The Council consensus was to approve the direction for the City Administrator to work
with the City of Oakdale on the joint salt project with Oakdale.
The Washington County Administrators elected Martin Rafferty as their Chairman.
11. CITY COUNCIL REPORTS:
Mayor Johnston announced the Lake Elmo Library will be opening in December.
Council member Johnson alerted the public that December 1st the Minnesota State
Demographer will have a demographics presentation at 6:30 p.m. at the Grand in
Stillwater,
The Council Adjourn the meeting 7:57 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No, 2005-121 Claims
Resolution No, 2005-122 Maplewood Oakdale Lions Charitable Gambling License
Resolution No. 2005-123 Assessment for Unpaid Municipal Utilities
R FT
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2005 6
January 9, 2006
Dear Neighbors,
We are looking for your support In an effort to resolve the issues at our properties
which have been an issue for the neighborhood for decades.
The homeowners involved are:
Tracy and Jerry Pierre
5665 Hytrail Ave
Dave and Rose Austad
5701 Hytrail Ave
Paula and Kregg Hurt
5751 Hytrail Ave
Approximately four years ago we were the unsuspecting homebuyers who must now
deal with septic issues. The City has allowed us to perk test an area adjacent to
your property on City Property behind your homes.
e are hopeful that you would be kind enough to sign your signature in support
this plan.
3)
4)
Thank you.
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Lake Elmo
City Council
January 17,
2006
Agenda Section: Planning, Land Use and Zoning No. 9B
Agenda Item: Appeal from Administrative Determination - Gorman
Background Information for January 17,
Ed Gorman, on behalf of Gorman's Restaurant recently submitted a plan the Building Department for minor
structural modifications to the Gorman's facility that would result in a drive -up window on the east side of
the building. The Building Official referred the plan to the, City Planner to determine whether the zoning of
the Gorman site, would permit a drive up facility at a restaurant. By his letter of December 27, 2005 the City
Planner advised Mr. Gorman that it was the City Planner's determination that no permit could be issued for
the drive up modification to the restaurant per the terms of the GB zoning district that allows only "...full
service table operations...".
By his letter of December 30, 2005 Mr. Gorman has appealed the City Planner's determination/Code
interpretation within the time prescribed by the City Code. A Public Bearing Notice has been published as
also .prescribed by Code. The City Council is acting as the Board of Appeals and Adjustments in hearing
this appeal.
Action items:
Motion directing staff to prepare a Resolution regarding the
subject appeal.
Attachments:
I. Gorman Appeal Letter of December 30
2. City Planner Determination Letter of December 27
3. Schiltz Letter
4. Subject Zoning Provision
Person responsible:
/
City Planner/
Time Alloca
ECEiy
DEC 3 0 2005
Gormans Restaurant
11011 Stillwater Blvd,
Lake Elmo Mn. 55042
December 30, 2005
Mr. Charles Dillerud
City of Lake Elmo
This letter was hand delivered to the city of Lake Elmo office on Friday December 30, 2005
Dear Charles,
I have received your response dated December 27, 2005 and I respectfully disagree with your
conclusion. Adding a drive up window to Our existing restaurant will not make ours a fast food
restaurant. You will note in the letter that I gave you from the washington county health
department, that they, along with their approval of our plans for the addition of a drive up area,
the classification of our restaurant will not change. Our "Food Establishment" classification is for
restaurants whose main mode of operation is table service. These establishments may provide
drive up or take out service, but this is not their main mode of operation. The "Fast Food"
definition is "a food establishment in which the patron orders and receives the food at a counter or
provides its food via delivery or take out only," Surely all of the existing Lake Elmo resraurants
including Gormans are violating the zoning ordinance just by preparing our meals for take out. I
have also delivered our meals to various locations possibly another violation. Please do not
misunderstand ----I don't want any fast food restaurants to locate in Lake Elmo either. Adding
the approximate 230 square feet addition to our existing restaurant to accommodate a portion of
my existing business, will not make me a fast food restaurant. Gormans would become a
convenient full service restaurant with accessible take out food pick up ability. It seems to me
that the city could create a "GB-FF" zone that only fast foods could locate in. Currently no land
is zoned that way making it clear that those businesses could not locate in the city of Lake Elmo.
As far as the city setting a precedent I rather doubt that the other four restaurants in Lake Elmo
would be adding a drive up window to their facilities. If so on a case by case basis the city could
look at the possibility. Some would probably have to eliminate a portion of their existing parking
spaces and in doing so they would possibly not meet the cities parking requirements. We are not
going to loose any parking spots. Just because our restaurant would have a drive up doesn't
mean a fast food could "buy me out" and operate there. Gormans has a GB zone and they would
need a GB-FF zone. Good luck to them in re -zoning the parcel. In Lake Elmo there are currently
two full service banks operating with drive up available. To me they are still fuhl service banks.
According to the Lake Elmo Municipal Code sect, 200,01, subdivision IV have the opportunity to
appear before the board of adjustment to be heard. Please inform me of the earliest opportunity
for this to happen. The relief that I am requesting is that the board would allow us to proceed
with our proposed expansion to accommodate our customers
December 27, 2005
Ed Gorman
Gorman' s Restaurant
11011 Stillwater Blvd.
Lake Elmo, MN 55042
Dear Ed: By Certified Return Receipt Mail
RE: Restaurant Drive -Up
Building Official Jim McNamara has requested my determination regarding whether the
addition of a drive -up facility at your establishment would be in compliance with Lake Elmo
Zoning Ordinance standards. My findings in this regard are as follows:
1. Your restaurant at 11011 Stillwater Blvd. is located in the General Business (GB) Zoning
District.
2. "Cafes and Restaurants" is a Permitted Use in the GB District, but specifically limited by
the Zoning Ordinance to "...full table service operations".
It is my determination that the "full table service" clause in the Zoning Ordinance is
specifically intended to prohibit drive -up facilities at cafes and restaurants. Mr. McNamara can
not issue a permit for the drive -up facility modifications, and I have directed him to return any
plans for such a facility that you have submitted to the City.
Section 200.01, Subdivision 11 of the Lake Elmo City Code provides an appeal
procedure from any determination made by an administrative officer of the City. The City
Council hears the appeal as the Board of adjustments and Appeals. I have enclosed a copy of the
City Code Appeal section to which I refer. Please note that you must advise of the City in writing
of your appeal within 5 days of this administrative determination notice.
Sincerely yours,
City of Lake Elmo
Charles E. Dillerud
City Planner
CC: Martin Rafferty, City Administrator
Jim McNamara, Building Official
Page lofl
Sharon Lu00by
------
Subject: FW: Gorman's Appeal
From: Sharon Lumbv
Sent: Monday, January D9,ZOO5 10:18AM
To: ChuckDiUarud
Subject: Gorman's Appeal
John 8chUtc.LEInn, called to say he has Ooproblem with Gonnmn\sRestaurant adding on adhVe thruhohis
restaurant. He said he looks at it as making it more convenient for his customers and does not consider
Gnrnan'aRestaurant aoa"Fast Food" business, This drive thru would not change the rural character ofthe
neighborhood. John pointed out other businesses ... App|abee'u, Famous Oavao, etc. all have bake out areas.
1/g/20O6
Lake Elmo Motaicipai Code
Chapter 3 -Zoning
Section 300 Zoning Ordinance
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2/18,97
Lake Elmo
City Council
January 17,
2906
Agenda Section: Planning, Land Use and Zoning N . 9C
Agenda Item: Appeal of Administrative Order - Sessing
..„
i Background Information for January 17, 2006:
At its December 6, 2005 meeting the City Council directed the City Staff to issue an Order to the Sessings
at 5699 Keats Avenue directing certain actions by the Sessings to bring their property into compliance with
certain City Code provisions. Copies of draft December 6 City Council minutes reflecting its direction to
the City Staff, and the Building Official/Code Enforcement Officer's December 16. 2006 Notice and Order
are attached.
On December 20, 2005 the Sessings appealed Mr. McNamara's December 16, 2005 Order. The appeal was
timely, and a Notice of Hearing before the Board of Appeals and Adjustments has been properly Noticed
for January 17, 2006. A copy of the Sessing appeal is attached, together with a December 6, 2005 letter
from the City Attorney that addresses some of the issues in this appeal.
A Public Hearin should he conducted as Noticed.
Action items:
Motion directing staff to prepare a Resolution regarding the
subject appeal.
Person responsible:
City Planner
Attachments:
1. Sessing Appeal Letter — December 20, 2005
2. McNamara Notice and Order — December 16, 2005
3. Draft December 6, 2005 City Council Minutes
4. City Attorney Letter of December 6, 2005
Time Alloca
To: Jim McNamara, 12-20-05
I want to let you know that I am appealing this notice from you dated December 16th,
2005 in its entirety. It is ridiculous that this new City Council is going against the past
City councils and all staff decisions and only selectively doing it to me and no one else in
this City. I would assume that you will let me know in advance of when the appeal will
be heard. As you already know you gave me permission in 1998 to install the 6 by 6's*
and drain tile to correct an erosion issue the Ziertman's had at that time and you inspected
it and passed it. Then there is a council resolution stating the field stone is legal on my
property in that location. When did a pet containment system become a structure?
Rod Sessing
Dec16, 2005
Mr, & Mrs. Rodney Sessing
5699 Keats Ave
Lake Elmo, Mn. 55042
Re: Council Directive
Mr. & Mrs. Sessing
At the last council meeting (Dec. 6 2005) the city council required that all four illegal
structures be moved to the 10' setback line: pet containment system, ret.ining wall,
drainage system and man made berm. The natural drainage needs to be restored and legal
landscape material used in the required yard, All run off is to be redirected to stay on
your property.
The above items/violations are to be corrected by January17, 2005. If you have any
questions please contact the city office
Sincerely,
Jim McNamara
BOA-0g Pffiej*(cP4,9
EiffOrqeMetn Officer
Cy of Lake Elmo
Enclosure
EXCERPT FROM THE DECEMBER 6, 2005 COUNCIL MEETING:
Attorney Filla reported on the closed meeting where he met and talked about issues in the
Sessing lawsuit, things that should be expanded in the lawsuit and things that came up
that the Council thought should be discussed at a public meeting such as:
(1) Size of Garage to Residential Dwelling
(2) Allowed Uses for Side Yard Setback
(Please refer to the December 5, 2005 letter from Jerry Filla, which is made part of these
minutes, for his review on these sections of the code and .)
M/S/P Smith/Johnston - to direct the staff to take enforcement action against the property
owner of 5699 Keats Avenue by requiring all four illegal structures need to be moved to
the required 10' side yard setback: the pet containment system, retaining wall, drainage
system and manmade berm, the natural drainage pattern needs to be restored and a legal
landscape material used in the required side yard setback (sod, seed, mulch); the removal
of the structures and restoration of natural grade along with appropriate landscaping
needs to be done from the screening structure on the east to the end of the retaining wall
on the west. The 4" drainage pipe -tube that runs under the driveway and is laying in the
required 10' side yard setback needs to be removed and that water needs to be redirected
to stay on the Sessing property. (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2005 11
Peterson, Fram Et Bergman, P.A.
50 East Fifth Street, Suite 300
St. Paul, Minnesota 55101
PH: 651-291-8955/FX: 651228.1753
ifilla®pfb-pa.com
Direct Dial: 651-290-6907
.DezemteriAr2-005December 6, 2005
Mayor Dean Johnston
Lake Elmo City Council.
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
RE: Accessory Structure/Building Regulations
Construction with Side Yard Setbacks
RR Zoning District
Our File No.: 11155.04-2
Dear Mayor and City Council Members:
The City's regulations (City Code 100.03) incorporate the Minnesota Statutory Rules of
Construction (MS Chapter 645). In part, the State rules of legislative construction
indicate that the following presumptions should apply when construing the City Code
provisions:
1. The City Council did not intend a result that is absurd, impossible of execution
or unreasonable (MS 645.17 Subd. 1); and
2. The City Council did intend that the entire City Code be effective and certain
(MS 645.17 Subd. 2).
RELATIONSHIP OF GARAGE TO HOME
In order to ascertain the City Council's intent in regard to the use and regulation of
accessory buildings and accessory structures in the RR Zoning District, it is my opinion
that a person must review the definitions of accessory building, accessory structure,
building, private garage, principal structure or use, and structure (alt contained in
City Code Section 150) in conjunction with the City Code provisions relating to the RR
Zoning District (City Code 300.07 Subd. 4.B.) and the design standards for accessory
buildings and structures (City Code Section 300.13 Subds. 3 and 4). When I review
those sections in conjunction with each other, I conclude:
1. That the terms "accessory building and "accessory structure" refer to
detached buildings or structures.
Mayor Dean Johnston
Lake Elmo City Council
December 5, 2005
Page 2
2. That the owner of a 10+ acre parcel in the RR Zoning District can have one (1)
2,500 square foot detached building in addition to an attached garage.
3. That the last clause of the provisions of Lake Elmo Code Section 300.07 Subd.
4.B.2.a.1 seems to apply to all accessory structures which, depending upon your
interpretation, would include both attached and detached accessory
structures; and that this clause does not further define the term "size of
principal building" so that it could be interpreted to mean just the square
footage of the first floor of the dwelling unit or the total square footage of all
dwelling space contained in the building.
4. That the meaning of the first sentence in Section 300.13 Subd. 3.D.2 depends
upon whether the term "accessory building" refers to an attached
building/structure or to a detached building/structure. If it refers to an
attached building/structure, the area of the principal building which is
intended for the storage of passenger automobiles cannot exceed 1,000 square
feet. If, instead, the above referenced sentence refers to kdetached building,
then the area of a detached building intended for the storage of passenger
automobiles cannot exceed 1,000 square feet.
5. That the restrictions of the last sentence of Section 300.13 Subd. D3 do not
apply to property in the RR Zoning District.
The recent addition to the Sessing home has a first floor area that is designated as
workshop/storage area. Most residential dwellings have workshops/storage areas and
such areas are considered as permissible incidental uses. Determining the actual use
of these areas will occur as part of the discovery process in a current litigation and
will impact the ultimate determination of whether the property is being used for an
illegal commercial purpose or for a permissible home occupation.
SIDE YARD RETAINING WALLS
Except for buildings that house livestock, the required side yard setback for primary
and accessory buildings/structures in the RR Zoning District is ten (10) feet (Lake
Etmo Code 300.07 Subd. 4.B.3). Various items, including gutters, fences, walls,
hedges, trees, shrubs and plants are permitted encroachments in the side yard
setback area (Lake Elmo Code 300.07 Subd. 1 and Subd. 2). Drain tile is not
enumerated as a permissible encroachment within the side yard setback area. Fences
are defined as "a partition, structure, wall, or gate erected as a dividing marker,
visual or physical barrier, or enclosure (Lake Elmo Code Section 150).
Other than the permitted side yard encroachments, side yards should be landscaped
with materials such as sod, seed, mulch and plantings (Lake Elmo Code 1365.01). In
Mayor Dean Johnston
Lake Elmo City Council
December 5, 2005
Page 3
the case of the Sessing property, the City also allowed field stone to be used as a
form of landscaping material within the side yard area (Lake Elmo Resolution No. 99-
37).
Based upon my review of the above sections, I conclude that a retaining wall of some
type is a permissible encroachment within a side yard setback area and that all side
yard setback improvements must be maintained in an attractive and well kept
condition by the property owner (Lake Elmo Code 1365.05).
Very truly yours,
/s/ JPF
Jerome P. Filla
JPF:jtc
FAusers1Janice\Jerry\LE1Accessory Building -Structure Letter to Mayor and CounciLdoc
1 Uses and structures which are customarily accessory and clearly incidental and subordinate to allowed
uses and structures; accessory structures cannot exceed the size of the principal building.
2 No accessory building used or intended for the storage of passenger automobiles shall exceed 1,000
square feet of gross area, nor shall any access door or other opening exceed the height of ten (10) feet,
nor shall any structure exceed one (1) story in height except when the garages are located in business,
industrial or planned unit developments.
3 On parcels of 20,000 square feet in area or less, no detached accessory building or garage shall
exceed the size of the principal building in gross floor area.
Lake Elmo
City Council
January 17,
2005
Agenda Section: Administrator
Agenda Item: Appointment of Fire Chief to Full Time Status.
Background Info ation:
A.
The LE Fire Department was organized as a voluntary department many years ago similar to all small cities across the
country. Overtime volunteerism matured into a "paid on call volunteerism" as the need to have a public safety fire
organization operate consistently, responsively and that would be accountable. Cities across the country have been
reporting the difficulty in maintaining this type of structure with the change of employment economy within the US
during the late 90s/early 2000 era, Cities. including our neighbors have begun hiring some full time positions to
augment the majority of paid volunteers to assure a fire safety response would be predictable. Added to this chaninr
human resource need/cost is the high cost of equipment, facilities and expected service response fon-n residents.
On September 24th of 2004 the City Council adopted Ord. 97-141 relating to the organization and operation of the
Fire Department.. This occurred after deficiencies in the City Code were identified relating to operational authority.
During the summer of 2005, I announced in writing and at the City Council meetings that I would be openinc, and
posting for all officer positions allowing applications from the LEFD membership, Each Fire Department member
received a written notice that all positions for officers were being opened for application and inviting each member to
apply if they so choose. The notice also included that any of the positions could become part time or fulltime in the
future. Consistent with the Ord. 97-141, the Mayor and I designed a selection/interview process for the Chief's
position including the establishment of the interview panel. The panel developed a series of questions for evaluating
the candidate during the process. The interview panel recommended Chief Malmquist at conclusion of the process.
He was confirmed by the City Council in September of 2005. In addition, new job descriptions were developed over
the spring and summer for the Chief's position. officer positions and fire fighter. See the attached job description for
the Chief.
During the 2005 budget process, which just concluded, a full time Fire Chiefs position was added and approved in
the 2006 budget. Five major areas of management goals were sited as needed for 2006 and into the future. These
areas involve the;
• Fiscal management, overall planning, development, management and maintenance of the
fleet/facilities;
• design, management and deployment of human resources;
• public safety review and planning of new development;
• fire inspection planning and implementation of exiting and new developme.nt;
• and long term regional planning of public fire safety, emergency response and civil defense
operations.
To achieve the intended results within the LEFD in 2006. a full time Fire Chief will facilitate the goals as described.
It is anticipated that the new Fire Chief's position will be partially self supporting financially by theyear end.
Person responsible:
Action Items: Motion to hire Chief Gregory Malmquist as the
Lake Elmo full time Fire Chief as of January 17, 2006. Martin Rafferty, City Administrator
Attachments: Fire Chief Job Description
LAXI ELMO FIRE DEPARTMENT
JOB DESCRIPTION
FIRE C14IEF
POSITION SUMMAR
The Chief of the Lake Elmo Fire Department shall be responsible for all operations of the Department, which
shall include, but is not limited to administrative duties, training, coordination of vehicle, equipment and
facility maintenance, fire prevention, planning and organizing firefighting activities, conduct inspections of
new and existing buildings to ensure compliance with fire codes as well as local fire ordinances to minimize
loss of life and property and to act as fire department liaison with the city and general public. The Chief shall
be expected to serve as a leader of the Department, uphold, follow and enforce City Policies, Department
Policies, Department Standard Operating Guidelines and oversee all management functions of the
Department, Above and beyond all else, employee shall be required to respond to alarms.
This position is responsible for various duties within the Fire Department. These duties shall include, but are
not limited to
OUALIFICATIONS (must be met and
aintained throughout term in p
.0
• High school education or equivalent.
• Minimum of 6 years firefighting experience,
• Firefighter II certification.
• Certified First Responder.
Valid Minnesota Drivers License.
• Experience with Fire Inspection/Investigation.
• Has met the requirements of District Chief, (including Firefighter requirements, see Firefighte
Job Description).
REQUIRED ICNOWLEDGE, SKILLS AND ABILITIES
Knowledge of fire fighting equipment practices, principles, methods and techniques used in
modem fire suppression.
Knowledge of and the ability to apply pertinent federal and state law and city ordinances.
Knowledge of data privacy laws as they pertain to personnel records, reports and materials.
Ability to communicate effectively both orally and in writing.
Ability to learn and use computer programs, as well as other office equipment.
Skilled in listening and problem solving.
Must complete a minimum of 12 hours of continuing education outside the department annually.
ESSENTIAL FUNCTIONS
1. Administrative act vities.
• Shall ensure that the department meets all requirements set forth by the Federal, State, County,
City of Lake Elmo, NFPA and OSHA. This shall include the filing of documents, ing of
reports and complying with standards.
• Plan, organize and direct the overall operation of the Fire Department.
Prepare the Fire Department annual budget through the collection of data and review of previous
•
expenditures.
• Research, write, submit and ensure compliance with grants.
• Responsible for the development of policy or procedural changes.
• Ensure the security of administrative files to ensure compliance with data privacy
requirements.
• Evaluate the effectiveness of services and programs.
• Assesses concerns of citizens / community.
• Update and maintain the records of the fire department.
• Shall attend or ensure that the department is represented at any required city or department
meetings and any other association meetings which require department representation.
2. Training
• Responsible for the management and administration of the training and certification programs.
▪ Responsible for department training programs, establish and maintain minimum training
standards.
• Responsible for the weekly training activities of the department.
• Maintain training records.
• Responsible for coordinating both outside instructors and members attending outside training.
3. Vehicles, Equipment and Facilities
I' Responsible for purchasing of vehicles and equipment, (contacting vendors, delivery and pickup,
writing specifications etc.)
Ensure that vehicles and equipment are maintained. Setup scheduled maintenance, service calls,
inspection and certifications as needed. Deliver and pickup vehicles and equipment for service.
Maintain all required service mcords. Ensure fire stations are kept in good repair and order repairs
as needed.
4. Fire Prevention
• Responsible for the continued evaluation and development fire prevention program.
• Responsible for the scheduling and promotion of fire prevention educational programs and
events.
• Present fire prevention programs by addressing groups in the community.
5. Inspections/Investigations
• Plan, prioritize, and schedule fire inspection activities.
• Review past inspection reports.
• Contact owners for approval to conduct inspections.
• Conduct annual on -site inspections of structures and property.
• Review plans and proposals for all new construction.
• Conduct or ensure that proper fire investigations are conducted.
• Maintain all records.
2
6. Department Liaison.
Represent the Department on committees, at meetings and conferences as needed.
• Infbrrn the Department of significant matters.
Develop and maintain effective working relationships with City Staff, other agencies and the
general public.
• The Chief shall at all times present a positive and constructive attitude and shall continually strive
to improve morale and working relationships among personnel.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is frequently required to sit; talk or hear; stand; walk;
use hands to finger, handle, or operate objects, tools, or controls; and reach with hands and arms. The
employee is occasionally required to climb or balanee; stoop, kneel, crouch, or crawl; and taste or smell.
The employee must frequently lift and/or move up to 10 pounds and occasionally lift and/or move up to NO
pounds. Specific vision abilities required by this job include close vision, distance vision, color vision,
peripheral vision, depth perception, and the ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
Work is performed primarily in office, vehicles, and outdoor settings, in all weather conditions, including
temperature extremes, during day and night shifts. Work is often performed in emergency and stressful
situations. Individual is exposed to hearing alarms and hazards associated with fighting fires and rendering
emergency medical assistance, including smoke, noxious odors, fumes, chemicals, liquid chemicals, solvents
and oils.
The employee occasionally works near moving mechanical parts and in high, precarious places and is
occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals,
risk of electrical shock, and vibration.
The noise level in the work environment is usually quiet in office settings, and loud at an emergency scene.
SUPERVISION
Must be able to work independently, exercise initiative and independent judgment. This position answers to
and operates under the direction of the City Administrator. Oversee all personnel matters within the
department.
Shall assume the role of Incident Commander on all scenes when appropriate.
(During the initial implementation of this job description, it may be necessary to waive a portion of the
requirements. This determination will be based on the applications received and will be made by the City
Administrator. However, any requirements that are waived MUST be completed within a reasonable amount
o time, as determined by the City Administrator)
4
Lake Elmo
City Council
January 17,
20115
genda Section: Administrator No. 1 IB.
Agenda Item: Begin hiring process on Assistant City Planner and Engin
During the Budget process for 2006, four new positions were planned for and budgeted. Those positions are Fire
Chief, Engineer, Assistant City Planner and Code Enforcement Officer. Each of the positions listed below have been
identified during the budget process as clearly needed; based on the current workload vs. current staff allocations
and/or needed service delivery capacity. Some of the positions will re]y on savings from budgeted allocations while
others are dependent upon fees collected. Additionally, all of the positions added in the 2006 budget- process
anticipate future growth. As it will take some time to get through the process, 1 am suggesting we move forward to
begin the process on the following positions
- Assistant Citv Planner Anticipated Hire Date 5/06
- The planned development for the next 25 years, as ordered by Met Council, as well as the need for staff to
accomplish/achieve workloads and mentor a future replacement have been the driving goals for adding this new
position. In addition, fees currently received and anticipated will fully fund this new position.
City Engineer Anticipated Hire Date 5/06
Since Lake Elmo became a city consulting engineers have provided the city with the service needed to accomplish the
defined annual tasks. A number a years ago, as the city became dissatisfied with a consulting engineering firm that
represented LE, a decision to change resulted in the city loosing years of project documentation. Cities rely on the
memory of good documentation when planning future changes and understanding the present day. Our current
consultant TKDA does maintain good documentation in their office. The existing growth, anticipated growth and
current investments into building and replacing infrastructure and associated engineering costs, it is planned a portion
of the engineering fees paid and workload could be redirected to an in-house engineer. It is anticipated that the full
linle hired engineering skill would also be used to set up the LE Engineering office, moving all documentation on -site
and also work closely with the PW Department. This position will be fully funded by redirecting fees and workload
to the new engineer. We are anticipating an entry level engineer to fill this position at this time.
Person responsible:
Action Items: Motion to begin the hiring for the Assistant
Planner and Engineer. Martin Rafferty, City Administrator
Attachments:
Lake Elmo kgenda Section: CITY ADMINISTRATOR'S REPORT
City Council
January 17,
2006
Aienda
Fi
Department Operational Policy Manual
Background Information:.
On September 24th of 2004 the City Council adopted Ord. 97-141 relating to the organization and operation
ofthe Fire Department, This occurred after deficiencies in the City Code were identified relating to
operational authority.
Part of that Ord, gives authority to the Administrator to work with the Fire Chief and his team to construct
operational policy and guidelines in a manual format for clarity of operation. In an effort to make certain
- the City Council stays in the loop of that practice and LEFD Operations, I am recommending that a member
of Council be appointed annually to be part of the concurrence process related to policy and guideline
development.
Action Items: Motion to appoint one member of Council to work
with the Administrator and the Fire Chief in the on -going
development and modification of the LEFD Manual.
Attachments:
Person responsible:
Martin Rafferty, City Administrator