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09-07-82 CCM
CITY COUNCIL MEETING, SEPTEMBER 7, 1982 Mayor Eder convened the Budget meeting at 5:10 p.m. Councillors present: Mottaz, Novak, Morgan and Fraser. AGENDA: M/S/P Mottaz/Eder to approve the Agenda. Carried 5-0. 1. PAY PLAN: Council Comments - -- Mottaz - regarding insurance benefits - non -married personnel should not receive a cash equivalent for benefit difference of married personnel. Favors paying total fringe benefits and setting salaries indi.v:dually,, -- Morgan - as previously stated, City should pay total insurance regardless of marital status. Novak - presently, no recommendation. -- Fraser - -rot appropriate to pay one individuals_family health insurance in full -and pay a much lesser sum for an individual who does not need the family plan,without considering some compensation for the individual receiving the lesser amount. Prefers to pay each individual coverage and not tie insurance benefits to salary. Type of insurance coverage should be the option of the individual. --Morgan - coverage should be the same regardless of marital status,, - the increase -in-insurance coverage and salary should be a total of 80 - everything should be equalized, --Eder - no matter what is decided there will always be an inequity because of'type of`coverage; job classification, -etc - --Whittaker - one way to get around these problems is to set a maximum payment amount for all employees. This would include disability, hospitalization and life insurance. This would permit the employee to take as much insurance out of the package as they want up to the set amount. Only question is could the employee apply the difference between the maximum amount paid and the amount of coverage they choose towards their salary. --Fraser - no., but the employee oan qualify for City coverage to supplement non -City insurance. --Mottaz — maximum City payment should provide for premium increases. --Whittaker - would not recommend leaving the maximum 'cap' open for premium increases - employees will still be ahead by fixing the dollar amount now. Increased benefits, if they go up, can be negotiated when:_considering 1983 salaries. MIS/ Morgan/Mottaz to set a maximum salary increase for 1983 _ at-8%, including $125,;,max.imum,health, life -and disability insurance benefit., per employee. DISCUSSION: --Novak - questioned the % increase for insurance in the total package. f g:uted:it at about 5.6% - leaving 3.5% increase for salary. Not sure 8% is a realistic number. --Whittaker - Novak's percentages include Fire Department, Animal Control - base figure not accurate for these percentages. Motion carried 4-1. Novak opposed. --Fraser - want it understood that any employee can purchase additional health coverage through the City and benefit from the tax advantages. l CITY COUNCIL MEETING, SEPTEMBER 7, 1982 -2- Budget Meeting r 1. PAY PLAN - Continued - M/S/ Eder/Morgan to forward the Administrator's recommendations on individual pay rates, per his memo of August 25, 1982, to the Personnel Committee for recommendation to the Council. DISCUSSION: After comments on the necessity of a special meeting to set specific individual salaries, Eder amended his motion to reflect: In addition to referring the recommendations to the Personnel Committee, that for purposes of Budget, that whatever the average percent which would be applicable to salaries be used for purposes of determining program budgets. Morgan seconded the amendment. The Council further discussed the purpose, :-advantages, ,and dis- advantages of having the Personnel recommendations -before the next Council meeting. Amendment carried�'3-2. Novak and Mottaz-opposed. Motion carried 3-2. Novak and Mottaz opposed. --Mottaz - why have another meeting - Administrator capable of answering any questions the Council may have now. Has no problems with the way the Administrator has set up the pay schedule. --Novak - shares Mottaz's position. Has some questions on how the 1983 figures are going to fit into the 8% package. 2. FINANCING CAPITAL IMPROVEMENT PROGRAM - RESERVES: Whittaker explained the current problems concerning levy limits and reserves(Adminstra.tor's memo of August 31, 1982); and the City's past philosophy on setting up reserves. this philosophy may have to be changed_as the City can no longer generate the necessary money to keep the reserves at the maximum and put money aside for future purchases. --Novak - bad philosophy not to put money away for anticipated future needs --Whittaker - cannot levy enough to build up the reserves, and and purchase 0.uipment in the. same year. - Mottaz CYi;ty, in an attempt to be prudent, chose not to increase the levy limit increases that were allowed by law - State changed the law and instead of giving Cities the option of increasing their limited by 8s.each year, now, the limit can only be increased by the previous years levy limit. This being the same amount each year. Instead of being rewarded for being prudent the City is now being penalized. Council discussion `included -State Aid cut backs, budget reserves,' equipment costa, ren'lacem,ent posts„ City needs,_ operating_ costs, etc. ---Eder - nothing unrealistic in the proposed budget. The Council agreed that the approach to reserves should be maintained. A Special Budget Meeting will be scheduled, RECESS: The Council recessed at 6 p.m, for dinner. LAKE FLMO CITY COUNCIL MEETING, SEPTEMBER 7, 1982 Mayor; Eder convened the meeting at 7:07 p.m. Councillors present: Mottaz, Morgan, Novak and Fraser. Also, Administrator Whittaker 1. AGENDA: Additions: 7. B. Shannon Berg, 16 Cimarron -Building Permit 8. C. Steve Mogren 10. L-0 Announcements 11. Councillor Morgan - RR Waterline Crossing - Tablyn Park Seeding M/S/P Morgan/Mottaz to approve the Agenda as amended. Carried 5-0. 2. MINUTES: August 17, 1982 M/S/P Morgan/Mottaz to approve the minutes of August 17, 1982, as written. Carried 5-0. 3. CLAIMS: Additions; Jess Mottaz - Waste/Energy Slides $19.95 Kathy Crombie - PZC August $25.00 M/S/P Morgan/Novak approving Claims 82858 thru 82915. Carried 5-0. 4. LICENSES: M/S/P Morgan/Mottaz approving the following licenses: Lawrence Miggler Gary :Swanson Red Maple Sportsmans Club Wash. Co. Sheriff Dept. 3.2 Beer License - Green Acres 3.2 Beer License - Green Acres Guardian Agnels Church Guardian Agnles Fall Festival Temporary Beer License Dennis Schlomka AAA Pollution Control Sewer Installer - Renewal Carried 5-0. Asphal Driveway Co. Renewal of Blacktop Driveway Lic. 5. PUBLIC HEARING - SHORELAND PERMIT AND VARIANCES - DEAN JOHNSTON: Mayor Eder opened the public hearing at 7:13 p.m. Mr. Johnston is requesting a Shoreland Permit with variances to construct a 1 bedroom home on Lot 5, J. L. Cohn Subdivision. Comments: Eder - when a permit was granted earlier this year for some shore - land changes, discussion suggested that this was an unbuildable lot and this possibility- was acknowledged by Mr. Johnston. Johnston - not present at that time, understood that any lot that needed a variance was an unbuildable lot until a variance was granted. --Mottaz - concened with the fact that thrre is no room for a septic system. --Johnston - structure, as proposed, is a one bedroom house. Minimun drainfield requirement for any.structure is that for a two bedroom house. The drainfield area indicated on the plat contains sufficient area for a drainfield and an alternate drainfield site.for a one bedroom house. The proposal before the Council is designed for a three bedroom house - felt this would be a safer system to use the primary drainfield and alternate site area initially with the idea it would last longer and have a higher probability of success. CITY COUNCIL MEETING, SEPTEMBER 7, 1.982 -2- 5. DEAN JOHNSTON PUBLIC HEARING - CONTINUED: --Johnston - Could present a drainfield design for a two bedroom house - there is sufficient area for an alternate drainfield with this design. Reason for the variance request to allow building on a lot with 25,000 sq. ft, above the Ordinanry High Water was based on the fact that this is the second largest lot in the Cohn Subdivision and a home on this lot would not be inconsistent with past practices. --Engineer Bohrer - this is the only lot in the subdivision not built on. Lot areas in this plat were calculated when work was done on the Larson variance. R-Johnston - well is to be located in front of the west end of the house where it would meet the setback requirements from both lakeshores, -{Bohrer - biggest problem will be in installing a system within the limited area. As indicated in the plan review, all property lines and well setbacks should be clearly marked on the ground and the system laid out in the field before any construction begins, --Morgan - precedence has been set in this subdivision - does not. think an additional house will damage the environment provided it is built and maintained according to the limitations put on the building,- probably safer than many of the existing homes in the Tri-Lakes area, —David Bonestroo, 8199 Hill Tr. N. (Lot 6) - read a statement, signed by 5 property owners, requesting the City to undertake a study to determine what impact the proposed addition.may.have on existing residences due to the existing high water table, (a copy of said document is attached to these minutes.), Not opposed to the building of the home - very concerned about the water situation. If the water table rises, and the present systems fail there is no alternative but sewer. Looking for someone to come in and review the situation and sign a document indicating this proposal is ok and stand behind the findings.- --Steve Butzer, 8180 Hill Trail N. (Lots 1 & 2) - owns a home on combined property, Several issues to address - attended the meetings when the Larson variances were issued. Some of the issues brought up then are being used as precedence now - many of these -issues were not resolved at the time. Council at that time made a commitment to study the impact of the Larson system and have annual testing - this has not been done - still do not know the impact of the system. Do know that the perc tests on that property was unsatisfactory, at least once, and since the house has been there three septic systems have had flowage problems in that area - all that are at or below the level of the Larson system. The Johnston property is nowhere near the second largest lot -,disturbing to see language and measurements that were never corroborated. Urge the Council to go out and look at what is being voted on. Challenge the figures and calculations that were used at the time of the Larson variance, --Bohrer - Personally remeasured the side lot lines from the cul-de- sac down to the edge of the water of all the parcels in the Cohn plat at the time of the Larson variance, The water is approximately at the same elevation howasit was -at that time. This -did trot take into account if two lots -had been combined as one building site - these were the areas of the lots as platted, but took. into account the rise.ln'lake level. Used the figures, for the Johnston lot, from a 1 ft, contour map that was recently done by a registered land surveyor, CITY COUNCIL MEETING,'SEPTEMBER 7, 1982 -3 - 5 DEAN JOHNSTON PUBLIC HEARING - CONTINUED; Bohrer - Johnston can meet the setback from the water both hori:zonital and elevation, The ,setback in the Shoreland Regulation is based on the classification of the lake and generally for - aesthetic reasons„ John Stein, DDTR, has reviewed the proposal and indicated that he did not have any objections to the 50 ft. setback variance from the water; but did ask that the tree line around the shore be kept in tact, thereby screening the house somewhat from the water. As the elevation of the proposed septic system area is well above any flood elevation,-iit-was felt the distance from -the n,rater was -simply aesthetics. The review of this proposal was based on the calculations of Mr; Johnston's septic designer for a three bedroom home. The house plans, submitted to the Building Inspector, are for a one bedroom house with the possibility of one additional bedroom. If it were evaluated on the basis of a two bedroom home there would be enough area for a septic system and an alternate of the same size, --Mottaz ,- asked Mr. Johnson if he would agree..to include a limit of two bedrooms in his abstract until such time as sanitary sewer was available, —Johnston would have no objection to this, -Novak would it be safer to design the system for a two rather than three bedroom house, than if there was a failure the alternate site could be used; or would it be safer to have one system designed for a three bedroom house, Bohrer - it would be better to have the system installed as outlined in the review memo - as submitted on the proposal. Does not have an alternate site but will have a system that is twice the size, ( needed; --Mottaz - if this system fails he has no place to go P if it fails it will undoubtly fail the whole system not just half, Bohrer n explained the "Drop Pax` design that would have to be used, P-Bill Sohumackaer, Lot .1 asked if there is any record of an old drainfield running through this lot. Belives the drainfield from the Cohn house went across this property. This can be verified with Poona Cohn, Asked about the snow that is presently stored in the Johnston driveway - would this have to be hauled out, --Whittaker -- if the snow gets too high .for the banks it will be hauled away, 7-Morgan - with todays technology the likelihood of this system failing r does have two bonefide sites - is far less than the probability of the existing systems failing. Cannot penalize him because of what is going to happen to things that were put in 20 yrs. ago with inferior technology. Patricia Cole, Lot 1 & 2, - the systems that have failed or are having problems in this subdivision are all less than 10 yrs. old - are probably the last three systems put in, -Steve Larsen - suggested having Roger Plachmier design a system, --Whittaker - regarding the comparison of this lot to the average of the other buildable parcels the average building parcel is ,52A Mr, Johnstons parcel is ,57A - this exceed the average building parcel for the homes in this neighborhood as opposed to the average lot size, --Eder - personally feels that based on the discussion on the drain - field and in order to meet the two drainfield requirements this matter should be tabled until a specific Septic design for-a'two bedroom house is available CITY COUNCIL MEETING, SEPTEMBER 7, 1982 -4- 5, DEAN JOHNSTON PUBLIC HEARING - CONTINUED; -7Johnston - Shares the concern for safety and health relative to the drainfield. Asked if the plan could be approved contingent upon a drainfield plan, designed and approved by an acknowledged expert and the City Engineer, This would eliminate the necessity of bringing it back before the Council. --Eder - wants to review the redesigned plan, would like to have the drainfield further away from the street, particularly in the upper 2-3 lines. Concerned that the blacktop in the cul-de-sac will be affected where the field in within 3 feet of the curb of the cuirae-sac. --Johnson - understands that a satisfactory mound system requires only 1/4 of the available 2250 sq. ft. required setback requirements. There is plenty of rrom for a satisfactory system plus an alternate this is a technical question. --Bohrer - a variance is necessary from the setback from the house not the septic system. Being 75 ft. away from the water, meets the septic system setback and elevation requirements. If the system were moved slightly away from the eul-de-sac area, it would be less than 75 ft. from the water. Configuration of the area would still require a redesigned system to be placed in this location with only the upper 1/2 of the system constructed. The number of lineal feet of drainfield would remain the same for this proposal or a two bedroom House design. In regard to having Roger Machmier design a system - the mound system is considered a non7convential system - Johnston"s system is a convential system with runs constructed at different elevations. Sees no need to have someone else design the system again. Has calculated the area available for the runs, can meet the standard of 4-41/2 ft of undisturbed soil between the runs. An existing drainfield would affect a new system. With the know- ledge that there might be another system would have to have an understandinq that if durinq excavation a septic tank pr_drainfield r'ux's- are enaauntered-- the tank t,,,ill have to be removed and the runs grounted shut, This :would be enforced ]5y'the Building:. Inspector. T;ie Engineer informed the Council that the City has adopted the revised Chapter 4, Individual Sewage Treatment System Ordinance. This is more restrictive than the PCA standards previously used. This ordinance differentiates between the use of a garbage disposal and not. This considers the use of a garbage disposal as the load equivalent to one additional bedroom; Mayor Eder closed the hearing at 8:50 p.m. --Mottaz - would like the Engineer to respond to the following; 1. Possibility of an existiing:drainfield on the site. 2. A determination as to whether or not two separate systems can be installed on the available area, taking into account that with a garbage disposal are talking about a 3 bedroom house, per the present Ordinance requirement. M/S/ Mottaz/Novak to table action on the Dean Johnston variance application until September 21, 1982, pending the Engineers report. I The Building Inspector will review the systems indicated as having \ problems and forward his findings to the Engineer; also, copies of the Larson septic testing reports to -be forwarded to the Enginb8r and the Council. Carried 4-1, Morgan opposed. CITY COUNCIL MEETING, SEPTEMBER 7, 1982 -5- 6. DAVE WISDORF - MAINTENANCE SUPERVISOR: A. .Dump Truck Bids Wisdorf informed the Council of the condition of the dump truck and grader. Both pieces of equipment are old and reaching their stress points. Truck trade-in value is $2,000-$3,000, therefore, it was not written into the specs as a trade-in. Should hold this value for several years and would be better used as a back-up vehicle.. Plow for the dump truck has been repaired several times and it is questionable if it will last another winter season. Wisdorf recommended against..purchasincr nav- equipment fo,r the truck because -of the age of the truck and equipment costs. Leasing was not:a viable solution as the proposed vehicle is made to order to meet the City's needs .`.lease equipment would not have the,.hecessary equipment, would be more expensive to customize or would be old used equipment. —Morgan - questioned the additional cost, insurance, maintenance, storage, of keeping the old unit. --Wisdorf - truck_ would be stored outside. Additional costs would be minimal as it would be kept in operating condition but would not be used a great deal. Will not depreciate much more, can sell it later if necessary. --Mottaz - favors purchasing the truck and repairing the grader. B. Grader Bids - 1,71s orf reviewed the condition of the grader. and the Motor Grade Options,:as outlined in the Administratorl's memo of August 12, 1982. Trade-in on_a new machine is $5-6 000.' Citv has spent - $6,200 over the past three years on repairs. --Mottaz - recommended getting an estimate to over -haul the grader; Wisdorf - because of tle_age -of the -machine,, parts are about three -times more expensive would not increase "machine-: value. Another alternative is a.used grader - these are a minimum of 7 yrs. old. (newer than 7 years usually have major manufacture problems);, and after 7 years warrantees/guarantees are off._ Motta.z - concerned about spending $100,000+ when there is a possibility this one might last another 2-3 years; Tor.st that could happen is that the City would have to contract for work this winter should the present machine not operate. M/S/ Eder/Morgan denying authorization for grader bids. --Wisdorf - Draft bid provided a buy back clause. Ziegler provided that within 8500/hrs or 7 yrs. they will buy the machine back for 90% of the value. City may determine it doesn't need a grader in 7 years. --Eder - Economics have chanaed since this wasputin the C'IP_- realistically cannot afford this at this time. --Eraser - based on the alternatives presented, question is what are' the costa with vs without --this purchase - can we afford not to buy a grader. --Wisdorf - Leasing costs: Zeigler $5,000 per mo. Carlson Equipment $1800/mo, for a smaller unit. Looking at a high cost should the grader cease to function - also looking at a major problem should the winter of 1981 be repeated, making a gamble. Recommends the equipment be replaced, --Novak - rather, take a chance on it lasting another season, even if renting becomes necessary - reconsider next year. Motion carried 4-1. Fraser opposed. CITY COUNCIL MEETING, SEPTEMBER 7, 1982 .-6.- 6. DAVE WISDORF - Continued: M/'S/'P Mottaz/Fraser accepting the low bid of $45415.65 from Lakeland Ford, St. Paul, for purchase of a truck, box, sander and plow... Carried 5-0. M/S/P Mottaz/Fraser authorizing the sale of Equipment Certificates to pay the balance of the purchase price for the dump truck, if needed. Carried 5-0. 7. PUBLIC INQUIRIES: A. Vacation of Demontreviale Beach - Lanes Demontrevi9,1'e Country Club - The City receved'a pet tion from-E'iizabeti L; Orc.�`iarnrequesting '- vacation of public grounds, that area in front of lots 588 thru 595, Lanes Demontreville Country Club to the waterline of Lake Demontreville. This area was not included in the original vacation petition of Demontreville Beach, 14 years ago. Whittaker gave the background of the original vaction and outlined the advantages -of this action to the property _owner._ -He-also noted - - additional parcels that were not included in the original vacation. --Mottaz - recommended including all 'remaining non -vacated parcels of Demontreville Beach with the Orchard petition. M/S/P Morgan/Novak calling a public hearing for the vacation of all remaining parcels of Demontreville Beach in Lanes Demontreville Country Club, for October 5, 1982, at 7:15 p.m. All affected property owners will be notified. Carried 5-0. B. Sblaknoia\13'er , '1'6 Cimarron - Building Permit approval_for=entryway addition,"x 117'T, '�_"�""_"-` - M/S/P approving a building permit for an 81' x 17' entryway addition for Shannon Berg, 16 Cimarron. Carried 5-0. 8. ENGINEER'S REPORT: C. Steve Mogren = 8509 Lake Jane Trail - Engineer Bohrer informed the Council a�i`t-Tr.Mogren owns t e=ot in the NE corner of 42nd Street and Lake ,lane Trail. He requevted`City participation in correcting the back slope that -Baas"part of the ditch construction In frcrrt'-of -his -home, whan the City realigned Lake Jane Trail -at 42nd Street; All, work was=•done on public right-of-way; but Mr. Mogren would like the area sloped so that he can maintain it. The estimated cost to the City would be about 1�250,.for. sod, He will furnish the labor. Grp*op en tmiked``t& Tom NO.T;res after construction was completed (fall of 197`7), he indicated this would be taken care of To date nothing has been done. Needs to keep the area free of weeds because of health reasons for his children. Just asking the area be maintainable. M/S/ Mottaz/Novak, authorizing up to $300 for materials to Steve Mogren to correct the back slope of the ditch at the NE corner / of 42nd Street and Lake Jane Trail N. Whittaker - questioned the City's responsibility concerning the Mogren's septic system, as was previously discussed. rlogren - talked to Ernie Capra, septic installer, who indicated there should be no problem. Would not hold the City responsible for any problems relating to his septic system. Carried 5-0. CITY COUNCIL MEETING, -AU U41tL 7, 1982 -7- 9. POPOV/BLOMQUIST SITE & BUILDING PLAN: Engineer Bohrer summarized his memo of September 7, 1982, addressing drainage concerns for the proposed development. He recommended that the developers provide a drainage and erosion control plan, that meets City requirements, when a building permit is applied for. --Mark Jordon, building designer and contractor - was unaware of the drainage requirement - ponding area can be developed in the SW corner of the property where there is an existing natural pond. Explained the buildings construction - temporary/permanent building prefabricated superstructure that is screwed together - no nails - can be moved. Exterior will the painted, corri;gated steel, poles will be set in concrete and a pad set -down for the building to stand on. Total cost would be in $30,000 range with a maximum sq. ft. cost of $3.50. --Eder -r still concerned about the value of this structure vs value of of adjacent businesses; also, the fact the building has changed from a temporary to permanent structure. Talked with John Blomquist before this came -to the CoulAcil. __He.. ndicated that when the value of the land would have an impact on the structure it .probably would be removed. Even though.this has frost footings, etc, it has been understood to be a temporary building from the beginning. The intent over time is that this building will be removed. --Popov - all existing structures except the old house will be taken down. Blomquist may take down the house at a later date. --Mottaz - this is not any great change from what is there now. If meets aill requirements, including ponding; has no objection. M/S/P Mottaz/Fraser to approve the site and building plans for Boris Popov, Northern Sun Hang Gliders, for a 50 x 200 pole building on(Hig.hway.12 in Sec. 34, provided all City requirements are met, including a drainage/ponding plan. Carried 5-0. 8. ENGINEER'S REPORT: A. Bids - Water Tower Painting - Bohrer reviewed the bid tab sheet and exxPTained the worc necessary on the tower. He recommended acceptinq the -base bid from Allied Painting & Renovating, and, budgA-t—permits, Alternate 1, which provides for the repainting of the outside of the tank at an additional cost. M/S/. Morgan/Fraser to accept the low bid from Allied Painting, Discussion - --Bohrer and Whittaker - reviewed the previous work to the outside of the tank. Recommendation for the outside painting is based on the results of Twin City'Testing 's inspection of the inside and outside of the tower. Motion withdrawn. M/S/P Morgan/Fraser to accept the base bid from Allied Painting and Renovating of $9,140 and their alternate bid 1 of $8,000 for a total amount of $17,140 to paint the interior and exterior of the water tower. Motion carried 5-0. CITY COUNCIL MEETING, SEPTEMBER 7, 1982 Mm 8. ENGINEER'S REPORT; B. Waste/'Energy Plant - Budget (2) Planning Session - Bohrer reported that HDR, consultants to the County, and TKDA had a preliminary meeting. As many items, such as utilities to the plant and the remainder of Sec. 32, he suggested a work session with TKDA and the Council. He reviewed a sample agenda with:the'Counci7.. Nottaz - would prefer delaying such a meeting until some of the items discussed with the County are firmed up - about two weeks. (3) Intern - Mottaz suggested hiring an intern to assist the Administrator because of the increased administrative work involved during the planning of this project. The Council deferred any consideration of., this matter until the County's budget for the plant is complete. Mottaz presented a map -from HDR showing the proposed -location of the plant, along with Lake Elmo's recommendation on the area that should be purchased with the plant site, approximately an additional 50 acres. -'Ha-advised the Council that there is;a'pippline ha3f.way between Helmo and I-94 - this will require the plant to be a prescribed distance from this pipeline thereby necessitating Helmo Avenue to be moved. The City position is that if the plant is located, as proposed, then Helmo will have to be reconstructed to a concrete, freeway standard road. Tkie Counoil expi? „a;,ed the following -comments: and-recommendRtions after reviewing -the-proposa.l;: _ 1. The natural marsh area adjacent to the proposed plant site should be preserved and included in the total site area, along with the recommended acreage (50A) suggested by the City (all of the Brockman property) 2. The 20 A proposed site should be exclusive of public right- of-way. (The site as proposed includes the right-of-way for Helmo.) 3. Helmo be reconstructed to a freeway standard road. 4. Traffic - to avoid -::crisscross of traffic, plant design should provide an entry on the North and exit to the South. 10. ADMINISTRATOR'S REPORT; A. Auditor's Contract - M/S/P Fraser/Morgan awarding the Auditors Contract for 1983 to DeLaHunt, Voto, Inc., in an amount not to exceed $7,800. Carried 5-0. .Budget Meeting - - M/S/ Mcittaz-Morgah setting -'a special Budget meeting for Monday,` September 13, 1982, at 8 a.m. Carried 5-0. B. Election Judges - M/S/P Morgan/Mottaz appointing Betty Michels Head Judge for Precinct 1, Rita Schoenecker, Voting Judge, Precinct 2, and Gerry Eder, Voting Judge, Precinct 2. Carried 5-0. CITY COUNCIL MEETING, SEPTEMBER 7, 1982 10. ADMINISTRATOR'S REPORT; C. City Office Sign - M/S/ Mottaz Morgan opposing participation in the construction costs for the Brookfield II sign. Discussion - --Mottaz - City should not have to pay more than the cost of the "City of Lake Elmo" identification plate - should not have to buy or rent the,;building identification sign - this should be furnished by the landlord as part of the rental. Motion carried 5-0. D. LAWCON Grant Resolutions - These resolutions authorize the final application and the forms for State Trail Grant Funds. MIS/ Novak/Morgan adopting R-82-49, A resolution authorizing filing of application and execution of grant project agreements to acquire and develop open space under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resource Fund. (This includes Reid Park). Discussion - -- Fraser - reviewed the application - as this includes Reid park trail and parking area development and knowing that that there is opposition to developing a; parking area at Reid Park, does not make sense to spend any amount of money for this project - opposes the motion. --Whittaker - if develop the trails and don't provide an off- street parking area may be creating a problem for the neighbors. --Fraser - think the parking area will do the reverse - having a parking lot which will become the problem. --Mottaz - see this as a near major park. Cannot be considered a neighborhood park, Cannot develop a park of this size and not provide a parking area. Supports the resolution. Motion carried 4-1. Fraser opposed. E. Computer Quotes - Tabled until September 21. F. Metro Waste Advisory Board Volunteer - Morgan volunteered to .�_-.-.-....� -T _ _ serve on t� Board M/S/P Eder/'raser insb�u cting the City Administrator to write a letter of support for Councillor Morgan's appointment to the Metro Waste Advisory Board. Carried 5-0. G. Fire Department By-laws - The Council will review the By -Laws rl'ad -EHe Tm nfstrator's-_comments- as outlined in his memo of September 2, 1982. Whittaker will set up a meeting with the Relief Association Board, Mayor Eder and himself to go over by-laws and pension revisions. H. Zoning Amendments - M/SP Mottaz/Morgan adopting Ordinance 7938, an Ordinance recrganizing and recodifing the 1979 Municipal Code of Lake Elmo. Carried 5-0. I. Parking Coda Amendments - Tabled. LA.KE.ELMO CITY COUNCIL MEETING, SEPTEMBER 7, 1982 -10- 10. ADMINISTRATOR'S REPORT: J. VBWD Position Paper - I-94 Cutlet Petition - Ccuncil Comments Concerns --Mottaz opposes the entire project- --Why pay the State $700,000 to use their pipe when the City can hold its water back, if the rest area pond is too full, at any time and allow it to flow through their pipe when they are not using it. State is doing something to disrupt the flow of water initially - they have more than a passing responsibility. -Still going to have difficulty assessing people north of Lake Jane for a project that does not benefit them. Request a legal opinion from VBWD as to whether they can be assessed - if not will put a lot of extra cost on people south of Lake Jane. --Disagrees that residents south of Highway 12 (I-94) should be free of assessment under the pretext that they do not benefit. They benefit by not getting the water. If this is not the case, why not let the water run in its natural course and it will flow through Afton. Understand that Afton is asking that no water go south of the freeway - no water go into Afton, which presently is the normal natural water course - asking for the residents north of Afton to spend $700,000 to divert the water in another direction. Benefit by not getting the water and should be assessed the same as everyone else. If they do not want this assessment then culverts should be placed under the freeway and let the water flow as it did 200 years ago. --We cannot pay $700,000 to make the pipe bigger when the City can use it when they are not using it. --Valley Branch has come up with a program stating that they will not allow more than 1% more water to leave anyone's property yet, we have to allow for many billons of gallons to flow down I-94. Does not make sense. --Whittaker - many of the questions need to be answered by their Engineer - why was it planned as it is. --Mottaz - even if we use their pipe - still have to have the ability to hold the water back if the rest area pond is full. --Novak - where is all this water going to come from. Haven't had it before. Have to have a holding philosophy that prohibits more run-off than previously ran off - where will the water come from. --Morgan - have creeks and low areas that flood 3-4 weeks out of the year - why can't we use these area 365 days a year. --How are they going to connect the problems on Long Lake, Demontreville and Jane to this project. No constructions included in this proposal. Mottaz - City cannot sign a petition for the I-94 project until it is known who will pay for it. The Administrator will advise VBWD of the Councils concerns. K. Office Cleaning - The Council agreed with the Administrator's action to-Havee tie maintenance crew clean the City office through the fall season. L. Waste Abatement Grants - Tabled until September 21. CITY,COUNCIL MEETING, SEPTEMBER 7, 1982 -11- 10. ADMINISTRATOR'S REPORT: M. Ambulance Service - Whittaker advised the Council that Tom Cropp is having a meeting with Stillwater, Oak Park Heights, and Bayport on Wednesday, September 15, at 7 p.m. in the Stillwater City Hall. He has invited Lake Elmo to attend. Mr. Cropp will talk about the future of ambulance service in his service area. Whittaker will attend the meeting and report back to the Council. N. Correspondence - Whittaker referred the Council to a letter from Paul Magnuson relating to the outfall of Lake Elmo. He will send a response.and copy it to the Council. M/S/P Mottaz/Novak to extend the meeting until 10:40 p.m. Carried 5-0. 0. DNR Response on Demontreville Access - Whittaker referred the Council to t e DNR's etter of August 25, 1982. He will meet with representatives from the County Highway Department and the DNR to discuss the relocation of -the access .:.to work on developing a unified opinion to take to the County Board. P. Police Radio - The bill for the police .radio will be put on the ol�aims�for September 21. Q. Air Conditioner for Fire Department Breakroom - M/S/P Mottaz/Morgan authorizing $100 for purchase of a used air conditioner for the Fire Department Breakroom. Monies will be taken from the Kitchen Remodeling Fund. Motion carried 5-0. R. Zoning Map - M/S/P Mottaz/Eder authorizing $300 for up -dating and copying of the Zoning Map. Motion carried 5-0. M/S/P Mottaz/Morgan to adjourn at 10:40 p.m. ORDINANCES: 7938 - Zoning Amendments Resolutions: 82-49 -LAWCON Grant - Reid Park R-82- 49 Cod© 60 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY,.MINNESOTA REQUIRED FORM OF RESOLUTION OF APPLICANT AUTHORIZING FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO ACQUIRE AND DEVELOP OPEN SPACE UNDER THE PROVISION OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAi..RESOURCE FUND. WHEREAS, the State Natural Resources Fund provides for the making of grants to assist local public bodies in the acquisition and development of outdoor recreation pro- jects; and, WHEREAS, the City of Lake Elmo desires to acquire and develop certain land known as Reid Park which land is to be held and used for permanent open space; and, WHEREAS, in order for the,proposed project to be eligible for approval, there must. be proof that it: is part of a comprehensive outdoor recreation plan and 5-yeas action program (capital improvement'); and, . WHEREAS, the City of Lake Elmohas an original or revised 5-year action program which includes Reid Park; and, WHEREAS, it is estimated that the cost of the pro- posed development shall be $32,500.; and, WHEREAS, upon project approval the City of. Lake Elmo must enter into formal grant project agreements with. the State for the specific purpose of developing Reid Park; NOW, THEREFORE, BE 1:T RESOLVED by the City Council of the City of Lake Elmo: I. That an application be made to the State of Minnesota, Department- of Energy, Planning and Development, Office of Local Government for a grant from the Natural. Resouce Fund —{Minnesota Laws, 1979, Chapter 333, Section 31, Subdivision 3, paragraphs (c) and (d) for an amount presently estimated to be $13,000 and the applicant will pay the balance of the cost, from other funds available to it. 2. That the Mayor, City Council and the City Administrator are directed to execute and file A) such application and B) the 5-year action program with the State of Minnesota, Department of Energy Planning and Development, Office of Local Govern- ment, and to provide additional information and R-82- 49 Code 60 kui'nigh.such documents as may be required by said Department, and C) to act as the author- ized correspondents of the applicant. 3. That the proposed development is in accor- dance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will -develop and retain said land for uses designated in said application and approved by the Office of Local Government, 4. That the United. States of America and the Stage of Minnesota be, and they hereby are, assured of full compliance by the applicant with the regulations of the Department of the Interior, effectuating Title VI of the Civil Rights Act- of 1964. 5. That the City of Lake Elmo enter into an agree- ment with the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government to provide such grants as are specified in numbered paragraphs '1 and 2., above, for the year(s) 1982-1985. 6. That the Mayor and/or the City Administrator are authorized and directed to execute such agree- ment and any supplemental.•agreements thereof. Adopted this the 7th, day of September, 1982 by the i r City Council of the City of Lake Elmo. AA�TQQTEST : Laurence E. Wt1 ttaTcer City Administrator Mryn r L , Ec er Mayor CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Lake Elmo at a duly authorized meeting thereof held on the 7th, day of September, 1982, as shown by the minutes of said meeting in my possession. Laurence E. Whittaker City Administrator Date: \ (seal) CLAIMS TO BE APPROVED AT SEPTEMBER 7, 1982 LAKE ELMO COUNCIL MEETING 82858 82859 82860 82861 82862 82863 82864 82865 82866 82867 82868 82869 82870 82871 82872 82873 82874 82875 82876 82877 82878 82879 82880 82881 82882 82883 'll Chicago N.W.-R.R. - Watermain Crossing - Water Dept. Marcy Eischen - Meter Reader - Water Dept. David Eder - Summer Help Michael Speltz - Summer Help Commissioner of Revenue - August State wh. State Bank of Lake Elmo - August Fed. wh. St.Treas.-Soc.Sec.Retirement Fd. James McNamara - August Mileage Laurence Whittaker - September Expense Lake Elmo Associates Ltd. - Sept. rent Washington Nat'l Ins. Co. Allied Group Insurance Trust Minn. Benefit Ass'n Mn. Clerks & Finance Officers Assn. - Dues Northwestern Bell Northern States Power The Office Stores - Typewriter rental Ilene Johnson - Parks Commission minutes Mary Meyer - 8/24/82 Newsletter Commr. of Employee Relations - annual fee Four Seasons Services American Flagpole & Flag Co. - 2 gold flag stands Lillie Suburban Newspapers - legal publ. Planning & Development Services - Rossow testimony Robert Johnson Ass. - Cody testimony & services Lawson, Raleigh & Marshall - General $ 528.20 Prosecutions 1,744.00 M.S.A. 90.00 T.K.D.A. - General $ 255.01 Pass Thru 106.06 201 Sewer 530.74 M.S,A, 901.70 Watermain 316.87 Pitney Bowes - Postage meter City of North St. Paul - Vehicleusage - animal control Gerald Dahlberg - Animal control officer - August Oakwood Animal Hospital - August impound & adm. Fitzharris Athletic - Tennis Ct. nets - parks TSB Computer Center - water billing service Mn. Department of Health - cost for lab.services-water Meyer Mercantile - Maint. Dept, supplies T. A. Schifsky Gravel for 50th & Co.Rd.17 Moelter Construction Co. - limestone Wash.Cty.Hwy.Dept. - Salt -Sand Signs 1982 Sealcoating Capitol Electronics - radio repair service Stillwater Clinic - Fire Dept injury Gopher Oil Co. - soluble oil - Fire Dept $ 700.00 92.00 134.00 214.40 753.00 1,582.90 1,549.78 204.25 50.00 1,689.00 651.87 88.32 26.40 15.00 344.17 982.68 47.00 41.65 175.00 6.10 20.05 35.60 20.92 225.00 300.00 650.00 297.00 5,967.99 - Fire Dept David Keane - VBWD - Lake Jane pumping, reimbursed thru 82913 - Sept. 17th payroll (includes Dave & Mike) 2,362.20 2,110.38 48.00 125.00 250.00 174.00 634.27 87.50 105.83 149.46 4,226.85 31.53 6,914.99 38.90 34.00 212.50 203.99 5,000.00 $ 321658,49