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HomeMy WebLinkAbout01-04-83 CCMLAKE E MO CITY COUNCIL MEETING, JANUARi' 4, 1983 OATH OF OFFICE: Administrator WhiLtaker administrated th.e Oath of Office to Mayor Elect Eder and Councillors Elect Mazzara and Dunn. Mayor Eder called the meeting to order at 7:10 p.m. Councillors present: Fraser, Mazzara, Dunn, Morgan. Also present Administrator Whittaker 1. AGENDA: Amendments: 6. C. Step 2 & 3 Grants -• 201 Study - posponed until January 18 7. A. Orchard/Sinulair - reappeal - cancelled pending additional preperation by applicant 9, I. 'License : 'Additions - Lake I;'Imo Fleating Heat Contxactor Misty Inn Motel Outdoor Vending Machine license 9. J. Snow Plowing Ccnttact M/S/P Fraser/Morgan to adopt the agenda, as amended. Carried 5-0. 2, MINUTES: DECEMBER , and DECEMBER 13, 1y82 December 7, 1982- MIS/P Morgan/Fraser to approve the minutes of December 7, 1982. Carried 5-0. December 13, 1982 - Correction - ° Page 3, #2. -members to discuss a _Vi!eaelies-te-gexding-#esaee - �i��s-�re�t�el-lae-g�eee�n�es; ex-a-gaen�a-x�a�te�, procedures nat issues, how we would organize and function as a City Council in relation to committees and staff. M/S/P Fraser/Eder to approve the minutes of December 13, 1982, as amended. Carried 2-0-3 Morgan, Dunn and Mazzara abstained. 3. CLAIMS: M/S/P Morgan/Mazzara to approve claims 83331 thru. 83378. Carried 5-0. 4. ANNUAL ORGANIZATION MEETING: A. Acting Mayor - Mazzara asked about rotating the appointment of Acting P4ayor between the two senior members and if meeting attendance might-a.be a basis for this appointment. --Morgan - indicated he would be available to serve in this position. --Fraser - indicated she was interested in the appointment and has attended all but one meeting in the past two years. MIS/ Dunn/Eder to appoint Dave Morgan to serve as Acting Mayor Discussion: --Eder - would like to see a rotation system initiated after this appointment should the Council decide to follow past policy and appoint the Senior Council member ( in this instance, Dave Morgan) Motion carried 4-0-1. Fraser abstained. B. Official Depositories - M/S/P Morgan/Fraser to approve the following financial institutions as the City:'s Official Depositories: State Bank of Lake Elmo; Washington Federal, Oak Park Heights; Midwest Federal, Eastern Heights; and American National, St. Paul. Motion carried 4-0-1. Mazzara abstained, declaring he is an employee of Lake Elmo State Bank. LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -2- 4. ANNUAL ORGANIZATION MEETING: C. 'Legal Newspaper Ha'shin�ton Count'y'Reyi'ew - In deference to a letter received from tTie St. Croix Valley Press this evening, Fraser recommended deferring action on the legal newspaper until January 18. M/S/P Fraser/Mazzara to defer action on approving the Official Newspaper pending a report from the City Administrator on the circulation, publication, distribution, including Newsletter distribution, and publication of the Newsletter of the St. Croix Valley Press. The Administrator will compare the advantages and benefits of the St. Croix -Valley Press and the Washington County Review for Council review January 18. Motion carried 4-1. Morgan opposed. D. City Attorney - --FFraser commended City Attorney Marshall on his management and advise regarding legal situations in the City this year. She cited two particular instances and indicated both.were signs of "good work". M/S/P Fraser/Eder to reappoint Raymond O. Marshall as City Attorney for 1983. Carried 4-1. Morgan opposed. Morgan opposed the reappointment because Mr. Marshall has a financial interest in the building where the City rents.office_space. E. City Engineer M/S/P Morgan/Fraser to reappoint Larry Bohrer, TKDA, to serve as City Engineer for 1983. Carried 5-0. F. City Planner - M/S/P Morgan/Fraser to reappoint Rob Chelseth to serve as City Planner for 1983. Carried 5-0. G. Community Education Advisory Boards - M/S/P Morgan/Fraser to appoint Kristine Moe City Representative -_ to"Stillwater School,District 834 Community Education Advisory_ Board and Geri: Swenson, City Representative; to 'North St. Paul School District 622 CommunityEducation Advisory Board for 1983. Carried 5-0. H. Council Committees - 1) Personnel - Councillors Fraser and Dunn volunteered to serve on t� Personnel Committee. Mayor Eder suggested the committee be expanded to three members and offered to serve as the third member. M/S/P Morgan/Mazzara to appoint Councillors Laura Fraser and Bruce Dunn and Mayor Eder to the Personnel Committee. Carried r 5-0. (2) Other - Mayor Eder proposed forming a committee to work on the 125th Anniversary Celebration of the development of this territory which will be recognized in 1983. Eder will present a proposed schedule and outline of the celebration *amended later this year. *This event was brought to Mayor Eder's 1/18/83 attention by the Honorable Thomas Armstrong, who -offered to assist on this activity. LAKE ELMO CITY COUNCIL MEETING, JANUARY 41 1983 -3- 4. ANNUAL ORGANIZATION MEETING: I. Cable Commission - M/S/P Morgan/Mazzara to reappoint Council Representatives Mayor Maynard Eder and Councillor Laura Fraser, Alt. and Citizen Representatives David Garloff and Zona Butler, Alt. to the Cable Commission. Carried 5-0. J. Energ Plant Board - Mayor Eder reported the the scheduled meeting o the Project Board was not held because the group could not decide on a Chairman. "Councillors Fraser, Dunn and Morgan indicated an interest in serving as the City's representative if no other Council member were actively interested in serving. Councillor Mazzara indicated he was definitely interested in being the City's tepresentative, but needed to have a more definite idea of meeting dates and times so that he can work the time into his schedules --Eder - whoever accepts the appointment will be placed in a very time consuming situation. Would prefer to see Jess Mottaz in this position, but if the Council maintains an elected official should represent the City, than, he would be willing to serve. --Whittaker - reviewed tenative schedule - weekly meetings, possibly Tuesday afternoons, for the first three months, then, twice a month for the following 6 months. --Fraser - asked Mazzara about being able to attend afternoon meetings once a week. --Mazzara - has discussed this with his employer and feels the time required for meetings can be worked out - if ..he found the time element was becoming a conflict he would notify the Council so that an alternate representative could be appointed. --Morgan - representative should be an elected official - repre- sentative will be up against tough negotiators --feels this leaves only the mayor in the best position to be representative. MIS/ Morgan/Dunn_,to appoint Maynard Eder to serve as Lake Elmo Representative to the Energy Plant Board with Mike Mazzara or Bruce Dunn serving as alternate representative. Discussion: --Morgan stated his reasons for wanting an elected official are 1, he is responsible to the citizens who elected him,and 2. is confident in Eder's ability to tept6sen:t and protect:: the City's interest. --Dunn - agreed with Morgan. Wants to see the representative as someone who answers to the voters of the town. --Fraser -,UeSs Mottaz has done an--excellant job as City liason at the plant committee meetings to date. Does not see any strong advantage to the representative being a Council member - believes citizen volunteer principle is very effective - Council always retains the authority to discharge anyone who would perform poorly. Will not push his candidacy in view of the Council position on having an elected official, but would -- - prefer to see Councillor Mazzara be appointed since;Mayor Eder expressed some_rq�luctance and has many other responsibilities. --Mazzara - confident he will be capable to handle the responsibility although the time element is still up in the air, but would like the opportunity to serve. --Eder - asked Morgan and Dunn to withdraw their motion and appoint Councillor Mazzara as City representative. If the time element becomes a conflict the Council can make other arrangements. Dunn and Morgan agreed and withdrew their motion. CITY COUNCIL MEETING, JANUARY 4, 1.983 -4- 4. ANNUAL ORGANIZATION MEETING: J. Energy Board - Continued M/S/P Fraser/Dunn to appoint Mike Mazzara City Representative to the Energy Plant Board with Maynard Eder serving as alternate representative. Carried 5-0. K. Conditional Use Permits - Jim McNamara - Kenn'els- d ng Inspector McNamara reported that he had visited,,]. and viewed.all,the,kennels except Kolcinski Kennel - the owners were out of state until later this month. All the kennels appeared = clean and the animals in good condition. --Fraser - recommended deferring approval of the Kolcinski CUP until the Building Inspector can visit the premises. M/S/P Morgan/Fraser to adopt R-783-1, a Resolut16n'approving,a Conditional -.Use Permit -for Fisher Kennels; R-83-2, a Resolution approving a Conditional Use Permit for Breheim Shetland Sheepdogs; R-83-3, a Resolution approving a Conditional Use Permit for the Animal Inn; and R-83-4, a Resolution approving a CUP for Kolcinski Kennel. conditioned on the Building Inspectors approval of the premises. Carried 5-0. A--g �ri-Business- /'S/'P .orcpan•Mazzara to adopt R-83-5, a Resolution approving a Conditional Use Permit for Goods, Inc. Carried 5-0. Golf Course - M/S/S/P Morgan/Mazzara to adopt R-83-6, a Resolution approving a Conditional User. -Permit for Cimarron Golf Course. Carried 5-0. Drive -In Theatre M/S/P Mazzara Morgan to adopt R-83-7, a Resolution approving a Conditional Use Permit for Vali-Hi Drive in. Carried 5-0. Greenhouse - MP Mazzara/Morgan to adopt R-83-8, a Resolution approving a Conditional Use Permit for Richard Bergmann Greenhouse. Carried 5-0. MobileCHomes - Salus M—oHome - Since this structure was to be removed two years ago, with a one year extension granted in 1981 and 1982, and since Mr. Salus has not contacted the City on the current status of the mobile home, the Council deferred action on this CUP until January 18 pending a meeting with Mr. Salus at that time. John Dill Mobile Home M/S'P Morgan Dunn to adppb R-83-9, a Resolution approving a CUP for John Dill to locate a mobile home in Tartan Park. Carried 5-0. Open Sales Lot - La sting Stone McNamara reported that he had viewed the premises in Nove er and no expansion of the operation was noted. The materials are within the defined area listed on the permit, although the height of the piles may vary according to the type and/or damand for the materials. LADE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -5- 4. ANNUAL ORGANIZATION MEETING: K. Conditional Use Permits - Open Sales Lots - Lausen'g Stone - M S/P Morgan Dunn to adopt R-83-10, a Resolution approving a Conditional Use Permit for Lauseng Stone. Carried 5-0. Hanson Horse Trailers - Inspector McNamara reported that he talked with Mrs. Hanson who indicated that they have one pony, one horse and two dogs. Their lot is 9.8A, slightly under the required 10A minimum for keeping animals. Mr. Hanson presented a lease agreement for 15 acres adjacent to his property. He is leasing the property from Gene Peltier. The Inspector also visited the Hanson premises and reported that the area is clean and well maintained. The Council expressed no further concern about the animals and the land area. M/S/P Morgan/Dunn to adopt P-83-11, a Resolution approving a Conditional Use Permit to Hanson Horse Trailers, Carried 5-0. Flea Market at Vali-Hi- Inspector McNamara reported that the operators (St.'Cro.x R vermen) of. the Market have not.reappl:ed for a permit. They have been notified twice by phone and once by letter asking for confirmation - no application for renewal or feehas been received. McNamara recommended that this permit not be considered for renewal at this time.. The Council followed the Building Inspector's recommendation. Recreation Center - M/S/P MoMorga 7ffa-zzara to adopt Resolution 83-12, a Resolution approving a Conditional Use Permit for Green Acres Recreation Center. Carried 5-0. Veterinary Clinic - M%S%P--Moraan%FIiF ara to adopt R-83-13, a Resolution approving a Conditional Use Permit for Oakwood Animal Hospital. Carried 5-0. All Conditional Use Permits with the conditions of each permit are on file in the City Office and are effective from January 1983 through December 1983, Oakdale Gun Club - Administrator wHittaker referred the Council to the December 21, 1982, letter from Roger Jensen, sumftiariaing the matters discussed at the December 20, 1982, meeting_; and his memo of December 27, 1982, regarding proposed charges in the CTIP for the Gun Club and proposed Ordinance changes governing target ranges. He indicated that the only unresolved item was the hours of operation. The Club would like to retain the hours of operation as allowed, under the present permit. Whittaker suggestedthe proposed changes, asagreed to, bt the Oakdale Gun Club and the City, be incorporated into the language of the permit, M/S/ Morgan/Dunn to adopt R-83-14, a Resolution approving a ( Conditional Use Permit for the Oakdale Gun Club with the same provisions and requirements listed in the 1982 permit. Discussion: LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -6- 4, ANNUAL ORIGANIZATION MEETING: K. Conditional use Permits - Oa'k' 'a' 'e Gun C;1_.'u1_-`-ConBnued - --Eder - presented a summary of the transactions between the Club and the City over the past year. SelieveJ.have had a year of remarkable cooperation from the City Committee and the Gun Club in coming to a resolution and put in writing, effectively, what. the Oakdale Gun Club is doing at the range in Lake Elmo and to define everyone's role in this process 'so that any and all questions about the...operation of the Club can be answered. Most everything written down was to clarify what is presently being done by And at the Club. Several of the original permit documents have been lost over the vears, with the rt-A&iining_ records_leaving little protection=:for eitheti.the Gun Club or the City. Most of the effort put into the meetings between the Club and the City was to codify the operation of the Club and the City's responsibilities, while the -Club addressed future concerns such -as 'noise --abatement,, --Fraser - since all these items have been addressed and worked out between the two groups, would like to see the 1983 permit include the more explicit language. --Morgan - asked the Administrator to verify the extent of the changes - felt.,the changes were informal . --Whittaker - there are some formal amendments to the Code that will have to be approved at a later meeting. Feel it would be qood to include specifics on fencing. -.requirements,, noise requirement reviews, range''officer definitions,..and age limit-, and qualifications for -members in the permit..;__NQt.requiring the:Club to do, anything new, but better defining what they are doing. MIS/ Fraser/Eder to amend the motion to include the lanquage devbld pedcby the Gun Club and the City as summarized in Roger A. Jensons'l.letter of December 21, 1982 and the Administrator's memo of December 21, 1982, Discussion: --Eder - Asked Fred Waterous, President, Oakdale Gun Club, if his statments are accurate and if the corrections and/or addetdums as proposed and worked out'between the..City's"representatives and -the Gun Clubs�_r:epresentatives and legal counsel are an acceptable way to proceed on the CUP. *amended --Fred*Waterouxs- agreements do perform a job of coding and 1/18/83 defining - cannot disagree with Morgan's motion that they do not alter anything being done by the Club. Up to the Council to decide how they want this put into effect, We ( the Club) do not feel the need of additional regulations, have proceeded to carry out all types of improvements and operating procedures. Decision is the Councils. --Mazzara - asked if Mr. Waterous's remarks mean what has been worked out between the Gun Club and the City is agreeable, --Fred Waterous - proposals are acceptable. Difficult to decide ( whether they are necessary or not. Any additional rules or regulations are something else for the Club to keep their eye onto make sure they are not inadvertently violated. LAKE ELMO CITY COUNCIL MEETING, JANUARY 40 1983 -7- 4, ANNUAL ORIGANIZATION MEETING: K. Conditional'U8'e Permits - Oakdale' Gun' C'Ru=v'� Continued --Whittaker —good to include more clearly defined items in the permit - more clear for the next City Council or the citizen or the Club should a question arise. Not placing any new restrictions - Club has taken care of conr_erns the City had last year and done very well. Good to be as clear as possible as long as the language has been worked out, should use the language. --Morgan have no particular objections to including the language appears both groups have agreed to agree and nothing has really changed on the permit. If the language can be incorporated into the permit without basically changing the permit, its acceptable.. --Fred Waterous - most immediate concern is the discretionable question of fencing. Present fencing is in conformance with the present permit - this is potentially a very expensive item This is one item of immediate concern. --Fraser - not asking for anything specific at this time - just that it 'is agreeable that this will --be reviewed with the annual renewal of the permit, --Whittaker - permit should stipulate that no new fencing is required for 1983. --Eder - regarding noise abatement - as it stands now the City agrees that the Club can continue with what noise abatement procedures have been taken and the Club will continue to evaluate this, if the Club determines additional work is needed and planned and the City agreed then this would be added to the next years permit. If something were removed, then, reasons would have to be given as to why. Having things in writing just clarifies the requirements for the governing body. All the Council is asking is to put in the permit the things the Gun Club agreed to do so that it is understood that it is an accepted practice for the Club to do what it is doing. This should prevent anyone from questioning any of the operation of the Gun Club. --Mazzara - asked, as far as the Gun Club is concerned, are there any problems with what is agreed upon here. If no problems are indicated, then would vote for the amendment and the motion. --Roger Jensen, Attorney for Gun Club- our druthers are not to be regulated at all - feel can accomplish regulation on our own by following own standards, etc. Also feel that the CUP Ordinance is not necessarily applicable on the Gun Club because of the reasons set forth in the December 21, 1982, letter, In October memo from the Administrator was sent with proposed conditions to the CUP for 1983.. Those conditions were extremely rigid and felt would come close to putting the Club out of business. Had negotiations with the City Attorney and Administrator and were able to come to an agreement as to <. terms and conditions of the permit that the Club could live with. Basically they complied with what was presently being done or intended to be done in 1983. These conditions are summarized in the Dec, 21 letter. As previously stated, would prefer not to have any regulations, but if there is going to be regulations do not want what was originally proposed. Feel what is proposed now in the combination of letters is something the Club can operate under safely for 1983 and the Executive Board of the Club has authorized Mr. Jensen to state that the Club would be agreeable to these terms. LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 198 -8- 4. ANNUAL ORIGANIZATION MEETING: K. Conditional use 'Permits - Oa dale 'Gun'"Club Continued - --Fre waterous - the unamended motion would be preferred. --Fraser,- would be unfortunate after the long process of negotiation not to include the language proposed by the amendment. --Morgan - with the good negotiations and the agreements that were reached, felt it was understood that the permit could be written the same as the 1982 permit. No objections to the amendment, but do not feel, it is necessary. Exerpts from audience comments: --Arlyn Christ, 3928 36th St. - ..issue is not what has been agreed upon, but what caused the initial hours of negotiation. ..Council incurred a very harrassing atmosphere to the Gun C1ub...not necessary. ...original motion, unamended, should be supported. --Eder- ..harrassment was never the intention - intent was to up -date the wording in the permit. --Ed Nielsen, 9498 Stillwater Blvd - ...unfortunate that the feelings conveyed here by the Council were not felt by citizens or Club members. ...great deal of time and money M70,000) was spent on what was thought to be required by the Council. ..City conveyed atomophere that permit would not be renewed, thereby, initiating large expenditure for noise abatement wberming, etc'.-,-by..the,Club in order to stay in business. Miscommunicated to an extent that great deal of money was spent unnecessarily to-try",ande,appease the Council. --Eder - Action may have been an over -response on the part of the Gun Club. Anyone spending $70,000 on an improvement in the City would be required to get a permit. Had the City been aware these improvements were being made possibly the extent of the improvement and/or the cost might not have been necessary to satisify the City. --Gary Horning, 9350 31st St. - Scout Leader. - Concerned with the threat of -putting -the Club out of business. ... The Club has furnished the Scouts a means of earning money for the troop by working at the range - Club has been Super to the Scouts.., very safely run operation. Motion on Amendment: Motion carried 5-0. Motion as Amended: Motion carried 5-0. BREAK: 10 min. 5. APPOINTMENTS - COMMISSIONS: A. Park Commission - 10 meetings held in 1982 CommFiss on airman Sue Dunn reported that of the three Commissioners up for reappointment Jim Yarusso is the only member who requested to be reappointed. Al Martens and Leo Gehloff are resigning. The remaining Commissioners desire to stay on the Park Commission; and, Chairman Dunn recommended that all interested members be reappointed. Alternate Commissioners Nancy Hanson and Arlyn Christ will be moved'.upc to full members filling the Gehloff and Martens vacancies. Dunn also indicated that Diane Morgan would be interested in serving as an alternate, rather than full member, filling in when a quorem is needed. This was agreeable to the Chairman, The ''Comm `Si'ots will tlieh"-need onefull member and one alternate, LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -9- 5. APPOINTMENTS - COMMISSIONS: A. Park Commission Continued M/S/P Morgan/Fraser to accept the resignation of Leo Gehloff and Al Martens and approving the appointment of Arlyn Christ and Nancy Hansen ad full members of the Park Commission, Carried 5-0. M/S/P Morgan/Fraser to adopt R-83-15, a Resolution commending Leo Gehloff and Al Martens for their service to the City as Commissioners on the Park Commission. Carried 5-0. M/S/P Fraser/Morgan to reappoint Jim Yarusso to the Park Commission for a three year -term -from January 1,:1983 tc Sanuary:1, 1986. Carried 5-0. Based on the attendance record for Diane Morgan, 8 absences, and Dave Morgan, 6 absences, Fraser offered the following motion: MIS/ Fraser/Mazzara to declare the positions held by Diane Morgan and Dave Morgan vacant ,:-thexeby, opening_ the pos.itions_to individuals -who -have more time to devote' --to serving the Commission. Discussion: --Morgan - out of town business travel accounted f_or'five of his absences. ' --Mazzara - basing his position on the attendance required by the Planning Commission - aware work schedules can cause a conflict. --Fraser - recognizes the tremendous amount of work Mr, Morgan has done on the Commission in the past, but have to address the requirements the Council put into effect regarding attendance last year. Only reasonable to expect the Committee to be an operating Committee,'if members-,cannot:regularly`attend, then need to allow other people to serve. --Dunn - would _rather look at -these commissions from the point of management by objective - look at the feedback from the commissions - if the Chairmen -are.: happy with them group, then the Council should follow -the -recommendation of -that Chairman. . --Fraser - no committee can function properly with members attending only 20% or 40% of the meetings. Co ncil has a responsibility to the over-all community. While mae acceptable to the Chairman, not acceptable as a perform'ng committee. . --Dunn - cannot use attendance as the only criteria. Asking people to volunteer their time and treating them like kids. --Maz,zara - using the PZC as a basis for response, attendance is used to handle matters before the body - important to have a quorum - important to have the maximum of verbal exchange on the matter. A Commission needs interaction between members - by being on a commission one accepts the responsiblity for coming to the meetings - this is what the Planning Commission has done as indicated by their attendance record vs the Park Commission record. --Morgan - Park Commission not a statutory commission, its an advisory body. --Eder - recognizes Dave Morgan's strokg.:commitment and interest in parks, and desire to remain close to park operation. Suggested Morgan serve as an ex-officio .council representative to the Commission rather than a full participatory member. Asked Morgans response to this suggestion. LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -10- 5. APPOINTMENTS - COMMISSIONS: A. " Park, Commmission r Continued - ^Morgan - intended to serve out.term,and resign when . appointment was up. --Sue Dunn - no agenda item went unaddressed this year. No problems because of attendance were encountered. Would like to see Councillor Morgan remain on the Commission. as a full member. --Eder - would support his fulfilling his term. Would ask,,. he consider the ex-officio position should he continue on the Commission. --Fraser - would support the ex officio relationship. But if the principles developed by the Council are not applied here then there is no need to apply them with anyone else. Feel many good and interested people in the community who could serve the Park Commission well, -:•.important to provide them this opportunity when there have been excessive absences. Motion Vote: Motion failed 2-3. Eder, Morgan and Dunn opposed. M/S/P Eder/Mazzara to excuse the absenses of Dave Morgan for 1982 based on the consideration that he was attending out of town meetings and his commitment and desire to serve out his term. Also the agreement that beyond 1983, Mr. Morgan or any Council member to a Commission or other body, will .have an ex-officio membership status. Motion carried 3-1-1. Fraser opposed. Morgan abstained. --Mazzara - asked Chairman Dunn the status of appointment for Diane Morgan.' --Sue Dunn - spoke with Diane - she would like to be an alternate member, filling in when the Commission lacked a quorum. --Mazzara - suggested appointing an alternate who would be able to attend meetings regularly - should consider someone who would be interested in becoming a full member - want to encourage an alternate who wi;livactively participate at all the meetings, not someone who will fill in when there is no quorum. -Sue'Dunn - will address -this question at the January 16 meeting. --Fraser - points of confusion - Ccuncil has responsibilities to address these things. When review ing this type of attendance record and the action taken regarding it- the Park Commission is not functioning as a Park Ccmmission, it is functioning as a private club. Feel as a member of the Council,thatiwould not be meeting responsibility by letting this go without mention. Have attended Park Commission meetings - do not believe as a Council member there should be a need to frequently go to the Planning or Park Commission meetings. When seeing this type of attendance, then know that the group cannot function as a responsible Commission - ye-"- this seems acceptable to some people. --Whittaker - affirmed Chairman Dunn's statement - get recom- mendations on all things asked for. --Bruce Dunn - disagrees -with Fraser°'n conclusion- Believes the Commission is providing results thin -is what should be considered - not attendance. This is a volunteer advisory. -.group. --Mazzara - Feels the Park Commission may be better off by advertising for someone who wants to spend a lot of time and effort towards the Commission vs .just serving as an alternate when needed. LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -11- 5. APPOINTMENTS - COMMISSIONS: j A. Park Commission - Continued Mazzara 1 moved to advertise and seek three individuals.who are interested in serving on the Park Commission, to fill the position. of one full member and two:=alternates. -Eder - asked Sue Dunn to approach the Commission with the idea of having their meetings every other month, with in-between meetings serving as work sessions. Motion failed for lack of second. M/S/P Mazzara/Fraser to advertise and actively seek new members for the Park Commission. Carried 5-0. B. Planning Commission - 18 meetings Howard Michels indicated that the three members up for reappointment, Bill Lundquist, Scotty Lyall, and Fred Nazarian, have indicated they want to be reappointed. Bill Peterson contacted the Administrator and indicated he would like to remain on the Commission and is willing to serve as a full member. He would replace Mike Mazzara. The Commission will then need two alternates. M/S/P Mazzara/Fraser to reappoint Scotty Lyall, Fred Nazarian and Bill Lundquist to the Planning Commission. Carried 5-0. TMFraser -.noted-that the reappointment of William Lundquist, who has served more than two terms, is in keeping with the City Policy because the average years of service for the whole Commission is under 4years per member. M/S/P Mazzara/Fraser to move William Peterson to the position of full member of the Planning Commission, filling out the term of Mike Mazzara whose term ends December, 1983; and to advertise and interview for the two alternate positions. Carried 5-0. C. Schedule Interviews of New Applicants for F Deferred until January 18, time permitting. 6. ENGINEER'S REPORT: A. I-94..Intersections - The Engineer reviewed his letter of December 30, 1982, regarding a preliminary review of the prelimi- nary- construction plans for I-94. He identified the relocated access points to the freeway, which will be used until construction is completed at the end of 1985. Bohrer noted one concern, that being, the connection point at Ideal Avenue, which is slightly offset from the freeway lane crossover. Mn/DOT indicated -they plan toredirectaccess to westbound I-94 andf"sauthbound I-494 traffic to Minnehaha Avenue with eastbound I-94 motorists being the only users of the Ideal Avenue connection. Final construction plans have now been received by the City with the request that the Council pass a resolution approving the final plans. The Council took no action pending a meeting with Mn/DOT to answer questions on this next phase of I-94 construction. B. Estimate - Wetlands Inventory Corrections - Per Council instruction, the Engineer prepared a cost estimate to check the wetland inventory map for inconsistencies. LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -12- 6. ENGINEER'S REPORT: B. Estimate " � Wet'land's'Tnvent'ory Corrections_ - Continued Bohrer estimated t e cost to compare the wetlands inventory map with all exisitng drainage information available at $600. He stated this review work would not be necessary if the map were used only to identify existing wetlands; but recom- mended the review be done if the map were used as a compilation of all existing drainage information. The Council did not deem this a high priority item and instructed the Engineer to contact Soil Conservation Agency to determine which comparisons have already been done or could be done by the Conservation District before proceeding with the Engineer's review. Bohrer will report back to the Council January 18. C. - 'Step' '2&' '3' G'rant's' '-, 2'01' Sewer Study - Deferred until January 18. D. Reid'Park Grant - Bohrer reported that the City has received notl ica"F'"� tion�of a LAWCON grant offer of $13,000, 40% of the construction copt forimprovementsin Reid Park. The Council deferred action on authorizing the Engineer to prepare cost estimates for engineering services, plans and specs, etc. for the improvements, pending a recommendation from the Park Commission regarding grading plans for the park. E. Waste'/En'ergy Plant Update - Bohrer reported that the County Board as ecided to aut orize topographic maps for Section 32; and asked the Council if they were interested in includyng the western 1/'4 of Section 33, as this area most likely could be served by.g.ravity sanitary sewer, and would compliment the planning process that is going to go on in Section 32. --Eder - recommended that the proposal be presented to the property owners,at their January 26 meeting, to see if there is any interest, on their part, for this mapping. --Morgan - this expense should be borne by the property developers, not the City. -Eder - suggested that the Administrator and the Engineer approach the County and request this be included with the mapping of Section 32. 7. OLD BUSINESS: A. Orchard/Sinclair Re -application - Cancelled C. Star Trail Routing-- Mayor Eder introduced Wayne Reed, Presi ent o t e Snow Rascals and Star Trail Representative. Administrative Whittaker reported that the route -has not changed - traffic is, as in -the past, routed around the houses and behind the school. Signs are posted that irldicate where the trail goes and that the trail does not run in front of the homes along Highway 5. --Wayne Reed - in response to a question from Fraser, Mr. Reid indicated that violation of the trail route is a decision bf choice, not 'a -misunderstanding ofothe trail route. --Fraser - recommended informing snowmobilers through the Newsletter of where the Star Trail is located and remind them of their responsibility not to deviate from the trail thereby causing problems eg. such as noise to homes near the trail. LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -13- 7. OLD BUSINESS: C. Star Trail'Routing - Continued - T-Wayne Reed - Maps are being printed and will be displayed on a?!board in front of the Twin Point and at the south end of the County Park. The Club will also put up a "Stay on Trail'" sign where the arrow indicates the Highway 5 crossing. Mr. Reed will also supply the City with a Master Plan that identifies where signs and maps will be located. B. Lake D'em'ontreville Acc'e's's�He'aring - The Hearing will be scheduled for January l , at 7:00 p.m. Mayor Eder and Engineer Bohrer plan to meet with the DNR on plans for the access on January 5. D. State -Aid Cuts'- Impact - Deferred E. Worker's Comp insurance Bids - Whittaker reported that no one wants to i obsn is Comp insurance without Liability insurance included in the package. M/S/P Fraser/Morgan to accept the League of Mn. Cities Insurance Trust bid for Workers Comp insurance of $6;215 and reconsider this when the Genera=llaiability Insurance b ids "come in. Carried 5-0. F. Investment Discussion Council -OrganizationMeeting - The"Council agree wit" t e fivestment Discussion schedule, January 18, 5:00 p.m.; and set the Organization Meeting for Saturday, January 15, at 9:00 a.m. 8. NEW BUSINESS: A. Council Reports -'No Reports 9. ADMINI.STRATOR''S REPORT: A. 1983 Contract- City Administrator, Interna- Whittaker.a,: recommended turning this item over to the Personnel Committee. The Personnel Committee will meet January 15, after the Orignaizational Meeting. B. Health insurance Changes - Whittaker informed the Council of t'he rate increases, as outlined in the letter from Washington National Insurance Company, December 20, 1982. He has discussed this with the City- staff, who have indicated they want to stay with the $100 deductible. C. Voting Machines �- January 10 Meeting with County Auditor- W rtta er reporte t at t'e County Auditor 'as agreed to discuss a counting center for voting machines in this area. The Auditor will hold an initial meeting on the automatic card system voting machines on January 10. Whittaker will check on obtaining the tally sheets from Oakdale to compare the order of votes for candidates for consideration of the use of voting machines in Lake Elmo. D. Conferences - Whittaker.aprised the Council of up. -coming conferences to be held in the area. Interested parties should call the City Office for reservations. E. Schedule Meeting with City Attorney, Planner, Engineer - Councillors were asked to notify the Administrator w en they would like to schedule meetings with City representatives and (`,onGvli--an+c _ LAKE ELMO CITY COUNCIL MEETING, JANUARY 4, 1983 -14- 9. ADMINISTRATOR'S REPORT: F. Workshop 'on' Wetland\'Stu'dy scheduling this iE_rks'iop G. Meeting With Cliff The Council felt no urgency in deferred for future consideration. - City Surface Ac`inaer would Plan - the Council to discuss usingg his services'in developing -a City'Surface Water -Management Plan.in accordance with the new Watershed Act. Whittaker stated that Mr. Achinger`may be more qualified than the City Planner or Engineer in this area, as they are not involved in watershed planning matters to any great degree. --Fraser - would like to learn more about the overall requirements before meeting with Mr, Achinger. --Whittaker - will provide additional background information for the Plan to the Council,for their review and comments. H. Agendas '- Retiring Council Members - The Council agreed that retired Council members sR_o_u_ d receive Council Agendas for one year without charge, if requested. I. Licenses - M S/'P Morgan/Mazzara to approve the following licenses; Solid Waste Haulers - John Maroney Lansing Aven. N., Stillwater Junker Sanitation Service, 417 S. Martha, Stillwater Ron's Sanitation Service, 813 Mary Street, St. Paul Sewer Installer ARArPo ution Control, 1525 S. Sterling St., St. Paul Outdoor Coin Operated Machine - Hag"erg s Country Market, 11725 Stillwater Blvd., Lake Elmo Motion carried 5-0. J. 'Snow Plowing - Whittaker recommended contracting with Bernie Meyer to serve as a first call responder during snow emergencies. The City did not enter into a contract with Mr. Meyer this ,year, only an agreement that provided he would be called as needed. As he was unable to be reached during the last snow emergency, Whittaker and the Maintenance Forman felt a contract would clarify his duties. The Council asked that Dave Wisdorf come in and discuss this and emergency procedures with them at the next meeting. ADJOURNMENT: M/S/P Morgan/Fraser to adjourn at 10:35 p.m. RESOLUTIONS: 83-1 thru 83-14 - Conditional Use Permits 83-15A- Commendations for Park Commissioners Leo 83-15B- Gehloff and Al Martens R-83-15 RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION OFFERING APPRECIATION AND THANKS TO AL MARTENS DECEMBER, 1974 TO DECEMBER, 1983, AND LEO GEHLOFF DECEMBER, 1978 TO DECEMBER, 1983 FOR THEIR CONTRIBUTION TO THE PARKS COMMISSION WHEREAS, we have had the pleasure of working with Al Martens and Leo Gehloff during their service on the Parks Commission and; WHEREAS, we have greatly appreciated their under- standing of community needs and goals and their assistance throughout the process of planning and developing the City Parks System; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elmo, that: The City Council and each and every member, past and present who have had the opportunity to -�,rork with Al Martens and Leo Gehloff offer their sincere appreciation and thanks. ADOPTED, this the 4th day of January, 1983, by the City Council of the City of Lake Elmo, Washington County, Minnesota. SIGNED: x Mayas r L. Eder, Mayor ATTEST: Laurence F'�, Whittaker City Administrator CLAIMS TO BE APPROVED JANUARY 4, 1983 LAKE ELMO COUNCIL MEETING 83331 Postmaster - postage meter $ 200.00 83332 Husting and Engstrom - payment on Keats ave project 36,343.44 83333 Valley Trophy Center - plaques for retirement 97.00 83334 Arlyn Christ - Demontreville Park - bridges material 380.04 83335 Kathleen Crombie - Christmas party - centerpiece & beverage 60.16 83336 David Eder - office cleaning 41.04 83337 State Bank of Lake Elmo - 31 day investment 100,000.00 83338 St. Tress. - Social Security Contr. Fd. - December 1,584.52 83339 State Bank of Lake Elmo - December Federal Wh. 1,561.70 83340 Commissioner of Revenue - December State Wh. 766.00 83341 Laurence Whittaker - January expense 50.00 83342 Allied Group Insurance Trust - January premium 88.32 83343 Minnesota Benefit Ass'n 26.40 83344 Washington National Ins. - Jan. premium 1,113.59 83345 Lake Elmo Associates 'Ltd. - January rent 1,689.00 83346 Northwestern Bell 300.85 83347 Northern States Power 1,595.68 83348 Lehart Friedrich - planting corn for wildlife in parks 310.40 (City received a check from him for $745.00 for rent on the land -parks) 83349 Washington Cty. Hwy. Dept. - salt -sand 1,156.89 83350 G. A. Meyer Mercantile - Maint.dept. misc.supplies 153.31 83351 Hach - chemicals, Water Department 15.67 83352 James McNamara - December mileage 146.25 83353 MPCA - Onsite Wastewater treatment seminar 48.00 83354 Stillwater Clinic - fire dept injury 35.12 83355 Lakeview Memorial Hospital - fire dept injury 19.23 83356 Capital City Suburban Fire Fighters Assri - 1983 dues 25.00 83357 Suburban Lighting - City oP Lake Elmo sign 145.00 83358 Gerald Dahlberg - December animal control officer 274.00 83359 Mary Meyer - 12/21/82 newsletter 175.00 83360 Banyon Data Systems - finance syetem 1 yr. contract 100.00 83361 Richard Murray - V.B.W.D. - reimbursed 284.91 83362 David Keane - V.B.W.D. 9.7.99 833-003 Eckberg, Lammers, Briggs & Wolff - legal prosecutions 205.00 83364 T K D A - engineering '70.00 83365 MN Soil & Water Conservation Dist. - water resources inv. 2,262.98 83366 University of MN - Munici-pals Winter Workshop 21,00 83367 ICMA - 2 special reports 22.00 83368 thru 83378 January 7th payroll 4,800.00 Total - not including $100,000. investment $ 36,265.49 R-83- b RESOLUTION CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION GRANTING A CONDITIONAL USE.PERMIT TO --Cimarron Park, Limited FOR_ Public Golf Course _ IN THE—, R3 _ _ ZONING DISTRICT' FROM JANUARY 1, 1.983 through DECEMBER 31, 1.98 ,3 . WHEREAS, Cimarron ParkR w has applied for a Conditional Use'Permit for on see attached drawing Public Golf Course at 901Lake _Elmo _AVe. Now Lake Elmo, Minn_55042 in the City of Lake Elmo from January 1, 198 through December 31, 1.98 3_; and has submitted all required information and fees for the application for such permit; and, WHEREAS, Section 301.070 D 5 b (5) _ _ _of the Municipal Code of Lake Elmo, requires a Conditional Use Permit to operate a ___Public Golf in the City of Lake Elmo; and, WHEREAS, Sections------- Zoni_nR Ordinance of the Municipal Code of Lake Elmo sets forth the conditions under which said permit may be granted and such use permitted; and, WHEREAS, the applicant meets or exceeds all the conditions set forth above; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, THAT, the Conditional Use Permit Public Golf Course at� JQl Js m �_1yo.. Id_e Elmo. Minn. 55042 is hereby granted to� Cimarron from January 1, 198___3__ through December 31, 198_3 _, subject to the following conditions: 1.. That the owners of Cimarron Park shall demonstrate that they have taken responsible action to process claims for damages from golfers to residences and personal property of residents. Claims to be submitted to Cimarron management with a copy of each claim sent to the City. Cimarron will prepare a year-end report on all claims and their disposition for Council review. Their performance will be a factor in determining the renewal of the Conditional Use Permit. 2 3 4 5 u That the owners of Cimarron Park shall comply with the Ci.ty's Noise Ordinance. The owner shall. maintain the buffer between the homes in Cimarron Park at the golf course. That all mowing of the golf course shall begin at the perimeter of the course and end. at the area closest to the homes. That Cimarron Park owners shall provide adequate off-- street parking, sewer facilities, and solid waste disposal to serve the patrons of the golf course. This Conditional•Use Permit may be rescinded, after.a 2 week notice and a public hearing, if.the.City Council finds that the public health, safety, or welfare is jeapordized. ADOPTED, this the 4th day of January 198_3 by the City Council of the City of Lake Elmo, Washington County, Minnesota. Sig 1: AtTest: