HomeMy WebLinkAbout02-15-83 CCMLAI{E ELMO COUNCIL MEETING
FEBRUARY 15, 1983
Mayor Eder called the meeting to order at 7:00 p.m. at the City Hall.
COUNCILLORS PRESENT: Dunn, Fraser, Mazzara, and Morgan. Also City
Administrator Whittaker.
1. AGENDA - M/S/P Mazzara/Morgan to adopt the agenda with the
following additions:
4. License - Temporary Beer License
5.C. Paul Ryberg (11326 30th Street) - Planning Commission
10.C. Councillor Fraser - Addition to Request for Scoping EIS
ll.D. Solid Waste Legislation (5 ayes)
2. MINUTES - M/S/P Morgan/Mazzara to approve the 2/l/83 Council
minutes as corrected:
Page 5, Item 14 - "Fraser said... revenues?), overbedding...."
Page 7, Item 18.F. - "M/S/P...FOR COPIES OF MINUTES...." (5 ayes)
M/S/P Morgan/Fraser to approve the 2/5/83 Council. Special Meeting
minutes as written. (5 ayes)
3. CLAIMS - Whittaker noted that Claim 83484 should be charged to the
Parks Department since fire hose is for flooding rinks.
o Morgan - recommended, and Councillors agreed, that satellites should
be pulled out of Sunfish Park around March 1.
M/S/P Morgan/Dunn to approve Claims 83466 thru 83505. (5 ayes)
4. LICENSES - M/S/P Morgan/Fraser to approve a temporary beer
license for: Stacker, Ravich & Simon Law Firm, lst Bank Plaza, Mpl.s; .50
people; 10:30 p.m. - 1:30 a.m., 2/25/83. (5 ayes)
5. COMMISSION INTERVIEWS
A. LouAnne Mehsikomer, Planning - did not show up for interview.
B. Merle Olson, Parks - Has lived in Lake Elmo (by Regional Park)
since 1976 and has 4 children. Interested in cross-country skiing.
Basically, would like to help out anyway he can and become involved in
community affairs (has flexible work schedule so can devote some time);
not familiar with all the responsibilities of the Parks Commission but
has talked with Ed Nielson. Interested in playgrounds and swimming
beach at Regional Park.
6. COMMISSION APPOINTMENTS
A. Parks -
M/S/P Fraser Mazzara to appoint the following to the Parks Commission:
Mary Olson to full membership and Ed Stevens as 1st alternate. (3 ayes;
Morgan, Dunn nay) M/S/P Eder/Morgan to appoint Merle Olson as 2nd
alternate and Barb Holm as standby. (5 ayes)
® Fraser - Impressed with all candidates; Mary Olson indicated a very
high interest and would bring maturity to Commission. Ed Stevens brings
different geographic location for balance.
• Dunn - Also impressed with all candidates; if all are good, why not
appoint chronologically?
C ® Morgan - All four equally qualified, would favor chronological order.
* Dunn - We don't want to discourage people in the future since it's
unusual we have more candidates than openings this time.
e Eder - All. good candidates; I lean toward Merle Olson, Mary Olson and
Ed Stevens, with Barb Holm as standby.
CITY COUNCIL MEETING - 2/15/83
Page two
B. Planning - M/S/P Fraser/Morgan to defer this item until
about 9:00 p.m. so as to include Paul Ryberg's interview. (5 ayes)
7. INSURANCE BIDS, DAVE HOLMBERG - (Ref: "Package Insurance, Summari-
zations of Proposed Costs" and Zignego Agency letter dated 2/4/83 re
"Insurance Quotations and Comparisons.) Mr. Holmberg said that the
additional $1 million umbrella increases Lake Elmo's insurance coverage
at no extra cost, in fact cost is less this year even with umbrella
included --however not saying you should limit it to $1 million. He
mentioned that some municipalities are being sued for higher liabili-
ties; other policies will only pay $1 million during term of policy and
when used up another policy would have to be bought.
• Whittaker added in response to Councillors concerns: (a) statute
limit: of $500 ,000 doesn't have much validity if claim can be
supported, (b) would support umbrella since municipalities are
experiencing increased liabilities, such as anti-trust suits, (d) we
sent specifications directly to league and they bid through agent of
record; 3 companies received information and 2 responded with bids (have
never received more bids than this).
• Fraser - Would hope they could improve upon this with more people
bidding; want to make sure we do some research on this for next year.
M/S/P Fraser/Morgan to accept Aetna's bid through agent of record,
Zignego Agency, for Lake Elmo's liability and comprehensive insurance
and to include the option of. a $1 million umbrella. (5 ayes)
8. OLD BUSINESS
A. Snowplowing Policy
1, Rotation - Consensus of Councillors was to follow the
rotation plan submitted by Dave Wi_sdorf. and Larry Whittaker in his
AGENDA MEMO of 2/11/83. Eder also noted advantage of Keats procedure.
(2) Contracts - There should be a contract for Old village with Meyer
and for Jamaca and garage with Olinger, Whittaker said.
e Fraser - What are the limits? (Whittaker - let's make it over 4" and
leave drifting to Dave's discretion.)
® Mazzara - Wanted it raised to 5" and over. (Whittaker - Not taking a
lot of time; last year it cost about $180.)
e Eder - If it does snow 4" or more, Olinger can clean it out in 5-6
minutes while crew takes 1/2 hour.
® Whittaker - General policy is to get City crew out earlier when County
and State go out early; weather conditions dictate when they go out.
We'll keep things moving when snowing and then clean up later, hire on
temporary basis and contract plowers as recommended. Could send out
letter for clarification. Specific policy is .for Councillors informa-
tion only, and general policy only will be published in Newsletter.
Regarding truck, truck appmyal: is 120 days behind; could cash in bond- but it
would do no good.
® Dunn - Reason it's behind is because of people being laid off.
Whittaker - Could let them know we won't take bid in future.
M/S/P Morgan/Mazzara that Olinger, Mn/DOT, Oelke and Schifsky be
contracted for back-up snowplowing when needed. (5 ayes)
(3) Contingency Plan - Details of policy have been worked out
and contingency plan covered above.
CITY COUNCIL MEETING - 2/15/83
Page three
B. Ordinance 7940, Codify Chapter 200 of Municipal Code -
Whittaker stated changes: who can call a meeting- special meeting
provisions made in line with State statute; written notice paragraph
changed; Fire Department's chain of command; and fire fighters have to
obey traffic laws.
M/S/P Morgan/Mazzara to adopt Ordinance 7940 which amends and codifies
Chapter 200 of the Muni;eipAl Code of Lake Elmo. (5 ayes)
C. Ordinance 7941, Codify Chapter 100 of Municipal Code -
Whittaker indicated that fees adopted by ordinance in lieu of
resolution, Chapter 105 is added for this purpose, bd1ding permit fees
are based on value using UBC and Building Code Standard, Plan Check Fee
is up to 65% of building fee to be consistent with State code, and
changes would roughly double permit fees if all added.up; dog licenses
are annual and for dogs 6 months or older; parking lot permit f€:e is new.
M/S/P Morgan/Mazzara to adopt Ordinance 7941 which amends, adds
Section 105, and codifies Chapter 100 of the Municipal Code of Lake
Elmo. (5 ayes)
D. Ordinance 7942 - Dog Licenses - Deferred to 3/l/83 meeting.
E. Ordinance 7943 - License Ordinance - Defered to 3/1/83 meeting.
F. Ordinance 7944 - Target Ranges - Deferred to 3/15/83 meeting.
M/S/P Fraser/Mazarra to defer above Items D, E and F to 3/1, 3/1 and
3/15 City Council meetings, respectively. (5 ayes)
(
G. Lee Annett, Development Agreement for House Moving - Final
version of. Development Agreement was presented. Morgan said he looked
it over and had no questions. Whittaker,in answer to Eder's question,
said deposit is only required for road damage; attorney said bond is not
required under present ordinance.
M/S/P Morgan/Fraser to enter .into a Development Agreement between Lee
W. Annett and the City of Lake Elmo to move a house from Section 32 to
8875 North 27th Street in the City of Lake Elmo. (5 ayes)
H. Hammes/Auth Agreement - Mr. Auth has proposed to pay Hammes
$1,500 for damages and storage of the concrete pile, leaving crushing
and disposition of the concrete to Hammes. This clears up Hammes'
problem with Tom Auth and the County, but does not rid the City of the
concrete piles.
e Fraser - This would. release the leverage Lake Elmo now has with the
County; shouldn't the City hold the $1,500 until the concrete is of such
size to be saleable?
o Dorothy Lyons - He's received his money already, but County has bond.
We have to get job where concrete can be utilized (I-94 is possibility);
concrete would then be crushed to smaller size, mixed with materials and
used on site immediately; can't be crushed until that time.
e Bohrer - Person who gets bid for I-94 will get bid for salvaged
concrete. (Lyons - Our pit is open to any of the bidders for I-94.)
( e Eder - How big is pile? (Hammes - 12' high x 100' wide x several
hundred feet long) (Bohrer - That's approximately 9,000 cu. yds.)
o Eder - We should amend present performance bond ($5K) to include this.
CITY COUNCIL MEETING - 2/15/83 Page four
* Morgan - Why don't we give them a try at what they're doing now. I
think we have plenty of leverage with mining permit.
0 Fraser - This has been before the Council many times before, has cost
the City money and time, and believe we should keep leverage because of
difficulty in the past.
Y Dunn - The City initiated action in the first place by going down to
look at area; if they're $1,500 ahead let them have it.
® Eder - Let the record show our understanding that if it's not out by
1984 you may not get a mining permit.
M/S/P Morgan/Dunn that Hammes is now responsible for the $1,500 and
and for getting the concrete removed as quickly as possible; and to
approve the Auth agreement as written. (4 ayes; Fraser nay)
9. ENGINEER'S REPORT
A. Cottage Grove Ravine - The following are now to be incorporated
into water management systems: Cottage Grove, Woodbury, Lake Elmo,
Woodbury, and Oakdale. Woodbury, Cottage Grove and. Oakdale plans
provide that rate of runoff should not exceed predevelopment conditions.
(Predevelopment conditions are conditions that exist at time organiza-
tion is formed.) Lake Elmo's policy provides for control of rate of
runoff and volume leaving development; if all did this, lakes, streams
and ponds would flunctuate like they did for years. What we're talking
about here is water presently flowing out of Lake Elmo where volume is
or is not controlled. Even though Lake Elmo stores water, it may not be
relieved from assessments. What form of water management would Lake
Elmo prefer? Lake Elmo has to opt for either the Watershed District or
( Joint Powers; if not done by end of 1983, Lake Elmo will be assigned to
one. Watershed management will provide outlets, paid by special
assessments (Whittaker - general tax levy and/or special assessments),
and Lake Elmo may be paying for all improvements downstream.
* Whittaker - Concern is that Joint Powers would allow Cottage Grove and
Woodbury to have most of the voice and power, such as to build big pipes
as presently planned for, and Lake Elmo would have to .pay for it. We
want to preserve our water resources by storing it, by ponding, etc.
® Fraser - Not much to be done except preaching our concerns to them.
s Eder - We could sit down with Woodbury and work out some kind of
compromise on this sub -Watershed and then could get Cottage Grove to
treat their's differently.
® Morgan - Lean toward Watershed District in lieu of Joint Powers since
we would have very little voice.
s Whittaker - All would have to volunteer for Joint Powers; Woodbury and
Cottage Grove are committed to Joint Powers; I think we're safer with
Watershed District. They want to make decision Thursday night so joint
powers agreement can be drafted. We could say unless you are willing to
negotiate separate conditions for Lake Elmo and Oakdale, we aren't
positive; or we could support Joint Powers only if Lake Elmo is not part
of a big pipe system, can hold all our runoff., is not included in pipe
to Cottage Grove Ravine, and pipe under 494 is not enlarged. Could be
better choice if there's advance agreement.
M/S/P Morgan/Eder that Lake Elmo is opposed to Watershed District or
Joint Powers for anything other than Cottage Grove Ravine. (5 ayes)
R. Local Road Restrictions - M/S/P Morgan/Mazzara to allow
Maintenance Foreman and City Engineer to determine when and what streets
should be posted for load restrictions due to softening of subgrade.
(5 ayes)
CITY COUNCIL MEETING-2/14/83 Page five
10. COUNCILLORS REPORTS
A. Mazzara, Tri-Lakes Annual Meeting - People present expressed
previous concerns regarding DeMontreville access proposal: spawning area
disturbed (Fisheries man was not at meeting); access now has 15 parking
spaces, originally had 10 (Whittaker - association moved to approve this
plan December 1981, original 23 spaces reduced to 15); safety; trash;
and supervision or policing of area. People did not approve or
disapprove by way of motion; appear to be .resigned to situation since
they know it'll be there .
B. Dunn, Appreciation Dinner - Dinner for retiring Parks
Commissioners is to be held Friday, March 11, at Tartan Park; cocktails
at 6:30 and dinner at 7:30 p.m. Dinner would cost $8.50 and menu was
shown to Councillors.
® Fraser - City would pay for plaques and people attending for gifts.
o Morgan - Will be .paying for my own dinner.
M/S/P Morgan/Mazzara to budget $150.00 for appreciation dinner, at
$10.00 each person. (5 ayes)
C. Fraser, Scoping EIS Addition - Will having waste -to -energy
plant in Lake Elmo lower pressure for its abatement of trash?
0 Bohrer - Counties are required to have waste abatement plan; today is
deadline for submitting written comments. (Whittaker - Will get letter
off first thing in morning.)
M/S/P Fraser/Morgan to get evaluation whether or not waste -to energy
plant will have detrimental effect on abatement. (5 ayes)
BREAK - 9:05 p.m.
5. COMMISSION INTERVIEWS, Cont'd...
C. Paul Ryberg, Planning - 11326 30th Street - Mr. Ryberg said
that Planning Commissions were a .family tradition, his father was a
Planning Commissioner in Burnsville. Moved here about a year ago, pre-
viously lived in Hasting (1 year) and Mendota Heights (8 years). I like
Lake Elmo and would like to get involved in community affairs. Has
enough civil engineering background to read a plat. Believes growth is
inevitable and has to be managed, not in favor of rapid development such
as happened in Bloomington (10K to 15K population in 10 years). Would
have to think of sewage, roads, and utilities in any type development.
Would look at low -to -moderate income housing closely; usually it's more
costly than at first glance. I like Lake Elmo the way it is but know
that development will come from the West by year 2020; has to be done in
orderly fashion with no expensive surprises.
6. COMMISSION APPOINTMENTS, Cont'd...
B. Planning -
• Fraser - opposed to radical policies of Lee Rossow; views he expressed
here are widely divergent from citizens I've talked to.
• Mazzara - Possibly, Rossow could give us broader experience and more
insight.
• Eder - Most damaging comment was his concern for his own property.
e Dunn - At least Rossow is honest, believe he'd add a lot to Planning
Commission and stimulate some thinking. All three are exceptional,
would again take them in chronological order.
CITY COUNCIL MEETING - 2/1.5/83
Page six
e Morgan - Rossow would add another dimension to Planning Commission,
would go along with chronological order..
M/S/P Eder/Fraser to appoint the following to the Planning Commission:
Charles Graves as 1st alternate and Paul Ryberq as 2nd alternate.
(3 ayes; Mazzara and Dunn nays)
11. ADMINISTRATOR'S REPORT
A. Personnel Committee Meeting - Will be held February 19,
Saturday, 9:30 a.m. at the City Hall.
B. PERA Withholding - (Ref: Whittaker's AGENDA MEMO expressing his
views that public employees should not have to pay for State revenue
shortfalls; public and private employees should share those costs; and
Lake Elmo should set a precedent by opposing the 2% withholding.)
m Fraser - Burden should be shared equally, not just by City staff, I
would be in favor of finding a way of rearranging the budget so we pay
retirement for employees.
o Dunn - This is second time this subject has come up; you would think
50% and not 2% was being taken out. Public employees have to make
sacrifices just like private sector; we're living in a State with high
taxes and industries are being driven out.
* Mazzara - Agrees with Dunn, but we want good quality people working
for local governments.
® Fraser - Morale- of workers will be low and work will slow down.
® Whittaker - Employees have already shared in responsibility when fair
wage settlement was negotiated back in August/September; public
employees can no longer expect guarantees of a steady job and pension;
and believe over the long haul there'll be negative effect.
® Eder - Could give them additional 1 or 2 floating holidays as recogni-
tion of our sympathies, for 1983 only since court decision is they can't
do this again.
® Morgan - Would go along with Eder since employees are coming back for
more pay. (Whittaker - pay was cut so not coming back for more pay.)
e Mazzara - Employees should be allowed to renegotiate next year.
M/ Fraser that Lake Elmo pay the extra 2% that was removed by the
State. Motion failed due to lack of a second.
M/S/P Eder/Morgan to grant two (2) additional floating holidays in
1983 to City employees in recognition of penalties from 20 increase in
PERA fees. (3 ayes; Fraser and Dunn nays)
C. Pump Sale - Ad was placed in St. Paul papers and Lake Elmo
legal newspaper; City of Mora is still highest bidder ($2,180) with
Carlson Equipment at $1,870. We paid $3,500 for equipment new.
Maintenance Department would like to use money to buy smaller pump this
spring to flush out culverts, etc.
o Dunn - It's poor time to sell this equipment.
® Morgan - Agrees that February is not a good time to sell a pump.
M/S/P Morgan/Dunn to table this item until June 1. (4 ayes; Fraser
nay.)
CITY COUNCIL MEETING - 2/15/83
Page seven
D. Solid Waste Legislation - Proposed legislation received today
provides that districts in County may pay something in lieu of property
taxes. Should say "shall" instead of "may." Also, so as to get equal
representation from Ramsey and Washington Counties, we could ask that
7th person selected for waste management district be resident of a city
or that extra person cannot be a County official (Board member). Waste
management district will eventually control landfills, hazardous waste,
and garbage processing sites; and we don't want one County in control.
Doesn't look like this whole package will be approved in 1983.
Councillors were in general agreement with the above.
M/S/P Morgan/Dunn to adjourn the meeting at 10:05. (5 ayes)
Submitted by:
Ilene Johnson, Acting Secretary
ORDINANCES: 7940 - Codify Chapter 200
7941 - Codify Chapter 100
83466
83467
83468
83469
83470
83471
83472
83473
83474
83475
83476
83477
83478
83479
83460
CLAIMS TO BE APPROVED AT FEBRUARY 15, 1983 LAKE ELMO COUNCIL MEETING
Dave Wisdorf - boots, clothing allowance
Void
Void
First Nat'l Bk. of St. Paul - Park Bonds
Metro Waste Control Commission - sewer service chg
Four Seasons Services - cups & coffee
Mary Meyer - 2/8/83 newsletter
Stillwater Book & Stationery
Copy Duplicating Products - copy paper
Ilene Johnson - planning commission minutes $ 75.65
secretarial services 56.25
Junker Sanitation
Oakwood Animal Hospital - January animal control
University of MN - City Clerks conference, Larry
Holiday Inn - clerks conference
Croixside Press - Building Inspector
Office Supplies
83481 TKDA - General $ 2,896.31
Pass Thru 150.20
M.S.A. 265.08
22.99
40,848.40
67.25
38.00
200.00
119.69
150.12
131.90
42.00
140.00
70.00
34.00
supplies $ 74.20
235.80 310.00
Water Dept.
865.73
83482
Meyer Mercantile
- Maintenance Dept. $ 33.66
Fire Dept. 26.81
Parks - signs 2.94
83483
Brockman Motor Sales
- Fire Dept. truck repa r
83484
Oswald Fire Hose -
fire dept supplies
83485
Lake Elmo Oil -
Maintenance $ 105.86
Fire Dept. 90.93
83486
Cemstone Products
- Maintenance Dept. -sand
83487
Vern's G T C Auto Parts - Maintenance dept
83488
Aquazyme Midwest -
Parks satelites
83489
Ra=Mar Plumbing -
replace urinal in Park Shelter
83490
Meyer Cesspool Service - water dept. - main repair
83491
Water Products Co.
- Water dept. parts & repairs
83492 thru 83505 February 18th payroll
4,177.32
63.41
1.91
277.75
196.79
34.08
57.90
144.00
266.25
187.50
190.16
5,500.00
$ 53,271.42