HomeMy WebLinkAbout11-24-84 CCMLAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 20, 1984 PPRUM,
The meeting was called to order by Mayor Eder at 7:00 p.m. in the
council chambers. Present: Dunn, Fraser (arrived 7:50) Mazzara,
Morgan, Administrator Klaers, Engineer Bohrer.
1. Agenda
M/S/P Mazzara/Morgan - To approve the agenda as amended. Delete 7C -
Liquor License renewals; Add 5E - 201 Financing, and 7G - MAMA
Comparable Worth Study. (Motion carried 11-0).
2. Minutes
M/S/P Morgan/Dunn - To approve the minutes of the November 7, 1984
City Council meeting as presented. (Motion carried 4-0).
3. Claims
M/S/P Morgan/Dunn - To approve claims 85436 thru 85535 as presented.
(Motion carried 4-0).
4. Public Inquiries
A. John Schiltz on 201 Program.
John Schiltz: "I attended the public hearing on the 201 Program in
Stillwater on December 7, 1984. 1 was told the objective of the 201
Program is to stop water contamination in Washington County. When the
letters were first sent out to the residents in Lake Elmo, anyone that
had a concern or had a problem with their septic system were asked to
identify themselves. However, a lot of people were scared by the
potential cost for an improvement, not realizing that 94% of the cost
would be paid by the grant. Everyone in Lake Elmo that is affected is
not in this program, and I am not aware that there will be another
program in the immediate future to take care of the problems that were
not taken care of this year. The Old Village area is probably the
worst area - there are places in the Old Village that are pumping
their cesspools into their own gardens. I am going to live here in
Lake Elmo for the rest of my life, and so will my children. I am
concerned with the water problem that we are facing and which we'are
not really going to solve with this 201 Program. I also asked the
Washington County Board if this program would solve our problem or is
it just a little step in the right direction, but not the right
solution. I also asked if there was a central sewer system put into
the Old Village area of Lake Elmo, would 94% of the cost be paid by
the grant. I was told yes. Unfortunately there were not enough
people interested or that wanted to talk about the water contamination
problems in Lake Elmo. I would just like the people to know that a
grant for 94% of a central. sewer system for the Old Village area could
take place, and if the remaining 6% was broken down over ten to twenty
years, it would cost very little annually for each family. I was also
told at the public hearing that these new systems would be monitored
and contolled. We have the same rules and regulations on our books
now, and I don't believe that the code is being monitored or
controlled".
LAKE ELMO CITY COUNCIL MINUTES 11-20-84 PAGE 2
B. Dorothy Lyons on the entrance to the Regional Park
Ms. Lyons expressed concern over the entrance to the Regional Park.
Her concerns are whether or not the County will continue to acquire
land, contrary to the plans that they have previously been presented
to the City.
Consensus of the Council is to contact Washington County for further
information regarding this entrance, review the previous plans that
were submitted to the City, and put this item on a future City Council
agenda for review. Also, Ms. Lyons will meet with the City
Administrator to go over the information that is available, along with
a representative from Washington County.
5. City Engineer's Report
A. Loetscher/Dickhausen simple lot subdivision and lot
size zoning variance at 3063 Jamley Avenue.
The Council reviewed the memo from the Engineer dated November 15,
1984 in which he indicates that the applicants have now revised the
certificate of survey, provided soil tests and design for a new septic
system on each lot, and are prepared to construct a separate well.
The applicants have shown that there is sufficient room on each lot to
construct a new septic system should the existing ones fail. They
have also expressed their willingness to deed the rights -of -way to the
City and construct a new well. He believes all of the concerns of the
Council have now been met, and recommended that the City Council grant
the simple lot division with variances for lot size. The hardship is
that the property has two homes located on it and has been used as
separate lots for many years.
M/S/P Mazzara/Dunn - That the intent of the City Council is to
approve by Resolution a simple lot subdivision with lot size variance
for Dickhausen/Loetscher at 3063 Jamley Avenue after the well is
constructed and the quit claircm deeds are provided. (Motion carried
4-0).
B. Public Hearing regarding Oak Wilt diseased trees in the
Highlands Trail area.
Pursuant to published notice, this public hearing was opened at 7:45
p.m. in the city council chambers.
Reference was made to a letter from Roger Derrick, President of
Derrick Land Company dated November 1, 1984 in which he states "It has
been brought to my attention there are nine diseased trees at
DeMontreville Highlands (Lot 14, Block 2) and the cost to dispose of
them therefore
againstetherapp for the
properly
appropriate
lot".
In a verbal communication with the city staff, Mr. Derrick asked that
this public hearing be stricken from the agenda as he has contracted
with the Lake Elmo Jaycees to remove these trees.
LAKE ELMO CITY COUNCIL MINUTES 11-20-84 PAGE 3
There were no residents present to offer comments for or against this
proposal and this public hearing was closed at 7:48 p.m. The
consensus of the Council was to allow Mr. Derrick to remove the
( diseased trees privately, without City involvement.
C. Public Hearing for review of City Water rates.
Pursuant to published notice, this public hearing was opened at 7:52
p.m. in the city council chambers.
The Council reviewed the Administrator's background information and
the proposed resolution establishing water service rates from and
after 1985.
There were no residents present to offer comments for or against the
proposed water rate increase after July 1, 1985 and the public
hearing was closed at 7:53 p.m.
M/S/P Eder/Morgan - To adopt Resolution 84-59 establishing the City
water rates after July 1, 1985 to be a fixed charge of $5 per quarter
plus a ninety -cent charge for each one -thousand gallons of water used,
provided the minimum charge per quarter shall be $7.50. (Motion
carried 5-0).
D. MSA Designation
The Council reviewed the memo from the City.Engineer dated November
15, 1984 in which he discusses the 1985 Municipal State Aid
apportionment. The tentative total apportionment for Lake Elmo is
$128,891 which is an increase of 3% over 1984. This total
apportionment is broken down as follows:
Construction Allotment $115,511
Maintenance Allotment $ 13,380
Total Allotment $128,891
The maintenance allotment is received by the City each year
automatically in two installments. The construction allotment is
released only after a City awards a construction contract.
After the 1984 MSA project is closed out, there will remain an
estimated $98,789 in the City's construction account. Adding this
amount to the 1985 construction allotment of $115,511 will result in a
total amount available for construction of $214,300.
Although the City's 10-year plan does not show a construction project
planned for 1985, with this substantial amount available for
construction, the City may be able to move up the time table. The
City Engineer will discuss the MSA construction schedule with the
Council at a future meeting.
The City has 0.75 miles of undesignated State Aid mileage. The City
can designate up to 20% of its local road mileage as Municipal State
Aid Streets. As more local roads are built, the amount of mileage the
City can designate as MSA increases. Presently the City has 0.75
miles which it can designate as MSA, within certain restrictions. The
primary restriction is that the termini of an MSA Street street must
be a Trunk Highway, County State Aid Highway, or another Municipal
LAKE ELMO CITY COUNCIL MINUTES 11-20-84 PAGE 4
State Aid Street. Local streets or County Roads cannot serve as
termini. Also, the street should provide a "through" function and not
just provide local access. The Engineer estimates that the City could
be receiving an additional $7,000 in annual construction allotments
and $1,125 in annual maintenance funds if the 0.75 miles could be
assigned. The Council could designate a street now if it is 0.75
miles or less in length or choose a longer street and wait until the
MSA mieage increases to that length. Rules for requesting these
additions have recently been changed. These requsts must be submitted
by March 1, 1985 to be figured into the 1986 allotments.
Some suggestions from the City Engineer for MSA designation are:
1. 39th Street from CSAH 17 to TH 5 (presently non-existent).
This route could relieve some of the congestion at the
TH 5 and CSAH 17 intersections. (0.46 miles)
2. 36th Street and Layton Avenue from CSAH 17 to TH5.
Layton Avenue is in need of reconstruction. (0.31 miles).
3. Kimbro Avenue and 43rd Street from 47th Street to CSAH 17.
This street would advance the City's goal of eventually
paving all of the existing gravel roads. (.087 miles).
The Council discussed the above three options. Although no immediate
action needs to be taken, it is the consensus of the Council to
highlight this subject in the City Newsletter for comments from the
public, and continue this discussion at a future meeting.
E. Other
A. 201 Financing
The Council reviewed the memo from the City Engineer dated November
20, 1984 in which he addresses the construction costs for the 201
Program. The memo indicates there is a substantial difference between
the present estimated construction cost shown on the Engineer's
Estimate for all parts ($1,403,945) and the original construction cost
estimated in the Facilities Plan in 1981 and subsequently shown in the
grant ($360,000).
After a review of the Facilities Plan and a comparision to the
Engineer's Estimate, it is clear that the increase is not due to any
one factor but the additive effect of several factors. The two
primary factors appear to be that more work needs to be done than
anticipated in the Facilities Plan and the unit prices for the work
are higher than anticipated in the Facilities Plan.
The City of Lake Elmo should seek a grant amendment after bids are
received in accordance with present rules and regulations; however, it
seems apropriate at this time to alert the Agency to this possibility
now based upon the Engineer's Estimate. Since general obligation
bonds must be sold to finance the local share and interim construction .
financing, the City should seek a preliminary determination from the
Agency as to the liklihood of the grant being amended to cover these
additional costs.
This increase in the estimated project cost affects the amount to be
assessed and the interim financing (bonding) for the Project.
LAKE ELMO CITY COUNCIL MINUTES 11-20-84 PAGE 5
The Plans are in for plan review and there is no reason to change that
schedule. If the grant is amended to cover the increased cost at the
same participating percentage as had been done in the past for other
projects, the average cost is still within the range given at public
hearings. We will continue to urge the PCA to make a preliminary
ruling prior to bid opening.
Regarding the interim financing, the County and the Bond Consultant
want to set the bond amount at the December 4, 1984 meeting. Since
there will probably be insufficient time for the Council to meet prior
to this date, the Bond Consultant recommended the City's previous
motion requesting a bond amount of $325,000 be changed to read as
follows:
"not less than $325,000 or such larger amount as determined
by the finance program as set forth to Washington County
regarding the finance requirements".
M/S/P Morgan/Mazzara - To amend the motion from the 2-7-84 City
Council minutes (6A) to read: "not less than $325,000 or such larger
amount as determined by the finance program as set forth to Washington
County regarding the finance requirements". (Motion carried 5-0).
The Engineer elaborated on the comments made by John Schiltz (see
above 4 - Public Inquiries). Mr. Schiltz stated that the comment
had been made that this grant provides for 94% of the construction
costs for sanitary sewers or a treatment plant, or whatever would be
necessary, and the grant would pay for it. That is true only if a
sanitary sewer and a treatment plant were considered to be the least
costly alternative for solving the problem. In Lake Elmo's case that
did not turn out to be true. It turned out that upgrading the septic
systems was cheaper in both first -costs and maintenance.
6. City Council Reports
A. Christmas Party Update - Fraser
Fraser reported that the Christmas mugs are ready, and John Schiltz of
the Lake Elmo Inn is willing to provide the refreshments at a cost of
approximately $375. She further suggested Friday, December 14th as
the date for the Christmas Party from 4:00 p.m. until 6:30 p.m.
B. Other
7. City Administrator's Report
A. Public Hearing (continued for 11-7-84) for consideration
of Ordinance 7964, amending the Surface Water Ordinance,
in conformance with R84-44.
Pat Sinclair, 8164 Hill Trail North asked if the 930.25 level that
was set for Lake DeMontreville was going to be changed.
What is being proposed is that during periods of high water on Lake
Jane when the level of that lake reaches 924.0, or when Lakes Olson
and DeMontreville reach 930.25 the City of Lake Elmo can, upon
notifying the Washington County Sheriff, impose a slow no -wake speed
on Lakes Jane, Olson and DeMontreville. Such restrictions shall
LAKE ELMO CITY COUNCIL MINUTES 11-20-84 PAGE 6
become effective upon the date specified by the City Administrator.
The City Administrator shall make every effort to notify the public of
such restrictions by notifying local newspapers and attempting to make
this restriction published as a news item. All public lakes accesses
shall be posted prior to and during the time such restrictions are in
place. In addition, notice of such a restriction shall be posted at
the Lake Elmo City Hall. Said restrictions shall be removed promptly
when water levels have receded.
Mr. Sinclair asked if the weir was going to be sandbagged again, which
would in turn create a higher Lake DeMontreville and a higher Lake
Olson. Anyone that wanted to water ski couldn't do it - not through
the fault that the lake levels wouldn't be below that level, but the
fact the the weir was sandbagged, therefore creating an increase in
water levels on Lakes Olson and DeMontreville. He sympathized with the
people on Lake Jane and feels that the people at the meeting this
summer would agree that we would do anything within reason to
alleviate their problems. However, you also have to be realistic in
that there were a few people that live on Lakes DeMontreville and
Olson that signed the petition to lower that "fictitious" level which
was set by two or three people who live on Lake DeMontreville or Lake
Olson. This was something that came up at a public hearing where the
resident- stated they were having water. problems - either thru improper
setting up of retaining walls or whatever, but the majority of the
people living.,Orplson and DeMontreville did not have a say in setting
the lake levels. Even when the petition was brought up, we were able
to raise the restriction level somewhat, but maybe it was a fictitious
level to begin with. If the weir is sandbagged, and you get as much
rain as we had, obviously when the lake rises due to the rain you are
not going to have the same level as if the bags were not there. You
can't put a penalty on 98% of the people on Lakes DeMontreville and
Olson because of the fact that the lake is rising due to the
sandbagging of the weir.
Mr. Bill Rowe 8286 Hidden Bay Court agreeded with Mr. Sinclair and
stated that the level that has been set is reasonable if it is not
artifically set - no sandbags. Also, you should define when you will
remove the restrictions, because it hasn't been noted at what level
the restriction will be removed. The motion said "when the water
receded", and I would suggest that you make that below the level that
has already been designated as when the restriction comes on. If you
add that to .the motion it should cover our concerns.
Mr. Dan Weisbord, 8111 Hill Trail concurs with Mr. Sinclair and Mr.
Rowe and added that we have an established level with the weir and if
nobody messes with it (by sandbagging), it is something everyone can
live with.
Eder asked if there was anyone present that lived on Lake
DeMontreville or Olson that would object to striking the boating
restrictions from the ordinance and refer only to Lake Jane. The
problem that has to be addressed is on Lake Jane. We were trying to
be fair at the time we imposed these restrictions, because that is
what was being proposed (the sandbagging).
Dr. Bill Woodworth asked to go on record as agreeing with everything
that has been said at this meeting. The main problem is on Lake Jane.
We are all concerned about this problem on Lake Jane, but there is not
much that we can do abc•-tt it. The sandbagging of the weir has limited
LAKE ELMO CITY COUNCIL MINUTES 11-20-84 PAGE 7
possibilities and suggested that if the Council wants to do anything
further with the level of Lakes Olson and DeMontreville, some kind of
a study be made as to the affects of erosion because of the high
( water, before any further bans are considered.
Mr. Sinclair stated he is in favor of eliminating Lakes DeMontreville
and Olson from the boat ban. What concerns him is that last summer
when the ban came into effect, he was not notified of the ban. He
asked if there was a way of notifying the residents that lived on the
lakes, because if the people knew that an item that affects them as
much as the setting of levels where they can't go out fishing, water
skiing, etc., they would be here expressing their concerns.
The Council acknowledged a letter from Mr.and Mrs. D.K. Hubenette
dated November 17, 1984 protesting the raising of the water level on
Lakes DeMontreville and Olson.
The public hearing was closed at 7:52 p.m.
M/S/P Eder/Morgan - To adopt Ordinance 7964 amending Section 1511.02C
of the 1979 Municipal Code of Lake Elmo to read as follows: During
periods of high water on Lake Jane, when the level of that lake
reaches 924 feet mean sea level, the City Administrator of the City of
Lake Elmo may at his/her discretion upon notifying the Washington
County Sheriff impose a slow/no-wake speed on Lake Jane. Such
restrictions shall become effective upon a date specified by the City
Administrator. The City Administrator shall make every effort to
notify the public of such restricion by notifying local newspapers and
attempting to have this restriction published as a news item. All
public lake accesses shall be posted prior to and during the time such
restrictions are in place. In addition, notice of said restrictions
shall be posted at the lake Elmo City Hall. Said restriction shall be
removed promptly when water levels on Lake Jane have receded to below
924 feet mean seal level. This ordinance shall become effective upon
approval by the Commissioner of Natural Resources. (Motion carried
5-0).
B. Date and Time for City Council Castle Design depositions.
The City Attorney has indicated that the representatives of Castle
Design desire depositions from the entire City Council regarding the
Council's denial of the variances requested by Castle Design which
were needed before a home could be constructed on the lot in question.
It will take approximately fifteen minutes per Council member for
these depositions.
Consensus of the Council is to give the depositions prior to the
December 4, 1984 City Council meeting, starting at 5:30 p.m. The
Council will meet with the City Attorney, fifteen minutes prior to
giving the depositions, for legal advice.
C. Liquor License Renewals (Tabled)
D. DNR Grant
The Administrator advised the Council that Lake Elmo received a DNR
grant in the amount of $225 for the grooming of the cross country ski
trails in Sunfish Park and indicated a resolution should be adopted to
officially acknowledge this grant.
LAKE ELMO CITY COUNCIL MINUTES 11-20-84 PAGE 8
M/S/P Mazzara/Morgan - To adopt Resolution 84-60 acknowledging and
accepting the DNR Grant in the amount of $225 for the grooming of the
cross country ski trails in Sunfish Park. (Motion caried 4-0).
E. Parks Capital Improvement Program
The Council reviewed the Parks Capital Improvement Program as
presented. The Administrator pointed out that the Parks Commission is
not committing themselves to doing everything in the plan. This is
basically a concept plan, and the Commission will be evaluating each
individual item as they come up.
M/S/P Morgan/Fraser - To accept the Parks Commission 5 Year Capital
Improvement Plan as presented. (Motion carried 5-0)
Mazzara suggested switching a couple of things in the plan. He felt
that there would be a need to replace/repair the picnic tables, grills
in Lions Park sooner than 1987 and suggested they be switched with the
proposed playground equipment for Reid Park that is planned for 1985
and 1986.
F. 1985 Water and Sewer Budgets
The Council reviewed the proposed budget for the water and sewer funds
for 1985.
M/S/P Morgan/Dunn - To adopt the 1985 Water and Sewer Budgets amended.
(The net Water Department loss for 1985 is projected to be $2000). /
(Motion carried 5-0).
G. MAMA - Comparable Worth Study
The Administrator referenced a memo from MAMA regarding a Joint
Compensation Study, Consultant Selection and Cities Participation in
the Comparable Worth Study. There are 56 cities jointly participating
in this study at a base cost of $3000 to $3500 per city (subject to a
decrease if more than thirty of the out -state cities join), plus an
additional charge, depending on the number of employees in the city.
(Lake Elmo's additional cost would be approximately $1500). A MAMA
meeting has been scheduled for Tuesday, December 4, 1984 to discuss
this proposal, the costs involved in this joint project, and to get a
committment from cities desiring to participate in this joint study.
Dunn stated that this sounds like a bureaucrats dream -come -true. The
State passes a law and than we as a City have to go out and hire a
consultant to interpret that law. On that basis, Dunn would not
support participation in this joint program. We can do just as well
on our own.
Morgan stated he was less than enthusiastic about this joint program.
He asked the Administrator if we would really have a problem doing
this in-house.
The Administrator stated he thought it could be done in-house, but did;
not know how we would develop our own guidelines. The State has not
yet issued any guidelines.
LAKE ELMO CITY COUNCIL MINUTES 11-20-84 PAGE 9
Consensus of the Council is to participate in the meetings of this
group on a temporary basis (without any financial committment) and
have the Administrator to obtain as much information as possible for
the December 4, 1984 City Council meeting.
The meeting adjourned at 9:15 p.m.
Resolution 84-59 - Revise City Municipal Water Rates
Resolution 84-60 - Acknowledge DNR grant for trail grooming
Ordinance 7964 - Amending High Water Speed Limitations on
Lake Jane
Since we do not have time to discuss every point presented, it may
seem that decisions are preconceived. However, background information
is provided for the City Council on each agenda item in advance from
City Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also
have been discussed at previous Council meetings. If you are aware of
information that hasn't been discussed, please fill out a "Request to
Appear Before the City Council" slip; or, if you came late, raise your
hand to be recognized. Comments that are pertinent are appreciated.
Items requiring excessive time may be continued to another meeting.
AGENDA
LAKE ELMO CITY COUNCIL
NOVEMBER 20, 1984
7:00 p.m. Meetings Convenes
1. Agenda
2. Minutes: November 7, 1984
3. Claims
7:15 p.m. 4. Public Inquiries
5. City Engineer's Report
A. Loetscher/Dickhausen Simple Lot
Subdivision and Lot Size Zoning
Code Variance at 3063 Jamley Avenue.
7:30 p.m. B. Public Hearing regarding Oak Wilt
diseased trees in the Highlands
Trail area.
7:45 P.M. C. Public Hearing for review of City
Water Rates.
________m__.______________BREAK -____________________
D. MSA Designation
E. Other
6. City Council Reports
A. Christmas Party Update (Fraser)
B. Other
(OVER)
7. City Administrator's Report
A. Public Hearing (continued from 11-7-84) for
consideration of Ordinance 7964, amending
the Surface Water Ordinance, in conformance
with R84-44.
B. Date/Time for City Council Castle
Design depositions.
C. Liquor License Renewals
D. DNR Grant
E. Parks Capital Improvement Program
F. 1985 Water and Sewer Budgets
G. Other
Novemuer 15, 1984
TOR CITY COUNCIL
FR: PATRICK D. KLAERS, CITY ADMINISTRATOR
RE: INFORMATIONAL MATERIAL FOR NOVEMBER 20, 1984 COUNCIL MEETING
l" Attached for your information is the most recent CiQ.
NeWilettoc dated November 13, 1984" This issue highlights the City
Election returns and notifies the area residents about public hearings
for the consideration of a water rate increase and for the boating
restrictions"
2. Wish to acknowledge that there has been a formal request
for a recount inAhoAJ#Aygu#alRagg " As you may recall, on November 7
the City Council accepted the local election returns which listed Dave
Morgan as the winner in the Mayor's race by 46 votes over Maynard
Eder. This recount will be taking place on Tuesday, November 20,
1984, in the Washington County Courthouse at 1:30 p.m" I will be able
to provide the Council with a verbal up -date of the results of this
recount during the Council meeting on the evening of November 20"
3" Attached for your ihformation is a notice from the
Commissioner of Health indicating that they have accepted the transfer
of ownership and license of the StC�g���V�ll��~EMG to Lakeview
Memorial Hospital" Lakeview was attempting to obtain approval to
operate a second ambulance service in this area this past summer, but,
this request was rejected by the Department of Health" It now appears
that there will be only one ambulance service in the area, with the
existing service being transferred to Lakeview Hospital for operation"
4" This past summer I was requested to look into the nICking
near the library. There was concern
that the business from the Elmo Inn was occupying the parking spaces
that were supposedly reserved for the patrons of the library" There
are existing signs along Lake Elmo Avenue that indicate 15 minute
parking requirements from 6 a.m. to 6 p.m" The request was to see if
this 15 minute parking limitation could be expanded to 8 p.m.,
The answer to this question is that it definitely can be extended
until 8 p.m., if desired, by the City of Lake Elmo" The Council will
have to approve a resolution requesting the County to change this
parking restriction and replace the signs" The Washington County
Board would then have to approve a resolution authorizing this action.
Since this request came to me this past summer, the Lake Elmo Inn has
expanded its parking area. The Inn now offers parking for its
customers on the east side of Lake Elmo Avenue, whereasv previously
parking was only provided around the Elmo Inn on the west side of Lake
Elmo Avenue, The staff has not received any other requests or
questions regarding this parking issue from any citizens or staff
members at the library,
Informational Memo for November 20 Meeting Page 2� ^ '
,
I personally feel that the second parking area provided by the Elmo
Inn for its customers has eliminated the parking problems along Lake
Elmo Avenue for persons wishing to visit the library. Therefore, I do
/
not belileve that any adjustment in the parking signage needs to take V
place. However, if the Council so desires they may certainly pursue `
this and pass a resolution requesting the County to extend the 15
minute parking restriction"
5^ Attached for your information are two articles on
One article is from the most recent League of
Minnesota Cities magazine and the other article appeared in the
Washington County Bulletin on November 8, 1984, This Washington
County Bulletin article discusses the efforts that the County is
taking in order to achieve Comparable Worth within its work force"
Shortly after the first of the year the staff will be requesting the
Council to form a committee to work on this very important issue"
This committee will be setting the standards and guidelines for
comparable worth of the employees in Lake Elmo and be setting up a
structure for future salary levels for all employees"
6. Wish to inform the City Council that the City is receiving
its typical number of 1gW1QQ that take place as winter approaches"
Most metropolitan cities are constantly being sued by unhappy
citizens, developers, governmental agencies, etc" Recently we have
received a letter from Mr. Friend (distributed at the November 7
meeting) threatening legal action if his problem with erosion is not
solved; a notification from an attorney and a resident in Cimarron
suing the City for poor inspection of a unit in this trailer court /
(which the Building Official has not even visited for over two years); \
a notice that the special assessment on Jamaca Court for the singl*,�
family residential unit that is functioning as a duplex is appealing
their assessment; a lawsuit from the individual that drove off the
edge of the road during the MSA construction project and a suit from
David Alford indicating the Council did not act properly in denying
his request for the construction of a house on his lot which had a
home destroyed by fire in 1982^ These lawsuits are in addition to the
numerous other cases and suits which are on file in the City office
and are being processed through the court system" The City Attorney
is working on all these cases and will be keeping us informed as
things develop"
7.
Attached for your
information is an
article from
the
League of
Minnesota magazine which
discusses the
IISAC~CgMqMQC
We are a
member of this IISAC
group
and
have
been using
the utility billing
program for over
two years
and
will be
adding the
fund accounting and
payroll programs
shortly.
Marilyn
has
attended a
number of classes to
implement these
systems"
S. The staff was requested to provide the Council with
information on the ICMA_R�ti�����t_Cg��g��tig� . Any City employee
is eligible to participate in this deferred compensation plan,
howeverp there are restrictions on the program. Employees can only
put a maximum of 25% of their gross pay into this retirement
corporation for deferred income purposes. Additionally, all the �
income the employee receives must show up on the W-2 tax forms, This �
presents a problem for Council members who wish to participate in the
retirement corporation as they receive such a low amount of pay that
the City does not issue N-2 forms to each individual Council member"
` I formptional Memo for November 20 Meeting P age3 If anybody on the Council desires to participate in the ICMA RC
program, we can certainly start issuing W-2 forms to all Council
members for their yearly pay and have this placed into the coporation
/ through the payroll withholdings. I have some brochures available in
my office if any Council member wishes to review this information"
9" Attached for your information are three
for October, 1984, from the Fire Department, Police Department and
Maintenance Department"
10" HIMMOM_UMAT
A. At the and of the last City Council meeting, Dorothy
Lyons approached the Council to discuss the
that goes through and along their property. After briefly listening
to Dorothy, the Council requested that she provide the staff with
material and get placed on the next agenda" This was requested so
that the staff could provide background information to the Council on
the issue at hand" To date, Dorothy has not approached the staff to
get placed on the agenda and efforts to contact her have not been
successful. I have placed Public Inquiries on the agenda in case
Dororthy decides to make an appearance at this next Coucil meeting" I
did not see the need to request the Washington County Parks Director,,
Jack Perkovichv to attend this meeting as this may only result in the
City listening to two quite opposite and contrary stories" There are
legal issues being decided by the courts between the Hammes' and the
County and the City should not get in the middle of an existing,
difficult situation. The staff feels that this Regional Park entrance
road is an issue in which the Hammes' should deal directly with the
County.
B. M1Q0g~P1CMit The Hammes' mining permit is up for
renewal and is on the December 4 City Council agenda" We have sent
all the material to the Hammes', but, to date, have not received any
information back" (All the Shafer information has been returned and,
from the staffs perspective, is acceptable.) The staff does not
believe that we should "babysit« the individuals applying for CUP
renewals as this is their financial livelihood and the applicants must
accept the burden of submitting adequate information in a timely
manner.
C. GgalEMl : Last year when the mining permit was
renewed for the Hammes' there was an extensive discussion, on the
Councils part, relating to other City Code violations. It was clearly
indicated to the staff that the mining permit renewal should only be
based on the mining operation. There were and there are no code
violations that relate directly to the Hammes mining operation.
However, there are still extensive violations of the City Code
relating to junk vehicles, outside storage and rubbish, structures not
on perm�anent foundations, etc. The staff has been trying to get
compliance with the City Code in these other areas since 1983, but,
have not been successful" We have requested the Hammes` to keep us
informed on their efforts to clean up their enviornment and to comply
with the City Code but no correspondence has been received. Short of
issuing citations and going to court, the staff's hands are virtually
tied in this case" Even if we do issue citations, once an effort
toward compliance is made by the Hammes' then the courts generally
` offer decisions that are favorable to the applicant because of the
apparent effort to comply" The Council should he reminded that many
Twin City residents going to the Regional Park will have their only
exposure to Lake Elmo by driving along the Hammes property" This
property in effect will be ''the window to our community" and we should
Informational Memo for November 20 Meeting Page 4� '^ '
make every effort to present the best possible picture to these
outside citizens"
11 Attached for your information is the 1985 AMM Pgli�� /
" ~ � --- Y
StateMent . This 62 page document is only being provided to the City
Council because of its extensive length" There is a copy on file in
the City office for review by any other individual that desires to do
so"
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