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HomeMy WebLinkAbout12-04-84 CCMLAKE ELMO CITY COUNCIL MINUTE DECEMBER 4, 1984 �rf i The meeting was called to order by Mayor Eder at 7:00 p.m. in the City"' Council chambers. Present: Dunn, Fraser, Mazzara, Morgan, Administrator Klaers, Engineer Bohrer, Building Official McNamara. 1. Agenda M/S/P Fraser/Mazzara - To approve the agenda as amended: Add 4A - Public Inquiries: Arlyn Christ on behalf of the Jaycees; 4B - Bruce Kuettner with questions to the Fire Chief; 8A - Fraser; 8B - Eder on Cable Commission. (Motion carried 5-0). 2. Minutes: November 20, 1984 M/S/P Morgan/Mazzara - To approve the minutes of the November 20, 1984 City Council meeting as amended. (Motion carried 5-0). 3. Claims M/ Dunn/ - To approve the claims list excluding 85552 I.C.M.A. 1985 dues for Pat Klaers. (Motion failed for lack of a second). Dunn stated he would like this item brought up after the first of the Year before the new Council. He suggested the Council take a look at the merits of these organizations that we belong to. Eder pointed out that this membership is part of the Administrator's contract, and is something that should be addressed at the time the contract is renegotiated. M/S/P Fraser/Mazzara - To approve claims 85536 thru 85583 as presented. (Motion carried 5-0). Fraser stated that the organizations the City has had memberships in have been looked at. The City benefits greatly by having the staff (and in other instances, Council members) participate in and learn from these various organizations. It is money well spent, and in this particular case is part of the Administrator's contract which the Council has agreed to. Mazzara stated he has no problem with objectively looking at any of the programs that we have, but the proper time to deal with this particular program is when the contract is negotiated. 4. Public Inquiries As Arlyn Christ had asked to appear before the Council, but could not meet the 7:15 p.m. schedule, the following action was taken. M/S/P Fraser/Mazzara - To table Public Inquiries until Arlyn Christ is present. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 2 5. Fire Chief - Fran Pott A. 1985 Fire Department Officers B. Fire Department Bylaw Amendments The Fire Chief advised the Council that at the Annual Fire Department's Meeting held in November, the following officers were elected: Chief, Fran Pott; Assistant Chief, Dick Sachs; Captains, Jim Bjorkman, Bill Eder, Rick Keller, Jim Sachs; Station Captain, Jim Beers. The Fire Chief noted that the term of these offices is normally for one year. However, depending upon what happens with the proposed bylaw changes, they will either remain at one year terms, or possibly the Assistant Chief and two of the Captains will be two year terms. The changes in content of the Fire Department's bylaws consist basically of setting the number of captains at one captain for every five members of the department; and elections would generally be two years with staggered terms, so that the entire group of officers would not be changed in any one given year. These bylaw changes are being reviewed by the Bylaw Committee, and should be before the City Council on December 18th for approval. M/S/P Morgan/Mazzara - To approve the 1985 Fire Department officials elected at the annual fire department meeting: Chief: Fran Pott; Assistant Chief, Dick Sachs; Captains, Jim Bjorkman, Bill Eder, Rick Keller, Jim Sachs, Station Captain, Jim Beers. (Motion carried 5-0) Fraser stated that the former fire chief resigned from the department in a letter received by the City Council. The City Council has to approve all new fire department members and resignations. Now that we are asked to approve these new officers, we should also address the former fire chiefs resignation. Pott stated that normally a resignation is directed to the fire department. In this particular case, it was directed to the Council, so the fire department didn't take any action. Fraser stated that since the regulation is in the City Code, a person wouldn't legally resign until the Council acted on the resignation. It would also seem to follow that that person's rights to retirement would still be in effect. Also, a Council should want to look very carefully at an action that would cut-off a long term members rights to retirement. Accepting this resignation could be done with a simple motion, but it is something that should be considered carefully before making a decision. This subject will be brought back to the Council on December 18th, 1984 with all pertinent information. LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 3 C. 1985 Grass Rig Capital Outlay Pott indicated that the Fire Department is ready to move forward with the grass rig that has been in the capital plan for some time. The grass rig would replace the existing 1963 Scout that is now being used for grass fires. The new rig would be a one ton, four wheel drive pickup with a pump, tank and hose as a separate unit in the bed of the truck. The tank would hold approximately 200 gallons of water as opposed to the 100 gallon tank that is on the Scout. Pott feels that the appropriate way to buy this grass rig is in two parts. The pickup with radio, lights, siren; and then the slide -in unit for the bed of the truck. The Fire Department is proposing to put the specs together for review by the City Engineer and City Administrator. Bids would then be requested for the truck, and immediately after that, proceed with the slide -in unit. Pott sugggested that the Fire Department keep the Scout for one year because he is unsure of the Capital Improvement Plan for the Fire Department. The Fire Department's CIP will be reviewed with the Council's Capital Improvement Committee shortly after the first of the year. The lights, radio, siren and tank on the Scout may have some value, but estimates the value of the Scout to be $500 to $600. $20,000 is in the Capital Improvement Plan for this purchase and Pott estimates the actual cost will be approximately $17,500. Bruce Kuettner, 9130 Jamaca Court North stated that plans in the CIP was for a tanker, not a grass rig. He also asked what the need is in Lake Elmo for new equipmnet, specifically a grass rig. How much will it be used, and is the old truck that dilapidated that it can't be used? The City just spent $1000 for new tires, painting, etc., for the Scout. Pott stated that good money has been spent on maintenance, but this is done with all of the vehicles. We are in a situation where we have several old vehicles, and we have to come up with some kind of a plan to upgrade the fleet. There have been two plans - one showing the tanker being purchased first, and the other showing the grass rig being purchased first. It is the feeling of the Fire Department that the grass rig would be most useful. Besides being used for grass fires (and it is the only unit that the Fire Department can get off the road with), it is also used as a utility vehicle. Kuettner stated he has a hard time seeing the relative put down of the old Scout when it is only used along the railroad tracks. If you start getting into the bigger vehicles, you will become less effective. To his recollection, the Scout was only used three or four times a year for fires, and it does a good job along the railroad tracks. Morgan stated that because a great deal of the land in Lake Elmo is rural, and with the parks where you cannot get in without a four wheel drive, the need for a reliable off the road vehicle is obviously greater than the need for an on the road vehicle. LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 4 Kuettner stated that with the proposed grass rig, you will be weighing down the truck with 250 gallons of water (at 8.3 pounds per gallon) versus ninety gallons on the Scout. M/S/P Morgan/Dunn - To instruct the Fire Chief to proceed with preparing the plans and specifications for the proposed grass rig which will then be reviewed by the City Administrator and City Engineer and brought back before the City Council for review. (Motion carried.-5-0). Fraser stated that she would like to make some comments and recommendations to the Fire Chief and Fire Department, the incoming City Council and makes this statement because of changed circumstances, and in no way is she looking at any individuals one way or another...... Many changes have occured in the Fire Department in the twenty-five years since the department was started. Many new homes have been built, the population has increased, large concentrations of people now live at a considerabe distance from the fire station and some of them may live closer to fire stations outside of the City. Many of the calls that are now being made are first response and emergency - over and above the fire calls. Also, the number of fire fighters has been low in the past year, and this is in spite of recruiting efforts. It seems that all of these things raise the question of the current adequacy of the system that we have in place. She recommended that a major, serious detailed study of our fire protection and emergency service be made, and that appropriate steps then be taken as a result of that study. She would like to see a "citizens commission" a number of people representing different aspects of the community in terms of geography, interests, etc., make,. - this study. �_' 6. City Engineer's Report A. Crombie Simple Lot Subdivision at 8120 DeMontreville Trail North. The Council reviewed the recommendation from the Planning Commission, the revised certificte of survey which shows the location of the house on parcel A and the well and septic system, as requested by the City Engineer. The Engineer stated that he has reviewed the placement of the well and septic system on parcel A, and neither the well or septic system will place any restrictions on what is done on parcel Bl. M/S/P Morgan/Mazzara - To adopt resolution 84-61 approving the Crombie simple lot subdivision at 8120 DeMontreville Trail North as recommended by the Planning Commission contingent upon the applicant complying with the recommendations of the City Engineer as outlined in his memo of November 27, 1984. (Motion carried 5-0). B. Ordinance 7960: Nominal 10 acre subdivisions The Administrator advised the Council that a public hearing was held by the Planning Commission on this proposed ordinance on November 26, LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 5 1984. There were no residents present at the public hearing to offer comments for or against this proposed ordinance. The Engineer stated that item #6 of the proposed ordinance which reads "Nominal ten acre parcels -- a ten acre parcel not reduced by more than ten percent (10%) due to road right-of-way and survey variations" would not be applicable for corner lots. A 10 acre parcel including road right-of-way to the center of the road, and on a corner would not qualify for this "not more than 10% reduction" and quesioned if this was the intent of the Council. M/S/P Mazzara/Morgan - To adopt ordinance 7960 amending the Lake Elmo Municipal Code (page 301-32) to include " Nominal ten acre parcels -- a ten acre parcel not reduced by more than ten percent (10%),,and/or a ten acre parcel located on a corner or abutting a street on two sides not reduced by more than fifteen percent (15%) due to road rights -of -way and section survey variations", as recommended by the Planning Commisi,on on 11-26-84. (Motion carried 5-0). C. Letter from Mr. Lawrence Kleis Mr. Kleis stated that he recently discovered that part of his existing driveway is on Alvin Schaeffer's propoerty. He proposes to purchase a strip of property from Mr. Schaeffer to insure access to his property. Mr. Kleis also asked that the $50 fee normally required, and the requirements for a simple lot subdivision be waived. M/S/P Dunn/Morgan - To adopt resolution 84-62 granting a simple lot ( subdivision to Alvin Schaefer which would permit Lawrence Kleis the option to purchase a tract of land described in the Land Description For Deed From Alvin Schaefer to Lawrence Kleis as prepared by Bruce A. Folz & Associates providing permanent legal access to Mr. Kleis's property; and that the City waive any and all fees and, requirements which would relate to this simple lot subdivision. (Motion carried 5-0)• D. MSA - Set date for public hearing for vacation of right-of-way. The City Engineer advised the Council that a public hearing is required to vacate those portions of the existing 45th Street, Julep Avenue, and 47th Street rights -of -way that are no longer required due to the new roadway alignment. M/S/P Morgan/Fraser - To adopt resolution 84-63 calling a public hearing on December 18, 1984 for the vacation of those portions of the rights -of -way for 45th Street, Julep Avenue and 47th Street between Jane Road and Keats Avenue which are no longer needed because of the new roadway alignment. E. 201 Update The Engineer stated that at the last Council meeting, the anticipated increase costs for the 201 project, both for the construction and the engineering was reviewed. At that time, it was pointed out that in LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 6 the past the State and Federal grants had been extended in the same percentages to cover those increased costs. Usually that amendment to our grant does not take place until after the bids are received; however, because we have to bond for our interim financing and do other financial planning, he has asked the MPCA for a preliminary determination as to whether the grant would be extended to cover the increased costs. The MPCA has verbally given approval to the City Administrator that the grant will be amended. The Engineer further reviewed his letter of November 29, 1984 in which he addresses the Step 2 Engineering Costs for the 201 Program. Work for the Step 2 portion of the 201 program is essentially complete. The only work remaining will be to incorporate any of the MPCA's suggestions into the plans and specifications based upon their review. In October of 1983, TKDA and the City of Lake Elmo entered into an agreement to provide engineering services for Step 2 work. This agreement set $103,000 as the maximum cost for the work, subject to certain adjustments. Based upon the construction cost of $360,000 estimated in the Facilities Plan, the grant allowance the City would receive for Step 2 work was $22,600. This would leave a cost to the City for Step 2 work at $80,400 ($103,000 - $22,600). It appears that the actual cost of completing the Step 2 work with no increase in fixed fee will be approximately $152,000. Since the construction cost is now estimated to be approximately $1,404,000, the Engineer expects that the grant will be amended at the( i time of bid opening so that the Step 2 allowance that the City will receive will be approximately $82,150; therefore, the cost to the City for Step 2 will be substantially less. The engineering agreement provides that the terms of the original agreement may be changed by consent of both parties if the level of work effort required or the cost of the project changes significantly. Since the City's cost is expected to decrease because of the increased allowance and since the additional engineering expense is directly related to the increased project cost, the engineer stated that it seems fair to ask that TKDA be reimbursed for its additional expenses out of the additional grant allowance. The Engineer asked that the City Council move to amend the engineering agreement at this time but that no additional costs be paid until such later time when the bids are received and the grant is amended to adjust the Step 2 allowance. This amendment to the engineering agreement would allow the engineer to be reimbursed for its additional cost up to a maximum such that the local share of Step 2 costs (Step 2 costs less grant allowance) does not exceed the originally estimated local share of $80,400. Morgan/Fraser - To amend the the agreement for engineering services between the City of Lake Elmo and the firm of Toltz, King, Duvall, Anderson & Associates, Incorporated for performance of Step 2 LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 7 engineering services related to the proposed wastewater facilities improvements entered into the 18th day of October, 1983 as outlined in Amendment No. 4, realizing that no additional costs will be paid to TKDA until the grant is officially amended. (Motion carried 5-0). F. Other (None) 4. Public Inquiries (continued) Arlyn Christ advised the City Council that the Jaycees plan to have a cross country ski race on January 19, 1985 starting at the Lake Elmo school and going across the Shiltgen property to Sunfish Park. The race will be sponsored by the Lake Elmo Jaycees, plus additional corporate sponsors. The race will take approximately two hours for everyone to complete. It will be promoted and advertised through local ski shops and businesses. Fraser stated that the effect of this ski race would be to attract a number of additional skiers to Lake Elmo and acquaint them with Sunfish Park. Do we want to do that? Do we want to set the stage for increased useage of Sunfish Park by cross country skiers from outside of this community? Christ stated that when federal grant money is involved, it is very difficult to prohibit this. Fraser stated that there is a big difference between a requirement that it can't be prohibited by federal grant money and a race that is geared to attract outsiders. Dunn asked why we wouldn't want outsiders to know about Sunifish Park. Lake Elmo residents certainly have used cross country trails outside of Lake Elmo. Fraser responded that the level of government that pays for a facility should be consistant with the level that uses the facility. Christ stated that this past fall, the North Star Ski Club (with a membership of approximately 1000) was in Sunfish Park two entire weekends brushing and grooming the park. Morgan stated that the Jaycees have certainly been the biggest contributor to the City Parks outside of the City itself, and being a frequent and avid cross country skier, he has seen the use of Sunfish Park go down very substantially in the last four years, mainly because of the County Park at Pine Point, the State Park at Afton, and all of the communities that are opening up parks. The Administrator stated that the staff polled the Parks Commission members on this proposed race, and none of the eight Commissioner's contacted had any objection to this request. Christ stated that someone will be stationed at the entrance to Sunfish Park advising skiers of the race. t LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 8 M/S/P Morgan/Mazzara - To approve a cross country ski race being sponsored by the Jaycees on January 19, 1985 which will start at Lake Elmo Elementary School and end at Sunfish Park. (Motion carried 5-0). Notice of this race will be published in the City Newsletter. 7. Building Official's Report A. 1985 Conditional Use Permit Renewals The Council reviewed the memo from the Building Official in which he notes that none of the permits have any changes from 1984. He has made the required inspection of the mining operations and they are in compliance with the City ordinance. He further noted that during the past year there have been no complaints received on any of these CUP's, and recommended approval of all the applications before the Council. M/S/P Morgan/Dunn - To accept the Building Official's recommendation and adopt Resolutions 84-64 thru.84-76 granting Conditional Use Permits for 1985 to: Goods Inc., Fisher Kennel, Breheim Shetland Sheepdogs, Animal Inn, Vali-Hi Drive-in, Oakdale Gun Club, Cimarron Golf Course, Bergmann Berry Farm, Lauseng Stone, Green Acres Recreational Center, Oakwood Animal Hospital, Shafer Contracting Co., and Hammes Mining. John Anderson, representing the Animal Inn, appeared before the Council to explain a proposed change in the existing CUP which would allow for the construcion of a building. The building would. be 8000 / square feet, and would be located across the parking lot from the main` kennel. Along with this addition would be a larger parking facility (to accomodate sixty more cars). The concensus of the Council is for Mr. Anderson to make application to amend his present CUP which would state specifically what he intends to do and would include plans, sketches, etc. This information will then be brought before the Council for review. B. 1985 Building Official's Contract The Council reviewed the Building Official's contract and the proposed changes that the Building Official requests. The Building Official has asked for a change in his Fringe Benefits (that the City pay for dependent coverage); Professional and Development (to include in the contract allowing yearly attendance at the National ICBO Annual Business Meeting); and Vehicle Useage (regarding the purchase of an automobile versus reimbursement for mileage). It was acknowledged that the Council has already given approval for the Building Official to attend the 1985 National ICBO Annual Business Meeting (which will be held in Bloomington, Minnesota). Eder suggested that the Building Official attend the 1985 conference and report back to the Council the merits and benefits for attending future conferences, before making it a permanent part of the contract LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 9 Dunn stated he would like to know how the City of Lake Elmo will benefit from this, and would like to hear more about the conference before it is made a permanent part of the Building Official's contract. Fraser stated that she would like to see this included in the contract, so if the decision is made in the future to delete it from the Building Official's contract, the reasons will be clear. In a small town, such as Lake Elmo, where there is only one person on a job as opposed to having several people within a classification where there is some interchange of professional expertise, it is especially important to provide an opportunity to meet and talk with ones colleagues in order to keep abreast of the field, particularly with rapidly changing times. Mazzara concurrs with Dunn in that the Building Official's attendance has already been approved for 1985, and before making this a permanent part of the contract, the Builing Official should sell the Council on the merits of attending this conference annually. Morgan stated he is involved with a lot of professional people and encourages people to attend conferences such as this. However, it is not part of their salary - those wishing to attend something like this have to come in and ask permission each year, and must make a report and show that it has done some good. He is not opposed to the Building Official attending these conferences, but feels it is something that should be negotiated each year. Morgan further stated in regard to the request for an increase in Fringe Benefits, that the Building Official's benefits should be comparable to the other employees in the City. Also, he is not sold on purchasing a car. There are a lot of questions - maintenance, insurance, etc., that have to be addressed. However, he is in favor of what is the most economical and in the best interest of the City. Mazzara suggested a cost analysis be made before deciding whether or not to purchase a car. M/S/P Morgan/Mazzara - To approve the contract for the Building Official for 1985 with fringe benefits consistant with other. City employees; allowing attendance at the 1985 ICBO Annual Business Meeting, (with future attendance contingent upon review and Council approval); and mileage paid at the rate of twenty-eight cents per mile (acknowledging that the Council will review the possibility of leasing or buying a vehicle when a cost analysis is prepared). (Motion carried 5-0). C. Other (None) LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 10 City Council Reports A. Fraser Fraser stated that for most of the four years she has been on the Cit Council, she has been involved in the personnel committee. To her knowledge, the City does not have a structured, standardized, formal method which the Administrator uses in evaluating the employees, and feels it would be well for that to be addressed. Along the same lines, the Council has never set forth a system for evaluating the Administrator and thinks that in this day and age that is the sort of thing that any company ought to have and thinks it would be well if we do that. With regards to the Administrator, we ought to address more specifically what jobs to expect the Administrator to do directly, what jobs do we see delegated, what is appropriate sort of response to Council requests, so that all the Council members know and the Administrator knows whats what and how it will be evaluated. Eder stated this proposal has a good aspect of making sure everyone knows just what the role and responsibilities of the Administrator are. This would help evaluate the policies that govern the responsibilites that the Administrator has. It would be beneficial to both the Administrator and the Council - to make a fair evaluation and know what is expected of one versus the other. B. Eder - Cable Commission Group W bid to put in cable television in all of the communities that were part of the Joint Powers Agreement, and they set the date (January 15, 1985) to have this all done, despite the fact that the c Joint Powers Commission thought it might take three years. When Group W wanted to renegotiate the contract earlier this year, they brought up the subject that they will be late, and that was not allowed to be part of that negotiation. As a result, they have a request before the Commission to extend that January 15, 1985 date until November 15, 1985. A recommendation will probably be made to the full Joint Powers Group by the Executive Committee to continue the process of evaluating that continuation. That always holds open the possibility that they can be fined, and the agreement allows for a fine of up to $400 a day for every day they are late after January 15, 1985. It probably won't be a reality, but something negotiated. Most of Lake Elmo will be wired in 1985, the latter part of the completion of the system. Not all areas in Lake Elmo will be provided cable because there are some sparsely populated areas. They are having some problems with Cimarron. The owners of Cimarron don't want them to go into Cimarron, except if they pay them a fee, so there may be a little hassle. Cimarron owners want to bring in their own cable, but are not permitted by law to do this. The Council may want to look at the development agreement to see if things beyond NSP and Northwestern Bell are authorized under the original development agreement, as there may be citizens before the Council putting some pressure to find an answer to the problem. The problem may be unique to Cimarron because in multiple dwellings, they do have to go to the owners and get permission, and the State allows that to be a negotiable item. LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 11 9. City Administrator's Report A. 1985 Liquor License Renewals All of the applicants have submitted their applications to renew their existing licenses. The City has not experienced any problem with these establishments selling liquor or non -intoxicating malt liquor this past year. The required bonding and insurance forms have been submitted, the fees have been paid and the required record check has been done by the Washington County Sheriff. All inforation is ready to be forwarded to the State Liquor Commission upon approval of the City Council. M/S/P Morgan/Fraser - To approve the following liquor licenses for 1985: VFW Post 5725 - On -Sale and Special Sunday Event License for November 3, 10, and 17 in 1985; Twin Point Tavern - On -Sale, Off -Sale and Sunday; Lake Elmo Inn - On -Sale, Off -Sale and Sunday; Tartan Park - On -Sale and On -Sale Sunday; and to approve the following non -intoxicating malt liquor licenses for 1985: Brooks Superette - Off -Sale; Cimarron Park - On -Sale. (Motion carried 5-0) B. 1984/85 Park Shelter Workers and ice skating schedule. M/S/P Morgan/Dunn - To hire Shelly Weeks as the 1985 Park Shelter Supervisor at $3.75 per hour, and to hire Sarah Wacker, Bob Bugbee and Mike Horning as 1985 Park Shelter Workers at $3.35 per hour. (Motion carried 5-0). The consensus of the Council is to accept the recommendation of the Parks Commission and staff which is that Sundays from 12:00 p.m. to 6:00 p.m. be reserved strictly for open skating and that no hockey, hockey sticks or hockey pucks be allowed on the rink during this time frame. C. Date for first meeting in January, 1985 The first scheduled City Council meeting in January, 1985 falls on a legal holiday (January 1) and the Council rescheduled January's meetings as follows: M/S/P Morgan/Mazzara - To hold the January, 1985 City Council meetings on the second and fourth Tuesday's (January 8th and 22nd) and revert back to the regularly scheduled first and third Tuesday's thereafter. (Motion carried 5-0). D. Other The Administrator advised the Council that the person he was going to interview for the part-time minute taking position withdrew her application. He asked permission to advertise this position in the Washington County Review. Consensus of the Council is to advertise in the Washingtion County Review to fill this position. The meeting adjourned at 9:15 p.m. LAKE ELMO CITY COUNCIL MINUTES 12-4-84 PAGE 12 Resolution 84-61 Crombie Simple Lot Subdivision Resolution 84-62 Schaefer Simple Lot Subdivision Resolution 84-63 1984 MSA public hearing Resolution 84-64 thru 84-76 - 1985 CUP'S Ordinance 7960 - Nominal 10 acre subdivisions 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 DECEMBER 4, 1984 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes: November 20, 1984 3. Claims 7:15 P.M. 4. Public Inquiries 5. Fire Chief - Fran Pott: A. 1985 Fire Department Officers B. Relief Association By -Laws Amendments C. 1985 Grass Rig Capital Outlay Discussion - specifications and time frame 6. City Engineer's Report A. Crombie Simple Lot Subdivision at 8120 DeMontreville Trail North B. Ordinance 7960: Nominal 10 acre subdivisions C. Letter from Mr. Laurance Kleis D. MSA - Set date for public hearing for vacation of right-of-way E. 201 Update F. Other ------- BREAK ------------------------- (OVER) 7. Building Official's Report A. 1985 Conditional Use Permit renewals B. 1985 Building Official's Contract C. Other 8. City Council Reports 9. City Administrator's Report A. 1985 Liquor License renewals B. 1984/85 Park Shelter Workers and ice skating schedule. C. Date for first meeting in January, 1985 D. Other November 30, 1984 To: Lake Elmo City Council From: Patrick D. Klaers, City Administrator T� Re: Informational Material for December 4, 1984 Council Meeting 1. Attached for your information is the most recent City Newsletter dated 11-27-84. This newsletter edition highlights articles on the 201 Program, the Christmas lights and the water rate increase and includes a notice for Commission applications. 2. I have been advised by the City Engineer, Larry Bohrer, that the contractors for the MSA project have returned to the site and completed the necessary clean-up work, including work to eliminate the problem indicated by Mr. Friend in his October 16 letter which was previously distributed to the Council. All parties hope that the work that was completed will eliminate the erosion problems discussed by Mr. Friend; but, the real test to see if this problem has been eliminated will come in the spring when the snow turns to rain. 3• Attached for your information is an article from the Minnesota Fire Chief magazine of December, 1984. This article discusses the efforts of Washington County and the Lake Elmo Fire Department to provide dry hydrants in the Regional Park to assist in the fire protection of the area. This is just one more example of City/County cooperation between Lake Elmo and Washington County. 4. At a Council meeting in October, the City was authorized to obtain some tax forfeit land in the Lake Demontreville area and in Section 32. The City was under the impression that this land would be free. The land in the Demontreville area was desired by the City as a site for a cluster d.rainfield in coordination with the 201 sewer improvement project. I have been informed by the County that there are some back taxes due which amount to less than $140 on the parcel of land in the Lake Demontreville area because of the VBWD 1005 project. I will be sending a letter to VBWD asking that they waive these back taxes and future taxes on this parcel for the 1005 project. But, even if they do not waive these back taxes, this land is still desired by the City and well worth the less than $140 price for back taxes. Unless I hear otherwise from the City Coucil I will be informing the County that the City of Lake Elmo still intends to obtain this land and will be either paying the back taxes or else obtaining a waiver for this payment from VBWD. 5. Agent of Record and Insurance Bids Attached for your ( information is a letter from the Zignego Insurance Agency explaining the Agent of Record designation. On the backside of the letter is the list of the companies Zignego Agency works with. As the letter indicates, Zignego is formally requesting that we designate their agency as our agent of record for the eight companies listed. Informational Material for 1-4-84 City Council Meeting Page 2 Zignego Agency is currently our agent of record only for Cigna Companies and for the League of Minnesota Cities. An insurance company will not give out a bid on a insurance specifications to any company unless they are designated our agent of record. Zignego Agency is requesting that the City designate them our agent of record for all their companies in an effort to see if better rates are possibly available. Neither Zignego Agency or the staff feels that better rates are likely to happen as the bids for our insurance policy were taken a number of years ago and Cigna was substantially lower than any other company. Cigna, which covers our general liablili.ty, has proven to have the best rates and our good history with this company has provided us with better rates as time has gone on. The Agent of Record designation does not in any way affect the rate provided to the City or a profit for the Agent of Record representing that company. All insurance companies will give the same bid regardless who the agent of record is; but, the companies will only give the bid to the designated Agent of Record. We should give our local business the opportunity to represent the companies which they work with. The City has had excellent rates, a good work history and good service from Zignego and feels that that they should be allowed to at least explore the possibility of getting lower rates in the future. The staff, considering our history and the previous bids that were received, sees no need to go out for revised bids this upcoming year. If the City Council desires further explanation of the Agent of Record or the need to solicit insurance bids, I should be notified and then this can be placed on a future agenda, either on December 18 or in January, 1985. Unless I hear otherwise from the City Council, I will sign the attached letter designating Zignego Agency, Inc. as the City's Agent of Record not only for Cigna Companies and the League of Minnesota Cities, but also for the other six insurance companies that work with the Zignego Agency. 6. At the November 7, 1984, City Council meeting, the Council required the posting of a $300 bond to cover the expenses of a recount, if one was requested. Mayor Eder requested a recount and posted this bond. The recount was held on Tuesday, November 20, 1984. The total charges for this recount amounted to $73.20. The staff feels that it is proper to return the $300 bond to Maynard and obtain a check of $73.20 from him for the recount costs. The staff will proceed with this unless I hear otherwise at the 12-4-84 meeting. 7. Attached for your information is page 4 and 5 from the November 15, 1984 Washington County Park and Open Space meeting . This attachment discusses the Lake Elmo Park Reserve and its recent and future activities. These comments should provide the Council with an up-to-date summary of what has taken place and will be taking place in the Regional Park. As you can ascertain from the narrative on the park entrance road, the County has experienced some difficulties with the Hammes' on this project. Dorothy Lyons has attempted to discuss with the City Council at its last two meetings the regional park entrance road from loth Street to I-94. The discussion of the entrance road in the attached 11-15 minutes relates to the road from loth St. north. In an effort Informational Material for 12-4-84 City Council Meeting Page 3 to get a clear understanding of what is planned south of loth Street, the staff has invited Washington County to make a presentation to the City Council at its 12-18 meeting. Washington County Engineer, Dick Herold, and the new Public Works Director, Don Wisniewski, will be present at this 12-•18 meeting at 8:00 p.m. A notice will be sent to Dorothy Lyons requesting her attendance at this meeting. Hopefully, this will eliminate the City Council getting caught in a dispute between the Hammes' and the County. 8. Every year the League of Minnesota Cities offers a conference for newly elected officials to help orientate them to their new postiois. Attached foryour information is a flyer discussing the 1985 planned workshop which is scheduled to take place on Saturday, February 9, 1985, from 9:00 a.m. to 4:00 p.m. in the Holiday Inn in Bloomington. This is a very good workshop offered by the League of Cities and the staff strongly recommends that all new Council members attend this workshop. It would also be a very good refresher for all of our current Council members. The $40 registration cost is well worth the price of this introduction to the responsibilities of elected officials for the entire Council. The 1985 Mayor and City Council budget catagory includes $500 for conferences and schools so funds are definitely available for this conference. 9. In October, the staff was requested to advertise for an individual to assist the City in taking minutes for the Planning Commission meetings . This was requested by the Council in an effort to obtain these minutes in a more timely fashion. The staff will be interviewing Sharyn Coleman on Monday, December 3 for this minute taking position. Sharyn has been a temporary secretarial/general office/typist worker for Jean Thorne Temporary Services since 1980. She is requesting approximately $6.00 per hour for her services. A recommendation on this position will be presented to the City Council at its 12-18-84 meeting. 10. Attached for your information is the signed temporary slope and construction easement from Castle Design . This easement will allow the City to construct the drainage mprovements on its lots from April 15 to May 15, 1985. This construction easement and drainage work is completely seperate from the pending lawsuit and depositions that are being requested from the City Council. A seperate memo has been sent to the Council indicating that the date of the depositions has been requested to be changed to 12-18-84 instead of the planned 12-4-84. Again, if any Council member has a difficulty attending the •.r executive session at 5:00 p.m. on 12-18 or the depositions beginning at 5:30 p.m. on 12-18, please notify me as soon as possible. 11. Comparable Worth Attached for your information is a handout from the MAMA organization on Comparable Worth. This handout gives a very good explanation of what is being proposed by the MAMA organization to comply with the Comparable Worth State law. You should note that they anticipate that the charges to a City the size of Lake Elmo to be lower than what I indicated at the last City Council meeting. Also, an excellent explanation of the methodology of how the "worth" of one employee will be compared to another is provided. Informational Material for 12-4-84 City Council Meeting Page 4 This State law may be "a bureaucratic heaven" to some, but the fact of the matter is that we as a City cannot ignore a State law. This situation is not unusual where the State or Federal government mandates a program to be implemented by a City, but, does not supply funds for implementing such a program. This is a fact of life and something that we cannot get around. The MAMA proposal is the best that I have seen offered and I feel it will be the best solution to achieving an equitable comparable worth program in Lake Elmo. It will be a professional and objective study that will be personali.lzed to the needs of Lake Elmo. This study would keep the City's pay structure in line with the neighboring cities. As you may recall, there are over 56 cities already participating in this program and others may join. I don't think that all 56 cities can be completely wrong about joining in such a study. Most agencies that have to implement a comparable worth program are hiring consultants to do their studies. This includes Washington County, the State of Minnesota and school districts in the area. Like agencies often combine their efforts to achieve aheconomy of scale in complying with these types of State laws. We can follow the State guidelines for comparable worth when they are completed; but, the State positions do not adequately relate to City positions especially for a city the size of Lake Elmo. This is the largest benefit of joining the MAMA study in that our generalist type workers can get evaluated by the task that they complete. We do not have the luxury of having a worker specialize in park duties or snow plowing duties or street repair duites or typing duties or filing duties. We have employees that are generalists and can do a wide range of activites. The method of determining the relative worth of one employee or task to the City versus a completely different employee or task is the key element in thelaw and the major problem for doing a comparable worth study in-house without professional, objective consultation. If need be, we can do a comparable worth study in-house, but this will open us up to criticism from the employees affected and the public. The question would be "who does the comparable worth study and who sets up the standards". Would the City Council do the comparable worth study or would the Council authorize me to do such a study? No matter who in-house would do the study it could be perceived as being a subjective interpretation of what is being accomplished by the workers in the City. The idea of hiring consultants to do this comparable worth study is to obtain objectivity in determining what each employees tasks are worth to the City. If it is not possible to go with the recommended MAMA program, then we will obviously do the best we can in-house. I am not sure when a final decision is going to be required by the MAMA organization to determine who all is going to be included in the study, but, I will be attending the 12-4-84 MAMA meeting and keep you informed as developments take place. 12. Attached for your information is some correspondence received from Washington County and the Minnesota Department of Transportation relating to the speed zones on CSAH 17 . The City had requested that a study be done to determine if some of these zones need to be reduced in certain areas. As the letter indicates a study was completed and Informational Material for 12-4-84 City Council Meeting Page 5 it was determined by the State that these zones are appropriate without any changes. 13. Attached for your information is a public hearing notice fron the City of Oakdale relating to a minor subdivision request at the northeast quadrant of I-94 and Highway 5. This quadrant is directly west of the City of Lake Elmo and may be of interest to the City Council. This notice is posted on the bulletin board in the entryway. 14. "Better late than never",,,The City has been informed by the Washington County Sheriff's Department that Mr. Bill Marty (actually his son) has been issued a ticket for operating a sewer pumping service within the City of Lake Elmo without a sewer pumpers license. Mr. Marty will now either plead guilty, obtain a license and pay a fine, or will plead not guilty and go through the court process.