HomeMy WebLinkAbout01-22-85 CCM�
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The meeting
was called to order by Mayor
Morgan
at 7202 p"m^ in the
City
Council
Chambers " Present: Armstrong,
Christ,
Mazzara and Dunn"
Also
present
Administrator Klaers and Engineer
Bohrer.
1^ AGENDA --
Additions - 3"2 Non -intoxicating malt liquor license for Lions
Club for Lake Elmo Fishing Contetst
Authorization for repair of grader
Update on watermain break
M/S/P Christ/Dunn - to approve the agenda as amended. Motion carried
2. MINUTES ~
M/S/P Dunn/Christ - to approve the minutes of the January 8, 1985 City
Council Meeting as written " Motion carried 5^0.
3. CLAIMS -
M/S/P Mazzara/Dunn to approve claims 85700 thru 85756" Motion carried
\
Q
*" PRESENTATION BY PAT WEBER FROM SENATOR RUDY BOSCHWITZ'S OFFICE ~
Ms, Weber introduced herself as Senator Roschwitz`s field representative.
She tours the State and meets with local government units and
organizations to explain federal programs and inquire about local
concerns. Public input is then taken hack to the Senator for his review,
Ms. Weber briefly spoke on government and farming; revenue sharing and th
federal budget,
The Council stated the following issues are of importance to Lake Elmo:
landfills; ground water contamination from landfills; more intense
recycling and RDF studies; better surface water management with more
attention given to water conservation rather than the current philosophy
of draining everything to the river; more research for alternative energ
sources, especially in Minnesota; providing funds for mandated state and
regional programss less federal control and more local control - whenever -
possible mandated programs should be handled at the lowest possible
government level; federal monies to state, county and local governments
that encourages spending (eg, fund availability for tennis courts that ma
not really be necessary, but since funding is available the money is
accepted and spent); continued availabililty of revenue sharing funds `
cities have come to depend on this as a source of operating expense rathe
than its initial intended use for capital improvements.
Administrator Klaers will draft a letter to Senator Bosc|witz outlining
the concerns presented by the City Council.
CITY COUNCIL MINUTES OF JANUARY 22, 1W5 PAGE 7
5" JIM FURE" DEPUTY ~ ATV REG2!-ATIONS
Deputy Fure outlined ths State regulations for snowmobiles and ATV,s"
Both thc City's Snowmobile Ordinance and the State Low
refer to receatiional vehicles which are snowmobiles and all -terrain
vehicles. Fure explained the new laws which prohibit ATV`s on snowmobile
trails, on or in ditch banks, on City, County or State roadways (if a unit
is equiped like a motorcycle with windshield, bumpers, head/tail lights�,
etc" it can be used on a roadway), in City and County parks or on private
property unless the driver has written permission from the property owner"
ATV`s must be licensed to operate on lakes" Licensing is done through the
DNR" Drivers under 14 must have a safety certificate from the
Commissioner of the DNR and be accompanied by an adult" Fure stated that
it is very diffcult to catch offenders because of the mobility of the
units. First offenders are usually given a warning ticket and made aware
of the law, but a second offense means a ticket and going through the
court system.
The Council determined that there was no need to amend the City's current
Snowmobile Ordinance as all the regulations for ATV's are covered in the
State law/ which is a part of the City Ordinance.
6" ENGINEER`S REPORT -
A.
Mayor Morgan opened the pubic hearing at 7:30 p.m.
Engineer Bohrer reviewed the proposal and referred the Council to his memo
of January 16, 1985, which outlined setbacks, the well and septic system
for the site. He stated that this lot meets all the City regulations
except for lot size and that the lot is the size it was originally
platted" The new intersection at 42nd Street and Lake Jane Tr^ created a
larger boulevard area which is not included in the the lot size" The
hardship is that this is an existing platted lot containing "72 acres and
no adjacent land is available for purchase to increase the size" Engineer
Bohrer recommended that this variance he granted"
There was no public comment from the audience,
' Mayor Morgan closed the public hearing at 7:37 p.m.,
M/S/P Morgan/Christ ~ to approve the zoning code lot size variance at Lot
4, Block 3, Lake Jane Manor 2nd Addition for Robert Schmitz" Carried 5-0"
B.
Watiog
Engineer Bohrer referred the Council to his letter of January 16, 19851,
which provided comments regarding a safe drinking water supply to
properties adversely affected by the contaminated landfill" He noted two
items need to he addressed - a safe drinking water source and a means of
restoring the home values in the affected area.
CITY COUNCIL MINUTES OF JANUARY 22, 1985 PAGE �
Mike Hansel, 9835 42nd Street N. read a letter requesting the Council to
/ insure that Ramsey and Washington Counties are aware that they will be
responsible for the costs of the design, construction and installation of
the water system" This has been assumed; but, neither County has ever
acknowledged that they will assume the financial responsibility" Nothing
in the concent decree indicates who will pay for the water system" Mr.
Hansel presented his letter to the Council as a part of the record.
After considerable discussion, the following motion was made..
M/S/P Dunn/Armstrong - to instruct the Administrator to draft a resolution
including the following recommendations regarding a safe water supply to
properties adversely affected by the Ramsey/Washington Sanitary Landfill
#l; and, send a copy of such draft to both the Ramsey and Washington
County Board of Commissioners:
l, Lake Elmo Water Supply Alternative D, as outlinted in the Advisory
Committee Report dated December, 1984v be selected by the Counties as the
method to provide a safe water supply to the affected area. This water -
system will be owned and maintained by the City of Lake Elmo,
2. The water system and house service conncections necessary to
supply water to the 52 existing homes within Service Area A, as defined in
the repart shall beconstructed initially"
3. The well,
pump
and
motor, pressure tank
and water mains shall be
sized initially so
that
the
water distribution
system
is expandable in the
( future to provide
water
to
Service Area
B should
that become necessary"
4" Ramsey and Washington Counties shall be responsible for all costs
associated with the installation of the initial water system to serve the
52 homes within Service Area A. The Counties shall also be responsible
for costs associated with any future water main extension and service
construction should contamination be found beyond the 52 initial.
connections" Annual operation and maintenance costs, as well as fire
protection costs shall he negotiated with
the Counties.
5" The City of Lake Elmo desires to be represented at all County
meetings when this public water supply issue is to be discussed" The
appointed City representatives are'Counci]lor Bruce Dunn and Councillor
Arlyn Christ"
Motion carried 5-0" Adminstrator Klaers and Engineer Bohrer will also
attend the County meetings"
11309do
Engineer Bohrer referred the Council to his letter of January 17, 1985,
which ou]ines his comments based on the presentation by Dick Herrold from
the Washington County Public Works Department on December 18, 1984; and, a
map of the concept plan" He offered the following two commentu
CITY COUNCIL MINUTES OF JANUARY 22, 19R5 PAGE 4
l. The common road entrances shown at the east/west 1/4 lines should
| be sufficiently wide to allow either landowner to use the entrance without
encroaching onto the neighboring property"
2. The Concpt Plan does not indicate how the County plans to provide
the ponding required by the Valley Branch Watershed District" The City is
intested to know the County/s thoughts on the matter"
M/S/P Mazzara/Morgan - to endorse the Concept Plan for 19B from 194 to
10th Street as presented by the Washington County Highway staff at the
12-28-84 City Council meeting, provided the comments outlined in the City
Engineer's letter of January 17, 1985 are included into the Concept Plan"
Motion carried 5^-0^
D" 1984.MSA_RighKgWAYMOM
Engineer Bohrer
referred the Council to
his letter of January
17, 19B5,
which outlines the
Commissioner`s Report
and Award of Damages
regarding
easements which
had to be condemned for
the 19134 MSA Project
for John and
Janet Berschens
and Myrtle Eder" Bohrer
made the following
recommendations:
l. Pay to the Court appointed Commissioner's Award in the amount of
$15,478"84 (Berschens $8,139"00 & Eder $7,339.84)
2" Pay the $300 appraisal allowance directly to each property owner"
3" Pay the Commissioner`s expenses directly to each Commissioner as
followsN James Mugg - $902.60, Marius Andrewson - $896^62 and Raymond
Kirchner - $884.220.
All of these expenses are covered by MGA funds.
Discussion: Dunn asked for an itemizedmtmtcmoot from the Commissioners
documenting their time and work schedule. He felt the Commissioners
expenses were excessive"
M/S/P Dunn/Morgan - to pay the court appointed Commissioner's Award in the
amount of $15,478"84 plus the $300 property owner allowance for private
appraisals but to table paying the Court appointed Commissioner's fees
until an itemized list of expenses can be obtained and reviewed" Motion
carried 5^0"
E.
Engineer Bohrer referred the Council to his letter of January 18, 1985,
which explained the research that has been done concerning the possible
waterline extension to the Kromschroeder property. A negative response
was received from the property owners that were notified along Klondike
Avenue and no response was recieved from the residents along 33rd Street.
The cost for 750 feet of 6-inch watermain^ including street restoration,
would be approximately $40,000"
CITY COUNCIL MINUTES OF JANUARY 22, 1985 PAGE 5
The Council and the Engineer discussed the advantages and disadvantages to
completing the loop, assessments, line extension just to the Kromschroeder
(
` property, etc" Bohrer indicated that should a project be initiated the
assessed amount to Mr. Kromschroeder would he about the same as the cost
of a residential well. City water vs a well will not change the market
value of the residence.,
Mayor Morgan stated that the City does not have funds available to extend
the main to serve one residence (Kromschroeder's) and it would not be in
the best interest of the City. As there are no property owners interested
in having the water line extended on Klondike and nearby property owners
on 33rd Street already have water service and no development of that area
is planned which would warrant an extension of the system, the City cannot
afford to extend the main to just serve the Kromschroeder property" The
looping project is not planned for in the budget, therefore, it is
unlikely to he done in the foreseeable future since funds are not
available and there is no desire on the City's part to initiate such a
project. The City would be hard pressed to legally assess property owners
adjacent to the loop should the City deem the loop work necessary to the
function of the water system"
The Council assured Mr. Kromschroeder
extend the current water line in the
well on his property without fear of
being initiated and assessed against
that the City has not plans to
near future and he can put a private
a City watermain extension project
his property.
7" FRAN PUTT, FIRE CHIEF, - PRESENTATION OF PROPOSED BY-LAW AMENDMENTS --
Chief Pott presented both sets of by-laws and outlined the proposed
changes" The major change was in the election years and terms of office"
Other amendments were minor "house cleaning" and format changes. Pott
noted that the Department has two sets of by-laws, one for the Volunteer
Fire Fighters Rescue Department and one for the Firemen's Relief
Association, Inc. The Relief Association By-laws govern the retirement
fund" Chief Pott will present the department's Annual Report at the next
Council meeting"
M/S/P Christ/Morgan ~ to approve the By-laws and recommended amendments to
the Lake Elmo Volunteer Rescue Fire Department as presented" Motion
carried 5~^0^
[he Council briefly discussed the code section relating to Council
approval
for accepting new applicants and
resignations"
In August, 1994,
the Council
accepted the Fire Chief`s recommendation
to amend
this section
to just require
notification of the staff
of any new applicant
and/or
resignation"
This information would then
be passed on to
the Council, but
would not
require Council action"
M/S/P Christ/Morgan -^ to instruct the Administrator to take the necessary
steps to amend Section 205"020 of the City Code to delete the requirement
that all applicants or resignations from the Fire Department shall be
submitted to the City Council for approval; and include the requirement
that the staff (City Administrator) be notified of new applicants and
resignations and he will notify the Council of such action" Motion
carried 5-0.
CITY COUNCIL MINUTFS OF JANUARY 22, 19B5 PAGE 6
S. COUNCIL REPORTS --
Mayor Morgan - Informed
the Council
he has been invited
to participate
in a Mayor's Cow Milking Contest; and suggested
Lake Elmo include
a
Mayor's Carp Fishing Contest
in conjunction
with Huff & Puff
Days.
Councillor Christ stated he
will present
this idea to the Jaycee
Huff &
Puff Committee" The Council
agreed this
contest would add a
new "angle''
to Huff & Puff Days.
9. CITY ADMINIqTRATDR`S REPORT ~
A.
Administrator Klaers informed the Council that there were no changes in
the 1985 Agreement and recommended approval based on the quality service
Gerry Dahlberg has given the City over the past years"
M/S/P Mazzara/Armstrong - to approve the 1985 Animal Control Officer's
Agreement between Gerry Dahlberg and the City of Lake Elmo, as all
conditions are identical to the 1984 contract and the services received
have been acceptable. Motion carried 5-0,
Administrator Klaers referred
the Council
to the background information
provided on the
Request for Council
Action
Form; and recommended
eliminating Sections
204"012;
or amending
the section to include the
(
` alternates years
of service in
the average
or increasing the average
number of years
to six.
Bill Lundquist has offered to resign if his years of service affect the
reappointment of Michels and Dreher"
Dunn suggested adding a statement indicating that no member serve more
than two consecutive terms unless there are no new applicants desiring to
serve. We don't want to discourage residents from applying; and we want
to get away from commission members serving for an indefinite number of
years.
Christ commented that with the a-n,j!,otimOregulation, an alternate could
possibly never become a full member. Several years of service should not
be necessary to familarize an individual with the code" If a person is
interested in serving as a commission member, he will learn the code
requirments. New ideas are alway good.
Armstrong felt that as the City changesv new people and new ideas are
good"
Mazzara has no
strong opinion either way. He
felt the
present Planning
Commission has
demonstrated a goodv practical
attitute
and understanding
of the goals,
policies and regulations of the
City"
CITY COUNCIL MINUTES OF JANUARY 22, 1985
Morgan noted the three optionsN l.
resign; 2" Do not reappoint Howard
Code regulation; 3" Amend the Code"
PAGE 7
Accept Bill Lundquist's offer to
Michels and Bob Dreher, based on the
The Council instructed the Administrator to take the necessary action to
set a public hearing to consider amending Sections 204"012 and 210^012 of
the City Code" Morgan noted that both the Planning and Park Commissions
should be treated the same concerning membership"
Administrator Klaers distributed his memo on the Citizens Committee and
recommended the Council consider appointing the Planning Commission to
serve as this committee"
Morgan was unenthusiastic about having the Planning Commission serve as
the committee, stating he wants to seek an unbiased, crosscut of residents
from the community. This committee should he comprised totally of
residents" The Administrator would attend only when requested; but should
be available to provide background information. A six month time frame is
anticipated for this committee to make a recommendation.
The Council asked that a request for members to serve on the Citizens
Office Space Committee be placed in the Newsletter and tabled further
discussion until the February 5 Council meeting,
D.
Administrator Klaers referred the Council to his memo of January 18, which
outlined the guidelines for selecting a City Attorney" He noted, that
after contacting several communities, it was determined that there is
little written criteria to follow in setting up guidelines for making this
selection.
Proposed Revisions;:
Delete - # 2 - A list of other clients requiring a significant
amount of time from the law firm,
~ # 7 - A list of references, including police officers,
city adminsitrators and governing bodies.
~ # 8 - A list of any special course work, seminars or
continuing education in municipal law or municipal
matters"
Add - # ll "Any land/building or other financial investments
the individuals
in the firm.,"o
The City Council will select an alternate firm whenever
a conflict of interest arises.
- 012 - The City requests an hourly rate for civil prosecution
cases and yearly rate for criminal prosecutions"
CITY COUNCIL MINUTES OF JANUARY 22, 1985 PAGE 8
- Bids should be sealed and received no later than
February 22, 1985, at 4:30 p.m. Bids will be
reviewed by the City Council on March 5, 1985, at
6 p.m"
The Council instructed the Administrator to revise the Guidelines as
recommended and place a public notice soliciting bids in the local
newspapers.
E.
M/S/P Dunn/Mazzara to approve a 3"2 Non -Intoxicating Malt Liquor License
for the Lake Elmo Lions Club for their annual Fishing Contest to be held
Sunday, January 27, 1995; and, to waive the $10 license fee" Motion
carried 5-0"
F.
Administrator Klaers informed the Council that the grader needs the oil
cooler replaced at a cost of $2800" Funds for repair are available from
the Maintenance Parts and Repair fund"
M/S/P Dunn/Morgan - to authorize $2800 from the Maintenance Parts and
Repair Fund to be used to repair the City grader. Motion carried 5-0.
G.
Administrator Klaers informed the Council that there was a watermain break
at Laverne and 36th Steet on Saturday night, January 19" The repair has
been made And the ice ridge which resulted from the break will be cut down
as soon as the grader is working again"
ADJOURNMENT: 10000 p.m,.
January 17, 1985
TO: Lake Elmo City Council
FR: Patrick D. Klaers, City Administrator
RE: Informational Memo for January 22, 1985 Meeting
1. Wish to inform the City Council that our Secretary, Mary Kueffner
is on vacation in Florida until Monday, January 28. The Council may
be aware of this as they were present at the 1-14-85 Planning
Commission meeting when Kathy Crombie took the minutes. Kathy will
also be taking the minutes at our 1-22-85 meeting.
Because Mary is out of the office, some attachments to the Request For
Council Action Forms may have to be distributed Monday afternoon or
else handed out at the Council meeting on 1-22-85. At the time that
this Info Memo is being prepared, the staff hopes that all of the
material and reports can be attached to the Request For Council Action
Forms, but, this may not be possible because the staff is waiting for
information from the League of. Minnesota Cities and because we are
also preparing the Park Commission Agenda material for its 1-21-85
meeting.
2. Attached for your information is the most recent City Newsletter
dated 1-15-85. This Newletter edition highlights the City Council
organizational meeting and snowmobile and three -wheel vehicle
regulations.
3. Attached for your information is the December, 1984, Law
Enforcement Report from the Washington County Sheriff's OfiI—ce.
4. The staff has registered Rosemary Armstrong, Michael Mazzara and
Arlyn Christ for the Saturday, 2-9-85, League of Cities Workshop for
Newly Elected City Council Officials . This workshop is also a goo
refresher for other Council members that were not newly elected and,
if either Dave or Bruce desires to attend this meeting, I should be
notified at the 1-22-85 meeting so that the registrations can be
forwarded to the League in a timely manner.
5. Attached for your information is a memo released from Mn/DOT
dated 12-21-84. Attached to this news release memo is a map showing
the existing intersections to I-94 at County Road 15 on the east
side of Lake Elmo.
6. Because of lack of snow the planned 1-19-85 cross country ski
race in Lake Elmo's Sunfish Park has been postponed until February
16, 1985. The Lake Elmo Jaycees are sponsoring this cross country ski
race and the City Council endorsed this proposal at its 12-18-84
meeting.
7. Attached for your information is a flyer for a zoning seminar .
This seminar is planned for 1-22-85 and two Planning Commission
members have expressed interest in attending this workshop. The fee
is $18 and the staff registered Carol Kuettner and Don Moe for this
conference.
Informational Memo for January 22, 1985 Meeting Page 4
Working Committee will meet on Saturday, January 26, 1985, at 9 a.m '
in the City Council Chambers. Dave Morgan is the City Council
representative to this committee. Representatives from the DNR, VBWD,
Tri-Lakes and the Sunfish Lake group are expected to be present. It
is anticipated that this meeting will take most of the morning and we
will either record the minutes or have a secretary available to take
minutes or both.
CLAIMS TO BE APPROVED AT JANUARY 22, 1985 LAKE ELMO COUNCIL MEETING
85700 Void - to U of M for 3 PZC members
85701
U of M - Planning Commission Seminar - 2 members $
36.00
85702
Government Training - Elected Officials Seminar - 3
120.00
85703
Postmaster - postage meter
200.00
85704
David'Eder - Dec. & Jan. cleaning
82.50
85705
thru 85708 Park Shelter workers - 2 weeks
329.53
85709
State Bank of Lake Elmo - Jan. Fed. Withholding
1,913.40
85710
Commissioner of Revenue - Jan. State withholding
1,016.00
85711
Lillie Newspapers - part time minute sec'y ad
44.05
85712
Mary Meyer - 1/15/85 newsletter
250.00
85713
Lake Elmo Inn - Christmas party
375.00
85714
American Typewriter - Office supplies
27.70
85715
League of MN Cities - 1985 Directories
43.00
85716
Zignego Agency - Public Officials & Firefighters liab.
2,570.58
85717
Walter S. Booth - Office supplies
7.25
85718
Voto - Interim billing - 1984 audit
1,715.75
85719
TKDA - General $ 778.35
MSA 514.18
1,292.53
85720
Northwestern Bell - MS PA- r-oject
3,288.29
85721
Winnfield, Inc. - MSA project
150.00
85722
Mn/DOT - transportation manual
5.00
85723
City of North St. Paul - Animal Control Vehicle
125,00
85724
Countryside Towing - Fire Dept. towing
100.00
85725
Brookman Motors - Fire Dept. repairs
6.04
85726
ABM - Fire Dept. truck repair
267.71
85727
Minn. Fire Inc. - Fire Dept supplies
35.00
85728
Volunteer Firemen's Benefit Assn. - new member
6.00
85729
Motorola - Fire Dept. equipment
594.00
85730
Kunz Oil Co. - Fire Dept. gas
55.50
85731
_
Lake Elmo Oil - Fire Dept. _ 103:94
Maint. Dept. 13.24
117.18
85732
Meyer Hardware - Fire Dept. _TbS-71
Maint. Dept. 105.75
214.56
85733
Dan Olinger - snowplowing - 12/1`= 7n771
1,380.00
85734
Hardware Hank - Maint. Dept. supplies
40.76
85735
Brad Ragan - Grader repair
134.36
85736
Clutch & U-Joint - Grader repair
414.62
85737
Lake Elmo Repair - Ford Snow Plow repair
83.15
85738
Boyer Truck Parts - Maint. dept. 79 Ford repair
58.42
85739
Wash. Cty Public Works - Sand & Salt
1,430.00
85740
Wear -Guard - 1985 Clothing Allowance
104.47
85741
Communication Specialists - radio repair
51.00
85742
Satellite - Sunfish Park
96.47
85743
Blind Custodial Products - Park shelter supplies
95.97
85744
thru
85756
February 1st payroll
6,500.00
$ 25,376.79
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 he continued to another meeting"
AGENDA
LAKE ELMO CITY COUNCIL
JANUARY 22, 1985
7:00 p.m. Meetings Convenes
1. Agenda
2" Minutes: January 8/ 1985
3" Claims
4" Presentations: Me. Pat Weber from the office
of Senator Boschwitz for a general discussion
5" James Four, Lake Elmo Deputy, to discuss
3-wheel vehicle (or ATV) regulations
6" City Engineer's Report
7:30 p.m. A. p�bli��H���i�g for lot size zoning
variance application by Robert Schmitz
at lot 4, block 3, Lake Jane Manor 2nd
Addition
B. Landfill Advisory Report recommendation
to Washington and Ramsey Counties
------------------------------------ BREAK -^-~---^^~^~~~-^^--~^^----^---~-----
C" Concept Plan approval for Regional Park
entrance road 19B from I-94 to 10th Street
D. 1984 MSA discussion: Right -of -Way awards
E. Discussion on request for municipal water
from Jerry Kromschroeder
INNEEGROMM
7" Fran Pottv Lake Elmo Volunteer Fire Department /
Chief to present proposed Fire Department By-law p
\
amendments
8" City Council Reports
9. City Administrator's Report
A. Renewal of Animal Control Officer Contract
B. Discussion of City Commissions Code
reappointment restrictions
C. Office Space Committee
Guidelines: Discussion
D. City Attorney selection
Guidelines: Discussion
E. Other