HomeMy WebLinkAbout03-05-85 CCMLAKE ELMO CITY COUNCIL MINUTES F.
MARCH 5, 1985 PRO
Mayor Morgan called this meeting to order at 6:00 p.m. in the council
chambers. Present: Armstrong, Christ, Dunn, Mazzara, City
Administrator Klaers.
The purpose of this meeting was to review the applications for the
City Attorney. Separate bids were requested for the criminal and the
civil aspects of the City Attorney's work. Applications were received
from the following, and details of these proposals are on file at the
city office.
Caswell & Tavernier, P.A.
6070 50th Street North
Oakdale, MN 55109
Emmett D. Dowdal
103 Wildwood Road
White Bear Lake, MN 55110
Lawson, Raleigh & Marshall, P.A.
3880 Laverne Ave. N.
Lake Elmo, MN 55042
David T. Magnuson and Ann L. Dieperink
Suite 203, The Grand Garage
324 South Main St.
Stillwater, MN 55082
Moosbrugger & Murray
734 Minnesota Bldg
Fourth at Cedar
St. Paul, MN 55101
O'Conner and Hannan
3800 IDS Building
Minneapolis, MN 55402
Rauenhorst and Carlson
Arden Plaza
3585 North Lexington Ave.
Arden Hills, MN 55112
Sweeney, O'Connor & LeMay
Suite 1200
Northern Federal Bldg.
St. Paul, MN 55102
The low bid for the criminal work for the City was from Gregory
Tavernier of Caswell & Tavernier. Their bid is $10,200 per year or
$850 per month with appeals at $50 per hour. The bids received for
the criminal work ranged from $10,200 to $25,00 per year.
Consensus of the Council is that money could be saved by putting the
legal services out for bid, with Mazzara pointing out that the lowest
bid wouldn't necessarily mean the best bid, nor would the highest bid
mean the best bid.
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 2
Dunn feels that some of the bidders should be eliminated as they did
not follow the format requested for this bid. He feels that Travenier
has presented the best bid, and has experience with criminal work.
Armstrong stated she knows Mr.Tavenier does all the prosecutions for
Oakdale, and he is very confident in court.
Morgan stated that Mr. Tavenier meets all of the requirements - he bid
the way that he was asked to, he is known in Washington County, he
lives nearby and works for a nearby City and he is cheaper than the
other bids.
Morgan stated that since the criminal work is of a routine nature, and
if Mr. Tavernier presents a favorable interview, it would not be
necessary to interview any other applicants for the
criminal/prosceutions for the City.
Mazzara stated that since this was put out on bid, we should at least
give the applicants the courtesy of an interview, and feels that the
applicants' qualifications and references should be checked out.
Regarding the bids for the civil work for the City, Armstrong stated
there is a good cross section of applicants and suggested interviewing
all of the applicants, except Ray Marshall, as it has already been
indicated that the Council feels there is a potential conflict of
interest with his firm representing the City in civil matters.
Dunn suggested interviewing some of the applicants, not necessarily
all of them. He questions the retainers as some of the things covered
under the retainer are not needed by the City. Moosbrugger has low
bid at $45 per hour, but the $600 per year retainer could perhaps be
negotiated.
Morgan stated the Council has to be careful to not alter the financial
intention of the bid. We have to make the decision based on what was
bid.
Mazzara stated he had no problem with interviewing all of the
applicants. He further questioned the qualifications of the low
bidder for the civil work, Moosbrugger & Murray. Phillip Moosbrugger
would be representing the City, and it does not appear that he has had
very much experience as far as civil work is concerned. Gordon
Moosbrugger has civil experience, but has not worked in any kind of
city work since 1980. All of the other applicants appear to be
currently involved in civil type work.
Dunn stated a lot of the civil work is routine matters. If we get
into "heavy stuff", we may want to refer it to another firm. But on
the little things, we may be better off taking someone - even with a
lack of experience - to handle the routine matters.
Consensus of the Council is to interview David Magnuson, Phillip
Moosbrugger, Frederick Knaa.ck and George Borer on Tuesday, March 19th
beginning at 5:30 p.m.
Armstrong, Dunn, Christ and Morgan agreed that it is not necessary to
interview Ray Marshall for the civil work as this is where they feel
there is a conflict of interest.
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 3
Mazzara feels that Marshall should also be interviewed and allowed to
explain some of the things that would be considered a conflict of
interest.
The Council interviewed Gregory Tavernier of Castwell & Tavernier for
the criminal/prosecutions for the City.
In response to the question on how prosecutions would be handled, Mr.
Tavernier stated that one city he represents (Oakdale) has the policy
that the defendant either "plead to" or "go to trail". This is not
the case with other cities he represents, with this decision being
made by the City Council interacting with the law enforcement agency
involved. There are times when it is actually in the best interest of
the city not to try a case. In particular, financial considerations
such as paying officers testimony, etc., would be considered when the
chances of obtaining a guilty verdict are marginal, at best.
In response to a question as to why his bid was lower than the others
received, Mr. Tavernier stated the only reason he could bid as low as
he did is because he is at the Courthouse so much (about three days a
week). Because of this, he is able to account for his travel time and
other time out of the office. Also, part of the research he did
concerning the Lake Elmo's workload indicated that the City does not
take a position on plea bargining, and he submitted his bid on the
condition that these same considerations would be continued. If the
City Council would take a stand where all DWI's would be tried, he
would be caught in a bind, and would be forced to increase his fee in
the future. Also, he would be able to contact the Clerk of Court in
Washington County and request that Lake Elmo and Oakdale cases be
scheduled for the same day, eliminating the need for a second trip to
the Courthouse.
Mr. Tavernier stated his experience includes over six years of
prosecution work for municipalities, and has been in criminal work for
almost ten years. He also did criminal defense work in Hennepin
County.
Dunn pointed out that the prosecuting attorney and the deputies set
the precedent on what is going to go to trail versus what is going to
be plea bargined. It was the consensus of the council to not change
this policy.
Mayor Morgan called the regular City Council meeting to order at 7:00
p.m. in the council chambers. Present: Armstrong, Christ, Dunn,
Mazzara, City Administrator Klaers, City Engineer Bohrer.
1. Agenda
M/S/P Morgan/Dunn - To accept the March 5, 1985 agenda as amended:
Add 6A - City Attorney, 6B - Legislative Bulletin. (Motion carried
5-0)
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 4
2. Minutes: February 19, 1985
M/S/P Dunn/Morgan - To approve the minutes of the February 19, 1985
City Council meeting as presented. (Motion carried 5-0)
x
3. Claims
M/S/P Mazzara/Christ - To approve claims 85871 thru 85915 as
presented. (Motion carried 5-0)
4. Public Inquiries (none)
5. City Engineer's Report
A. Public hearing for zoning code road rontage variance,
south of the railroad tracks and east of 31st Street N.
Application by Joseph Kaiser
Pursuant to published notice, this public hearing was opened at 7:17
p.m.
The Engineer stated that Mr. Kaiser has applied for road frontage
variance to construct a home with a private road on a 6.6 acre parcel.
This is actually a re -application since his original request in 1981
was denied. He further provided background information regarding this
proposal.
The Engineer further stated that the original concerns which lead to
the conditions stated in the Developer's Agreement are still valid
today. To his knowledge, none of the conditions have changed, except
that the VBWD has now recommended a high water level for the pond on
Mr. Kaiser's property, and recommended that the conditions set forth
in the Developer's Agreement not be changed.
Mr. Kaiser stated he is requesting this variance to build one single
family home on the 6.6 acres that he owns. He requested a bituminous
road 18' wide to the home that he would maintain himself. His reason
for requesting an 18' road to the home rather than what was suggested
by the City Engineer is that the cost of the city street as proposed
would cost too much and prevent him from building this home.
The Council reviewed the minutes and information from Mr. Kaiser's
previous request. At that time, the Council agreed to a private road,
with right-of-way turned over to the City, but the road constructed
and maintained by Mr. Kaiser.
The Engineer also voiced a concern over the Jim Friedrich property
which appears to be landlocked behind Mr. Kaiser's property.
Tom Moore, the contractor for Mr. Kaiser, stated that the City is
requesting a 28' road for access to one house, and pointed out that
because of the topography of the 6.6 acres, there is no possibility of
ever constructing another house on this property. For this reason, it
would not be feasible to put in a 28 foot road for service to just one
house.
Mr. Kaiser stated that he would be willing to give Jim Friedrich an
easement to his property so that it would not be landlocked.
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 5
Jim Friedrich, adjacent property owner stated that the proposed width
of the road affects the 6 to 8 pine trees that he planted (that are
now 25 to 30 feet high) along the easement that he gave Mr. Kaiser to
get into his property, and would prefer not to have to cut these trees
down. However, if the trees are a problem and ad 18 foot road could
not be granted to Mr. Kaiser he would not want to hold up the road
that Mr. Kaiser is proposing and would not object to the 22 foot road.
There were no other residents present to offer comments for or against
this proposal and the public hearing was closed at 7:43 p.m.
The Engineer stated his concern is the length of the private road.
The total length of Mr. Kaiser's driveway or road would be about 850'.
The total length that Mr. Friedrich would have to travel across Mr.
Kaiser's property, and then across the easement that Mr. Kaiser
granted is a total of 1350 feet.
Morgan stated that it is a long driveway, but there are a lot of farm
homes and rural homes that have driveways of that magnitude. If
someone is courageous enough to build a house that far off of a road
on a private driveway, so be it.
*M/S/P (amended at 3-19-85 City Council meeting) Morgan/Christ - To
adopt Resolution 85-5 granting a road frontage variance to Joseph E.
Kaiser for a 22 foot wide private access road and an 18 foot wide
private driveway and turnaround, on the property described by metes
and bounds (see 37015-4305 in tax book) subject to the conditions as
recommended by the City Engineer: Entering into a developer's
agreement with the City of LakeElmo stipulating that the existing 33'
wide easement from 31st Street east to the west line of the Kaiser
property shall be deeded to the City; a 30' wide easement for access
purposes shall be provided along the north line of the Kaiser property
from a point approximately 450' east of 31st street to the east line
of the Kaiser property and along the enire east line of the Kaiser
property; and that this street be constructed and maintained by the
applicant. (Motion carried 5-0)
B. Animal Inn CUP amendment, application by Charles
Anderson for the construction of a 507 x 136'
dog training building.
The Engineer stated the contingencies with this application would be
that the applicant submit a legal description of the property and meet
the VBWD drainage requirements and the normal state and local building
codes.
Mr. Anderson stated that the present parking lot will not be expanded.
There will be parking spaces around the edge of the building. The
building will be 50' x 136' with another 40' x 60' area on the front
for office space. The exterior will be galvanized steel (painted or
enameled). The interior of the building will be completely finished.
There could be two dog training classes held at one time which would
mean about thirty-five dogs, all which will be under control.
M/S/P Dunn/Armstrong - To adopt Resolution 85-6 amending the Animal
Inn CUP to allow for the construction of a 50' x 1361dog training
building with a 40' x 60' area on the front for office space,
contingent upon the applicant submitting a legal description of the
property, meeting the VBWD drainage requirements, and meeting the
State and Local building regulations, as recommended by the Planning
LAKE ELMO CITY COUNCIL MINUTES 3-5-85
Commission. (Motion carried 5-0)
PAGE 6
C. Slawson large lot subdivision application for two 40
acre parcels, 1/4 mile south of Highway 36 and West
of Keats Avenue.
The Administrator informed the Council that a public hearing was held
by the Planning Commission on 2-28-85. This application had been
heard at a public hearing on 1-28-85, but because of an error in the
publication notice (the notice stated the hearing would be held on
2-28-85) the Planning Commission held a special meeting for this
public hearing.
As the City Council reviewed the information on this application at
its 2-5-85 meeting, and since nothing has changed in this application,
the following action was taken.
M/S/P Mazzara/Morgan - To adopt Resolution 85-7 approving the large
lot subdivision application for Mr. and Mrs. Lyle Slawson for two
forty acre parcels on property described by metes and bounds (see
37003-2050 in tax book) as recommended by the Planning Commission.
(Motion carried 5-0)
D. Bishop/Clapp-Thommsen application for rezoning from
RR to R1, concept approval of plan for 35 lots and
preliminary plat approval for phase I (11 lots) at
SE corner of Stillwater Blvd. and Inwood Avenue.
Bruce Folz, representing Mr. Bishop and Clapp-Thommsen gave a brief
presentation on the proposal for this development which included the C
soil study done by Washington County, the soil tests taken on the 11
lots in phase I, the drainage concerns and ponding on the property.
The Council reviewed the application, memo from the City Planner
dated
January 16, 1985, memo from City Engineer dated February 5, 1985and a
letter from Daniel G. Novak, 8520 Ironwood Trail N. dated February 6,
1985 stating his opposition to this rezoning and development.
It was pointed out that if this rezoning would be denied,
Clapp-Thommsen would proceed with a cluster development which would
allow 25 lots to be developed. Bruce Folz pointed out that by
clustering, many of the lots would exceed the maximum two acre per lot
permitted in a cluster development because of the soil conditions, and
he would have to ask for variances on these lots.
Folz further stated that the property (owned by Clapp-Thommsen)
adjacent to this proposed development could never conceivably be
developed without the benefit of city sewer. He also stated that
Oakdale has a sanitary sewer lift station on the corner of Stillwater
Blvd. and CSAH 6 and suggested that Oakdale may be willing at some
time to trade services - Oakdale servicing the western part of this
property, and Lake Elmo servicing land in Oakdale down by loth Street
Dan Novak, 8520 Ironwood Trail N. stated he objects to this
development because of the loss of rural atmosphere and because the
bad soil conditions will force sewer into the area.
The Engineer stated that the Planning Commission recommended approval
of the preliminary plat of phase I of this development, and he feels
that action was premature. However, the applicant has shown, in a
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 7
preliminary way, that the soil limitations in Phase I can be avoided
or overcome for drainfields and can be rezoned if the City feels the
proposed land use is compatible. He is not one -hundred percent
confident on how the ponds are going to come together, and recommended
not approving a preliminary plat until drainage volume computations
and runoff computations are provided. When Phase II and III are
brougt forth, the same information will be required - that is, because
of the questionable nature of the soils, soil tests will be required
on each lot.
Morgan stated that since becomming Mayor, he has set a policy whereby
he will not make a decision on any major rezoning until the Council
has had time to think about it.
Armstrong feels that the concern for loss of rural atmosphere is
relevant, and she also does not wish to burden our Watershed District
with any extra water.
M/S/P Morgan/Dunn - To table this application from Clapp-Thommsen/Don
Bishop for rezoning and concept approval until the March 19, 1985
meeting. (Motion carried 5-0)
E. Schaefer Contracting fill permit.
Mr. Robert Rudy, representing Shafer Contracting Co., Inc. stated that
they have a surplus of earth material from the 194 project and Mr.
Douglas DeCoster has expressed a desire to improve his property
located just north of 194 and west of Ideal Avenue North in the City
of Lake Elmo.
The Engineer explained the building permit application by Shafer
Contracting Company to dispose of excess soil materials on property
within Section 32. The property is owne 5y Doug__9eC`os�'er and by
Mn/DOT. The Mn/Dot property is located west of Ideal Avenue and had
been part of the right-of-way purchased for the I-94 northern route.
Mn/DOT has since declared this right-of-way as access property and the
City has requested it for park purposes. The Engineer referred to his
review letter dated March 1, 1985 which pointed out that conditions
would need to be attached to any approval given to the fill permit.
Morgan stated he is concerned with what good this proposal would do
for the overall community. He can see where it would do some good for
the State of Minnesota, but believes it is questionable how much good
it would do for the landowners.
Bohrer stated that most of the land is lower than the road. The
intent is to bring the property up to the level of the road and feels
this area will be the major access point for any development that goes
in. At present, the property is about ten to twenty feet lower than
the road.
Mazzara asked that the adjacent property owners be notified of this
venture, even though it is not required by city code.
Bohrer stated this fill process would begin on the DeCoster property
(where it joins the DOT property) and go in a westerly direction on
the DeCoster property. This would allow Shafer to take advantage of
some erosion control measures as they are filling.
Morgan stated that at a minimum, the 1% rule should apply here, and
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 8
some ponding would have to be made available to take up what would
normally be kept on the property, and agreed that the residents in the
area should be notified.
M/S/P Mazzara/Christ - To approve the building permit for Shafer
Contracting for the filling of the DeCoster property and to give
concept approval to filling on the Mn/Dot property, conditioned upon
obtaining a permit from the Ramsey/Washington Metro Watershed
District, receiving MN/DOT approval, and conditioned upon the
recommendations of the Engineer's March 1 letter, and conditioned
upon applicant notifying the residents in the area of this project.
(Motion carried 4-1 <Morgan>)
M/S/P Armstrong/Morgan - To acknowledge to Mn/DOT that the City of
Lake Elmo no longer desires to obtain the Mn/DOT property in Section
32 for park land, with the exception of possibly obtaining a 195 foot
strip for a potential buffer zone immediately west of Ideal Avenue.
(Motion carried 5-0)
F. 509 Plan: lake Elmo's recommendations to VBWD
(including discussion on existing 1% rule).
The Engineer referenced his Review of Draft 509 Plan dated January
1985 - Reviewed February 18, 1985, and acknowledged letter from
Stephen Taylor, Managing Partner for Cimarron Park dated March 1,
1985.
Tom Noyes, representing Cimarron Park requested that an outlet be
provided for Lake Rose. Cimarron Park is unable to remove sufficient
waters from the lake. He feels that Cimarron Park has done everything
possible to solve its own problem; can do no more to resolve the
issue, and requested that VBWD 509 water management plan include an
overflow line from Lake Rose to Horseshoe Lake.
1. Regarding figure 6 on page 14 of the plan. The City Council
desires that the main stem system have sufficient capacity to provide
an outlet in the future for the Legion Pond Subwatershed, and that
capacity be provided in the downstream facilities to accomodate
outletting Lake Rose Subwatershed. The Council further discussed its
concerns regarding the City of Oakdale's proposed commercial
industrial zone east of I-694 between 40th Street and Chicago and
Northwestern Railroad. This area is included in subwatersheds EP8 and
EP9. This proposed Oakdale development will surely increase the
volume of runoff to these two subwatersheds. EP8 is not proposed to
be outletted. EP9 contains the Eagle Point Fork Creek.
10. The City should not request any work on the David Hardy driveway
or related work on the Eagle Point Fork Creek.
12. Cost Estimates: It should not be pointed out that the design and
administration costs may have been estimated too low at 7%.
13. The Table 4 on page 60, which shows the estimated cost for Phase
1 improvements, assumes that the easement around City Park Pond will
be obtained at no costs to the VBWD. The Watershed District should be
informed that the City has not yet decided that these easements will
be donated.
M/S/P Morgan/Dunn - To pass on to the VBWD all 'of the applicable
comments in the City Engineer's review of February 18, 1985, along
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 9
with the additional concerns listed above. (Motion carried 5-0)
Christ advised the Council that some of the residents that he has
talked to have expressed concerns over the ad valorem tax that will
pay for this project. These residents feels they do not contribute to
the problem and should not have to pay for it.
M/S/P Armstrong/Dunn - To adopt Resolution 85-8 endorsing the 1% rule
in all areas of the City except the Ramsey/Washington Metro Watershed
District and to encourage the VBWD to continue the 1% rule throughout
the District. (Motion carried 5-0)
G. Discussion: Spring season flooding possibility and
pumping water from Lake Jane (and maybe Sunfish Lake).
The City has been threatened with a pending law suit by the Sunfish
Lake property owners for damage sustained to their property supposedly
from the Lake Jane pumping. The Mayor feels that if the City
initiates some action to prevent Sunfish Lake from rising any higher,
that the Sunfish Lake owners will not sue. The scope of the project
consists of pump and irrigation equipment to remove waters from
Sunfish Lake at -the approxat ime rate of 50b gallons per minute or at
such reduced level as to maintain the level of Sunfish Lake.
By petitioning this project, the City Council realizes that they are
liable for payment of the preliminary fund if the managers do not
order the project. It is generally felt by the Council that if the
managers opposed the plan, they would not have to spend the $5,000 to
reject the project.
Mazzara stated if this petition was not approved, would a lawsuit by
the Sunfish property owners be able to stop the pumping from Lake'
Jane? Some of the members of VBWD feel that a lawsuit from the
Sunfish property owners would not necessarily stop the pumping from
Lake Jane, and these VBWD members also indicated they would not be in
favor of this petition.
M/S/P Christ/Morgan - To petition the VBWD to pump out Sunfish Lake
to an irrigation site on City owned property, that the annual cost of
this project will be under $35,000, that the preliminary fund not
exceed $5,000, and that VBWD proceed with the greatest expediency.
(Motion carried 4-1 <Mazzara>)
Mazzara feels that the possibility of the petition passing (by talking
to VBWD members) does not look good, and although something has to be
done, it doesn't look feasible right now.
H. Fire Department truck specifications.
The Council reviewed the specifications and recommendations from the
Engineer in his memo dated March 5, 1985.
M/S/P *Christ/Armstrong* (amended at 3-19-85 City Council meeting) to
approve the Fire Department's truck specifications, amended per
Engineer's memo dated March 5, 1985, and to authorize the
advertisement and receiving of bids. (Motion carried 5-0)
I. Dick Herold from Washington County to discuss
and513B,construction plans on County Road 15
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 10
Dick Herold from the Washington County Public Works Department
appeared before the City Council to review the final construction
,plans for County Road 13B and the concept plan for realignment of CSAH
15. Mr. Herold explained that they are planning to receive bids on
April 4, 1985 for reconstruction of County Road 13B. The work
consists of a four lane divided lane with grassed median from a point
1/4 mile north of 194 to 1/4 mile north of 10th Street. In a related
project, the County is planning a bituminous overlay and bituminous
shoulder construction from a point 1/4 mile north.of 10th Street to
1/2 mile north of 15th Street. Both of these projects are planned to
be completed in 1985. Mr. Herold also reviewed the concept plan for
the realignment of CSAH 15 (Manning Avenue) through West Lakeland
Township from aproximately 1/4 mile north of 10th Street to 1/4 mile
north of 20th Street. This would also involve a turnback to the City
and West Lakeland Township of those portions of Manning Avenue which
are no longer needed.
It was the consensus of the Council to review the plan in detail at
its 3-19-85 meeting.
6. City Council Reports
A. City Attorney
Dunn stated that Mr. Tavernier looks to be the best canidate from a
cost standpoint, and based on his qualifications he is capable of
handling the criminal aspect of the City's legal work.
M/S/P Dunn/Armstrong - To appoint Gregory Tavernier as Lake Elmo's
City Attorney for criminal matters for the remainder of 1985 at the
bid rate of $850 per month with an additional $50 per: hour for
appeals. (Motion carried 4-1 <Mazzara>)
The Administrator asked the Council if they wanted to forgo checking
Mr. Tavernier's references or to interview any other canidates for
comparison.
It was the consensus of the Council (with the exception of Mazzara)
that checking Mr.,Tavernier's references, or to interview other
canidates is not necessary.
Mazzara stated that with the process the City has gone through, which
has taken a couple of months to advertise for proposals, and since the
Council has only had -the proposal for a few of days, it seems quite
inappropriate to hire the first person interviewed.
Morgan feels the criminal aspect of the City Attorney's work is quite
routine. Mr. Tavernier serves three other cities, and is by far the
lowest bidder, and sees no reason to go any farther.
Christ stated he was very impressed with Mr. Tavernier during the
earlier interview, and feels the City should be most diligent in cost
reduction opportunities and sees one here.
B. Legislative Bulletin
The League of Minnesota Cities 1985 Legislative Bulletin alerted its
members to the State's proposed legislation for plumbing inspectors
employed by the state, a county, or a local unit of government
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 11
(including cities) to hold a master or journeyman licenses under state
law.
From the League's perspective, the requirement that these inspectors
have master or journeyman licenses will not improve the quality of
licensing, but only add to the cost of local units of government or
force local units of government to abandon plumbing inspection to the
extent that they can. The League urges all city officials to contact
their legislators and inform them of the inspection practices within
their city and to detail possible problems with this legislation. The
bill is scheduled for hearing in the Commerce and Economic Development
Committee in the House as early as Thursday, February 21, 1985 at
10:00 a.m.
Dunn stated that all this legislation would do is cost the City more
money. The City would have to hire a master or journeyman to do a job
that our Building Official is already doing, a/adis perfectly capable
of doing.
M/S/P Dunn/Armstrong - To adopt Resolution 85-9 indicating Lake
Elmo's opposes S.F. 342 which would require that plumbing inspectors
employed by the state, a county, or a local unit of government must
hold a master or journeyman license under state law.
C. Comparable Worth Study
Christ stated that he has noted that several of the smaller
surrounding communities have opted to not participate in the MAMA
Comparable Worth Study. He suggested that we contact these
communities to see how they will incorporate this law.
Mayor Morgan noted that the City has an ordinance stating that all
meetings end at 10:30 p.m.
M/S/P Dunn/Morgan To extend this council meeting until 11:00 p.m.
(Motion carried 5-0).
7. City Administrator's Report
A. Code Amendment considerations
The Administrator advised the Council that public hearings were held
for the following code amendments by the Planning Commission at its
2-19-85 meeting, and the Planning Commission recommended adopting all
of the following ordinances.
1. Section 205 - Fire Department
M/S/P Christ/Morgan - To adopt ordinance 7965 amending Section
205.020 of the Lake Elmo City Code - Volunteer Fire Department; to
wit: Membership The Fire Chief shall submit all applications or
resignations from the Fire Department to the City Administrator. The
City Adminstrator will then notify the City Council of any new
applicants or resignations from the Fire Department. (Motion carried
5-0)
2. Section 210 - Parks Department - Composition
LAKE ELMO CITY COUNCIL MINUTES 3-5-85
PAGE 12
M/S/F Christ/Mazzara - To adopt an ordinance amending Section 210.012
of the Lake Elmo City Code - Parks Commission - Composition; by
ting the following sentences. "No member shall serve more than
o consecutive three year terms unless the average years of service
for all the Commission members is less than four years. A member who
has served two terms may be reappointed by the City Council after a
one year absence". (Motion failed 2-3 <Armstrong, Dunn, Morgan>)
Dunn stated he opposes this code amendment because we are trying to
amend the ordinances to accomodate the present situation. Several
years ago we amended the ordinance to eliminate several people, and
now the proposal is to amend it to accomodate several people. No
matter how any of these ordinances are worded, all problems will not
be solved. Also, the turnover on the Commissions is healthy.
3. Section 204.012 - Planning Commission - Composition
M/S/F Christ/Mazzara - To adopt an ordinance amending Section 204.012
of the Lake Elmo City Code - Planning Commission - Composition -
deleting the following sentences. "No member shall serve more than
two consecutive three year terms unless the average years of service
for all the Commission members is less than four years. A member who
has served two terms may be reappointed by the City Council after a
one year absence". (Motion failed 2-3 <Armstrong, Dunn, Morgan>)
4. Section 401.380 - Street Access
M/S/P Armstrong/Morgan - To adopt ordinance 7966 amending the Lake
Elmo City Code Section 401.380 - Streets, Alleys and Curbs to include
on page 400-29 the following: F. Subdivisions Abutting Collector or
Minor Arterial Streets . Wherever a proposed subdivision abuts or
contains an ex sting or planned collector or minor arterial street as
designated on the City's Thoroughfare Plan, the lots shall access onto
local streets wherever possible. Local streets may be existing or
provided with the subdivision; and to reletter following paragraphs F
through Q to G through R. (Motion carried 5-0)
5• Section 301.070 - Cluster Development Standards
M/S/P Dunn/Armstrong - To adopt ordinance 7967 amending the Lake Elmo
City Code Section 301,070 D.2.e. Page 301-33 - Cluster Development
Standards to include the following: (7) Whenever a proposed Cluster
Development abuts or contains an existing or planned collector or
minor arterial street as designated on the City Thoroughfare Plan, the
lot shall access onto local streets wherever possible. Local streets
may be existing or may be required to be provided with the
subdivision. (Motion carried 5-0)
6. Section 301.070 - AG and RR Zone - Minimum
District Requirements
M/S/P Dunn/Mazzara - To adopt ordinance 7968 amending the Lake Elmo
City Code Sections 301.070D.1.d.6 and 301.070D.2.c.6 to include the
following: The placement of the second required drainfield between
the trenches of the first drainfield is prohibited. (Motion carried
5-0)
7. Section 301.130 Accessory Structures (Tabled)
B. Planning Commission Appointments
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 13
The Administrator stated that because the proposed code amendment was
not passed, we have probibited Bob Dreher and Howard Michels from
being reappointed to the Planning Commission. Carol Kuettner will
move up from the first alternate position to a full voting member;
and, there are now three vacancies on this Commission. The City has
one application on file and this applicant will be invited to the next
City Council meeting for an interivew. The vacancies will again be
advertised in the City Newsletter.
C. Office Space Committee Appointments
Mazzara advised the Council that he spoke with Willard Griffin who had
signed up for this committee. Mr. Griffin indicated that he will be
doing some traveling and might not be available for all of these
meetings.
Mazzara further suggested that the Council follow the "Composition"
*guidelines* they approved for this committee as *closely* as
possible. *Amended at 3-19-85 City Council meeting.
In selecting this committee, the consensus was to read each applicants
name. If the applicant got a 5-0 consensus from the Council, they
were automatically on the committee. The Council would barter on the
remaining committee members.
1.
Don Durand
5-0
2.
Ed Neilsen
4-1
3.
Carol.Kuettner
1-4
4.
Bruce Kuettner
1-4
5.
Gary Horning
5-0
6.
Fred Nazarian
1-4
7. Sandy Nazarian 1-4
8. Mark Rivard 5-0
9. John Schiltz 1-4
10. Dennis Geiger 5-0
11. Jewel Melin 5-0
12. Willard Griffin (withdrawn)
13. Randy Zauner 5-0
14. Richard Coopersmith 5-0
15. Marcie Eichen 4-1
Armstrong feels that Marcie Eichen's job with the City is so minor
that there wouldn't be a conflict of interest in this case. She
hasn't read the meters for almost two years.
LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 14
M/S/P Armstrong/Dunn - To appoint Marcie Eichen to the Office Space
Committee. (Motion carried 4-1 <Mazzara>)
Mazzara stated that to keep this committee geographically even, the
Council should appoint someone from the Old Village. The only person
applying is John Schiltz, and if we are to make these appointments.
legitimately and reasonably, we should appoint John.
M/S/P Christ/Armstrong - To appoint Ed Neilsen to the Office Space
Committee. (Motion carried 4-1 <Mazzara>)
The Council will meet with this committee at the March 19, 1985 City
Council meeting at 7:00 p.m.
D. Other
A. Board of Review Meeting
The Administrator advised the Council of this meeting scheduled for
Thursday, May 16th from 2:30 to 7:30 p.m. in the council chambers.
The procedure in the past is to have two council members present
during these hours.
B. Birds
The Administrator asked the council if they had any objections to the
request from a citizen to raise pheasants and quails on their property
(as outlined in his Informational Memo). There were no objections
from the Council.
C. Park Material
The Administrator reminded the Council that if they had any comments
regarding the Park material (as outlined in his Informational Memo)
these comments should be forwarded to Gary Horning, Lake Elmo's
representative to the Washington County Parks and Open Space
Commission.
M/S/P Dunn/Armstrong - To adjourn the meeting (11:15 P.m.)
Resolution
85-5
Kaiser road variance
Resolution
85-6
Animal Inn CUP amendment
Resolution
85-7
Slawson Large Lot Subdivision
Resolution
85-8
Formally adopting the 1% rule
Resolution
85-9
Lake Elmo's opposition to S.F. 342
State requirement for building inspectors
to have master or journeyman's license
Ordinance
7965
205 Fire Department
Ordinance
7966
401.380
Street Access
Ordinance
7967
301.070
Cluster Development Standards
Ordinance
7968
301.070
D.l.d.6 and 301.070 D.2.c.6
Minimum
District Requirements
CLAIMS TO BE APPROVED AT MARCH 5, 1985 LAKE ELMO COUNCIL MEETING
85871
85872
85873
85874
85875
85879
85880
85881
85882
85883
85884
85885 AT & T Office
Fire
Maint.
85886 Northwestern Bell
85899
85900
85901
85902
MN State Fire Chiefs Assn, - Dues
Richard Murray - V.B,W.D,
Woodworks - Printer cover
Government Training Service - Planng Com Seminar
thru 85878 Park Shelter Workers
Patrick Klaers - March monthly expense
Lake Elmo Associates Ltd. - March rent
LMCIT - March Hosp.
Minn. Benefit Assn.
Allied Group Insurance Trust
Northern States Power - Fire Dept.
Maint. Dept.
Parks
Street Lights
Water Dept,
$ 33.68
9.06
14.93
0 fT ice $ 189.13
Fire 55.71
Maint. 51021
Park 16.01
446.61
493.90
367.90
648.68
306.46
45.00
530.50
287.50
17.50
177.58
100.00
1,755.98
1,359.78
52.00
76.94
20263.55
57.67
312.06
15.86
167.36
283.00
70.00
533.00
25.00
22.50
300.00
James McNamara - Feb. mileage - Lake Elmo $ 102.72 50.00
Mahtomedi 69.96 172.68
Mary Meyer - 2/26/-85-newsletter 50 00
Lillie Suburban Newspapers - Legal Publ. $ 51.82
Foreman Ad 54.60 106.42
Lake Elmo Hardwood Lbr. - Fire Dept. repair 14.04
Capital City Suburban - Dues 25.00
North Star International - Fire Dept. Truck repair 7.00
General Safety - Fire Dept. - Truck repair (accident) 411.80
American Typewriter - Office Supplies
Curtis 1000 - Bldg. permit forms
Hagen Office Equip. - computer service agreements
Doug Banyon - Update Utility system
LMCIT - Workers Comp Audit for 1984
MN City Management Assn, - Dues
Four Seasons - coffee
Gerald Dahlberg - Animal Control officer - Feb.
Oakwood Animal Hospital
85903 thru 85915 March 15th payroll
__ 6,500.00
Total $ 15,989.72
February 28, 1985
TO: City Council
FR: Patrick D. Klaersv City Administrator
RE: Informational Memo for March 5, 1985 City Council Meeting
1" Two items on the 3�5�85~Cg���il~�g��d� just received Planning
Commission recommendations at its last meeting on 2-25-85" These Qgft
Planning Commission minutes are included at the beginning of the agenda
packet with the draft 2~^19 and approved 2-5 City Council minutes" On both
of these items, the code amendments and the Bishop application, received
favorable recommendations from the Planning Commission; and, the Council
has expressed a desire to review these minutes prior to consideration of
issues and applications.
Additionally, a memo on the applications for the City Attorney position
will be delivered on Monday" All of the proposals that were received by
the City staff and opened on 2-25-85, along with the current City Attorney
retainer contract and a brief tabulation summary was sent to all Council
members earlier this week. This memo will review the applications in a
general nature in order to raise question that need addressing during the
interview phase"
2" Attached for your information is the most recent
dated 2~^26-85" This edition highlights articles on the landfill
irrigation/ the search for a new forman and the office space committee,
3" The staff held an
JAR along with the Planning Commission Chair and Vice Chair to discuss
the highway corridor overlay district and proposed comp plan amendments.
This meeting was well attended by landowners. The proposal was discussed
in detail and fairly well received by the property owners" They
understand that this is somewhat of a compromise which allows the property
owners to retain their future commercial designation along I-94 in the
Comprehensive Plan and yet allows the City more control over the intensity
and type of development along the corridor.
In later March, we will be moving forward to the public hearing stage
before the City Council and Planning Commission for both the zoning code
proposal of a highway corridor overlay district and the related
comprehensive plan amendments.
4" Attached for your information is some
This material is a proposed ordinance which
regulates the activities that takes place in county and regional parks.
The cover letter from Jack Perkovich requests feedback on this ordinance
by Friday, March 15, 1985^ Lake Elmo representative on the Park and Open
Space Committee, Gary Horning, called and asked that this material be sent
to all the Council members. Any individual council member feedback on
this proposed ordinance can be given to Gary by a simple phone call. If
the Council would like to discuss this in more detail, they can add it to
the 3-5'-85 agenda or it could possibly be discussed in more detail at the
3-19~85 meeting. The next Park and Open Space meeting where this
ordinance will be discussed is on Thursdayv 3-21" Note that the Lake Elmo
Park Commission meets on 3-18-85"
Since we do not have time to discuss every point presented, it may Seel,
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
March 5, 1985
6:00 p.m. Review of City Attorney proposals
7:00 p.m. Meeting Convenes
1. Agenda
2. Minutes: February 19, 1985
3. Claims
4. Public Inquiries
l
5. City Engineer's Report
A. Public Hearing for zoning code road frontage
variance,.south of the railroad tracks and
east of 31st Street North, application by
Joseph Kaiser
B. Animal. Inn CUP Amendment, application by Charles
Anderson, for the construction of a 50' x 136'
dog training building
C. Slawson large lot subdivision application for
two 40 acre parcels, 1/4 mile south of Highway 36
and west of Keats Avenue
D. Bishop/Thomssen application for rezoning from
RR to R-1, concept approval of plan for 35 lots
and preliminary plat approval for phase I
(11 lots) at SE corner of Stillwater Boulevard
and Inwood Avenue
----------------------------------- BREAK ------------
----------------------
(over)
E. Schaefer Contracting fill permit
F. 509 Plan: Lake Elmo recommendations to
VBWD (including discussion on existing
"A rule")
G. Discussion: Spring season flooding
possibility and pumping water from Lake Jane
(and maybe Sunfish Lake)
H. Fire Department truck specifications
I. Dick Herold from Washington County to discuss
1985-87 construction plans on County road 15
and. 13B
J. Other
6. City Council Reports
7. City Administrator's Report
A. Code Amendment consideration:
1.
Section
205 - Fire Department
2.
Section
210 - Parks Commission
3.
Section
204 - Planning Commission
4.
Section
401.380 - Street Access
5.
Section
301.070 - Cluster Development Standards
6.
Section
301.070 - AG and. RR Zone - Minimum
District
Requirements `
7.
Section
301.070 and Section 301.130 _
relating
to Accessory Structures
B. Planning Commission appointments
C. Office Space Committee appointments
D. Other
i
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p.. 61. M.
wo O. M.
THE LOCATION OF THE FOLLOWING 3-5-85 CITY
COUNCIL AGENDA ITEMS ARE INDICATED BELOW:
5A, 5B, 5C, 5D, 5E, 5G, AND 51.
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