HomeMy WebLinkAbout07-07-87 CCMSince 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.
7:00 p.m.
7:05 p.m.
AGENDA
LAKE ELMO CITY COUNCIL
JULY 7, 1987
MEETING CONVENES
1. Agenda
2. Minutes: June 16, 1987
June 22, 1987
3. Claims
4. Landfill Citizens Committee Update
7:15 p.m. 5. Public Inquiries
A. Water Level on Lake Elmo
7:30 p.m. 6. PUBLIC HEARING: Legion Pond Pumping Project
and Water Elevation
8:15 p.m. 7. PLANNING, LAND USE AND ZONING
A. Final Plat Approval: Lake Elmo Heights
2nd Addition,
B. Resolution on Illegal Subdivisions
C. Shoreland Permit -- George Everitt,
4460 Jack Pine Trail N.
8:30 p.m. 8. CITY ENGINEER'S REPORT
A. 201 Program: Time Extension for Widmer, Inc.
B. MSA Project Feasibility Study:
47th Street
9:00 P.M .----------------B R E A K ------------------------------
9:05 p.m. 9. CITY COUNCIL REPORTS
A. Planning Commission Chairperson
10. CITY ADMINISTRATOR'S REPORT
A. 198b AudiAUdit Recommendations
11. Adjourn
LAKE ELMO CITY COUNCIL MINUTESLd�9'd?��
JULY 7, 1987
Mayor Christ called the meeting to order at 7:02 p.m. Present were
Christ, Graves, Moe, Johnson (arrived 7:07), Armstrong (arrived 7:
10). Also present were City Administrator Oberby, City Engineer
Bohrer, City Attorney Knaak and Finance Director Banister (arrived
9:00).
1. Agenda
M/S/P Graves/Moe - To approve the agenda as presented. (Motion
carried 3-0)
2. Minutes: June 16, 1987
June 22, 1987
M/S/P Graves/Moe - To approve the minutes of the June 16, 1987 City
Council meeting as presented. (Motion carried 3-0)
M/S/P Graves/Moe - To approve the minutes of the June 22, 1987
special City Council meeting as presented. (Motion carried 3-0).
3. Claims:
M/S/P Moe/Graves
To approve Claims 88928 thru 89009 in the amount of $70,003.99 (which
includes the addition of the City Administrator's June expenses in the
amount of $63.40). (Motion carried 4-0)
4. Landfill Citizens Committee Update
Dan Novak representing the Landfill Citizens Committee advised the
council that the expenses incurred by the Committee to date amount to
$1038.47.
Novak also noted that the Committee received a quote from George
Crocker of the North American Water Association in the amount of $40
per hour. Mr. Crocker would perform the following tasks for this fee:
(1) Establish a network between Lake Elmo's Landfill Citizens
Committee and similar committees throughout the Metro area; (2)
Provide technical EAW input, and would be able to provide this data on
a very short time basis; (3) Provide landfill alternatives; (4)
Provide political opposition strategy.
Novak also advised the council that the Environmental Assessment
Worksheet (EAW) began July 7, 1987. This worksheet takes 25 days and
proceeds the Environmental Impact Statement. Novak feels that Crocker
would be able to provide data that he has already compiled that would
have to be addressed in the Environmental Impact Statement. Novak
doesn't feel that the Landfill Committee nor our attorney would be
male to sempile this information within the 25 days that is allowed for
the EAW.
Lake Elmo City Council Minutes for July 7, 1987 Page 2
Novak also advised the council that a meeting is scheduled with
Willard Munger for Thursday, July 16, 1987 at 9:00 a.m. in Room 400 of
the State Office Building. The purpose of this meeting is to rebut
the response from the MPCA regarding the questions relating to the
siting process of the Lake Elmo Landfill.
Novak also advised the council that County Commissioner, Russ Larkin
has prepared a resolution that he will present to the County Board in
which he asks the County Board to take the position that they will not
break the covenants and will oppose any effort by the Met Council to
redefine or alter the covenants to permit a landfill in the Regional
Park.
The Landfill Committee will also have a booth at the Washington County
Fair in which they intend to get a petition signed by residents in
Washington County (outside of the immediate Lake Elmo area) tc oppose
bre'.;inr t.le covenants that could allow the landfill in the Regional
Park. Funds for this will come out of the $1500 that has been
allotted to the Landfill Committee.
Novak also stated tIio; 1. C-. (,;_ " ' Elmo needs to establish,
household recycling program (, ther than the compost site).
5. Public Inquiries
A. Water level on Lake Elmo
As stated at prior meetings, Mr. and Mrs. Eisle have concern with the
damage done to their property with the lowering of Lake Elmo. In
Eisle's conversation with Nels Nelson, Engineer for Valley Branch
Watershed District, there has been some dispute or error over the
benchmark of the Lake. The permit issued by the DNR was for 884.5 not
884 as proposed by the VBWD. The Eisle's asked the City's assistance
in their attempt to have recinded the $2000 assessment to their
property for the supposed benefit of the lake being lowered, and
support in getting the VBWD to restore their property so they will
continue to have lakeshore.
The DNR would have to issue a permit to clean-up the area, and there
are public hearings and procedures that the DNR must follow before
issuing a clean-up permit, and this process takes 45 days.
City Attorney Knaak stated that if the City would financially assist
in the public enhancement (of the Eisle's private property) without a
direct justifiable overall City benefit, the City could expose itself
to subsequent actions by acting outside of the scope of the City's
authority. There would be no direct benefit to the entire City, and
therefore City funds cannot be spent on private enhancement of
property.
Christ pointed out that he has more sympathy for those people that
built 25 years ago when the water level was low who have suffered with
water in their homes. The homes on Lake Elmo that have lost lake
frontage were recently built and required variances to be built, which
shnu l rl nPVPr haves ht-p l a 1 1 nsaPrJ T4P fi] l l y si1ppart s Lake Elmo at its
Lake Elmo City Council Minutes for July 7, 1987 Page 3
current level, and would like to see it lowered even more, if
possible.
M/S/P Graves/Moe - To adopt Resolution 87-31 whereby the City of Lake
Elmo will ask the Valley Branch Watershed District to look into the
request of the residents of the area on Lake Elmo to see what can be
done to ameliorate the situation; either dredging to restore the
property or recinding the $2000 assesslf�nt against the property.
(Motion carried 5-0) (Copy of resolution attached and made part of
these minutes).
6. Public Hearing: Legion Pond Pumping Project and Water Elevation
Pursuant to published notice, Mayor Christ called the public hearing
to order at 7:53 p.m.
City Engineer, Larry Bohrer advised the council that there was an
error in the hearing notice. The purpose of this meeting is to
consider whether a lower level of Legion Pond should be considered.
The DNR regulations say that a body of water (such as Legion Pond) can
be lowered 1-1/2 feet below its Ordinary High Water Mark (OHWM).
Legion Pond's present OHWM is 883.5. The DNR will only consider a
lower level if (1) a public hearing is held on the proposed lower
level to receive input from the public for or against whether a lower
level should be approval for Legion Pond.
There was no public comment regarding the proposed level of 882.0,
although many residents from Legion Pond were present.
Mayor Christ closed the public hearing at 7:58 p.m.
M/S/P Johnson/Graves - To request that the DNR permit Legion Pond to
be lowered to 882.0. (Motion carried 5-0).
7. Planning, Land Use and Zoning
A. Final Plat Approval: Lake Elmo Heights 2nd Addition
The City Engineer advised the council in his memo dated July 1, 1987
that he reviewed the proposed final plat of Lake Elmo Heights 2nd
Addition for conformity to the preliminary plat and Subdivision Code
and found that it was in conformity. The surveyor has also supplied
the certificate as to the measurement of 153 and 155 soils as mapped
by the Soil and Water Conservation District, and the City Engineer
recommended approval of the final plat.
Dan Novak expressed concern that the applicant knew that preliminary
plat approval for Lake Elmo Heights 2nd Addition had not been granted
prior to the moritorium. As stated in the City Engineer's report of
April 24, 1987, the "temporary" cul-de-sac "could not be extended
until sewer was available". Identifying the cul-de-sac as temporary
has future implications, Novak feels, and is in direct conflict with
the Comprehensive Plan. This is one of the reasons the Planning
Commission voted to recommend denial of the preliminary and final plat
of Lake Elmo Heights 2nd Addition. By approving this final plat,
Lake Elmo City Council Minutes for July 7, 1987 Page 4
Novak felt the council was providing the applicant with future
justification for development of the western half of the property and
with it the real possibility of sewer.
Armstrong stated that she felt the cul-de-sac came in the back door.
The motion approving it was without benefit of a public hearing and
before Preliminary Plat approval was given. The specific reason for
the cluster and the resulting outlot was to retain open space and in
permitting this te-mperary cul-de-sac extension to the western boundary
of the cluster, the very purpose of the Outlot is defeated. This is
entirely contrary to the motion regarding preserving open spaces in
the Outlot of this plat voted on by this council on April 7, 1987.
The Developer has every intention of filling in this land with dense
housing. The soils in the outlot are so very poor as to prevent any
development that is not sewered. There is no sewer availability for
this land in the forseeable future. The lift station the developer is
counting on to provide sewering for this land is intended for and is
being paid for by landowners in Oakdale. This should have been
platted so that the cluster in the Northeast corner is self-contained
and not giving the impression to a future land owner of the outlot
that they are entitled to a sewered development simply because the
council in 1987 voted yes to something that didn't apply to what was
before them.
The applicant responded that it would be written in to the developers
agreement that only one house would be allowed on this outlot. Also,
the reference to future development is for if and when the rules and
regulations change and the property is allowed to be developed.
Christ stated he has no desire to sewer the outlot, and has no desire
to approve septic systems under our existing land use, but perhaps 40
years down the road it would be better that the road is there and has
the ability to go on. He feels there may be a definition problem with
"temporary" and has no objections to the plat the way it stands,
although his intent is not to open it up for future development.
Graves concurred with Christ and added that he thought the City was
showing some responsibility to our future generations by allowing this
street so when the environment does change - when there is a need to
develop this outlot, we won't have to tear up someones property to put
a road through. It is part of our minutes that our intention is to
leave this outlot as open space for the forseeable future - as long as
the Comprehensive Plan and our City Ordinances are as they exist.
Armstrong felt the council would be hard-pressed to deny a future
applicant's contention that by allowing the temporary cul-de-sac the
intention of the council was to permit further development when
requested. She felt this plat could have been developed in such a way
so as to not leave this road hanging in the middle of an outlot.
M/S/P Graves/Moe - To adopt Resolution 87-33 grant Final Plat
approval to Lake Elmo Heights 2nd Addition subject to the
recommendations of the City Engineer and incorporating the conditions
of the Preliminary Plat approval given on June 16, 1987, and subject
to applicant complying with the recommendations of the Washington
Lake Elmo City Council Minutes for July 7, 1987
Page 5
County Public Works Department, and subject to City Attorney's written
approval of the developers agreement, and subject to listing the
partnership members as required in city code section 401.240 B.l.C.,
and subject to park dedication fees of $250 per lot. (Motion carried
4-1 <Armstrong>)
Johnson reiterated that there be no question remaining that outlot A
is to be platted so as to allow nothing more than one single family
dwelling.
B. Resolution on Illegal Subdivisions in Lanes DeMontreville
Country Club.
M/S/P Graves/Moe - To adopt Resolution 87-32 prohibiting illegal
subdivisions in Lanes DeMontreville Country Club. (Motion carried
5-0) (Copy of resolution attached and made part of these minutes).
C. Shoreland Permit: George Everitt, 4460 Jack Pine Trail N.
The City Engineer stated there were no variances required with this
request, and there were no concerns with the DNR.
M/S/P Moe/Graves - To grant a Shoreland permit to George Everitt,
4460 Jack Pine Trail N. for the purpose of constructing a garage.
(Motion carried 5-0)
8. City Engineer's Report
A. 201 Program: Time Extension Request from Widmer, Inc.
Widmer, Inc. has requested a five week extension. Their completion
date was June 3, 1987, and the extension request is until July 7,
1987. The reason for the time extension request was the unseasonable
wet weather last September that didn't allow them to get a timely
start. As of June 3, 1987, all of the systems were in the ground.
Most of the landscaping was completed but some of the sodding wasn't
completed.
The City Engineer stated the time extension did not cause the project
to incur any additional costs for construction or inspection, or to
property owners, and recommended that there be no penalty assessed by
the City to Widmer for going over the contract time.
M/S/P Johnson/Moe - To issue a change order to Widmer, Inc. granting
an extension of time of completion from June 3, 1987 until July 7,
1987 for work done on the 201 Project with no penalty assessed by the
City to Widmer for going over the contract time. (Motion carried
5-0).
B. MSA Project Feasbility Study: 47th St.
The City Engineer reviewed the upcoming public hearing for the 1987
MSA Project. There are 7 property owners involved. Two of these
property owners do not directly abut the property, but via a private
road easement, are provided access to this road. In past situations
Lake Elmo City Council Minutes for July 7, 1987 Page 6
similar to this, the council felt that having access constituted
having a benefit even though their property did not directly abut the
street. Past MSA projects have been assessed to each individual lot
on the basis of having access to an improved City street. They
benefit in the same degree, regardless of lot size or how much
frontage they have on the street. The benefit is improved access, not
the amout of frontage. The proposal is is assess the project equally
into 7 units. The only costs that are not eligible for State Aid
reimbursement is if there is some legal fees (right-of-way
acquisition) or excess engineering over and above the percentages
allowed by the State Aid rules.
The Engineer pointed out that there is no platted right-of-way and no
dedicated road easements, but the public still has a right to use this
road - "a prescriptive right". The road has been in existence for a
certain number of years, the public has used it continuously without
challenge or interruption and therefore the law says the public has
the right to continue using it.
A concern raised previously was the preservation of some of the trees
along 47th Street, and the City Engineer was instructed to see what
could be done to save the trees.
The present State Aid rules state that on a rural road, there has to
be an area called a "recovery area". It has to be free of obstacles.
If a car were to leave the road it would not strike something and
cause bodily injury and property damage. The rule for this road would
be a recovery area of 20 feet (measured from the edge of the
blacktop). The blacktop is 12 feet wide and a recovery area of 20
feet would make a clear zone of about 32 feet either side of the
center line of the road. That is the rule that is causing difficulty
in trying to save Steven's two large Oak trees. An urban type road
(with curb and gutter) has a different standard applied. Basically,
with a curb the physical objects only have to be at least 2 feet
behind the curb. The object is that the curb provides some type of
protection of deflection if a car is getting close to going off of the
road. The use of curbs on a rural type road are not automatically
approved. It is at the discretion of the District State Aid Engineer,
but earlier discussions have indicated that curbs could be used in
this manner.
The Engineer adivsed the council that he has developed a design that
he believes meets the intent of the council. However, there are other
trees along the project path that he feels should be given equal
treatment (not just the Steven's trees).
Graves questioned if this curb proposal is acceptable on a 40 mph
speed limit road, and asked if this proposal would be acceptable
according to safety standards or are we creating a hazardous
situation. Bohrer responded that in his opinion a curb does not
prevent someone from leaving the roadway. Even a six-inch curb (which
is considered the maximum height) would be easy to get over. Bohrer
reiterated that approval of a curb used in this fashion is at the
discretion of the District State Aid Engineer. If he recommends that
this design be approved, the Central Office of State Aid will go along
Lake Elmo City Council Minutes for July 7, 1987 Page 7
with it. There are some guidelines in the design manuals that
indicate that it (the curbs) would be a safe situation.
Bohrer further stated that moving the road North would require
property acquisition from the property owner on the North. If the
City choses to go with this proposal, the City should, to clear up the
matter of right-of-way, negotiate with the property owners (on the
south side) to see if they will dedicate a road easement (about from
the fences to the section line). On the north side, there will be some
right-of-way acquisitions needed from Mr. Sullwold (approximately 1/2
acre) .
It was the consensus of the council to proceed with the proposal as
presented by the City Engineer; ie: To proceed with designing the
street by moving it 4 feet to the north and using the curb design in
an effort to preserve the significant trees, contingent upon approval
from the State Engineer, and the City Engineer should prepare for the
public hearing based on this proposal.
Bohrer also commented that some of the Oak trees will require some
trimming of the lower branches, and some of the non -specimen trees
will have to be removed.
The Mayor called a recess at 8:55 p.m. and the meeting reconvened at
9:05 P.M.
9. City Council Reports
A. Alledged Planning Commission Improprieties
Council member Moe distributed a letter from Oakdale's City Planner,
Brent Brommer, addressed to Steve DeLapp, Planning Commission
Chairperson regarding the Federal Land proposal.
Council member Moe stated that he recently talked with the Brent
Brommer, the City Planner from Oakdale. Brommer mentioned that he had
been talking to the Planning Commission Chairman from the City of Lake
Elmo in regards to a proposal that he was trying to sell or give to
the City of Oakdale that had something to do with the Federal Land
Company. Moe said he asked Brommer if he would explain a little more
about what he (DeLapp) was doing, and Brommer responded that he
had been calling him on the phone, and had stopped into the office and
requested a letter be sent in response to his questions to the City of
Oakdale._ Moe questioned who gave DeLapp any authority to speak for
the City of Lake Elmo. Moe further asked DeLapp if he knew the
purpose of the Planning Commission, and asked DeLapp for an
explanation of the letter that was sent to him from the City of
Oakdale, and asked DeLapp if he did or did not try to sell the Federal
Land proposal to Oakdale.
DeLapp responded that a $20+ million project is quite significant to
the City of Lake Elmo. The proposal to put this project on land that
is zoned Rural Residential with a future land use map of farming was a
notable item that people should be aware of. DeLapp said he checked
the City Ordinance which states that property owners within 350' of
Lake Elmo City Council Minutes for July 7, 1987
Page 8
the property in question be notified of the proposed project, and at
the discretion of the Planning Commission other persons may be
notified. He said his first concern was to notify the (Lake Elmo)
Bank, as Federal Land's proposal calls for two banks. Also, the City
Ordinance states that when you have a zoning change or possible
amendment to the Comprehensive Plan, the City is to notify the
Metropolitan Council, if the proposal is of Metropolitan significance.
DeLapp stated that what he did, knowing there was a race track being
supported by Oakdale, and a variety of things going on in Woodbury,
was solicit comment from these adjacent communities. He contacted
Woodbury's Planner to advise him of th public hearing on the Federal
Land proposal, and asked him if Woodbury would like to comment on this
proposal. DeLapp also contacted Oakdale's Planner with the same
information. Oakdale's response was this was the type of development
Oakdale was looking for as they had land zoned for it.
Moe stated that DeLapp should answer whether or not he knows the
purpose of the Planning Commission. If he doesn't know the purpose of
the Planning Commission, he has gone beyond the bounds as a Commission
member by making contact with other communities.
DeLapp responded that if the City had a larger staff, perhaps it
wouldn't be necessary for the members of the Planning Commission or
City Council to share in the volunteer work in this town.
Moe responded that the duties of the Planning Commission is to make
recommendations on planning, review and recommend applications on
subdivisions, look at zoning applications, review PUD's and review
site and building plans, as provided by Ordinance. That is what the
Planning Commision is mandated to do by State Statute, and that is all
they are required to do. Moe further stated that comments have been
made to him such as "can't you control your Planning Commission"?
Christ stated that the City does not control the Planning Commission,
and we better hope that the City never does have that control.
When asked for a legal opinion, the City Attorney stated he had not
yet heard any specific illegality. Regarding the letter from Oakdale,
Knaak added, if there was some representation made that the Chairman
of the Planning Commission was in someway acting on behalf of the
City, it would be for the Council to decide if it would be cause for
any kind0reprimand, removal or guidance. The purpose of the Planning
Commission is specified in the City Code. If what Moe is suggesting
is that there was representation made that was inappropriate, it is up
to the Council to determine whether or not that would constitute just
cause for removal. Knaak suggested that the Council very carefully
define what it feels would be appropriate or inappropriate behavior,
and in this case, make a specific finding of wrong -doing. Because
there is no clearly established procedure in the Ordinance, it seems
that the solution is if the Council finds there has been a wrong -doing
in this particular case, something in the nature of direction as
opposed to removal might be more appropriate.
DeLapp responded that in talking to the professional staffs that deal
with the Planning Commission's of Woodbury and Oakdale, the thought
Lake Elmo City Council Minutes for July 7, 1987 Page 9
that they would misunderstand his role did come up, although he made
it very clear exactly who he was and what he was and was not capable
of doing. These people know, by State Law, what a Planning Commission
Chair can or cannot do. However, both cities expressed their thanks
for informing them of this proposal. In fact, in a subsequent
conversation with Oakdale's Planner he said we acted very responsibly
and professionally.
Johnson stated that as a former Chairman of the Planning Commission,
he would have thought it to be very appropriate to go to another city
and tell them about a proposed major development within the City of
Lake Elmo and ask for their input. He felt the actions that DeLapp
took were totally appropriate. He is chagrined about this
inappropriate action taken by Moe. He feels Moe reacted to a piece of
information, without consulting with DeLapp as to exactly what he did.
Moe has brought this before the Council and Johnson feels at best this
is an attempt at character assasination. Johnson said Moe told him in
an earlier telephone conversation that it was Moe's feeling that
DeLapp has spoke with the City of Oakdale and asked the City of
Oakdale to make a favorable response that they would like to have
Federal Land Company in their City so it wouldn't end up in Lake Elmo,
and that DeLapp had used that in getting the project terminated as far
as being located in Lake Elmo. Johnson further stated that he desires
to somehow bridge the gap that is developing in this City.
Christ stated that he not only supported the actions of DeLapp, but he
also applauds these actions. He feels that if other communities were
more open with their plans we wouldn't be hearing through the back
door about race tracks and tire recycling plants in our neighboring
communities or right next to major residential developments in our
community. He further stated that Moe is talking about removing from
office an individual that has done nothing but tremendous good for
this community and has spent countless hours for the betterment of
this community and feels Moe is doing this for political reasons - and
finds this totally incredible, in fact one of the most incredible
things he has every heard and doesn't feel the rest of the people at
the meeting need to be subjected to this stupidity.
Moe asked that the City Attorney draw up some guidelines as to what he
previously stated.
Christ responded that that would require a majority vote of the
council, and suggested that the City send a letter of apology to
DeLapp for the totally inappropriate allegations Moe -kas VVIaAp,
Lake Elmo City Council Minutes for July 7, 1987 Page 10
M/ Moe/ That the City Council strongly censor Steve DeLapp for the
inappropriate action he has taken without any authority from the City
Council. (Motion failed for the lack of a second).
M/S/P Armstrong/Christ - To commend Steve DeLapp for the fine work
that he has done for the City; that he goes above and beyond the call
of duty, and he has done a fine job for the City. (Motion carried 4-1
<Moe> )
Graves stated that he felt it is good to inform our neighboring
communities of proposals before the City of Lake Elmo, but has a
concern that it is inappropriate (and whether Mr. DeLapp did or did
not do this he does not know, and we will probably never know) for
anybody to try and sell proposals that are in Lake Elmo to our
neighboring communities. Graves feels we can use this issue as
guidance in the future, and suggested that the City Administrator be
used as a clearing house for this type of inter -community contact.
Graves feels we should utilize the City Administrator - that is one of
his functions, to act as coordinator of the day-to-day activities of
the City.
The City Attorney emphasized that if there is to be a lesson learned
from this, it is that communications dealing with zoning matters -
within the City or outside the City, should be in writing.
Armstrong congratulated DeLapp for doing things right and for
becomming very effective in the community. She feels he must be doing
something right because he has become the subject of another smear
tactic - the same type of smear tactic which was used against her
husband by Mike Mazzara for an alledged illegal business on their
farm, and also by Moe against Bruce Dunn for an allegedly not having a
building permit. Trying to discredit people by scurrilous
accusations, and threatening to go to the Newspaper with this if it
wasn't brought up at the meeting tonight. I think we have said once
and for all, this is not going to happen in this City.
Dan Novak spoke as a friend of DeLapp's, as a former Planning
Commission member and as a concerned citizen. Since DeLapp's
appointment to the Planning Commission, he has been a significant
contributor as a volunteer in the construction of the new city hall
and the revision of the Comprehensive Plan. Novak added that his
reaction to Moe's attempt to publically humiliate and intimidate a
community volunteer and friend is unethical, unprofessional,
inappropriate and unnecessary for a council meeting. He resents this
attempt to publicly hang out our dirty laundry without first making an
attempt to resolve this issue at the lowest level, and is personally
embarrassed for the City for this (Moe's) conduct. The need for a
code of conduct for the city was identified 6 to 8 months ago and
Novak would like to see that code removed from the back burner and made
a priority. This issue reeks of a political nature.
Moe stated that when speaking with the Mayor on the telephone, he
asked if this issue should be handled administratively or executively.
Christ stated that Moe said he wanted to bring it up before the
Lake Elmo City Council Minutes for July 7, 1987 Page 11
council, in fact, Christ added that Moe said "Steve DeLapp was a
dangerous individual".
Moe stated that he still believes that he (DeLapp) is a dangerous
individual; not only to the City, but to this council.
Steve DeLapp suggested that the City continue the past practice of
joint Planning Commission meetings with the City of Oakdale (and
surrounding communities). Ann Buc�-ek stated that it is already in the
Planning Commission's work plan to meet jointly with surrounding
communities.
10. City Administrator's Report
A. 1986 Audit Resolutions
After discussion with Finance Director Marilyn Banister regarding
Interfund Audit Adjustments, the council took the following action:
M/S/P Graves/Moe - To adopt the following resolutions;
R87-34 - Close Revenue Sharing Fund - Transfer $1207 to
General Fund for Police Contract expenditures.
R87-35 - Close Equipemtn Certificate Fund - Transfer $5838
from General Fund.
R87-36 - Establish a Closed Bond Fund.
R87-37 - Close Water Bonds of 1962 - Transfer $62,935 to
Water Operating Fund for Maintenance Reserve.
R87-38 - Close Sewer Bonds of 1972 - Transfer $80,532 to
Street Bonds of 1974 and $11,165 to the Closed
Bond Fund.
R87-39 - Close Street Bonds of 1974 - The Green Acre special
assessments when paid will go directly into the
Closed Bond Fund.
R87-40 - Close Street Bonds of 1983 - Transfer $34,932 to 1983
Street Improvement Fund and $15,681 to the Closed
Bond Fund.
R87-41 - Close 1983 Street Improvement Bund.
Motion passed 5-0 (copy of resolutions are attached and made part of
these minutes).
The council called a budget working meeting for August 18, 1987 at
6:00 p.m. in the council chambers.
The meeting was adjourned at 10:00 p.m.
R87-31. Request VBWD rescind -special assessment to certain
R87-32 Prohibiting'illegal subsivisions in Lanes DeMontreville
County Club
R87-33 Lake Elmo Heights 2nd Addition Final Plat-.Approval
-R87-34-41 all relate to Interfund Audit Adjustments