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HomeMy WebLinkAbout04-17-90 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. AGENDA LAKE ELMO CITY COUNCIL APRIL 17, 1990 7:00 p.m. Meetings Convenes 1. Agenda 2. Minutes: April 3, 1990 3. Claims 4. Re.A.P.P. Report 5. Planning, Land Use and Zoning A. Public Hearing: Solid Waste Ordinance B. Conditional Use Permit Amendment Trans -City Investment - Outside Storage C. Petition to annex 13 acres from Oakdale Applicant: Thomas and Rosemary Armstrong D. Other 6. City Engineer's Report A. Bids for Improvement of 15h Street B. Review Feasibility Study for the improvement of Legion Ave., Lampert Ave., and 33rd St. and Laverne Ave. C. Other 7. City Attorney's Report s. City Administrator's Report A. League of Minnesota Cities Conference B. Staffing Update C. Purchase Request from Parks Department D. Other 9. City Council Reports 10. Adjourn DATE APPROVED: May 1, 1990 DATE ISSUED: May 11, 1990 LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 1990 Mayor Dunn called the City Council meeting to order at 7:00 p.m. in the City Council chambers. Present: Dunn, Hunt, Williams, Graves, City Engineer Larry Bohrer, and Administrator Kueffner. Absent: Armstrong. 1. AGENDA Add: 8D. Parks Commission Request for Weed & Feed, BE. Resolution Proclaiming Minnesota Volunteer Week, 9. 5-Year Programs for City Departments M/S/P Graves/Hunt - to approve the April 17, 1990 City Council agenda as amended. (Motion carried 4-0). 2. MINUTES: April 3, 1990 M/S/P Graves/Hunt - to approve the April. 3, 1990 City Council minutes as amended. (Motion carried 4-0). 3. CLAIMS M/S/P Williams/Graves - to approve the April 17, 1990 Claims #93154 thru #9321.7 as presented. (Motion carried 4-0). 4. REAPP REPORT Todd Williams reported Ellen Sampson advised him that contacts are being made between DPRA, the Attorney and the County. 5. PLANNING/LAND USE/AND ZONING: A. PUBLIC HEARING: Solid Waste Ordinance Mayor Dunn opened up the public hearing at 7:06 p.m. in the Council chambers. The Public Hearing notice was published in the St. Croix Valley Press on April 4, 1.990. There was no one to speak for or against the application. The Solid Waste Advisory Committee had reviewed this ordinance and recommended, unanimously, the Council adopt it. Mayor Dunn closed the public hearing at 7:08 p.m. Administrator Kueffner pointed out in Section 801.070 the following sentence will be added; "Upon the adoption of this ordinance, the City of. Lake Elmo will prohibit waste incinerator facilities and/or solid waste rubbish or garbage disposal facilities from being located within the City of Lake Elmo." In Section 902.040 COLLECTION: (Revised as follows) All collection of recyclables shall be at curbside on the boulevard. Those recyclables LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 1990 PAGE 2 shall be in a clearly identifiable manner to be designated by the City staff. In Section 802.090 LAND DISPOSAL OF YARD WASTE: Delete "of 1980" and add all the amendments included with the Minnesota Waste Management Act. M/S/P Williams/Graves - to adopt Ordinance 8029, as amended on 4-17-90, Amending Section 801, and adopting 802 of the Lake Elmo Municipal Code. (Motion carried 4-0). B. Conditional Use Permit Amendment Trans -City Investment - Outside Storage At their March 26, 1990 meeting, the Planning Commission recommended approval of the amendment to Trans -City Investments Conditional Use Permit to allow for outside storage with the conditions listed in the minutes. This request was carried over until the April 9th P7 meeting, as there was some concern with the chemicals that are used by Etching Concepts and Glass Etc. The applicant provided a letter from Washington County, Dept. of Health for a Hazardous Waste Generator License for Glass Etc, and a copy of the water testing that was done on the site. Councilman Williams pointed out that in the existing CUP, Condition #11, states "No use allowed under this CUP should cause pollution, nor shall any hazardous materials be stored on the site", and he indicated there was an apparent violation of the CUP provisions. He has spoken to the Building Official, Fire Dept. and the City Attorney. The City Attorney advised him the Council should postpone consideration of this amendment request until such time as confirmation is made whether or riot hazardous materials are being stored on the site. Williams made it clear it was not his intention to drive anyone out of business, but because the language in the CUP is very explicit, this should be pursued. Mayor Dunn, Councilmen Hunt and Graves expressed no problem with the amendment to the CUP for allowing outside storage, but shared the concerti of hazardous materials being stored on the site. M/S/ Hunt/Graves - to postpone consideration of the amendment to the CUP for Howard Gelb, Trans -City Investments, to allow for outside storage until the May 1st Council meeting. M/S/P Williams/Hunt - to amend the motion to include to direct the Building Official, Kenneth Meyer of Wash. Cty, Kurt Lange-Admin. of Trans -City Invest, to make an inspection of the facilities to confirm or refute if hazardous materials are stored on the site. (Motion carried 4-0). 1979 LAKE ELMO MUNICIPAL CODE llevrl, 800 SOLID WASTE 801 SOLID WASTE DISPOSAL 802 SOLID WASTE ABATEMENT 803 OPEN BURNING OF REFUSE 801 SOLID WASTE DISPOSAL 801.010 Definitions A. The words "solid waste" for purposes of this ordinance shall mean garbage, refuse and other discarded solid materials, except animal waste used as fertilizer, including solid waste materials resulting from industrial, commercial and agricultural operations. "Solid Waste" does not include earthen fill, boulders, rock and other materials normally handled in construction operations. B. The word "refuse" for the purpose of this ordinance, shall mean putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue. C. The word "rubbish" for the purpose of this ordinance, shall mean nonputrescible solid wastes, including ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, fallen leaves', tree trimmings, parts of dead trees, wood glass, bedding, crockery, or litter of any kind. D. The word "garbage" for the purpose of this ordinance, shall mean discarded material resulting from the handling, processing, preparation, serving, and consumption of food. E. The words "solid waste collection" for the purpose of this ordinance, shall mean the gathering of solid waste from public or private places. F. The words "solid waste transportation" for the purpose of this ordinance shall mean, the conveyance of solid waste from one place to another, by means of vehicle, rail car, water vessel, conveyor or other means. G. The words "refuse collection service" for purposes of this ordinance shall mean, a private operation engaged in solid waste collection and solid waste transportation. H. The words "business of refuse collection" for the purpose of this ordinance, shall mean, operating a refuse collection service for hire. 801-1 1979 LAKE ELMO MUNICIPAL CODE I. The word "hauler" for the purpose of this ordinance means any person engaged in the business of refuse collection. J. The words "collection point" for the purpose of this ordinance shall mean, any residence, place of business or other place in the City of Lake Elmo with respect to which a hauler as defined hereunder has been hired for the purpose of collecting and transporting solid waste therefrom. K. A "farmer" for purposes of this ordinance shall be a person permanently residing on a tract of land of not less than 75 acres in the City of Lake Elmo and who farms such land as a predominant source of income. 4�), Qc,Mnr{ So 801.020 Purpose The purpose of this ordinance is to protect the public health, safety and welfare of the residents of the City of Lake Elmo by licensing and regulating the operation of refuse collection services within the City which licensing and regulation the City Council hereby determines to be necessary to insure the regular collection and transportation of solid waste and to eliminate the dispersal of solid waste along the streets and other areas in or near the City and to eliminate other and similar health and safety hazards which the Council finds now exist or are to be anticipated in the absence of such licensing and regulation. 801.030 License Required A. No person, firm or coporation shall engage in the business of refuse collection with the City of Lake Elmo without first having obtained a license from the City Council. B. Such license may be issued by the Council for the calendar year under the conditions prescribed by this Ordinance and upon payment of a license fee for certain occupations as set by the City Council by resolution. C. Revocation Every license issued under this Ordinance is subject to the right, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, violate any provision of the City Code, the laws of the State of Minnesota or any permit issued hereunder relating to this activity permitted by this license. Said license may be revoked by the City Council after written notice to the licensee. Which notice shall specify the Ordinance or law violation with which the licensee is charged. Ten (10) days notice of the hearing shall be given the licensee. At such hearig the licensee and his attorney may present and submit evidence in his defense. 801-2 1979 LAKE ELMO MUNICIPAL CODE D. The application shall include at least the following information: 1. Name of applicant 2. Address of applicant 3. Telephone number of applicant 4. Name of employer 5. Certificate of Competancy, License, Master Number and issuing authority, where applicable. 6. If self-employed, business name. 7. Set forth in detail applicants training, experience and other qualifications, if any, which tend to establish that he possesses the technical knowledge and ability required to plan, lay -out and supervise the work. 8. A list of communities where applicant is licensed and recent work performed in them. 9. An assurance that applicant agrees to abide by the Ordinance of the City of Lake Elmo relating to the installation, alteration, repair of service equipment, work, or construction licensed. 801.040 Bond Required No licnese issued hereunder shall be effective until the licensee shall have deposited with the Administrator a license bond in the penal sum of $1,000.00 conditioned on the licensee's compliance with the conditions of the license granted hereunder. 801.050 Regulations All collection and removal of solid waste within the City of Lake Elmo shall be performed in accordance with the following regulations: A. Responsibility for Collection The owner and occupant of any premises, business establishment or industry and/or the refuse collection service shall be responsible for the collection and transportation of all solid waste accumulated at a premises, business establishment or industry in accordance with this Section 801. 801-3 1979 LAKE ELMO MUNICIPAL CODE B. Frequency of Collections All garbage and all other solid waste small enough to fit in a 32-gallon can shall be collected and removed from each collection point at least once a week, unless the hauler and customer agree otherwise. C. Storage of Solid Waste The owner and occupant of any premises, business establishment, or industry shall be responsible for the storage of all solid waste accumulated at that premises, business establishment or industry in accordance with this Section 801. Garbage and similar putrescible waste shall be stored in durable, rust resistant, nonabsorbent, watertight, rodent proof, and easily cleanable containers, with close fitting, fly -tight covers and having adequate handles or bails to facilitate handling; other refuse shall be stored in durable containers or as otherwise provided in this Section. Where garbage and similar putrescible wastes are stored in combination wih nonputrescible refuse, containers for the storage of the mixture shall meet the requirements for garbage containers. D. Storage and Containers Except on days scheduled for collection, containers shall be stored out of view of the public street -or road. If curbside pickup is used, only container with the week's accumulation of solid waste shall be placed curbside on private property for collection. Except on collection day containers shall remain out of the view from the public street or road. Refuse collection employees shall replace any collection containers back on the curbside on private property. E. Effect of Failure to Pay Fees Notwithstanding any provisions of this ordinance to the contrary, no hauler need collect or remove the solid waste from any collection point if the customer for whom it is being collected is in default of any payment or payments required to be paid for such service under the contract or agreement existing between the hauler and such customer. 801.060 Exceptions Any farmer, as defined herein, shall be exempt from weekly collection provided, however, that solid waste accumulated on such farm shall be disposed of as provided by other applicable laws and regulations. 801.070 Disposal of Solid Waste, Rubbish, Garbage, incinerator Ash A. Purpose The purpose of this ordinance is to protect the public health, safety and welfare of the residents of the City of Lake Elmo against the adverse effects of landfills by prohibiting waste incineration facilities and/or solid waste, rubbish, or garbage disposal facilities from being located within the City of Lake Elmo. 801-4 LAKE ELMO MUNICIPAL CODE 802 SOLID WASTE ABATEMENT 802.010 The purpose of the policies set forth within this Ordinance is to reduce the amount of solid waste sent to landfills through source separation of recyclable items. This ordinance is intended to serve several purposes: 1. To raise the publics awareness of recycling and to make recycling services available to City residents. 2. To encourage recycling activity with the City of Lake Elmo. 3. To be prepared for a seemingly inevitable mandatory source separation ordinance which may occur at the discretion of the City of Lake Elmo, Washington County, and/or the State of Minnesota. 802.020 DEFINITIONS A. "Recyclable Materials" shall mean items of refuse which ar-e part of an authorized recycling program and which are intended fo-r transportation, processing, and manufacturing or reuse, including, but not limited to: paper, glass, aluminum and other metal cans and containers and corrogated cardboard. B. "Designated Recycling Program" shall mean a program for the collection and recycling of recyclable materials which is instituted, sponsored and controlled by the City of Lake Elmo and its contracted recycler. C. "Scavenging" ,shall mean the unauthorized collection of recyclable materials that have been specifically set out by residents of the City for the purpose of participating in curbside recycling programs. D. "Yard Waste" as it relates to this Ordinance shall mean uncontaminated leaves and grass clippings uncontaminated with foreign objects, such as tree trimings or brush. E. "Compost Site" An area designated by the City of Lake Elmo for residents to place uncontaminated leaves and grass clippings. 802.030 CURBSIDE RECYCLING The City of Lake Elmo has initiated a program in which every resident within the City is afforded the opportunity to voluntarily separate recyclable solid waste. The City of Lake Elmo will provide curbside pickup of recyclables base on the following conditions: 802.040 COLLECTION All collection of recyclables shall be at curbside on the boulevard in a clearly identifiable manner to be designated by the City taff. 802-1 1979 LAKE ELMO MUNICIPAL CODE 802.050 PARTICIPATION The initial curbside collection of recyclables shall be voluntary. Hereafter, this program may be supported by mandatory source separation at the discretion oftheCity of Lake Elmo, Washington County, or the State of Minnesota, pending further analysis. 802.060 MATERIALS TO BE PICKED UP AT CURBSIDE Items to be collected and instructions for preparation shall be uniform throughout the City. Material to be collected shall include, but not be limited to the following: A. Newspapers B. Corrugated Cardboard C. Glass (clear, green and brown) D. Aluminum and bi-metal cans. E. Batteries F. Special Items a. Tires will be picked up with recyclables at a cost determined by the City and the Contracted Recycler. 802.07-0 OWNERSHIP Ownership of recyclable materials set out for the purpose of participating in curbside recycling programs shall remain that of the person or household from which the materials originated until collected by authorized collector. Upon removal by the City or its designated agents or contractors from a designated collection point, ownership of properly prepared and stored recyclable materials intended for a City authorized collection program shall be vested in the authorized collector. Materials not prepared, cleaned or stored according to City specifications shall remain the responsibility and property of the individuals or household from which the materials originated. Nothing in this ordinance shall abridge the right of any individual or household to give or sell their recyclable materials to any recyclable material program. 802.080 SCAVENGING Unauthorized collection or "scavenging" may reduce the volumes of material collected as part of a designated program and thereby threaten the economic viability of the authorized program. Scavenging may also cause confusion among participating residents and thereby disrupt the publicity and educational processes .of an authorized program. To insure that a designated recycling program will be implemented in an orderly fashion and to avoid adverse effects on the public health, welfare, safety and environment, Of of it shall be unlawful for any person who is not authorized by Y Lake Elmo to take or collect recyclable material set out for authorized collection programs within the City. 802.090 LAND DISPOSAL OF YARD WASTE The Minnesota Winmixed Waste Management t , o Qn Act=s��, prohibits the deposit of yard waste (1 In a resource municipal solid waste; (2) In a disposal facility; (3) recovery facility except for the purposes of composting or co -composting, effective 1-1-1990. 802-2 1979 LAKE ELMO MUNICIPAL CODE In compliance with this State Law, the City of Lake Elmo shall prohibit the deposit of yard waste (1) In mixed municipal solid waste; (2) In a disposal facility; (3) In a resource recovery facility except for the purposes of composting or co -composting, effective 1-1-1990. The City of Lake Elmo will provide to its residents a place at which uncontaminated leaves and grass clippings may be deposited. This site, to be known as "The Lake Elmo Compost Site", will be open to the residents of the City of Lake Elmo at a regularly scheduled basis. Residents who use the Compost Site for the deposit of uncontaminated leaves and grass clippings shall remove from the site any bags or containers in which yard waste was brought to the site. 802.100 OWNERSHIP OF COMPOST The uncontaminated leaves and grass clippings deposited at the Lake Elmo Compost Site shall remain the property of the City of Lake Elmo. However, it is the intent of the City of Lake Elmo to make available to the general residential public the finished compost,on a first come, first serve basis. No motorized loading equipment, other than that used by the City of Lake Elmo, is allowed on the premises at any time for the purpose of obtaining finished compost without the approval of the City of Lake Elmo. 802.110 CITY'S COMMITMENT TO SOLID WASTE ABATEMENT Lake Elmo is firmly dedicated to the education of the public on the importance of natural resources protection and preservation and the many environmentally and socially responsible ways in which such reources should be used and enjoyed. To this end, the City of Ldke Elmo has resolved that in all aspects of its planning and operation, it shall demonstrate its long-range commitment to education, environmental ethics, and the protection and preservation of its and all natural resources by serving as a highly visible living example and role model of care and respect for the environment. The City of Lake Elmo shall become further involved environmentally and develop and agressively implement a highly visible recycling program that will effectively demonstrate, yet again, another example of its leadership in the protection and preservation of its natural resources. The City of Lake Elmo has implemented a curbside recycling program, and yard waste compost site, and commits to recycling in all City owned facilities including an in -park recycling effort made possible through education of park guests and general public as to the need for recycling; and will explore ways for broadening the program through intergovernmental cooperation and private enterprise. The City of Lake Elmo will make every effort to purchase recyled materials, which will include, but not be limited to paper. 802-3 May 25, 1990 Ms, Mary Kueffner City Administrator 3800 Laverne Ave, No Lake Elmo, MN 55042 Subject: [DPRA Contract and Rate Increase Request Dear Mary: The purpose of this letter is to respond to the request for new labor rates by Chris Lough, Vice President, DPRA, in his letter to you dated May 15, 1990, The increasedlabor rates amounts to approximately a 7% increase, This figure breaks down to 4% for cost -of -living and 3% for performance. Increased rates for the subcontractor to DPRA, Geraghty and Miller, are not included in this request. An increase from Geraghty and Miller is not anticipated. It is the recommendation of ReAPP that the labor rates be approved as requested for two reasons. First, our working relationship with DPRA has been excellent from the start. Initially, we asked for relief from their normal profit level and they complied. Also, contrary to normal business practices, DPRA does not add a percentage increase to billings they receive from Geraghty and Miller. Second, the performance of DPRA has met our expectations. Their work is competent, professional and timely. The new rates will increase the total cost for engineering services by $2937.00 to $101,035.00, or an increase of 3%. Please see the attached revised contract. Two points need to be made here. First, since this figure now exceeds $100,000.00, there exists the possibil- ity that funds from the appropriated $200,000.00 may have to be used to cover that portion of engineering services exceeding $100,000.00. Second, it may be possible, in the future, to delete or reduce in size some parts of the engineering contract as shown. In either case, these possibilities combined with the 10% contingency may provide flexibility to reduce the total actual outlays for engineering services to less than $100,000.00. Consequently, no monies would be needed from the appropriated funds for engineering services. We ask that this issue be put before the Lake Elmo City Council for the June 5, 1990 meeting, and that the amended contract be executed by appropriate individuals and forwarded to DPRA. Todd Williams cc: Chris Lough, DPRA Dan Novak LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 1990 PAGE. 3 M/S/P Hunt/Graves - to postpone consideration of the amendment to the CUP for Howard Gelb, Trans -City Investment, for allowing outside storage until the May 1st Council meeting in order for the Building Official, Kenneth Meyer of Wash. County, and Kurt Lange to inspect the said facilities to confirm or refute if hazardous materials are stored on the site. (Motion carried 4-0). C. Petition to Annex 13 Acres From Oakdale Applicant: Thomas and Rosemary Armstrong The Council received a copy of the petition of Thomas and Rosemary Armstrong for annexation of approximately 13 acres to Lake Elmo and a copy of the resolution, adopted April 10, 1990, by the City of Oakdale for detachment of said property. Staff explained, when two cities agree upon a concurrent detachment/annexation, it is done thru a joint resolution. Oakdale has already passed the resolution and once Lake Elmo adopts it, it is sent to the Minnesota Municipal Board for execution. M/S/P Williams/Hunt - to adopt Resolution No. 90-18 recommending that the Minnesota Municipal Board respond favorably to the petition of Thomas and Rosemary Armstrong for detachment of certain lands from the City of Oakdale and the concurrent annexation of same to the City of Lake Elmo, as recommended jointly by the City of Oakdale and the City of Lake Elmo. (Motion carried 4-0). D. OTHER Councilman Williams made the Council aware the City has already spent $2,125 on a planner and to keep in mind the budget included an expenditure of $3,500 for a City Planner for the entire year. 6. CITY ENGINEER'S REPORT: A. Bids for Improvement of 15th Street City Engineer, Larry Bohrer, reported bids for construction of 15th Street were received on April 12, 1990. BIDDER Amount of Bid T.A. Schifsky and Sons $169,147.93 Arnt Construction $174,336.91 E&H Earth Movers $174,728.10 Husting and Engstrom $178,147.75 F.M. Frattalone $181,640.55 Danner, Inc. $183,636.30 Central Landscaping $188,331.60 Shafer Contracting $190,982.25 Aero Asphalt $197,158.10 Alexander Construction $199,122.10 Valley Paving $264,825.75 Engineer's Estimate $206,379.00 LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 1990 PAGE 4 Bohrer has received State Aid approval, and he recommended that the contract be awarded to the low bidder, T.A. Schifsky and Sons, in the amount of their low bid of. $169,147.93; subject to easement acquisition. M/S/P Hunt/Williams - to award the contract for Construction of 15th Street to the low bidder, T.A. Schifsky and Sons in the amount of their low bid of $169,147.93; subject to easement acquisition. (Mot -ion carried 4-0). B. Review Feasibility Study for the Improvement of Legion Avenue, Lampert Avenue, and 33rd Street and Laverne Avenue City Engineer Larry Bohrer reviewed the Feasibility Studies for the improvements of Legion Avenue, Lampert Avenue and 33rd Street and Laverne Avenue. 1. Lampert Avenue The plan improvement is patching and a bituminous overlay. There are 7 benefitting lots from the road on the west side and 5, possibly 6, benefitting on the east site. The corner lots were assessed last year for 33rd Street improvements. There could be a minimum of 11 lots that are assessable with a maximum of 12 lots (includes 2 corner lots, each considered 1/2 of a benefitting unit). Construction of a 2" overlay is estimated: Total Cost $10,470. Assessment Rate: $952 using 11 lots, $873 using 12 lots. The Council supported being consistent with past policy; therefore, supported the 1/2 unit charge for the two corner lots. For purpose of the Public Hearing, Bohrer will prepare assessment rates on the basis of 11full lots and 2 @ 1/2 unit charge for corner lots. 2. Legion Avenue within Eden Park Addition The plan includes one-half mile of road, which was patched last year, needs to have a 2" bituminous overlay to strengthen what is remaining. Considered for assessments are 10 lots minimum with a maximum of 12 lots depending on Council approval for 1/2 unit charge for corner lots. Total Estimate Cost for a 2" overlay is $24,900. Range of Assessments, 10 minimum lots and 12 maximum lots = $2,493 to $2,077. Range of Assessments, 1 1/2" overlay with no contingencies are $1,700 to $1,416. The Council asked the City Engineer to come to the Public Hearing with what he considered the best engineering proposal based on his expertise and defend his recommendation for a 2" overlay with 12 maximum assessable lots (consider 1/2 unit charge for two corner lots). Other options considered are a 1 1/2" overlay and extending payment period to 7 years or 10 years, rather than 5 years. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 1990 PAGE 5 3. 33rd Street and Laverne Avenue - MSA Project This is the first Urban type Municipal State Aid street that Lake Elmo is considering and will have curbs and storm sewers. Present traffic count is 500 to 600 cars per day. Bohrer recommended a 34' wide road with parking proposed on the park side. Taking just 13 feet would leave an unusable private parcel between the road right-of-way and the railroad right-of-way. MSA funds will cover purchase of the entire parcel. Councilman Williams suggested that the extra -property might be -used for public parking, wliich is needed in the,01d Village area. Bohrer explained the drainage plan (which cannot be done without a road project), optional routes and preliminary costs. As most State Aid streets, the street construction, itself, is generally 100°% funded. In order to make drainage improvements in the Old Village area, we could combine money set aside for the drainage study, combined with a Municipal State Aid Project, combined with $40,000 of MSA Maintenance Funds and assessments. Discussion continued on financing such a drainage plan and assessing developed land and not assessing undeveloped land. Initiating a Storm Water District Ad Valorem Tax to pay off a General Obligation Bond over a specific area was an option to explore. Bohrer will continue to work on economizing the design by looking into other types of materials that would have a lower cost and asked the public hearing for reconstruction of Laverne Avenue and Upper 33rd street be held at the May 15th Council meeting. M/S/P Hunt/Graves - to call. a Public Bearing for the Reconstruction of Laverne Avenue and Upper 33rd Street for May 15, 1.990. (Motion carried 4-0). 7. CITY ATTORNEY'S REPORT: There was no City Attorney's Report. 8. CITY ADMINISTRATOR'S REPORT: A. League of Minnesota Cities Conference Mayor Dunn, Administrator Kueffner, and Councilman Williams, schedule permitting, will be attending the League of Minnesota's Annual Conference on June 12th thru June 15th in Duluth. Council member Rose Armstrong will. attend the mini -conference. B. Staffing Update Administrator Kueffner reported she was in the process of reviewing and amending the job descriptions of the City staff. She will try to have the review completed for the next Council meeting. LAKE ELMO CITY COUNCIL MINUTES APRIL 17, 1.990 PAGE 6 C. Purchase Request from Parks Department At its March 5, 1990 meeting, the Parks Commission requested permission to purchase a Tine Rake Dethatcher at a cost of $369 to be taken out of the Parks Fund. M/S/P Hunt/Williams - to approve the Parks Commission's purchase of a Tine Rake Dethatcher at a cost of $369 to be taken out of the Parks Fund. (Motion carried 4-0). The Parks Commission discussed having a commercial applicator come and give quotes for weed and feed for Kleis Park as an experimental project. A commercial applicator using a liquid application will guarantee results and there would be less chance of burning. Chem Lawn's quote for three applications at Kleis Park was $1200. Other commercial applicators will be contacted for quotes. The money will come out of the Park Fund. M/S/P Hunt/Williams - to authorize the Parks Commission to proceed with getting quotes from commercial applicators for a weed and feed project for Kleis Park with money to be taken out of the Park Fund. (Motion carried 4-0). The Parks Commission discussed the vandalism at Reid Park and asked. the claim for $628 be submitted to the insurance company. Windblown damage was done at Tablyn Park three years ago, with a repair cost of $1,1.16. The Commission asked this claim for $1,116 be submitted to the insurance company. If it is not approved, the commission asked Council approval for payment of $1,116 to be taken out of Parks Maintenance. M/S/P Graves/Hunt - to submit a claim to the insurance company for $1,1.16 for damage done at Tablyn Park. If payment is not approved, the Council approves payment of $1,1.16 for repair to be taken out of the Park Maintenance Fund. (Motion carried 4-0). D. Other 9. CITY COUNCIL REPORTS: Resolution Proclaiming Minnesota Volunteer Recognition Week: Mayor Dunn requested Council approval for a Resolution proclaiming Minnesota Volunteer Recognition Week, April 22 - 28, 1990 and recognizing the City of Lake Elmo Volunteers. M/S/P Graves/Dunn - to adopt Resolution No. 90-19, A Resolution Proclaiming Minnesota Volunteer Recognition Week and Proclaiming the week of April 22-28, 1990 as City of Lake Elmo Volunteer Recognition Week. (Motion carried 4-0). Councilman Hunt asked this resolution be inserted into the next City Newsletter with a list of volunteer organizations recognized by the City. LAKE ELMO CITY COUNCIL MINUTES Community Garage Sale: Mayor Dunn asked the staff to send Hardware, Lake Elmo VFW and Lampert community garage sale. APRIL 17, 1990 PAGE 7 thank -•you letters to Thompson Lumber for contributing to the 5-Year Programs for City Departments: Councilman Hunt asked each department (such as Fire Dept, Mtnce Dept, Parks Dept, Office) draw up a 5-year business program which would include identifying goals, staffing, CIP and special financial considerations. These programs will be reviewed by the Council for 1991. M/S/P Hunt/Graves - to request the staff prepare a report for a 5-Year Business Plan for each City Department for the Council by September 1, 1990. If this timing is too aggressive, the Administrator should come back and inform the Council. (Motion carried 4-0). Update on SW-1: Mayor Dunn reported Mary Luth will contact residents with high lead levels about a meeting. The County will. further investigate and will include surveys of the homes' plumbing systems and personal interviews with the homeowners. A meeting will be held with the Council and Washington County, to discuss the Oakdale water alternative, at City Hall on Thursday, April 25th at 4:30 p.m. Bohrer asked for more Council representation at these meetings. A meeting notice will be sent to the Council. Councilman Williams asked why were some homes being re-evaluated by the County and some were not? The Council requested a response from the County to this question in writing. M/S/P Graves/Hunt - to adjourn the City Council meeting at 9:30 p.m. (Mot -ion carried. 4-0). ----------------- Resolution 90-18 - Resolution recommending that the Minnesota Municipal Board respond favorably to the petition of Thomas and Rosemay Armstrong for deatchment of certain lands from the City of Oakdale and the concurrent annexation of same to the City of Lake Elmo, as recommended jointly by the City of Oakdale and the City of Lake Elmo. Resolution 90-19 - A Resolution Proclaiming Minnesota Volunteer Recognition Week and Proclaiming the week of April 22-28, 1990 as City of Lake Elmo Volunteer Recognition Week. Ordinance No. 8029 amending Section 801 and adopting 802 of the Lake Elmo Municipal Code AGENDA LAKE ELMO PARKS COMMISSION/CITY COUNCIL JOINT MEETING APRIL 16, 1990 7:00 P.M. 1. AGENDA 2. MINUTES: MARCH 5, 1990 3. WALKWAY EASEMENT TO DEMONTREVILLE PARK 4. EXCHANGE OF LAND WITH WASHINGTON COUNTY 5. APPOINTMENT OF TREE INSPECTOR/ORDINANCE AMENDMENT 6. ATHLETIC COMPLEX 7. PARKS CIP 8. OTHER 9. ADJOURN j April 12, 1990 To: Mayor and City Council Parks Commission From: Mary Kueffner Re: April 16, 1990 Joint Parks Commission/City Council Agenda Memo Walkway Easement to DeMontreville Park Both the City Council and Parks Commission should have had an opportunity to review the legal opinion we received from the City Attorney regarding this easement. The Parks Commission would like direction from the Council to resolve this question. Exchange of Land with Washington County Members of the Parks Commission have considered asking Washington County to trade the land Lake Elmo purchased for West Sunfish Park, for a piece of property that could be utilized by the City, possibly in the Regional Park. I believe Mark Busta has been involved in researching this project and should be able to update the Council at the meeting. Appointment of Tree Inspector/Ordinance Amendment Mike Bouthilet, who works closely with the Parks Commission on its projects, has suggested that the City consider amending Section 903 of. the Lake Elmo Code. After going to three years of Forestry School (and is a certified Forester), Mike feels that our ordinance is inadequate as it relates to diseased trees. I have copied Section 903 of our code along with a sample of an ordinance Mike proposes. If the Council and Parks Commission concur, the staff will work towards adopting this ordinance to fit Lake Elmo's needs. If the Council/Parks Commission choses to adopt a new ordinance such as proposed, we will have to appoint a Tree Inspector. Based on his training, and work with the Parks Commission, I would recommend that Mike be appointed to this position. There has also been discussion at staff level of appointing Mike as Parks Director. This may have been more difficult to do before the Maintenance Department hired its fourth person, but it appears now that something could be worked out. Nancy Hansen has made this suggestion many times in the past, and she should be able to answer any questions the Council (or other Parks Commission members) may have. Athletic Complex The Parks Commission has talked for some time about an athletic complex for the city. This would include, among other things, ballfields, hockey rink, ice skating rink, vita course, and probably other things I have forgotten. Joint Meeting - City Council/Parks Commission April 16, 1990 Page 2 In talking with Nancy Hansen, it appears that the Lake Elmo Jaycees would be willing to make a commitment to a project such as this, but before we get too far, I thought it appropriate for the Parks Commission to get formal direction from the City Council as to whether or not a project such as this would be feasible. Parks C.I.P. Attached to the draft minutes in this packet is a copy of the Parks Commission's C.I.P. The Parks Commission would like to discuss putting more money into its C.I.P. for future projects. Again, Parks Commission members will be able to explain this better at the meeting. M E E T I N G R E M I N D E R S (City Council Chambers) APRIL Ist 8:00 p.m. APRIL 3rd 6:15 p.m. 7:00 p.m. APRIL loth 5:00 p.m. APRIL 11th 3-7 p.m. APRIL 16th 7:00 p.m. APRIL, 17th 1:30 p.m. 7:00 p.m. I JOINT CITY COUNCIL/REAPP MEETING to discuss legal strategy with E. Sampson EXECUTIVE SESSION CITY COUNCIL MEETING JOINT CITY COUNCIL/REAPP MEETING Update meeting with DPRA BOARD OF REVIEW JOINT CITY COUNCIL/PARKS MEETING RECYCLING CONTAINER DISTRIBUTION KICK-OFF CITY COUNCIL MEETING