HomeMy WebLinkAbout01-02-91 CCMDATE APPROVED: 1./15/91
DATE ISSUED: 2/1/91
LAKE ELMO CITY COUNCIL MINUTES
JANUARY 2, 1.991
Acting Mayor Williams called the City Council meeting to order at 7:07
p.m. in the Council chambers. Present: Williams, Dick Johnson, Dave
Johnson, Jess Mottaz, City Engineer Larry Rohrer, City Attorney Jerry
Fill.a, and Administrator Kueffner. Absent: Councilman Hunt.
OATHS OF OFFICE: Mayor -•elect Dave Johnson and Council members -elect
Dick Johnson and Jess Mottaz were given the Oath of Office by City
Administrator Kueffner.
Mayor Dave Johnson gave a brief description of Lake Elmo and an
informative summary of our City government.
Mayor Johnson thanked all the elected officals from the last. Council
for their devotion to the City, in particular, Rosemary Armstrong for
the many effective years of service both elected and appointed, Chuck
Graves for his consistently thoughtful and constructive period of
service, both elected and appointed, and to Don Moe for approx. nine
years of service, both elected and appointed.
1. AGENDA
Add: 3B. DPRA letter regarding possible conflict of interest.
Move Claims after Agenda so entire Council can vote.
M/S/P Dick Johnson/Williams - to approve the January 2, 1991 City
Council agenda as amended. (Motion carried 4-0).
2. MINUTES: December 1.8, 1990
M/S/P Williams/Dick Johnson - to postpone consideration of December
18, 1990 City Council minutes until the January 15th Council meeting.
(Motion carried 4-0).
3. CLAIMS
The Council asked it be noted if all claims are within in Budget.
M/S/P Williams/Dick Johnson - to approve the January 2, 1991 Claims
#94250 thru #94295 as presented. (Motion carried 4-0).
4. PUBLIC INQUIRIES:
There were no public inquiries.
5. A. REAPP REPORT
Todd Williams reported REAPP is proposing a meeting for Saturday,
January 5th, 9:00 a.m., at Rita Conli.n's house to discuss the RFP
proposals. They will, screen the proposals, arrange for interviews
with three firms, and make a recommendation to the Council.
Mayor Johnson requested Todd ask REAPP if they would want to be
considered an ad hoc committee of the City Council.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1991. PAGE 2
Councilman Williams and Administrator Kueffner reminded the Council
that ReAPP had been appointed by the City Council in 1987 to represent
the City in matters pertaining to the landfill.
B. DPRA: Possible Conflict of Interest
Chris Lough, DPRA, faxed over a letter indicating a company in
Burnsville would like to expand an existing landfill and are proposing
to start an EIS in March and have it completed by October. According
to our contract, DPRA is advising the City they would like.to attend
this meeting on Friday and possibly do some sub -contracting work.
M/S/P Williams/Mottaz - to direct the City Administrator to respond to
DPRA by saying the City has no reservation about DPRA attending this
meeting, but before they proceed any further, we request they inform
the City in detail as to their proposed involvement. (Motion carried
4-0).
MAYOR JOHNSON ACKNOWLEDGED DAVE LANG OF LAKE ELMO AND HIS GUEST FROM
MAINLAND CHINA. Mr. Lang explained they have been involved in a
medical device joint venture with the Peoples Republic of China since
1985 using mostly Minnesota components to manufacture pacemakers in
China. They thought at some point they would like to explore the
possibility of some relationship between Lake Elmo and Mr. Chin
loChin's "small" village (350,000 pop.) in China.
5. ANNUAL ORGANIZATIONAL MEETING:
A. Selection of Acting Mayor
Each year the City Council elects a Council member as Acting Mayor.
The Acting Mayor presides over meetings in the Mayor's absence, or
represents the City at other official functions.
M/S/P Dave Johnson/Mottaz - to appoint Jess Mottaz as Acting Mayor of
the City of Lake Elmo. (Motion carried 4-0).
B. Designation of Official. Depositories
The City used the following six depositories in 1990 for placement of
City funds in a checking account, in certificates of deposit for
short-term investments, and in bonds for long-term investments.
State Bank of Lake Elmo
Offerman and Company, Inc.
Juran & Moody Company, Inc.
Prudential -Bach
Merrill Lynch
Minnesota Municipal Money Market Fund (The 4M Fund.)
The Finance Director believes these six depositories have provided
good service to the City in 1990.
LAKE ELMO CITY COUNCIL MINUTES J'ANUARY 2, 1991 PAGE 3
M/S/P Williams/Mottaz - to appoint the State Bank of Lake Elmo,
Offerman and Company, Inc., Juran & Moody Company, Inc.,
Prudential -Bach, Merrill Lynch and the Minnesota Municipal Money
Market Fund (The 4M Fund) as the City's official depositories for
1991. (Motion carried 4-0).
C. Designation of Legal Newspaper
The City received a letter from Press Publications indicating their
desire to once again be designated the official newspaper for 1991.
Mayor Johnson received a letter from Lillie Publications requesting
consideration as the official city newspaper.
Several Council members indicated their concern for a wide
distribution of the City Newspaper. Councilman Johnson suggested the
City should begin mailing the City Newsletter directly to the
residents.
The City Attorney read the statute stating the Council, annually at
its first meeting of the year, designate a legal newspaper of general
circulation in the City as the official newspaper. Even if the
Council attached conditions to a motion, Fills. recommended the Council
take action on appointing an official newspaper for a period of time
while they review other publications.
M/S/P Mottaz/Dick Johnson - to designate Press Publications, St. Croix
Valley Press, to continue on a temporary basis as the City's official
newspaper and study other alternatives and obtain a statement of
guaranteed delivery of any interested newspaper. (Motion carried
4-0).
D. Appointment of City Consultants
1. City Engineer
THe City received a letter from TKDA seeking reappointment of TKDA as
the City's Consulting Engineer. Larry Bohrer explained his proposed
replacement, Tom Prew, has been his assistant for a number of years,
is generally familiar with the City, and has worked with the City
staff on several projects. The next couple meetings Bohrer will
represent TKDA as the engineering consultant and Tom will observe.
After those meetings, Tom would take the presentations and Larry would
be in the support role. Bohrer noted he would always be in the
support position and would be available for any questions or
assistance. He would remain the first-hand contact for the Section 32
Appeal.
Councilman Williams stated he appreciates very much Larry Bohrer's
many years of fine service with the City. In his usual mariner,
Williams noted, Bohrer's proposed transition is an excellent way to go
and just reflects his continued professionalism. The Council indicated
the City will certainly miss him.
M/S/P Dick Johnson/Mottaz - to appoint TKDA as the City's Consulting
Engineering firm for 1991. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1.991 PAGE 4
2. City Attorney
The City hired, on an interim basis, Jerry Fil.la from the firm of
Peterson, Franke & Riach. This firm was hired until May 1, 1991 or
until the City is able to bid this service. Councilman Mottaz
suggested an evaluation after the probationary period is over and then
decide.
M/S/P Dick Johnson/Williams - to confirm the appointment of Jerry
Filla, Peterson, Franke & Riach, as an interim City Attorney for
civil matters until May 1, 1991. (Motion carried 4-0).
3. City Prosecuting Attorney
Carl Blondin, our City Attorney for crimial legal. services, has
advised the City that he would like to be considered for
reappointment. Mr. Blondin has indicated there would be no increase
in the fee ($900/mo.).
M/S/P Williams/Mottaz - to extend the contract with Carl. Blondin,
dated February 6, 1990 thru 1991 as shown on Addendum 1 for criminal
legal services. (Motion carried 4-0).
4. City Financial Consultant
Kathy Aho, of Springsted. Inc., indicated that she would like to be
considered for reappointment as the City's financial consultant for
1991. Kathy advised the City that because of Public Financial
Service's merger with Springsted, the City should get a better rate.
M/S/P Mottaz/Williams - to appoint Kathy Aho of Springsted, Inc. as
the City's Financial Advisor. (Motion carried 4-0).
5. City Planner
Michael J. Black, James R. Hill, Inc, has advised the City of his
desire to be re -appointed as City Planner. for 1991. James R. Hill,
Inc. proposes to extend the terms of the existing Agreement for
professional services through 1991.
Councilman Johnson noted he was very pleased with Mike Black's
performance over the past year. He found great comfort in having a
technician that can give professional guidance to the Council and
Planning Commission.
M/S/P Dick Johnson/Williams - to appoint Mike Black of James R. Hill,
Inc. as the City Planner for 1991. (Motion carried 4-0).
E. City Council Appointments
1. Planning Commission
The following Planning Commission terms expired in 1990: Ann Bucheck,
Steve DeLapp, Karen Johnston. A letter was received from Steve DeLapp
LAKE ELMO CITY COUNCIL MINUTES J'ANUARY 2, 1991. PAGE 5
indicating his desire to be reappointed. Ann Bucheck and Karen
Johnston have indicated. verbally a desire to be reappointed.
M/S/ Mottaz/Da.ve Johnson - to appoint Deb Wilfong to fill out the
unexpired term of Dick Johnson (term expires in 1991), appoint Lonny
Thomas as 1st Alternate, and request PZ applications be sol.icted until
January 31, 1.991
M/S/P Williams/Dave Johnson - to .call the question. (Motion carried
4-0).
M/S/P Mottaz/Dave Johnson - to appoint Deb Wilfong to fill out the
unexpired term of Dick Johnson (expires in 1991), appoint Lonny Thomas
as lst Alternate on the Planning Commission and request PZ
applications be advertised until January 31, 1991. (Motion carried
3-1: Williams: I approve of the PZ appointments of Deb Wilfong and
Lonny Thomas. However, I feel it is very important to have continuity
on our PZ, as on all of our commissions, therefore, the 3 full -voting
members up for reappointment should be reappointed. It has been a
tradition in our City to reappoint Planning Commissioners if they are
interested and if they are eligible.)
2. Parks Commission
The following terms on the Parks Commission expired in 1990: Nancy
Hansen, Sharon Simpson, and Jim Yarusso. Nancy Hansen was originally
appointed 5/82 and Jim Yarusso appointed in 1981. The code states that
no member may serve more than two consecutive 3-year terms unless the
average term of the commission is less than four years. The average
term as of December 1990 was 4.2 years. Commissioners Simpson, Lyall,
and Busta, according to City records, had inadequate attendance
records.
MIS/ Williams/Mottaz - to not reappoint Nancy Hansen and Jim Yarusso
to the Parks Commission because of the provision in Section 2.10.012 of
the City code regarding length of term, to send letters of inquiry to
Sharon Simpson, Scotty Lyall. and Mark Busta regarding their intention
to serve with the diligence required and direct the city to advertise
for two positions to be filled on the Parks Commission.
M/S/P Williams/Johnson - to amend the motion to include the city
advertise for three positions (1 Full -Voting Member and 2 Alternates)
to be filled on the Parks Commission and to appoint Kestutis Tautvydas
and Karin Enes as Full -Voting members for 3-year terms. (Motion
carried 4-0).
M/S/P Williams/Mottaz - to not reappoint Nancy Hansen and Jim Yarusso
to the Parks Commission because of the provision in Section 210.012 of
the City Code regarding length of term, to send letters of inquiry to
Sharon Simpson, Scotty Lyall and Mark Busta regarding their intention
to serve with the diligence required, direct the City to advertise for
three positions (1 Full -Voting and 2 Alternates) on the Parks
Commission, and to appoint Kestutis Tautvydas and Karin Enes as
Full -Voting Members for 3-year terms on the Lake Elmo Parks
Commission. (Motion carried 4-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1991 PAGE 6
3. Cable Commission
4. Community Education Advisory Boards (I.S.D. 622 & 834)
M/S/P Williams/Mottaz - to postpone consideration of these
appointments until the January 15, 1991 Council meeting and direct the
City Administrator to contact the existing appointees to determine
their interest in continuing. (Motion carried 4-0).
5. Council Representatives - City Functions
The Council will study the alternatives of the three committees, CIP,
Budget, Personnel, and come prepared at the next meeting to indicate
their preferences to which committees they would _like to be appointed.
M/S/P Dave Johnson/Motta.z - to postpone consideration of City Council
Appointments until the January 15th Council meeting when all members
are present to indicate their preferences to which committees they
would like to be appointed. (Motion carried 4-0).
F. Review of Conditional Use Permits
Jim McNamara, Building Offical, presented his review of the
Conditional Use Permits which are requesting continued operation for
1991. McNamara reported all CUP'S are operating within their specific
conditions.
M/S/P Mottaz/Dick Johnson - to accept the review as presented by
Building Official, Jim McNamara, of the Conditional Use Permits.
(Motion carried 4-0).
The Council discussed the following:
--Shafer Mining has accumulatd some old blacktop form the County
Improvement Project on 50th Street. This blacktop will be removed,
crushed, and reused somewhere else. The Council asked that the City
pay close attention to any illegal landfilling because of possible
contamination of acquifers.
--Hammes Mining is operating within their specific conditions,
however, the many outside storage violations still exist. Mayor
Johnson will contact Dorothy Lyons to make an appointment for Saturday
(January 12th) for the purpose of the Council and Building Official
make an on -site visit to Hammes Mining to identify any exterior
storage violations that may exist in accordance with our Code, Section
1503.
5. CITY ENGINEER'S REPORT:
There was no City Engineer's report.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 2, 1991 PACE 7
6. CITY ATTORNEY'S REPORT:
City Attorney, Jerry Fills, reported on the upcoming court dates:
January llth - 11:00 a.m., Judge Cass -Wash. Cty, Annexation
January 17th - .11:00 a.m,. St. Paul, Derrick Land
January 30th - 11:00 a.m., Chisago County, Annexation
February - Washington County, Jamie Olson
The Council set up an executive session for January 15th, if needed.
7. CITY COUNCIL'S REPORT:
Williams reported the CIP Committee are reviewing the computer bids
and will come back with a recommendation to the Council on January
15th.
Williams brought up for Council consideration changing the ordinance
that calls for two consecutive terms for the commissions and change it
to three terms because he felt it takes approx. two years on the PZ
before a member is familiar with the procedures and laws involved. In
the case of the Parks Commission where we have qualified and dedicated
people who served two terms, our ordinance requires termination of -
their services. The Mayor and Councilman Mottaz indicated they favored
the ordinance as written. Councilman Johnson indicated the decision
should be by discretion of the Council and not "boxed" in by an
ordinance.
B. CITY ADMINISTRATOR'S REPORT:
There was no City Administrator's report.
M/S/P Mottaz/Dick Johnson - to adjourn the City Council meeting at
9:55 p.m. (Motion carried 4-0).
P R 0 C L A M A T 1 0 N
WHEREAS, the Lake Elmo Jaycees have been a vital part of the
development of young leaders of our community for the past
20 years; and
WHEREAS, this organization of young people would like the
week of January 20-26, 1991 be proclaimed National Jaycee Week.
NOW, THEREFORE, I David Johnson, Mayor of. Lake Elmo, do
hereby proclaim the week of January 20-26, 1991 Jaycee Week in
Lake Elmo and urge all citizens of our community to give full
regard to the past and continuing services of the Lake Elmo
Jaycees.
CITY OF LAKE ELMO
NOTICE OF SPECIAL MEETING
A special meeting will be held at 9:00 a.m. on Saturday,
January 12, 1991, to interview three firms that responded to the
Request for Proposals for a public relations campaign relative to
the siting of a landfill in the Lake Elmo Regional
Park Reserve.
This meeting is open to the public and interested parties are
encouraged to attend.
Mary Kuef:fner
City Administrator
January 8, 1991
Since we do not have time to discuss every point presented, it may seem
that decisions are preconceived. However, background information is
provided for the City Council on each agenda item .in advance from City
Staff and appointed Commissions; and decisions are based on this
information and past experiences. In addition, some items may also have
been discussed at previous Council meetings. If you are aware of
information that hasn't been discussed, please fill out a "Request to
Appear Before the City Council" slip; or, if you came late, raise your
hand to be recognized. Comments that are pertinent are appreciated.
Items requiring excessive time may be continued to another meeting.
AGENDA
LAKE ELMO CITY COUNCIL
JANUARY 2, 1991
7:00 p.m. MEETING CONVENES
to OLD BUSINESS
MINUTES: December 18, 1990
20 CLAIMS
3. ADJOURN MEETING
OATHS OF OFFICE - MAYOR -ELECT JOHNSON
COUNCIL MEMBERS -ELECT
JOHNSON AND MOTTAZ
MEETING CONVENES
1. AGENDA
2, PUBLIC INQUIRIES
3, REAPP REPORT
4. ANNUAL ORGANIZATIONAL MEETING
A. SELECTION OF ACTING MAYOR
B. DESIGNATION OF OFFICIAL DEPOSITORIES
C; DESIGNATION OF LEGAL NEWSPAPER
Da APPOINTMENT OF CITY CONSULTANTS
(1) City Engineer
(2) City Attorney
(3) City Prosecuting Attorney
(4) City Financial Consultant
(5) City Planner
I
Eo CITY COUNCIL APPOINTMENTS
(I) Planning Commission
(2) Parks Commission
(3) Cable Commission
(4) Community Education Advisory Boards
(I.SoD. 622 & 834)
(5) Council Representatives - City Functions
F. REVIEW OF CONDITIONAL USE PERMITS
5.
CITY
ENGINEER REPORT
6.
CITY
ATTORNEY REPORT
7.
CITY
COUNCIL REPORT
8,
CITY
ADMINISTRATOR REPORT
9.
ADJOURN
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