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HomeMy WebLinkAbout01-07-92 CCMMINUTES APPROVED: 1-21-92 MINUTES ISSUED: 1-31-92 LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 Mayor Johnson called the city council meeting to order at 7:02 p.m. in the City Council chambers. Present: Mayor Johnson, Hunt, Dick Johnson, Mottaz (arrived 7:40 p.m.) , Williams, City Engineer Prew, City Attorney Filla, and Administrator Kueffner, 1. AGENDA Add: ReAPP Report, Cimarron Update, 7A. Appointment to Maintenance Advisory Committee, 10D. Purchase of Radial Arm Saw M/S/P Hunt/Dick Johnson - to approve the January 7, 1992 City Council agenda as amended. (Motion carried 4-0). 2, MINUTES: December 17, 1991 M/S/P Williams/Dick Johnson - to approve the December 17, 1991 City Council minutes as presented. (Motion carried 3-0- 1: Abstain: Hunt). 3. CLAIMS M/S/P Hunt/Dick Johnson - to approve the December 17, 1991 Claims #95669 thru #95722 as presented. (Motion carried 4-0: Williams abstained on voting on Claim #95677, Purchase Data Base computer software from Todd Williams) 4. PUBLIC INQUIRIES Dan Novak, Co -Chair of ReAPP, stated they are not opposing staff salary increases, but as a matter of fact, the Administrator and staff have been ReAPP's best allies in this fight, and from this standpoint they deserve a raise. However, the referendum funds should not be used for any purpose other than directly fighting the landfill. The referendum question was very specific stating that the funds would be used for the purpose of opposing placement of a landfill. This fight is not yet over. Legal expenses are currently being incurred and will continue for some time yet to come. For these reasons, ReAPP core members unanimously recommend that the referendum funds be used for only legal, engineering, and public relations expenses directly related to fighting the landfill until Lake Elmo is dropped as a landfill site from the siting processes. LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 2 Dick Acree, ReAPP member and liaison to the engineering firm, stated he was opposed to the referendum landfill funds being used for anything other than fighting the landfill. We are not at the point that this landfill site has been defeated, nor does it mean there won't be another landfill site selected in Lake Elmo through the process by the Met Council. Barry Weeks noted he didn't see on the agenda Dave Gustafson's presentation on septic systems. Mayor Johnson explained this presentation had been postponed to Tuesday, February 18th at 6:00 p.m. and will be publicized in the Newsletter. ReAPP REPORT: Margaret Carlson explained the legislature will be hearing the proposed new bill which was introduced at the last session. There are concerns on the new siting process because it is not much different from the old siting process. Even if the new siting process does pass, Lake Elmo would be dropped as a site in August, 1992, but there is still a possibility that Lake Elmo could be reintroduced as a site. 5. OLD BUSINESS Mayor Johnson reported the Council had previously stated they would make a study of the water problems in Cimarron which would require obtaining information from the management company and the MN Dept. of Health. The Dept. of Health and City employee, Mike Bouthilet, went to Cimarron on Friday to take samples and based on the results determined that the chlorine level was safe and the water problem appeared to be resolved. The City is waiting for the report by Bonestroo Eng. on the mechanical aspects of the problem. The City Administrator will update the Old Business list and schedule a meeting for an off Tuesday to discuss these items. 6. ANNUAL ORGANIZATION MEETING: A. Selection of Acting Mayor Each year, the 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. Jess Mottaz was elected to this position for 1991. M/S/P Hunt/Dick Johnson - to nominate Todd Williams as Acting Mayor. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 3 B. Designation of Official Depositories The City used the following six depositories in 1991 for placement of city funds in a checking account, certificate 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 (4M Fund) Finance Director, Marilyn Banister, has suggested adding one more name to our list and that is Paine Weber, Inc. M/S/P Hunt/Williams -,to appoint the State Bank of Lake Elmo, Offerman and Company, Inc., Juran & Moody Company, Inc., Prudential Bach, Merrill Lynch, Minnesota Municipal Money Market Fund (4M Fund) and Paine Weber Inc. as the city's official depositories for 1992. (Motion carried 4-0). C. Designation of Legal Newspaper Press Publications (St. Croix Valley Press) was designated our legal newspaper for 1991. They have again requested that they be considered as our legal newspaper as has Lillie Suburban Newspapers (Oakdale/Lake Elmo Review). The Council asked if the City could be provided with better newspaper delivery. M/S/P Dick Johnson/Hunt - to appoint Press Publications (St. Croix Valley Press) as the City's official newspaper for 1992. (Motion carried 4-0). D. Appointment of City Consultants/Commission & Boards (1) City Engineer Tom Prew, TKDA, has requested reappointment as the City's consulting engineer. M/S/P Hunt/Dick Johnson - to appoint Tom Prew, TKDA, as the City's Consulting Engineer for 1992. (Motion carried 4-0). (2) City Attorney Jerry Filla has indicated his desire to have his firm, Peterson, Fram & Bergman, be reappointed as the City's Civil Attorney. LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 4 M/S/P Hunt/Williams - to appoint Jerry Filla, Peterson, Fram & Bergman, as the City's Civil Attorney for 1992. (Motion carried 5-0). (3) City Prosecuting Attorney Carl Blondin has indicated his desire to serve as the city's prosecuting attorney at a fee of $900.00 per month, the same as 1991. The Mayor noted concerns on the City's ability to get criminal prosecutions on nuisance cases in a timely manner. Attorney Blondin responded he would accept partial responsibility for the delay and become more aggressive in resolving these cases. M/S/P Hunt/Mayor Johnson - to appoint Carl Blondin for a period of six months, with a review at the end of this time, as the city's prosecuting attorney for 1992 at a fee of $900 per month. (Motion carried 4-1: Dick Johnson (4) City Financial Consultant Kathy Aho, Springstead Company, has expressed a desire to be reappointed as the City's financial advisor for 1992. M/S/P Dick Johnson/Williams - to appoint Kathy Aho, Springstead Company, as the City's Financial Consultant for 1992. (Motion carried 5-0). M/S/P Williams/Hunt - to approve the contract between the City of Lake Elmo and Springstead Company for financial consulting work for 1992 and authorize the Mayor to sign the contract. (Motion carried 5-0). (5) City Planner Mike Black, James R. Hill, Inc., has expressed interest in continuing serving the City as the City's Planner at the same rate ($59 per hour) as in 1991. M/S/P Hunt/Mottaz - to appoint Mike Black, James R. Hill, Inc., as the City's Planner for 1992 at the May, 1991, professional services hourly rate schedule (Planner III, $59 per hour). (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 5 (6) Planning Commission The following Planning Commission members' terms expired December 31, 1991: Rita Conlin, Rob Enes, Jim McLeod All three members have indicated a desire for reappointment. M/S/P Williams/Mottaz - to appoint Rita Conlin, Rob Enes, and Jim McLeod for a 3-year term on the Lake Elmo Planning Commission. (Motion carried 5-0). (7) Parks Commission The following Parks Commission members' terms expired December 31, 1991: Gary Lee Appointed 1/88 4 years Gloria Knoblauch Appointed 10/86 5 years 2 mos. Ron Kuehn Appointed 3/89 2 years 9 mos. Each of these commission members have indicated their desire to continue serving on the Parks Commission. M/S/P Mottaz/Dick Johnson - to appoint Gary Lee, Gloria Knoblauch, Ron Kuehn for a 3-year term on the Lake Elmo Parks Commission. (Motion carried 5-0). Based on his poor meeting attendance, the Council requested Jim Yarusso be contacted and asked if he wished to continue serving on the Parks Commission. 7B. Maintenance Advisory Committee The Council received a letter of interest for serving on the MAC from Fran Pott. M/S/P Dick Johnson/Williams - to appoint Fran Pott on the Maintenance Advisory Committee and advertise for more volunteers on the MAC in the next newsletter. (Motion carried 5-0). (8) Cable Commission The City has been advised by both Dave Garloff and Karen Wandmacher, our current representatives, that they would like to be reappointed as the City's representatives to the Ramsey/Washington Counties Suburban Cable Communications Commission. LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 6 M/S/P Dick Johnson/Williams - to appoint Dave Garloff and Karen Wandmacher as Lake Elmo's representatives to the Ramsey/Washington Counties Suburban Cable Communications Commission. (Motion carried 5-0). (9) Community Education Advisory Boards (ISD 622 & 834) The City has been advised by Nancy Hansen that she would like to continue as the City's representative to School District 834 Community Education Advisory Board. The City does not have a representative to the 622 Board, M/S/P Williams/Dick Johnson - to appoint Nancy Hansen to the School District 834 Community Education Advisory Board and direct the staff to advertise in the Newsletter for volunteers to the District 622 and 832 Boards. (10) Council Sub -Committees a. Personnel b. Budget c. C.I.P. d. Other M/S/P Hunt/Dick Johnson - to appoint the entire City Council to serve as a committee of the whole on Personnel, Budget, and C.I.P. matters. (Motion carried 5-0). E. Annual Review of Conditional Use Permits The Council received a review by Jim McNamara on the Conditional Use Permits in the City. Jamie Olson, Ad Venture Media, had a concern on the nuisance of Item 5, Page 2. of the CUP. Inc. Sign CUP: The Council factor and apparent violation M/S/P Hunt/Williams - to notify Jamie Olson, Ad Venture Media Inc., that it appears the sign is not in compliance with the condition (Item 5, Page 2) of the CUP and the property owner has 60 days to bring it into compliance; otherwise, according to City policy the City will schedule a public hearing for the purpose of rescinding the CUP. (Motion carried 5-0). Armstrong CUP: On Page 2, Item 3 of Conditions: The Council requested the Building Official look into if the 40 acres, which was sold to Mr. Armstrong's son, was part of the 254 acres the number (100) of vehicles allowed were calculated on. LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 7 Trans City Investment: In response to the question of solvents stored on -site and the outside storage area being used properly, Jim McNamara reported the inspection didn't show any unsafe conditions and the storage area was being properly used. Trans City was also inspected by Washington County who found no unsafe storage conditions. M/S/P Hunt/Dick Johnson - to accept the review by Jim McNamara presented on January 7, 1992 on the CUP'S. (Motion carried 5-0). 7. PLANNING/LAND USE & ZONING: A. PUBLIC HEARING: Shoreland Permit with Variances Lou Skarda, 7980 DeMontreville Trail N. The Public Hearing notice was published in the December 18, 1991 St. Croix Valley Press and adjoining property owners were notified. Mayor Johnson called the public hearing to order at 8:37 p.m. The Council received a letter from Mike Black (City Planner), Tom Prew (City Engineer), and Molly Shodeen of the DNR and a copy of the VBWD permit. There was no one to speak for or against this request. Lou Skarda, 7980 DeMontreville Trail N., is requesting a shoreland permit with variances for the purpose of constructing. a 16' x 8' storage shed on his property on the lake side of DeMontreville Trail. The variances required are: structure setback from the Normal Ordinance High Water Mark (930.) and setback from a public right-of-way. Mr. Skarda indicated the hardship was County Road 13 comes between his lake property and the property his house is on. This allows the general public access between the beach and his house. This presents two problems: there is a danger aspect of having to continually cross a busy street to carry back and forth beach/picnic articles; and if items are left on the beach, they are left with a cluttered looking beach area and are faced with theft and vandalism problems. Mr. Skarda indicated he felt the proposed storage shed would solve these problems. He also provided a response to the issues brought forth in Mike Blacks' December 23, 1591 memorandum. Mayor Johnson closed the public hearing at 8:42 p.m. The City Administrator provided a narrative statement found in the file for the proposed F.J. Crombie Estates when it was platted stating that the outlots will serve as unbuildable tracts of land for lake access only. LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 8 The City Attorney pointed out that there is a restriction on OutLot A which prohibits any structures. Also, OutLot A and Lot 1, Block 1, are two distinct legal tax parcels. This is not a lot that extends from a home uninterrupted to the waters edge. M/S/P Williams/Dick Johnson - to deny the shoreland permit with variances requested by Lou Skarda, 7980 DeMontreville Trail N., for the purpose of constructing a 16' x 8' storage shed based on the following findings: the proposal would substantially change the character of the area, many other properties exist in the city with similar conditions, granting this permit with variances would set an unacceptable precedent for the City, the conditions of the property were well known to the applicant when he purchased the property and for the (4) reasons stated in Mike Black's memo dated December 23, 1991. (Motion carried 5-0). B. New Life Homes John Briscoe, representing New Life Homes, presented in concept, a request for a private nursing home in a Rural Residential zoning district. This home would provide non - institutional long term care for older adults (18 to 24 maximum) in the early to middle stages of Alzheimer's and demential related issues and disorders by adapting and structuring the care delivery, staffing arrangements and physical environment to fit and support the unique need of individual residents. The parcel of land (22 acres) that New Life Home is looking at is located at DeMontreville Trail and Highway 36. The primary reason for this site is: visibility of traffic on Highway 36, isolated where walking trails can be developed, because of the terrain they can plan an attractive structure into the site and are able to shield it from the other residences in the immediate area. When asked what their future plans would be, Mr. Briscoe indicated his preference would be for the remaining 10 acres to remain a single family lot. By becoming larger than 24 units, this tends to lose what they are attempting to do. The Council indicated this was the best proposal for this land that has come before the City, but this use was not allowed in the RR zoning district. Discussion followed: Councilman Mottaz indicated he could not vote for a CUP because he felt CUPs are a means for spot zoning because once something is established by a CUP it is almost impossible to remove them. LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 9 Councilman Hunt noted his concern on restricting the use because if this home doesn't make it, there may be a proposal for some other usage that may be allowed in a group home structure. Councilman Williams explained this development would be allowed in General Business, but Mr. Briscoe indicated they preferred a residential area. Councilman Johnson noted the City does not have a zoning, such as a good PF Zoning, that takes into account quasi public/private facilities which could accommodate this use. Mayor Johnson stated the City would have to find a mechanism to allow this development which may be establishing a separate zoning category such as a Highway 36 overlay District upon which the PZ could hold a public hearing. M/S/P Dick Johnson/Hunt - to add to the Planning Commission's work plan dealing with an overlay district to accommodate a quasi public/private facility within the City. (Motion carried 5-0). Councilman Williams felt the PZ should devise a way to accommodate a facility such as this along a major thoroughfare like Highway 36, but not allow it in the middle of the city where there are no other major highways and just single family homes and farms around it. Mayor Johnson stated when the PZ deals with this agenda item, he wishes the PZ invite the Council to discuss policy. 8. CITY ENGINEER'S REPORT: A. Partial Payment No. 5, Change Order No. 2 Tom Prew reported that Kenko has been working on connecting the remaining homes to the water system, and it has been difficult for the plumber to get into the homes to complete this work. The only work remaining as of this estimate will be connection of six more homes and final restoration. Councilman Johnson had been informed that due to the frozen ground the contractor has to disturb the yard with a very large ditch in order to run the line, but if they wait until Spring there would be very little disturbance. Prow indicated there wouldn't be a problem to wait until Spring. M/S/P Hunt/Williams - to approve Partial Payment No. 5 to Kenko, Inc. in the amount of $29,434.00 to be paid upon receipt of funds from Washington County. (Motion carried 5- 0) . LAKE ELMO CITY COUNCIL MINUTES JANUARY 7, 1992 12 10. CITY ADMINISTRATOR'S REPORT: A. Request from Fire Department to purchase software. The Fire Department has received four quotes for software it would like to purchase to run its State MFIRS Reports. The best quote is from the State of Minnesota for $200.00. Since the Fire Dept. has not yet been able to purchase their own computer, Jim Sachs can use a computer in the office. M/S/P Williams/Dick Johnson - to approve the expenditure of $200 to the State of Minnesota for software to run its State MFIRS Reports. (Motion carried 5-0). B. Pay Increases for staff Councilman Mottaz indicated he was informed that landfill funds could not be used for pay increases for the staff. The Council was in favor of a 3% cost of living raise, effective January 1st, for the city employees and requested a report from the Finance Director as to where in the Budget this money would from. C. Purchase of radial arm saw The Maintenance Advisory Committee recommended favorably the request from the Parks Dept. to purchase a Delta table saw in the amount of $525. The Lake Elmo Jaycees has donated money for wood and Mike Bouthilet will build playground equipment. M/S/P Williams/Mottaz - to approve the expenditure of $525 to be taken out of the Parks fund for the purchase of a Delta 10" table saw for the Parks Dept. based on the recommendation of the Parks Dept. and the MAC. (Motion carried 5-0). D. Metropolitan Airport Commission Meeting The City Administrator reported she and John McPherson attended the Metropolitan Airport Commission Planning and Environment Committee meeting and our efforts to have the 3900 ft. runway taken out of the master plan were defeated. The City Administrator will send a letter indicating the City is interested in establishing a joint zoning board between MAC and the City. M/S/P Hunt/Mayor Johnson - to adjourn the council meeting at 10:45 p.m. and reconvene for an Executive Session. (Motion carried 5-0). 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. LAKE ELMO CITY COUNCIL MEETING JANUARY 7, 1992 7:00 P.M. MEETING CONVENES 1. AGENDA 2. MINUTES: December 17, 1991 3. CLAIMS 4. PUBLIC INQUIRIES 5. OLD BUSINESS 6. ANNUAL ORGANIZATIONAL MEETING A. Selection of Acting Mayor B. Designation of Official Depositories C. Designation of Legal Newspaper D. Appointment of City Consultants/Commission and Boards: (1) City Engineer (2) City Attorney (3) City Prosecuting Attorney (4) City Financial Consultant (5) City Planner (6) Planning Commission (7) Parks Commission (8) Cable Commission (9) Community Education Advisory Boards (ISD 622 & 834) (10) Council Sub -Committees a. Personnel b. Budget C. C.I.P. d. Other E. Annual Review of Conditional Use Permits 8:30 p.m. 7. PLANNING/LAND USE & ZONING: A. PUBLIC HEARING: Shoreland Permit with Variances Lou Skarda, 7980 DeMontreville Trail N. B. New Life Homes 8. CITY ENG.INEER'S REPORT: A. Partial Payment No. 5, Change Order No. 2 B. SW-1 Watermain C. Other 9. CITY ATTORNEY'S REPORT: A. Jamie Olson/Ad Venture Signs B. Other 10. CITY ADMINISTRATOR'S REPORT: A. Request from Fire Department to purchase software B. Pay increases for staff C. Other 11. Adjourn