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HomeMy WebLinkAbout12-01-92 CCMLAKE.ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 :. r is ..... It DRAFT i, 11 Mayor Johnson called the city council meeting to order at 7:03 p.m. in the Council chambers. PRESENT: Mayor Johnson, Hunt, Mottaz, Williams, City Engineer Bohrer, City Attorney Filla and Administrator Kueffner. ABSENT: Councilman Johnson. 1. AGENDA Add: 9B. Request for proposal for Prosecuting Attorney M/S/P Williams/Hunt - to approve the December 1, 1992 city council agenda as amended. (Motion carried 4-0). 2. MINUTES: November 17, 1992 M/S/P Williams/Mottaz - to approve the November 17, 1992 City Council minutes as presented. (Motion carried 3-0-1: Abstain: Hunt). 3. CLAIMS M/S/P Williams/Hunt - to approve the December 1, 1992 claims #1115 through #1139 as presented. (Motion carried 4-0). 4. PUBLIC INQUIRIES Jim McLeod, 2543 Lake Elmo Avenue N., stated the Council unanimously voted for funding ($1,000) a Christmas Party for January 9, 1992. He felt that a Christmas Party held on January 9th was an improper title since it is a half a month past Christmas. At a time when city taxes are increasing at such a dramatic rate, it is improper to spend city money for this proposed party. McLeod referred to the November 27, 1992 Oakdale Clarion where it was pointed out that use of public funds for a party has to meet certain criteria to be allowed according to the 1966 ruling by the Minnesota Attorney General's Office. 5. OLD BUSINESS A. Parking restrictions on Lake Elmo Avenue At the November 17th meeting, the Council directed the staff to report back on the background of rationale for why the four 15 minute parking spaces in the current location rather ( than in front of the library and the post office. . LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 2 M/S/P Mottaz/Hunt -,to request Washington County to resign Lake Elmo Avenue to begin North of the No Parking area and proceed northward until there are four legitimate 15 minute parking spaces and as parking progresses mark as 1 hour parking. (Motion carried 4-0). B. Shoreland Permit and variance granted to James Dillon at 8190 Hill Trail N. Jim McNamara, Code Enforcement Officer, reported that the accessory building Mr. Dillon constructed was red -tagged because the building is 12' high and one of the conditions the council placed on granting the variance was that the shed should not exceed 10' in height. McNamara asked for a clarification from the Council as to definition of building height was used when granting this variance. In his memo dated November 30th, Mike Black, indicated he met with Mr. & Mrs. Dillon at their home to inspect their property in regard to their shoreland permit application for an accessory building. He informed them that the proposed new shoreland ordinance includes a ten foot height limitation on water -oriented accessory structure and that the proposed new definition of "height of building" was: "the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or \ hipped roof." Dean Johnston, 8200 Hill Trail N., explained they have a spectacular view of the south shore of Lake DeMontreville and felt this variance has a significant impact on his view. He clarified that the building is 4' from the propertyline and the retaining wall for his driveway is 8' high. His interpretation of the council discussion was the intention of the Council to place a height restriction on the building was somewhat in line with the retaining wall. Johnston felt the council made a good decision in granting the variance and felt the council's intention of placing a 10' height restriction was a good compromise. He found the 12' high building objectionable and urged the council to stand by the 10' building height limitation. Jim McNamara reported the plan he approved was the proposed building was going to be in the same location as the old shed except it was going to extend into the yard another 2' and was not going to be any closer to the property line. The dimensions of the building on the plan is 12' x 16' x 13' and a building permit was issued based on the definition of building height of the proposed shoreland ordinance which would be 12'21'. C LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 3 Councilman Mottaz made the following motion because he felt the Council made a mistake with approving this request based on the proposed shoreland ordinance and the plan for a 12' x 16' x 13' building submitted by Mr. Dillon was approved by the Building official: M/S/P Mottaz/Mayor Johnson - to remove the red -tag and allow James Dillon, 8190 Hill Trail N., to proceed with the existing accessory building at the 12'2" building height. (Motion carried 3-1: Williams: There is ample legal precedent for the fact that a property owner or applicant is legally responsible for being aware of the existing regulations, and it is a mistake to back down from that.) 6. PUBLIC HEARING: 1993 BUDGET Mayor Johnson opened up the Public Hearing at 7:35 p.m, in the City Council Chambers. The Public Hearing notice was published in the November 25, 1992 St. Croix Valley Press. Jackie Pierre, 8780 42nd St. N., stated that the value of her property is too high because they are two blocks from the Lake Jane Landfill and their road has been torn up when the water was put in and damage has been down to their neighborhood. t Don Mattison, 2359 Legion, stated his house value went up $7,500 and this idea of increasing house value in this recession period is absolutely ridiculous. What is the idea when we are looking at a budget increase of putting $50,000 in reserves in the Fire Dept. and $30,000 in the Maintenance Dept. reserves. This should have been done last year or the year before when you were not looking at a 31% increase. How many people are staff salaries of $44,028? A 31% increase today is ridiculous. Beverly Pletsch, 8685 27th St. N., felt their house was overvalued. There are houses in her area that have been for sale for almost one year before they are sold. Everyone she knows that has been trying to sell their house has had to come down below their assessment in order to sell it. Rebekah Ronchetti, 2470 Lisbon Avenue N., stated we have people out of work, our economy is down, and you are squeezing the middle class out of this town. Would like answers to: Why do we have legal expenses in this small town of $65,000 a year. Why the increase of Personnel and Planning & Zoning Services and the Fire Dept? So there are some places to cut. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 4 Sheryl Sarkissian, 8290 Hidden Bay Ct., concerned about a 27% increase in the taxes and not getting 27% increase in services. I live on a private road and nobody sealcoats my road except if my neighbor and I pay for it. The organization I work for had an average salary increase of 4.4% for 1993. I find 9% staff increase incredulous. Did we hire more firefighters for the City? How do they get paid? Why the 25% increase in utilities for Parks? About a month ago you made a big campaign splash that the City of Lake Elmo has a much lower tax rate compared to Oakdale and Woodbury. Now, if you approve this budget our taxes will be higher than those cities. You are playing catch up for 3 years of being conservative in your spending. Jim McLeod, 2543 Lake Elmo Avenue N., felt very strongly that the staff is underpaid. As far as the need to set aside money, it is only prudent to plan for maintenance work. This city hall building was built with donated labor and by former Mayor, Arlyn Christ. This saved the city a lot of money. We should not be exceedingly harsh on the council members on how they are spending the money. This increase does point out the need for more intensive commercial development in this city particularly along I-94. Dave Lang, 5451 Hilltop Avenue, sympathized with everyone's concerns they now face by the tax increase. We are faced with some options on what we want this city to become. If the budget isn't approved as it is, we can watch our \ infrastructure rot away. If the fire dept. isn't given the equipment they need to be a professionally responsive department, I don't want to see a threat of a fatal fire in Lake Elmo due to questionable training. If we don't support the salary increase of our city staff, we could loose valuable people. I support this city budget. We hake deferred a lot of expenses in this city and it is time we faced the music. If you look at the value of all the property in Lake Elmo, 84.3% of it is classified as residential, 6.7% is classified as commercial. We should try to start preparing today the change that way we are taxed as homeowners. One way to do that is to change the percentage in dollars and urges the new members of the council and the new mayor take a seriously look at how this city is taxed. Gloria Knoblauch, 9181 31st St. N., stated we have a wonderful staff in Lake Elmo, but as a citizen she should have access to a public copy of what the yearly increments would be for the staff employees. If you have a living wage, a steady job, and you are doing a good job, why are we trying to play catch up? LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 5 Arlyn Christ, 8929 36th St. N., stated that in 1993 the park bond will be taken off. If you include that as something that has been required as a funding in the past, we no longer need the funds, it seems the 32% increase is extremely unconscionable recognizing that 5% more. You are funding the future expenditures through reserve funds and paying off an equipment certificate at an accelerated rate. I'm not so sure if I am against the budget if that is what we are trying to do, although I don't like the increase. To sit here and say it is because of commercial taxes --it is not at all. It is because we are paying off some equipment certificates. Wyn John, 8883 Jane Road N., stated Lake Elmo incurs a certain amount of costs every year to run the city. If you want it to stay as it is and maintain it as it is, there are certain cost levels which the council has looked at responsively and ended up with a total This total then gets distributed to each household individually. The way the total gets split may be considered unfair by you, individually, which is something the council has very little control over. We recognize that with I-94 we have an area which is appropriate for commercial development. With the appropriate commercial development coming across will not be resisted any more strongly than we indicated during our campaign. Everybody has told me during our door knocking to keep Lake Elmo rural. This is one of our intentions, but at the same time we have to be realistic and we are trying to get a well balance tax base as we can easily manage. Bob Eischen, 11674 Stillwater Blvd. N., stated his personal feelings is that the large percentage increases reflected in the budget is managing Lake Elmo rather than Lake Elmo is managing the budget. Example given was the large increase in the Public Works Department. This increase is out of line with ordinary people in terms who live in ordinary homes cannot understand. These projected increases did not come overnight. They came with legislation and it looks like we were not proactive, but reactive, which resulted in these large increases. Can the Department Heads come up with a 5% cut rather than a 100°% increase. We are looking at what is absolutely minimally necessary. If this trend continues, many of the people in this locality are going to be taxed out of their homes. M. Sarkissian, 8290 Hidden Bay Court, question the increase for professional services for the city engineer and for the recycling program. In Burnsville waste management agreed to reycle the mass mailing (junk Mail) --Is Lake Elmo considering doing this? Is there a way of considering a 5% salary increase each year for two years? I suggest trying to freeze the actual 1992 expenditures, use that as the 1993, and take the additional amounts and make them into LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 6 reserves. In his company in order to spend $5,000 he needs seven signatures to get that expenditure done. Todd Bruchu, 3150 Klondike Avenue, asked if there is anything that he can do about the increase above the 31%? Mary Hubenette, 8517 Hidden Bay, owns two parcels of land, one with a house on it which went up 39.5% and the parcel without the house increased 45.2% and asked if this sounds logical. What is wrong with concessions in salaries as Northwest Airlines have done? Glen Peterson, 4260 Ivy Ct. N., mad about the general attitude the council has versus the way he has to live. If he doesn't have the money to do something, he goes without. If the city doesn't have the money, they raise taxes. All of these numbers are goal orientated and to justify their existence. Give them an incentive of some kind as a rebate individually by cutting an existing 1992 budget through a merit program. Bill Hughes, 9038 31st St N., stated that tonight the council has heard the people are opposed to the budget and the council should take a hard look at lowering this budget. I don't want to have to sell my home, but if they keep raising the taxes I will have to. I like the City of Lake Elmo and want to stay here. Dan Coyle, 5430 Highlands Trail N., explained when he came to the Board of Review to discuss his increased house evaluation there was no adjustment made to his taxes. M/S/P Williams/Mottaz - to continue the Public Hearing on the 1993 Proposed Budget on Wednesday, December 9th at 7:00 p.m. in the City Council chambers. (Motion carried 4-0). 7. PLANNING/LAND USE & ZONING: A. Minor Subdivision - Myrtle Eder and Dean and Emilie Carlson Dean and Emilie Carlson/Myrtle Eder have applied for a minor subdivision of property at 9825 47th Street N. and proposed to create a one 10-acre parcel which will have 320.85 feet of frontage along Keats Avenue. The property consists of 73.26+ acres and is zoned RR and designated (RAD) on the Future Land Use Map. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 7 At their November 23rd meeting, the Planning Commission recommended the Council approve the minor subdivision request subject to: (1) The owner shall provide and dedicate to the city a roadway and utility easement for Keats Avenue as described on the Certificate of Survey prepared by Barett M. Stack, dated 11/18/92. (2) The Owner shall pay a parkland dedication fee of $700 for the newly created parcel. (3) The soil and percolation test for an on -site sewer system shall be approved by the Building Inspector prior to any construction on the new parcel. M/S/P Williams/Hunt - to adopt Resolution No. 92-27, A Resolution granting a minor subdivision to Myrtle Eder and Dean and Emilie Carlson. (Motion carried 4-0). Attorney Filla pointed out the owner has to provide and dedicate to the city a roadway and utility easement for Keats Avenue before the city stamps a deed allowing the subdivision to occur. Also, they have to provide evidence of title to the city so the city is sure that the easement is granted by all parties. M/S/P Williams/Mayor Johnson - to direct the staff to provide a draft revision of the ordinance for minor subdivision requiring the applicant provide evidence of title and correct any other oversights for submission requirements. (Motion carried 4-0). B. Rolling Hills Larry Liles, Developer of Rolling Hills, stated he would start Rolling Hills and Fox Fire Manor approximately at the same time. Liles received a verbal extension for one year of his VBWD permit and will be getting this in writing. Attorney Filla explained if the developer proceeds with Rolling Hills first then we need a blanket easement over Fox Fire Manor the same way he has given the city a blanket easement if he proceeded first with Fox Fire Manor. It would be easier if the city finalized and recorded both plats at the same time and have a developer contract properly secured indicating when improvements would be constructed by the developer. M/S/P Williams/Hunt - that the Council determines the developer, Larry Liles, has fulfilled the requirements set forth on October 6, 1992; therefore, the extension is in effect. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 C. Dog Ordinance Revision Postponed until the City Administrator returns it to the Council. 8. CITY ENGINEER'S REPORT: A. Final Payment to Keys Well Drilling City Engineer, Larry Bohrer, reported that Keys Well Drilling has completed all well abandonment work on the SW-1 Watermain Project. Bohrer requested approval of Compensating Change order No. 1 in the amount of (deduct) $6,172.50 and approval of final payment to Keys Well Drilling in the amount of $5,997.93 to be made upon receiving funds from Washington County. M/S/P Hunt/Williams - to approve Compensating Change Order No. 1 in the amount of (Deduct) $6,172.50. (Motion carried 4-0). M/S/P Hunt/Williams - to approve final payment to Keys Well Drilling in the amount of $5,997.93 with final payment to be made upon receiving funds from Washington County. (Motion carried 4-0). B. 33rd Street and Laverne Avenue Improvements (Update) Larry Bohrer reported that he, Councilman Williams, Administrator Kueffner met with Pete Schiltgen to discuss a possible stormsewer/drainage easement across Mr. Schiltgen's property east of the old Village area needed by the City to proceed with the 33rd Street and Laverne Avenue Project. Mr. Schiltgen was generally receptive to the idea of granting an easement. Two possible routes were discussed: (1) Diagonal route across the property from the southeast corner of the VFW ballfield to an existing culvert across the Railroad tracks, (2) Follow the west and south edges of the field. Mr. Schiltgen asked the city to draft preliminary language that would be on the easement documents, in particular, he was concerned with what rights or privileges he would be granting and in fair compensation for the easements. C. Surface Water Management M/S/P Mottaz/Hunt - to direct the staff to prepare information material to be distributed city-wide relating to the creation of a surface water management utility and recommend a date for a public hearing. (Motion carried 4- 0) . Councilman Williams pointed out several word changes in the submitted ordinance. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 9. CITY ATTORNEY'S REPORT: A. Sampson Accessory Buildings The Council received Attorney Filla's report dated November 30, 1992 where he reviewed the city files relating to the Sampson, Tjosvold, Dahly, Nicholson, Henderson -Linder, and Linder Greenhouse properties. The property owner of the Sampson property was advised that the construction of a pole barn within 100 feet of the side lot line was in violation of the City's regulations and the partial construction was "redtagged". The people who were working on the building chose to continue after being requested by the Mayor and by Washington County Sheriff to stop construction. Attorney Filla explained the city can issue a criminal citation or can commence a civil action in District Court requesting that the court issue an order compelling the property owner to move the structure. When Councilman Williams asked Mrs. Sampson if given until the end of May would she move the building, Mrs. Sampson answered financially she cannot. She would be willing to apply for a variance or a CUP, plant an earth berm and trees. M/S/P Hunt/Mottaz - to direct the staff to send a letter to Mrs. Susan Sampson stating that she is not in compliance with our ordinances, and state those ordinances, and she has 60 days starting December 2, 1992 to bring her property into compliance with our ordinances. (Motion carried 4-0). In regard to Attorney Filla's report on the Tjosvold, Nicholson, Henderson -Linder properties, the Council made the following motion: M/S/P Mottaz/Hunt - to direct the staff to research the Nicholson property, Tjosvold property, and Linder CUP based on discussion at this meeting and determine and specify code violations. If there are code violations state the nature of them legally, and recommend action on each of these cases. (Motion carried 4-0). B. Proposals for Prosecuting Attorney M/S/P Williams/Mottaz - to direct the staff to put out requests for proposals for providing prosecuting attorney services for 1993. (Motion carried 4-0). 10. CITY COUNCIL REPORTS: LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1992 10 11. CITY ADMINISTRATOR'S REPORT: A. 1993 Liquor and Beer Licenses M/S/P Hunt/Williams - to grant a special On -Sale Intoxicating license and On -Sale Sunday intoxicating liquor license (4 4vents pre year) to the Veterans of Foreign Wars Post 5725 contingent upon written confirmation of approval from the Washignton Conty Sheriff's Department. (Motion carried 4-0). M/S/P Hunt/Williams - to grant an On -sale and On -sale Sunday intoxicating liquor license to 3M Club of St. Paul. (Operators of Tartan Park) contingent upon written confirmation of approval from the Washington County Sheriff's Department. (Motion carried 4-0). M/S/P Hunt/Williams - to grant an On -Sale intoxicating liquor, off -ale intoxicating liquor, and on -ale Sunday intoxicating liquor licenses to th Twin Point Tavern and Lake Elmo Inn contingent upon written confirmation of approval from the Washington County Sheriff's Department. (Motion carried 4-0). M/S/P Hunt/Williams - to grant an Off -Sale non -intoxicating malt liquor license to the Brooks Superette; contingent upon written confirmation of approval from the Washignton County Sheriff's Department. (Motion carried 4-0). M/S/P Hunt/Williams - to grant an On -Sale non -intoxicating malt liquor license to Cimarron Park (NHD); contingent upon written confirmation of approval from the Washington County Sheriff's Department. (Motion carried 4-0). B. Capitol City Mutual Aid Association Reciprocal Fire Service Agreement M/S/P Williams/Hunt - to approve the Capitol City Mutual Aid Association Reciprocal Fire Service Agreement for a period of five years following the date of execution and authorize the Mayor and City Administrator to sign this agreement. (Motion carried 4-0). M/S/P Mottaz/Hunt - to adjourn the council meeting at 11:30 p.m. (Motion carried 4-0). DECEMBER 9, 1992 OR DECEMBER 15, 1992 LAKE ELMO COUNCIL'S List of C13ils for Apprsval F s r 1:5o Pariod 12109192 to 1'109132 CtAIH TOTAL AC 1;:NI ACCOUNT 16 1H0M PAID FOR WHAT PURPOSE DATE NUM8ER CIAIM NU3EER SNGU:IT JOHNSt4, DAVID 6 M 0 S MAYOR SALARY 12j09/9-1 1 1 1 Q I,I08.20 100-41i)0-IQ3 1,200.00 100-413;0-122 -91.00 WII11A4S, TOOD 6 NOS COUNCIL SALARY 12/09/92 1111 831,15 100-41i00-103 900.00 130-41i20-122 -68.35 HUNT, LEE 6 NOS COUNCIL SALARY 12109/92 1142 931.IS 10)-41i2)-103 900.00 100-44300-12^: -6E.85 MOTTA2, JESS 6 NOS COUNCIL SAkIRY 12109/32 1143 762,30 100-41i!ii-t�)3 900,D0 1�)0-413)0-122 -137.10 JOHNSON, RICHARD 6 NOS COUNCIL SALARY 12/09/92 1144 $31.15 100-415))-103 900.00 100-41300-122 -68.85 AMERICAN LINEN SUPPLY OFFICE BIDS MAINT. 12/09/92 1145 36.32 100-41'.00-400 36.32 BELLAIRE SANITATION OFFICE DUMPSTER 12/03192 1116 65.91 100-41500-400 65.91 HA68ERG'S COUNTRY MARKET ELECTION FOOD & OFFICE MAINT. 12109192 1117 57.01 100-41110-203 43,84 100-41540-400 13,17 FREECOH FLAGPOLE CITY HALL NEW FLAG 12/09/92 1148 63.90 100-41S40-400 63,90 BINDER PRINTING CO. OFFICE SUPPLIES 12109192 1149 149.50 100-41E)0-200 149.50 WASHINGTON COUNTY TREAS. OFFICE SUPPLIES -MAPS 12109(9Z 1150 5,33 100-4190-200 6.33 GENERAL OFFICE PRODUCTS OFFICE & FIRE DEPT SUPPLIES 12 109/9 2 1151 288.53 100-41S40-200 249.29 100-42:00-200 39.24 TKOA OCT08ER ENGINEERING 12/09192 1152 3,600,59 100-41350-300 1,334.S9 411-41330-320 666,37 - 003-41330-300 1,049.63 B ! & T FIRE & MAINT TELEPHONE 12/09192 1153 18.63 100-42;00-320 19,55 100-43:00-320 29,08 U. S. !BEST TELEPHONE 12/09/92 1154 418.35 100-41500-320 226.33 100-42_?0-320 83,91 100-431!)-320 53.13 100-45;00-320 53,38 NORTHERN STATES POWER CC UTILITIES 12/09/92 1155 2,366.35 100-I!Si0-3�iO Z00.69 100-42230-530 299,58 100-43.00-3,, 313,51 100-43150-330 786.69 109-45;00-380 438.15 691-491?0-3313 3 0 8 . I i 602-49150-330 19.44 JAMES S A C H S MILEAGE TO FIRE S C H 0 0 1 12/09/92 1156 40,20 100-42:d0-207 40,20 CLARE'i'S SAFETY EQUIPMENT REPLACEMENT OF 2 BREATHING APP 12109192 1157 3,304.31 100-12:20-211 3,004.37 LAKE EL15 OIL NOVEMBER FUEL I2J09(92 t15.1 231.IS 100-42;20-212 150,Z5 100-42�)0-331 68,50 00-43:C0-212 9,S5 100-45;20-2.1 2.86 E L M 0 ' 3 Lt'MBE:R .S P L Y W 0 0 0 FIRE & PARKS OEPTS SUPPLIES 12/09192 1159 1317.21 100-42:00-220 46.10 1)0-4',;80-220 40.31 GOPHER STATE ONE -CALL :SAINT. 011 T .A13f,. 12/09192 1160 20.30- 100-43!i0-221 20.0Q GLE4W00D INGLEWOOD TAINT DEPT SUPPLIES 12109/92 1161 12 60 100-43:20-22' 12.60 WEAR ;;,4R0 MAIR3 OEPT CtOTHING ALLOW 12/09/92 1152 335,4S 180--!3:i?-215 335.43 KE2 3.4NIIATTON MAINT CE'T OUMPSTE.R 12 1163 74.55 100-43i4-223 74,65 .4VGTON COUNTY TRESS. MAIljT OEPT-�,.?AO11G SALTJ"AMO 12{09/92 il6a 650.:�} 10d-J?:iA-4?3 34.I GENERAL TIRE MAINT 0 E P T - 4 TIRES & RIMS 12/1)9j32 1165 332,39 100-43:20-dZ1 932,39 CARLSON TRACTOR & EQUIP, SO NAIIII DEPT OIL FILTERS 12/d9/32 1166 6.i7 100-Vs:i0-J21 6.17 RACO It .v S,RE.4SE CO. MA1111 :)EPT-ALL EEQUIP OIt 12j09;92 1167 S49.;1 i00-43:er-2l2 549.1 I A7T0 PARTS) ..1AIII DEPT PARTS & REPAIR 12/09192 Lt63 103.3; t-d-631:_0-;;; 108.i; .List of Claims for Approval For the period 12109/92 to 12/09/92 12199/92 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE GATE NUMBER CLAIM HUNGER AMOUNT CITY OF NORTH ST PAUL ANIMAL CONTROL VEHICLE 12/09/92 1169 165.00 100-42700-415 165.00 ST PAUL STAMP WORKS 1993 DOG LICENSES 12/09/92 1170 74.24 190-42700-203 74.24 TNT RECYCLING NOVEMBER RECYCLING 12/09/92 1171 4,771.24 150-43200-318 3,070.19 803-43200-318 1,700.75 LEHART FRIEDRICH SUNFISH PARK CORN PLANTING 12109192 1172 311.00 100-45200-225 311.00 THOMPSON HARDWARE CO PARKS DEFT SLOG MAINT 12/09192 1173 4.50 100-45200-220 4,50 TOTAL FOR MONTH TOTAL YEAR TO DATE 23,043.01 23,043,91 49,165.10 49,166.10 INVOICE 1 K 1 DA TOLTZ, KING. DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 1500 MERITOR TOWER 444 CEDAR STREET SAINT PAUL. MINNESOTA 55101,2140 PHONE:01=92-4400 FAX:01=92-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Date: November 30, 1992 Commission No: 09150-992 Invoice No: 021049 Period Ending: 10/31/92 For Professional Services in connection with the Attendance at City Meetings. Agreement dated February 2, 1988. October 6, 1992 October 20, 1992 State of Minnesota ) County of Ramsey ) L. Bohrer - City Council Meeting L. Bohrer - City Council Meeting AMOUNT DUE .............................. $ 100.00 // y � � !J 7 t, .3 ss _3 lob - % /9g° 3d Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Noveraher 30, 19 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Q LI\nti EuJOHNSON R:.:ASEY COUNPf My Comm. Expires Aug. 4, 1995 INVOICE T1A TKINGOLTZ,DUVALL,ANDERSON ANDASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 1500 MERITOR TOWER 444 CEDAR STREET SAINT PAUL. MINNESOTA 55101.2140 PHONE:512202-4400 FAXM212024003 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Date: November 30, 1992 Commission No: 09150-002 Invoice No: 021048 Period Ending: 10/31/92 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1. Discuss Section 33 Work Scope w/George Burkhart; L. Bohrer 0.50 Hrs. @ 28.27 = 14.14 T. Prew 1.00 Hrs. @ 21.06 = 21.06 P° 35.20 x 2.75 96.80 2. 1992 Maintenance: R. Dinndor£ 5.00 Hrs. @ 21.06 = T. Prew 18.00 Hrs. @ 21.06 = Expenses: R. Dinndorf - Travel T. Prew - Travel 3. Stonegate: T. Prew 3.00 Hrs. @ 21.06 = Expenses: T. Prew - Travel 105.30 379.08 484.38 x 2.75 = 1,332.05 17.60 46.20 63.18 x 2.75 = 173.75 9.80 1 4. Gun Club Street Light Petition: L. Bohrer 0.50 Hrs. @ 28.27 = 14.14 x 2.75 = 38.89 5. Isle Avenue Petition: L. Bohrer 0.50 Hrs. @ 28.27 = 14.14 x 2.75 = 38.89 6. CSAH 10 - Review Count Report: L. Bohrer 1.00 Hrs. @ 28.27 = 28.27 x 2.75 = 77.74 7. Develoyer's Construction Project Problems Letter to Council: L. Bohrer 1.00 Hrs. @ 28.27 = 28.27 x 2.75 = 77.74 PAGE 2 INVOICE Comm. No. 09150-002 8. County Surveyor's Letter Re• Monuments for Plat: L. Bohrer 0.50 Hrs. @ 28.27 = 14.14 x 2.75 = 38.89 9. 1993 MSA Road Planning_ L. Bohrer 1.00 Hrs. @ 28.27 = 28.27 x 2.75 = 77.74 10. Derrick Land Company - Site Plan Review for Lot 1, Block 2 L. Bohrer 1.00 Hrs. @ 28.27 = 28.27 x 2.75 = 77.74?,hf 11. 1993 Enaineer's Work Plan.• L. Bohrer 0.50 Hrs. @ 28.27 = 14.14 x 2.75 = 38.89 12. Landfill Gas Monitoring Plan w/Wenck• L. Bohrer 1.00 Hrs. @ 28.27 = 28.27 x 2.75 = 77.74 AMOUNT DUE ........................ $ 2,220.46 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date NovemYnr 30, 1992� �) J� n \ Id'! Ccmm. Expires Auk. 4u 995 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED T KDA INVOICE TOLTZ. KING, DUVALL, ANDERSON i AND ASSOCIATES, INCORPORATED (\ ENGINEERS ARCHITECTS PLANNERS 1500 MERITOR TOWER 443 CEDAR STREET SAINT PAUL, MINNESOTA 651014140 PHONE:612Q024400 FAX:61=92-0063 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, DIN 55042 Date: November 30, 1992 Commission No: 09821-02 Invoice No: 021069 Period Ending: 10/31/92 For Professional Services in connection with the SW-1 Water System. Authorization approved at Regular City Council Meeting on August 7, 1990. Construction Phase (09821-02): Personnel: Classification: Billing Rate: T. Prew Registered Engineer .11.00 Hrs. @ 57.92 = Reimbursable Expenses: BLUE PRINT SERVICE CO - Reprod/Reprogr Thomas D. Prew Travel AMOUNTDUE ................................. S State of Minnesota ) ss County of Ramsey 637.12 8.25 21.00 666.37 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED C DFC 8 1992 TKDA INVOICE TNDASSOCI DUVALL, INCOSON RPORATED AND AS&OOIATES, INOORPORgTEO ENGINEERS ARCHITECTS PLANNERS 1500 MERITORTOWER 444 CEDAR STREET SAINT PAUL. MINNESOTA551o1,2140 PHONE:612202-Wo FAX:612202-0069 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 Date: November 30, 1992 Commission No: 10310-01 Invoice NO: 021107 Period Ending: 10/31/92 For Professional Services in connection with the Isle Avenue Grading, Gravel Base. and Bituminous Surfacing and Drainage Improvements. Authorization approved at Regular City Council Meeting on October 20, 1992. Part. I -Feasibility Report (10310-01): Personnel: _Classification: T. Prew Registered Engineer Reimbursable Expenses: Thomas D. Prew - Travel Billing Rate: 10.50 Hrs. @ 57.92 AMOUNT DUE ................................. $ State of Minnesota ) ss County of Ramsey 608.16 5.60 613.76 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant- and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED r' /► .� 1 1/.. 1 1.. 1 6 1 1 1. 1. 1.// 1 1 1 1. 1► LAKE ELMO CITY COUNCIL MEETING WEDNESDAY, DECEMBER 9, 1992 AGENDA 7:00 P.M. Meeting Convenes i 1. AGENDA 2. CLAIMS 3. Continuation of the Public Hearing on the 1993 Proposed Budget 4. Adjourn DECEMBER 1, 1992 LAKE ELMO COUNCIL MEETING List of Claims for Approval For the period 11/25/92 to 11/25/92 11/25/92 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT LEAGUE OF MN CITIES DECEMBER INSURANCE PREMIUM 11/25/92 1116 2,643.52 100-41500-130 1,406.13 100-42400-130 373.31 100-43100-130 864.08 MINN. BENEFIT ASSN, DECEMBER INSURANCE PREMIUM 11/25/92 1116 582,30 100-41500-130 72,12 100-43100-130 510.18 ALLIED GROUP INSURANCE TRUST DECEMBER INSURANCE PREMIUM 11/25/92 1117 61.26 100-41509-130 28.66 100-42400-130 14.10 100-43100-130 18.50 FOUR SEASONS SERVICES COFFEE CUP INSERTS 11/25/92 1118 22.81 100-41300-331 22,87 BELLAIRE SANITATION OFFICE OUMPSTER 11/25/92 1119 65.91 100-41500-400 65.91 PRESS PUBLICATIONS LEGAL PUBLICATIONS 11/25/92 1120 158.03 100-41500-351 158,03 A T 6 T OFFICE TELEPHONE MAINT. 11/25/92 1121 59.96 100-41500-320 59.96 D.C. HEY CO. COPY MACHINE MAINT CHG 11/25/92 1122 291.27 I00-41500-200 291,27 WARNER, RON CABLING 3 COUNCIL MEETINGS 11/25/92 1123 128.00 100-41300-331 128,00 FRIEDRICH, BEN OCTOBER COMPOST WORKER 11/25192 1124 50.00 108-43200-317 50.00 TACKS, CARL OCTOBER & NOV. COMPOST WORKER 11/25/92 1125 77.54 100-43200-317 77.50 MARTHA EMERSON I1/5/92 RECYCLING LOTTERY WINNER 11/25/92 1126 25.00 100-43200-318 25,00 MINN.CONWAY FIRE & SAFETY FIRE DEPT SUPPLIES 11/25/92 1127 372.62 lal-42200-217 372.62 ROAD RESCUE INC FIRE DEPT - EMS SUPPLIES 11126/92 1128 425.85 108-42200-217 425,85 DAMES SACHS PREPARATION OF SEPT & OCT RUNS 11/25/92 1129 108.00 100-42200-200 108.01 e^eEVILLE RADIO FIRE DEPT RADIO SERVICE 11/25/92 1130 57.25 100-42200-323 57.25 ;H ST. PAUL FIRE DEPARTMENT FIRE DEPT - BUNKER GEAR CLEANING 11125/92 1131 50.00 100-42200-218 50.00 MR STATE FIRE DEPT.ASSN. FIRE DEPT DUES 11/25/92 1132 90.00 100-42200-433 90.00 RICHARD SACHS FIRE DEPT SUBSCRIPTIONS 11/25/92 1133 40.00 100-42200-433 40.00 RICHARD COLEMIER FIRE DEPT DUES 11/25/92 1134 50.00 100-42201-433 50,00 LAKE ELMO FIRE DEPARTMENT FIRE PREVENTION OPEN HOUSE 11/25/92 1135 452.39 100-42200-217 452.39 CELLULAR ONE FIRE DEPT CELLULAR PHONE 11/25/92 1135 10.92 100-42200-320 10.92 MENARDS PARKS DEPT - HOCKEY BOARDS 11/25/92 1137 189.63 100-45200-219 189.63 OUBERL LANDSCAPING DEMONTREVILLE WALKING PATH 11/25/92 1133 1,200.00 4 0 4 - 4 5 2 0 9 - 5 3 0 1,200,00 MINN. DEPT, OF REVENUE WATER FUND - UTILITY FEE (QTLY) 11/25/92 1139 320.42 681-49400-216 320.42 TOTAL FOR MONTH 7,532.70 7,532.70 Planning commissioner questions use of public funds by Laurel Schweigert — PLANNING AND PARK COMMISSION CHRISTMAS PARTY/APPRECIATION DINNER An interesting question was raised by Mrs. LouAnne Leski of the Oakdale City Planning Commission during their November .12the meeting. Each year the Planning and Parks Commissions hold a dinner near the Christmas holidays. It is usually held at one of the city's finer restaurants. This Year the Commission suggested it be held at Toby's on the Lake. The question lay not in the location, but rather in how and just who would be doing the paying. It seems that for a number of years, the Planning and die Parks Commissions have used city funds for this party. One year they tried to hold a potluck at one members house, but the original plan was reinstated later. Mrs. Leski, however, objected to the use of city Inds for the celebrationliShe cited r 1988 article in Minnesota Cities, a publication put out by the Minnesota League of Cities. Author Peter Tripz pointed out that such a use of public funds must meet two criteria in order to be allowed, according to a 1966 ruling by the Minnesota Attorney General's Office. The criteria are that the event must be for a public purpose, and it must also be authorized in the city charter that this specific expense is to be allowed. The Commissions asked City Attorney, Seldon Caswell, to investigate any further ndings on this use of taxpayers money. As yet, he has responded to die Commissions, but says he will do so before the proposed celebration date of December 2, 1992. The original rationale for having the city pay for this celebration is based on another decision from the Attorney General's Office dating from 1977. This decision states that city officials' pay and bonuses should he retroactive. Commission members believe that this celebration would fall into the category of part of their salary and/or bonus. After contacting the Minnesota Attorney General's office around 1:00 p.m. November 25, the Oakdale Clarion received a return call from Melissa Wright in the City Issues Department of the Attorney General's Office. According to Ms. Wright, the 1966 decision still stands. She also stated that very few if any cities use city funds to Pay for these types of events and , in her words, "the state(of Minnesota) certainly does not." Since the Planning Commission and the Parks Commission have not yet heard from the City Attomey, residents are left wondering where their money is going. In the words of Mrs. Leski, "I just can't see my neighbors approving of their (awes being paid so that I could go out to dinner." 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 the 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 has not 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 AGENDA DECEMBER I, 1992 7:00 P.M. MEETING CONVENES I. Agenda 2. Minutes: November 17, 1992 3. Claims 4. Public Inquiries S. Old Business A. Parking restrictions on Lake Elmo Avenue. B. Shoreland Permit and Variance granted to James Dillon at 8190 Hill Trail N. C. Other 7:30 p.m. 6. PUBLIC HEARING - 1993 BUDGET 7. Planning, Land Use and Zoning A. Minor Subdivision - Myrtle Eder and Dean and Emilie Carlson B. Rolling Hills C. Dog Ordinance Revision D. Other �. City -Engineer's Report A. Final Payment to Keys Well Drilling B. 33rd Street and Laverne Ave. Improvements (Update) C. Surface Water Management D. Other -------------------------------------------- BREAK ----------------------------------------------- 9. City Attorney's Report A. Sampson Accessory Buildings B. Other OVER 10. City Council Reports Mayor Johnson Councilman Hunt Councilman Johnson Councilman Mottaz Councilman Williams 11. City Administrator's Report A. 1993 Beer and Liquor Licenses B. Capitol City Mutual Aid Association Reciprocal Fire Service Agreement Adjourn