HomeMy WebLinkAbout01-05-93 CCMMINUTES APPROVED: 1-19-93
LAKE ELMO CITY COUNCIL MINUTES
JANUARY 5, 1993
CITY ADMINISTRATOR MARY KUEFFNER CALLED THE CITY COUNCIL
MEETING TO ORDER AT 7:05 p.m. IN THE CITY COUNCIL CHAMBERS
AND ADMINISTERED THE OATH OF OFFICE TO MAYOR ELECT WYN JOHN
AND COUNCIL MEMBERS ELECT, RITA CONLIN AND KAREN JOHNSTON
PRESENT: Mayor John, Mottaz, Conlin, Johnston, Johnson,
City Engineer Bohrer, City Attorney Filla, Building Official
McNamara, and Administrator Kueffner.
1. AGENDA
ADD: 9. Resolutions of Appreciation
M/S/P Conlin/Johnston - to approve the January 5, 1993 City
Council agenda as amended. (Motion carried 5-0).
2. MINUTES: December 15, 1992
M/S/P Mottaz/Johnson - to approve the December 15, 1992 City
Council minutes as presented. (Motion carried 2-0-3
Abstain: John, Conlin, Johnston).
3. CLAIMS:
M/S/P Johnson/Johnston - to approve the January 5, 1993
claims #1180 thru #1240 as presented. (Motion carried 5-0).
4. PUBLIC INQUIRIES:
Nancy Hansen, 8024 Hill Trail N., asked the council if
anything could be done to increase the raises given to the
city staff.
5. ANNUAL APPOINTMENTS:
A. Appointment of Acting Mayor
M/S/P John/Conlin - to appoint Dick Johnson as Acting Mayor.
(Motion carried 4-0-1: Abstain: Dick Johnson).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993 2
B. Designation of Official Depositories
The City used the following depositories for placement of
City funds in a checking account, in certificates of deposit
for short term investments and in bonds for long-tem
investments.
Lake Elmo Bank
Royal Alliance Association
Paine Webber
Prudential Securities
Merrill Lynch
Minnesota Municipal Money
Inc. (Franklin Fund)
Market Fund (The 4M Fund)
Finance Director, Marilyn Banister, has indicated that these
six depositories have provided good service to the City in
1992.
M/S/P Johnston/Conlin - to designate the Lake Elmo Bank,
Royal Alliance Association, Inc. (Franklin Fund), Paine
Webber, Prudential Securities, Merrill and the Minnesota
Municipal Money Market Fund (The 4M Fund) as the City of
Lake Elmo's official depositories for 1993. (Motion carried
5-0) .
C. Resolution No. 93-1 Authorize Payment of Funds from
Lake Elmo Bank
M/S/P Johnston/Conlin - to adopt Resolution No. 93-1, as
amended, A Resolution Designating Official City Depository
and Authorizing Signatures For Payment of Funds from Lake
Elmo Bank. (Motion carried 5-0).
D. Designation of Legal Newspaper
Press Publications (St. Croix valley Press) was designated
our legal newspaper for 1992. They have again requested
they be considered as our legal newspaper as has the
Stillwater Gazette. Quotes were received and there is a
substantial difference in the legal rate from each
newspaper. The Stillwater Gazette provided a better
distribution of the paper.
M/S/P Mottaz/Johnson - to designate the Stillwater Gazette
as the City's Official Legal Newspaper for 1993, (Motion
carried 5-0).
The public will be informed of the change in the January
newsletter.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993 3
E. Appointment of City Engineer
Larry Bohrer, TKDA, has requested reappointment as the City
Engineer with no increase for services proposed for 1993,
M/S/ Mottaz/Johnson - to direct the staff to advertise for
bids from other firms for a City Engineer, City Planner and
City Attorney
M/S/P Johnson/Johnston - to amend the motion to include that
the city will solicit bids for City Engineer, City Planner,
and City Attorney for 1994. (Motion carried 4-1: Mottaz).
M/S/P Mottaz/Johnson - to inform the staff that the City
will solicit bids for City Engineer, City Planner, and City
Attorney for 1994. (Motion carried 4-1: Mottaz).
M/S/P Johnson/Johnston - to appoint Larry Bohrer, TKDA, as
the City's Consulting Engineer for 1993, (Motion carried 4-
1: Mottaz).
F. Appointment of City Attorney
Jerry Filla, Peterson, Fram, Bergman, requested
reappointment as the City Attorney for civil matters and
rates will remain at $90 per hour for attorney fees and $50
per hour for paralegal fees.
M/S/P Conlin/Johnston - to appoint Jerry Filla, Peterson,
Fram, Bergman, as the City's civil attorney for 1993.
(Motion carried 4-1: Mottaz).
The former city council directed the City Administrator to
prepare a Request for Proposals for prosecuting services.
The RFP will be completed and advertised some time after the
first of the year.
MIS/ Johnston/Johnson - to appoint Jerry Filla, Peterson,
Fram, Bergman, as an interim prosecuting attorney until such
time as bids have been received for the prosecuting attorney
position.
M/S/P Conlin/Johnson - to amend the motion to include
appointing Jerry Filla to continue serving as prosecuting
attorney for 1993. (Motion carried 4-1: Mottaz).
M/S/P Johnson/Johnson - to appoint Jerry Filla, Peterson,
Fram, Bergman, as the City's Prosecuting attorney for 1993
acknowledging that this service will be put out for bids for
1994. (Motion carried 4-1: Mottaz)
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993 4
G. Appointment of City Planner
Mike Black, McCombs, Frank, Roos, Assoc., has requested
reappointment as the City Planner at a 5% increase
($62/Hr.), the first rate adjustment made since his starting
date in 1989.
M/S/P Johnston/Johnson - to appoint Mike Black, McCombs,
Frank, Roos, Assoc, as the City's Planner for 1993, (Motion
carried 4-1: Mottaz).
H. Appointment of City Financial Consultant
M/S/P Johnson/Johnston - to appoint Kathy Aho, Springsted
Company, as the City's Financial Consultant for 1993.
(Motion carried 5-0).
I. Approval of Contract with Washington County for
Law Enforcement Services.
M/S/P Mottaz/Conlin - to accept the Agreement for Law
Enforcement Services with Washington County for 1993 in the
amount of $108,432.94. (Motion carried 5-0).
J. Appointments to Planning Commission
Ed Stevens and Lonny Thomas have expressed their desire for
reappointment to the Planning Commission. Rob Enes was sent
a letter asking if he would like to stay on the Commission.
As of this day the City has not had a response from Mr,
Enes.
M/S/P Johnson/Johnston - to appoint the first alternate,
Karin Schubert, as a full -voting member for a three year
term and Ed Stevens and Lonny Thomas as full -voting members
for three year terms on the Planning Commission. (Motion
carried 5-0).
M/S/P Johnston,Johnson - to appoint the second alternate,
Bruce Weeks, to serve out the term of Rita Conlin which
expires December 31, 1994. (Motion carried 5-0).
Planning Commission vacancies will be advertised in the
January Newsletter.
K. Appointments to Parks Commission
The terms of Dan Trauscht and Randy Thoreson both expire
December 31, 1992. Mr. Thoreson has expressed a desire to
be reappointed, but Mr. Trauscht has declined.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993 5
M/S/P Conlin/Johnson - to reappoint Randy Thoreson to the
Parks Commission for a three year term and the lst
Alternate, Tony Collette, be moved up to a full -voting
member for a three year term, and that Judy Blackford be
moved up to 1st Alternate and that the City advertise the
vacancy. (Motion carried 5-0).
L. Appointments to Ramsey/Washington Counties
Suburban Cable Communications Commission
Dave Garloff has submitted his resignation from the Cable
Commission effective December 31, 1992. Karen Wandmacher
indicated she would like to be reappointed as the city's
citizen representative. Each regular member of the Cable
Commission should also have an alternate.
M/S/P Johnston/Johnson - to appoint Karen Wandmacher and
Rita Conlin as Lake Elmo's Representatives to the
Ramsey/Washington Counties Suburban Cable Communications
Commission. (Motion carried 5-0).
M/S/P Johnston/Johnson - to advertise in the city Newsletter
for alternates to the cable commission and postpone this
item until the January 19th council meeting. (Motion
carried 5-0).
M. Appointments to Community Education Advisory Boards
I.S.D. 622, 834 and 832.
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 or 832 Board
despite our advertisement in the newsletter and on cable
television.
M/S/P Johnson/Johnston - 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. (Motion
carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993 6
6. ANNUAL REVIEW OF CONDITIONAL USE PERMITS:
The Council received a review by Jim McNamara on the
Conditional Use Permits in the City.
Armstrong CUP:
Jim McNamara reported the exterior storage of vehicles has
exceeded the allowable limit of 100 vehicles. A letter was
sent to the owner requesting compliance with the CUP and an
updated site plan has been requested. Mr. Armstrong
contacted the city stating there are more than 100 vehicles
stored outdoors, but the excess vehicles are in the process
of going thru a Sheriff's Sale because the renters defaulted
on the storage contract. After the sale, these vehicles
will either be sold or will become the property of Mr.
Armstrong.
M/S/P Conlin/Johnson - to direct the staff to write a letter
to Tom Armstrong requesting him to comply with the CUP by
removing the vehicles in excess of 100 within 30 days from
January 5, 1993. (Motion carried 5-0).
There was discussion on what the intended purpose of the
land is going to be and how the new use is going to affect
what the objective was in granting the original permit. The
Council will look into what the purpose of the formula of
2.5 acres per vehicle, up to 100 vehicles, and whether or
not the buffer still exists even though part of that
property has been sold and to check if there are other sales
or conveyances of the Armstrong property.
The city attorney will assess this situation and report back
at the January 19th meeting. The Council will also review
the June 16, 1992 Council minutes.
Shafer Mining CUP:
Councilman Johnson had received complaints from neighbors on
hours of operation and the amount of heavy traffic tracking
dirt onto Jamaca Avenue. He asked if the permit could be
modified to include conditions of hours of operation and
responsibility of maintenance of Jamaca Avenue.
M/S/P Johnson/Mottaz - to request the staff to review the
proposed changes for the Shafer Mining CUP and give the
Council recommendations as to legality and appropriateness
and exempt Shafer Mining from the list of CUP approval until
this information is received. (Motion carried 5-0).
Bergmann CUP:
Jim McNamara reported the Bergmann's will be coming in with
an updated site plan within the week showing the area
subject to the CUP.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993 7
M/S/P Mottaz/Conlin - to direct the staff to write a letter
! to the Bergmann's instructing them to provide an updated
site plan to the Building Inspector before the January 19th
council meeting. (Motion carried 5-0).
Hammes Minina CUP:
Jim McNamara reported that Hammes Mining has been crushing
concrete and aggregate and selling materials near County
Road 10 that may or may not have been processed on their
property. At this time there isn't a glass recycling
operation on the site or any land reclamation being done.
None of these conditions are in the CUP. Jim has been
working with the Hammes family on specific amendments to the
CUP.
When the Hammeses come in to explain what their intended use
is of their site, the Council will determine if this use
fits the definition of mining and whether they are in
compliance with their CUP. If the use doesn't fall under the
mining definition, the Council would have to determine if it
is an activity that they would allow in the Ag Zone.
Consequently, the regulations would have to be amended
accordingly and the PZ would be directed to have a hearing
to consider an amendment to the text of the code.
MIS/ Mottaz/Johnston - to direct the staff to write a letter
to Hammes Mining instructing them to submit their intended
use of their property to the Code Enforcement Officer within
30 days.
M/S/P Johnston/Johnson - to amend the motion to include the
staff indicate the letter that presently it is the city's
view Hammes Mining is not in compliance with their CUP and
to point out those aspects which are not in compliance.
(Motion carried 5-0).
M/S/P Mottaz/Johnston - to direct the staff to write a
letter to Hammes Mining instructing them to submit their
intended use of their property to the Code Enforcement
officer within 30 days and also indicate that presently it
is the city's view Hammes Mining is not in compliance with
their CUP and point out those aspects which are not in
compliance. (Motion carried 5-0).
The Council accepted the review of the Building Inspector on
the Conditional Use Permits. The Hammes Cleanup will be
discussed at the January 19th meeting.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993
7. CITY, ENGINEER'S, REPORT:
A. Final Payment to Kenko, Inc. for SW-1 Watermain
Larry Bohrer, City Engineer, reported that work in
conjunction with the SW-1 Watermain Project constructed by
Kenko, Inc is complete and ready for final acceptance.
Councilman Johnson commented that the work done by Kenko on
the SW-1 Watermain was highly unsatisfactory.
M/S/P Mottaz/Conlin - to accept the work performed by Kenko,
Inc. for the construction of the SW-1 Watermain Project.
(Motion carried 5-0).
M/S/P Johnston/Mottaz - to approve Change Orders No. 3 for
an additional $4,243.29 and Change Order No. 4 for a
deduction of $11,650.66. (Motion carried 5-0).
M/S/P Mottaz/Johnson - to approve final payment in the
amount $42,689.01 to Kenko, Inc. with the stipulation that
the check be issued after the City received this amount from
Washington and Ramsey Counties. (Motion carried 5-0).
CITY ATTORNEY'S REPORT: None
CITY COUNCIL REPORTS:
Mayor John re-emphasized that he represents the
interests of the Lake Elmo residents and although many
subjects are controversial he would support the solution
that would best meet the interest of the citizens of Lake
Elmo. Local ordinances will be followed and changed if they
proved to be outdated. He would work with and through the
City Administrative staff to run the city effectively,
M/S/P John/Johnson - to direct the staff to prepare
Resolutions of Appreciation (Resolution No. 93-2 - 93-6 )to
ex -mayor Dave Johnson, ex -councilor Lee Hunt and ex -
councilor Todd Williams, Parks Commissioner Dan Trauscht and
Cable Commissioner Dave Garloff to be presented at the
Volunteer Appreciation Party on January 9th. (Motion
carried 5-0).
,,,LAKE E]�MO CITY COUNCIL MINUTES JANUARY 5, 1993 9
,10. Cl,,* Ap*INISTRATOR'S REPORT:
A. Old Business
At the December 15, 1992 meeting, Mayor Johnson brought up
several issues that he felt should be dealt with by the
city. The Council prioritized the issues as follows:
1. General Development of Properties with Surface Water
Flow to Eagle Point Lake
Larry Bohrer explained that formally the VBWD Rule and the
Lake Elmo Rule were the same in that the probability of
additional water leaving a site after development shall be
less than 1% applied to both rate and volume of water
running off. Oakdale successfully challenged the volume
portion of the Rule. Valley Branch is still able to enforce
the probability of additional rate of water leaving the site
shall be less than 1%, but they cannot enforce the volume
control.
Mayor John requested a legal opinion by the City Attorney on
why volume control is unacceptable and the possibility of
challenging this.
2. Old Village Waste Treatment Suggestions
3. Senior Housing
4. Ordinance to control use of fertilizer, pesticides,
and herbicides
5. Heritage Preservation Commission Ordinance Changes
Hiahwav 5 Land Use and Zoning_
M/S/P Conlin/Johnston - to direct the City Administrator to
set up a workshop with the Lake Elmo City Council and
Planning Commission jointly with the Baytown Township Board
to discuss our common borders in February on an off PZ
Monday meeting or an off City Council Tuesday night.
(Motion carried 5-0).
Mayor John indicated he had been in discussion with 3M
planners and they are proposing to come in to talk to the CC
and PZ jointly so this workshop also has to be set up.
Detachment/Annexation Resolution:
Capt. McGlothlin, Washington County Sheriff's Dept.,
reported that the Washington County surveyor has completed
his report and will have it delivered to the City
Administrator on Wednesday so we will be able to proceed as
the former Mayor has suggested.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993 10
B. Letter from Minnesota Pollution Control Agency
The City received a letter from David Douglas, MN Pollution
Control Agency, requesting a questionnaire for Washington
County landfill and Request for Production of Documents.
The MPCA is responsible for implementing the MN
Environmental Response and Liability 'Act (MERLA). MERLA is
the cornerstone of the state's efforts to investigate and
remedy sites where there are releases of hazardous
substances of pollutants or contaminants to protect public
health, welfare, or the environment.
M/S/P Johnson/Conlin - to direct the City Administrator to
seek whatever sources are required to provide the answers to
this questionnaire and to respond within the time limit of
30 days from receipt of the letter (12/28/92) and the final
answers to the questionnaire be reviewed by the City
Attorney. (Motion carried 5-0).
C. Letter from Mn/DOT regarding TH 36
Jess Mottaz, the City's representative to this committee,
gave a brief summary as to why this group was formed. Mayor
John voiced his concern if Councilman Mottaz was the
appropriate city's representative because he owns frontage
along Highway 36.
Councilman Mottaz indicated it was stated that because he
owned property along Hwy 36 he probably had a conflict of
interest and therefore should not be a member of the Hwy 36
study committee. The study committee has no legal decision
making authority; therefore,, no one serving on the study
committee will be found guilty of a conflict of interest as
defined by MN statutes.
M/S/P Johnson/Conlin - to accept Jess Mottaz's resignation
and appoint Wyn John as the city's representative to the
Mn/DOT Committee regarding TH 36. (Motion carried 5-0).
M/S/P Mottaz/Johnson - to adjourn the city council meeting
at 10:10 p.m. (Motion carried 5-0).
LAKE
ELMO
JANUARY 5,
1993
COUNCIL
MEETING
List
of Claims for
Approval
For the period 12131/92 to
12/31192
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT
PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
O.C. HEY CO.
COPY MACHINE MAINT
CHARGE
12/31/92
1134
176.10
100-41500-200
176.10
PITNEY 80WES
POSTAGE
METER &
SCALE SERVICE
12/31/92
1131
268.00
100-41500-2D0
268.00
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
12131192
1182
255.35
105-41300-331
35.04
100-41500-200
220.31
JNITED BUSINESS MACHINES, INC.
PRINTER
SERVICE
12/31/92
1183
100,00
100-11SOO-200
100.00
PRESS PUBLICATIONS
LEGAL PUBLICATIONS
12131192
1184
131.67
150-41500-351
131.67
BUSINESS RECORDS CORP.
ELECTION MACHINE
- ZED PHI
12/31192
1185
7,200.51
100-41410-530
7,200.51
DICKHAUSEN. MAXINE
1113/92
ELECTION
JUDGE
12131192
1186
59,50
100-41410-104
59,50
VAN GENMELTRAADT, MARJANNE
1113192
ELECTION
JUDGE
12131192
1187
6638
100-41410-104
65.88
HOLM, BARBARA
11/3/92
ELECTION
JUDGE
12131192
1188
30.81
100-41410-104
30.81
8RENENGEN, EMILY
1113192
ELECTION
JUDGE
12/31192
1169
29.75
100-41410-194
29.75
BANKS, MARJORIE
11/3/92
ELECTION
JUDGE
12/31192
1190
63.75
100-41410-104
63.75
HOOT, CHERYL
11/3192
ELECTION
JUDGE
12131192
1191
62.69
100-41410-164
62.69
EVERSON, ELOISE
11/3/92
ELECTION
JUDGE
12/31/92
1192
64.81
100-41410-104
64.31
MORIS, JUDY
11/3/92
ELECTION
JUDGE
12131192
1193
60,56
100-41410-104
60.56
O'DONNELL, PATRICIA
11/3192
ELECTION
JUDGE
12131192
1194
34,00
100-41410-104
34.10
CHRIST, HELEN
11/3/92
ELECTION
JUDGE
12/31192
1195
34.00
100-41410-104
34.09
THOMPSON, VERLE
11/3/92
ELECTION
JUDGE
12/31192
1196
37.19
100-41110-104
37.19
KUEHN, DONNA
1113192
ELECTION
JUDGE
12131192
1197
31.83
100-41410-104
31.83
NIELSEN, VICKI
11/3/92
ELECTION
JUDGE
12131192
1198
14.88
190-41415-104
14.83
".SEE, NAHCY
11/3/92
ELECTION
JUDGE
12/31192
1199
81.25
100-41410-104
81.25
dELS, BETTY
11/3/92
ELECTION
JUDGE
12131/92
1200
87.65
100-41410-104
87.50
SCHNEICER, BUDD
11/3/92
ELECTION
JUDGE
12131192
1201
29.75
100-41410-104
29.75
HERZFELD, BETTY
11/3/92
ELECTION
JUDGE
12/31192
1292
37.19
100-41410-154
37.19
TACKE, CARL
11/3/92
ELECTION
JUDGE
12/31192
1203
29.75
100-41410-104
29.75
FRIEDRICH, BEN
1113/92
ELECTION
JUDGE
12/31/92
1204
29.75
100-41410-104
29.75
CRIMMINS, CAROL
11/3/92
ELECTION
JUDGE
12131192
1205
40.38
100-41410-tO4
40.38
% TT, MARY
11/3192
ELECTION
JUDGE
12131/92
1206
29.75
100-41410-104
29.75
GRIFFIN, WILLARD
11/3/92
ELECTION
JUDGE
12131192
1207
29,76
100-41410-104
29.75
;WANSOH, BARBARA
11/3/92
ELECTION
JUDGE
12/31/92
1208
29.75
100-4t410-104
29.75
SCHAEFER, MARILYN
tl/3/92
ELECTION
JUDGE
12131192
1209
44.63
100-41410-104
44.63
CARLSON, DOUG
1113192
ELECTION
JUDGE
12131192
1210
29.75
100-4I410-104
29.75
TANDEM, JOHN
1113/92
ELECTION
JUDGE
12/31192
1211
29.75
100-11410-104
29.75
WALKER, TOM
1113192
ELECTION
JUDGE
12/31/92
1212
29.75
100-41410-tO4
29.75
KENNING, GRACE
11/3/92
ELECTION
JUDGE
12131192
1213
31.88
100-41410-104
31,88
WOHLBERG, LUCILLE
1113192
ELECTION
JUDGE
12131/92
1214
59.50
190-41410-104
59,50
SZCZECH, ALEX
1113192
ELECTION
JUDGE
12131192
1215
29.75
100-41410-104
29.75
OLSEN, AUBREY
11/3/92
ELECTION
JUDGE
12131/92
1216
70.13
100-11410-104
10,13
BEERS, JIM
1113/92
ELECTION
JUDGE
12131/92
1217
60.00
100-11410-104
68.00
F.X,L., INC.
ASSESSOR
PARTIAL
PAYMENT
12131/92
1218
1,100.00
100-41550-300
1,100.00
NIELSEN, GREGG & JULIE
12116/92
RECYCLING
LOTTERY WINNER
12131192
1219
25.00
100-13209-318
25.09
WASHINGTON COUNT'? TREAS,
2NO 1/2
1992 POLICE
CONTRACT
12/31/92
1220
51,411.60
100-12100-300
51,411.60
SPARTAN
1992 MUGS
FOR APPRECIATION
12131/92
1221
303.10
100-41300-331
393.10
WAGNEA, R 0 N
1210 & 1211S
CABLING
COUNCIL M T G S
12131/92
1222
14.00
100-41300-331
44.00
MICHAEL SMITH
DECEMBER
ANIMAL
CONTROL
12/31192
1223
644.05
100-42790-IIA
602.B0
100-42700-203
12.90
S T
OFFICE TELEPHONE
MAINT
12131/92
1224
59.96
100-41500-320
59.96
�. ;. WEST
DECEMBER
TELEPHONE SERVICE
12131192
t225
427.13
100-41500-32?
241.68
100-42200-320
i5,56
100-43109-320
54.89
190-15209-329
54.00
ith!r'
NORTHERN STATES POWER CO
DECEMBER
UTILITIES
12/31/92
1226
2,596,32
100-41500-380
229.10
100-12200-380
41d.73
�y
list of Claims for Approval
For the period 12J31192 to 12/31192
12j31/92
CLAIN
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM_
NUMBER
AMOUNT
100-43100-380
375.89 �O a
100-43169-380
783,00
100-45200-380
468,72 �a
691-49400-380
304.93 °
602-49450-380
19.45
G-WHIZ LETTERING
FIRE DEPT - CLOTHING EXPENSE
12/31192
1227
202.00
100-42200-218
202.00
CELLULAR ONE
FIRE DEPT DEC. CELLULAR PHONE
12131/92
1228
10.92
100-42200-320
10.92
LEES AUTO SUPPLY
FIRE DEPT PARTS & REPAIR
12/31192
1229
7.41
180-42200-220 -
7.41
METRO FIRE
FIRE OEPT CAP OUTLAY -PRESSURE FAN
12/31192
1230
980.00
110-42200-130
980.00
ROSEVILLE RADIO
FIRE DEPT RADIO SERVICE
12/31192
1231
22.50
100-42200-323
22.50
NINN,CONWAY FIRE & SAFETY
FIRE DEPT SUPPLIES
12131/92
1232
189,97
100-42200-218
189.97
ELVIN SAFETY SUPPLY INC,
FIRE DEPT TRAINING VIDEO
12131192
1233
55.03
100-42200-207
55.00
WEAR GUARD
MAINT DEPT CLOTHING ALLOWANCE
12131/92
1234
69,99
190-43100-218
69.99
T.A. SCHIFSKY & SONS
MAINT DEPT-BLACKTOPPING
12131/92
1235
540.00
100-43100-407
540,00
MENAROS
MAINT DEPT SUPPLIES
12131/92
1236
64.45
100-43100-224
61.45
DISPLAY SALES
CHRISTMAS LIGHTS REPAIR
12131192
1237
48.99
100-45200-219
48.99
W.C.FEEOS, INC.
PARKS DEPT SUPPLIES
12/31/92
1238
10.64
100-45200-219
10.64
PINKYS CROIXLAND
SEWER FUND -PUMPING LIFT STATIONS
12131192
1239
195.00
602-49450-210
195.00
TRI STATE
SEWER FUNG-LIFT STATION REPAIR
12131192
1240
332.73
602-49450-210
332.73
TOTAL
68,880.58
68,880.58
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
January 5, 1993
Oath of Office Administered to Mayor Elect, Wyn John and Council
Members Elect, Rita Conlin and Karen Johnston
7:00 p.m. MEETING CONVENES
I. Agenda
2. Minutes: December 15, 1992
3. Claims
4. Public Inquiries
5. Annual Appointments
A. Appointment of Acting Mayor
B. Designation of Official Depositories
C. Resolution 93-1 authorize payment of
funds from Lake Elmo Bank
D. Designation of Legal Newspaper
E. Appointment of City Engineer
F. Appointment of City Attorney
G. Appointment of City Planner
H. Appointment of City Financial Consultant
I. Approval of Contract with Washington County
for Law Enforcement Services
J. Appointments to Planning Commission
K. Appointments to Parks Commission
L. Appointments to Cable Commission
M. Appointments to Community Education Advisory Boards
I.S.D. 622, 834 and 832
N. Other
6, Annual Review of Conditional Use Permit
7. City Engineer's Report
A. Final Payment to Kenko, Inc. for SW -I Watermain
B. Other
8. City Attorney's Report
OVER
9. City Council Reports
MayorJohn
Councilmember Conlin
Council member Johnson
Council member Johnston
Councilmember Mottaz
10 City Administrator's Report
A. Old Business
B. Letter from MPCA
C. Letter from MN/Dot
D. Other
11. Adjourn
MINUTES APPROVED: January 5, 1993
LAKE ELMO CITY COUNCIL MINUTES
DECEMBER 15, 1992
Mayor Johnson called the city council meeting to order at
7:00 p.m. in the city council chambers. PRESENT: Mayor
Johnson, Hunt, Dick Johnson, Mottaz, Williams, City Engineer
Bohrer, City Attorney Filla, and Administrator Kueffner.
1. AGENDA
M/S/F Williams/Hunt - to delete the agenda items under City
Council Reports/Mayor Johnson because the items should be
passed on to the new city council. (Motion failed 2-3:
Mayor Johnson, Mottaz, Dick Johnson).
2, MINUTES: December 1, 1992
M/S/P Mottaz/Dick Johnson - to approve the December 1, 1992
City Council minutes as amended. (Motion carried 4-0-
1:Abstain: Dick Johnson).
MINUTES: December 9, 1992
M/S/P Williams/Hunt - to approve the December 9, 1992 City
Council minutes as presented. (Motion carried 5-0).
3. CLAIMS
M/S/P Williams/Hunt - to approve the December 15, 1992
Claims #1174 through #1179 as presented. (Motion carried 5-
0).
3. OLD BUSINESS:
A. Isle Avenue (petition for improvement)
Several Council members indicated the costs involved to put
a street through is way above the benefit assigned to the
abutting properties. Mayor Johnson believed this road
should ultimately be a through street. Councilman Johnson
shared this concern, but in reality the city cannot afford
to put a street through. Therefore, the council has to be
careful using cul-de-sacs as a planning tool and the
developer should be forced to develop a road plan.
M/S/P Williams/Mottaz - to reject the petition for extension
of Isle Avenue North between Springborn's Green Acres Second
Addition and Jane Road North. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 1992 2
B. Thoroughfare Plan - Public Informational Meeting
Property owners were notified of the public informational
meeting. Letters commenting on the Thoroughfare plan were
received from Charles R. Bartholdi and North Suburban
Company.
Bill Lundquist, 5744 Lake Elmo Avenue, stated this will be a
big help for the Planning Commission to plan proposed
developments, and he was 100 percent in favor of this plan,
Richard Hesse, 10830 50th St. N., stated he lived in Lake
Elmo for 30 years and he was in favor of such a plan.
M/S/P Williams/Mottaz - to approve the Thoroughfare Plan as
presented by McCombs, Frank, Roos Associates and forward the
plan to the Metropolitan Council. (Motion carried 5-0),
C. Shoreland Ordinance
The Council reviewed and made minor changes to the proposed
shoreland ordinance.
There was some discussion on fences and where they could be
placed. Attorney Filla explained he didn't have any
definitive way or comment that tells you it is the ordinary
high water mark or the water line that differentiates where
the property owner's regulations stop and the city starts.
Filla will report back with this information.
Councilman Williams pointed out on page 12, 2b(1) an
accessory structure must not exceed 13' in height where an
accessory structure such as a tool shed 12' is the maximum
height. The maximum height for accessory buildings should
be consistent in all zoning districts.
M/S/P Hunt/Williams - to relook at the building height
requirement of accessory structures as Old Business by the
new City Council. (Motion carried 5-0).
M/S/P Williams/Hunt - to adopt Resolution No. 92-30,
relating to identifying, in Shoreland Areas, non -conforming
sewage treatment systems and to require reconstruction when
practicable. (Motion carried 5-0).
M/S/P Dick Johnson/Williams - to accept the 12/07/92 final
draft of the Shoreland Ordinance, as amended, and direct the
staff to:
1. refer the draft ordinance to the city attorney for
preparation of an ordinance amendment.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 1992 3
2. refer the final draft to the Mn/DNR for a Conditional
Letter of Acceptance. (Motion carried 5-0).
5. PLANNING/LAND USE & ZONING: None
6. CITY ENGINEER'S REPORT: None
7. CITY ATTORNEY'S REPORT: None
8. CITY COUNCIL REPORTS:
Mayor Johnson:
(1) Heritage Preservation Ordinance:
Regarding 212.020 Composition: Mr. James Keep, Minnesota
Historical Society, commented that the ex-officio member
from Washington County Historical Society should be a voting
member.
Regarding 212.013 Qualifications: We should not have
commissioners who are not residents of the City.
Regarding 212.017 Powers: Mr. Keep stated it is not in
conformance with state statutes and the purpose of HPC is
the identification, preservation and maintenance of historic
areas, buildings and structures.
MIS/ Mayor Johnson/Mottaz - to change the Heritage
Preservation Commission Ordinance Section 212.012:
Composition, Section 212.013 Qualifications, and Section
212.017 Powers as indicated in text submitted
M/S/P Dick Johnson/Hunt - to postpone consideration of
motion until the staff and the Heritage Preservation
Commission has time to review suggested changes. (Motion
carried 5-0).
(2) Lake Jane Landfill
Mayor Johnson voiced his concern that the airstripping is
not doing the job that has to be done. He felt one of the
best proposals made was by Environmental Assoc. Inc., Lake
Elmo, for composting in this area. Johnson asked that the
future council move the expenditure of $2,000 to
Environmental Assoc. to develop a concept paper and invite
officials form Washington and Ramsey Counties to explore
alternative methods for a fixed time cleanup for the Lake
Jane Landfill.
M/S/P Mottaz/Dick Johnson - to forward Mayor Johnson's text
and recommendation of the council regarding the Lake Jane
Landfill to the new city council for their consideration.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 15, 1992 4
(3) Land Use on Highway 5 - Stillwater to Ideal
(4) Environmental Issues
Existing/proposed development in Oakdale
Ordinance to control or ban the use of pesticide,
herbicide/fertilizers, etc.
M/S/P Mottaz/Hunt - to forward Mayor Johnson's text on Items
3 and 4 without recommendation to the new city council for
their consideration. (Motion carried 5-0).
8. CITY ADMINISTRATOR'S REPORT:
A. Liquor License for Guardian Angels Church
M/S/P Williams/Hunt - to adopt Resolution No. 92-29, A
Resolution approving issuance of a temporary on -sale
intoxicating\liquor license to Guardian Angels Church for
the following dates: December 31, 1992, February 6 & 19,
1993, March 13, 1993. (Motion carried 5-0).
M/S/P Williams/Hunt - to adjourn the City Council meeting at
8:45 p.m. (Motion carried 5-0).
---------------
Resolution No. 92-29, A Resolution approving issuance of a
temporary on -sale intoxicating liquor license to Guardian
Angels Church
Resolution No. 92-30, relating to identifying, in Shoreland
Areas, non -conforming sewage treatment systems and to
require reconstruction when practicable.
11I14UTES APPROVED: 12-15-92
LAKE ELMO CITY COUNCIL MINUTES
WEDNESDAY, DECEMBER 9, 1992
Acting Mayor Todd Williams called the city council meeting
to order at 7:04 p.m. in the city council chambers for the
purpose of continuing the public hearing for the 1993
Budget. PRESENT: Williams, Hunt, Dick Johnson, Mayor
Johnson (arrived 7:08), Mottaz (arrived 7:08), Finance
Director Marilyn Banister and Administrator Kueffner.
1. AGENDA
Add: 5. December 15th Council Meeting
M/S/P Hunt/Dick Johnson - to approve the December 9, 1992
City Council agenda as amended. (Motion carried 3-0).
2. CLAIMS
Councilman Johnson asked that the Maintenance Advisory
Committee receive an explanation of Claim #1165 for $932.39
to General Tire for four tires and rims.
M/S/P Williams/Hunt - to approve the December 9, 1992 claims
#1140 thru #1173 as presented. (Motion carried 5-0).
CONTINUATION OF THE PUBLIC HEARING ON THE PROPOSED
1993 BUDGET
Mayor Johnson explained this was a continuation of the
December 1st public hearing on the proposed 1993 Budget.
Hugh Madson, 11060 32nd St. N., stated the cost of living
increase for this year will be about 3.5%, why then is the
city increasing payroll costs by over 13%? Other questions
he raised: Is Larry Bohrer, city engineer, worth a 40%
increase in the engineering budget? Why is the fire
department compensation increasing by 36%? Madson asked that
the council take time to check the Brookfield 11 parking lot
which was installed about the same time as Laverne Avenue.
The owners of the building had a company from Eau Claire
patch the cracks at the time the city sealcoated Laverne and
the side street. The cracks on Laverne are worse now and
this will cause ultimate damage to the pavement. He
suggested stopping all sealcoating and hire the firm used by
Brookfield and some of the County and State Highway
Department to do the job which is guaranteed for five years.
Cut this budget by $60,000 and spend most of it on crack
filling.
LAKE ELMO CITY COUNCIL MEETING DECEMBER 9, 1992 2
M. Sarkissian, 8290 Hidden Bay Court, asked if there is less
of a need for an assessor now the County has the needed
information on the computer.
Councilman Hunt suggested reducing some of the reserve
funds. The Council decided to cut $20,000 from the Fire
Department reserves, $15,000 from the maintenance reserves
and $15,000 from sealcoating.
Finance Director Banister pointed out there was a carryover
of $53,713 from the landfill referendum which is used to pay
expenses incurred in fighting the proposed Lake Elmo
landfill. Councilman Williams proposed levying $25,000
versus $50,000 for the year 1993.
The Council discussed Councilman Williams suggestion to cut
operating expenses of each department. Councilman Mottaz
felt they shouldn't just tell department heads that they
were going to get less money without giving them a chance to
show their need. Referring to his firm where he works,
Councilman Hunt indicated that handing down numbers is a way
of life and the departments would live with the numbers that
the council gave them. The operation cuts that the council
decided on were: public works $8,000, parks $2,000, fire
$3,000, administration $500, and building inspection $500.
Councilman Johnson suggested a 1% decrease in salaries of
the city staff which would reduce the budget $3,000.
The Council finalized its 1993 budget with cutting $92,000
out of the budget. The total levy for taxable property in
Lake Elmo to be collected in 1993 is $1 million.
M/S/P Williams/Mottaz - to adopt Resolution No. 92-28, A
resolution approving the proposed 1992 tax levy collectible
in 1993 upon the taxable property in the City of Lake Elmo
for the following purposes: (Motion carried 5-0).
General Fund $ 874,974
Landfill Referendum 25,000
Equipment Certificate 100,228
Total Levy $1,000,202
Mayor Johnson closed the public hearing at 10:35 p.m.
LAKE
ELMO CITY COUNCIL
MEETING
DECEMBER 9, 1992 3
5.
December 15th City
Council
meeting
Councilman Hunt suggested cancelling the December 15th
council meeting due to the lack of agenda items. Mayor
Johnson informed the Council that he has a list of agenda
items he would like added to this meeting and will call the
Administrator with these items.
M/S/P Mottaz/Dick Johnson - to adjourn the city council
meeting at 10:40 p.m. (Motion carried 5-0).
---------------
Resolution No. 92-28, A Resolution approving the proposed
1992 tax levy collectible in 1993 upon the taxable property
in the City of Lake Elmo.
MINUTES APPROVED: 12-15-92
LAKE ELMO CITY COUNCIL MINUTES
DECEMBER 1, 1992
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 41139 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 theythave 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 was to place a height restriction on the
building 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 showed that 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 1212"
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 done to their
neighborhood.
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 lose
valuable people. I support this city budget. We have
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 to change the 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, it 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 balanced 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 in terms of ordinary people 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
recycle 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 Fills 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 8
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
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 events per 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).
----------------------
Resolution No. 92-27, A Resolution granting a minor
subdivision to Myrtle Eder and Dean and Emilie Carlson