HomeMy WebLinkAbout05-18-93 CCMMINUTES APPROVED: 6-1-93
LAKE ELMO CITY COUNCIL MINUTES
MAY 18, 1993
Mayor John called the city council meeting to order at 8:07
p.m. in the City Council chambers. PRESENT: Mottaz,
Conlin, John, Johnston, Johnson, City Engineer Bohrer, City
Attorney Filla and Administrator Kueffner
1. AGENDA
Add: OLD BUSINESS: Set up meeting on Hwy 36, 5C. Update on
Kunz Oil Rezoning, 5D. Recommendation by PZ for period of
time to apply for amendment to comprehensive plan, 7. Update
on correspondence with Attorney Caswell, Update on Rolling
Hills
M/S/C Johnston/Johnson - to approve the May 18, 1993 City
Council agenda as amended. (Motion carried 5-0).
2. MINUTES: April 27, 1993
M/S/C Johnson/Conlin - to approve the April 27, 1993 City
Council minutes as amended. (Motion carried 4-0-1: Abstain:
Mottaz).
MINUTES: May 4, 1993
M/S/C Mottaz/Conlin - to approve the May 4, 1993 City
Council minutes as amended. (Motion carried 5-0).
3, CLAIMS
M/S/C Johnston/Mottaz - to approve the May 18, 1993 Claims
#1591 thru #1640 as presented. (Motion carried 5-0).
4. OLD BUSINESS:
A. Surface Water Utility
Based on the public input at the informational meeting,
Councilman Johnson could not support a Surface Water utility
at this time because of the set up cost and administrative
costs. He was in favor of proceeding with a Surface Water
Management Plan, but believed it would be easier to have a
designated Utility Fund as a budget item through the General
Fund.
M/S/C Johnson/Mottaz - to direct the staff to determine
where and how many funds ($5,000-10,000) are available to
obtain a Surface Water Management Plan for 1993. (Motion
carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1993 2
M/S/C Johnson/Mottaz - to table the Surface Water Utility
until the 1993 Budget time. (Motion carried 3-2: Conlin:
Circumstances aren't going to change between now and July,
August. If we are prepared to put a utility into affect,
then we should do that. If we are not, then we should have
the courage and put it into the budget; John: Prefer to come
to a conclusion tonight rather than to wait a number of m
months. It's a necessary piece of maintenance, but is an
item that is likely to eventually become reduced at budget
time.)
B. Update on arrangements for a meeting with the
representatives of local communities on Hwy 36
Administrator Kueffner will set up a joint meeting with the
representatives of the communities involved to discuss the
study committee's recommendation on Highway 36.
5. PLANNING/LAND USE & ZONING:
A. Request for Water Ski Slalom Course
Justin Bloyer, 8881 Jane Road N.
Justin Bloyer, 8881 Jane Road N., has submitted a petition
for the placement of buoys on Lake Jane to create a ski
slalom course. Bloyer submitted a permit from the
Washington County Sheriff Dept. for placing the buoys, a
diagram of buoy placement, and a letter from Warren
Smallidge, America Water Ski Assoc. indicating the buoys
would not be a safety problem.
The City received a letter from Tom Skalbeck, 8879 Jane Road
N., withdrawing his signature from the petition until
further study can be made and a letter was received from
Robert and Sue Horning, requesting the course be located in
front of the Bloyer household and the matter be open for
review by the city if complaints are received. Mayor John
advised the Council that Mrs. Mencke, 8838 Lake Jane Trail,
has requested withdrawal of her name from the petition.
Bill Stevenson opposed the slalom course because of the
number of noisy boats continually riding by their home
closer than the required 100 ft. away from the shore
Mrs. Schneider mentioned she was a wind surfer and was
concerned on the buoys breaking the tail runner.
Leslie Jacoby questioned who will be monitoring this course
and enforcing the conditions?
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1993 3
( Kay Gould remarked the boats have come closer than 100 ft
because she worried about them running into large stumps in
the water. Safety of the issue is her concern. She is aware
of only one accident on the lake which was when Justin drove
a boat into a pontoon parked in the middle of the bay with
two people on it.
Joe Kiesling related Justin Bloyer is utilizing this lake
for recreational purposes, Lake Jane is a recreational lake,
and skiing keeps kids off the streets.
Council member Johnson pointed out that the permit was
invalid because the applicant, Justin Bloyer, was not the
property owner.
Attorney Filla reported the code involved is Section
1511,020 Sub.d: No person shall place any buoy on any lake
in the city for skiing for any other reason unless the buoy
placement is specifically authorized for safety purposes
approved by the city and Washington County. Filla
interprets this as no Buoys are allowed unless they are
placed for safety purposes; such as: define a beach area,
indicate a water hazard or a fishing area in which
watercraft cannot enter. It does not mean a buoy can be
placed for water ski course. This may be a well -designed
safe arrangement for a slalom course, but it is not
( permitted by the city code. The intent of the ordinance was
to allow a limited number of buoys on the lake only to
define and alert people to safety hazards or restricted
areas.
M/S/C Conlin/Johnson - to deny Justin Bloyer's petition for
placement of buoys for a water ski slalom course on Lake
Jane based upon the interpretation of the ordinance by the
City Attorney. (Motion carried 4-1: Mottaz; This is a fair
use of the lake and it behooves the city to encourage this
healthy activity of our young people.)
M/No Second Mottaz/No Second - to amend the motion to
postpone action in order to hold a public informational
meeting and ask the staff with the assistance of the city
attorney to draw up a change in ordinance with restrictions
to allow this type of recreation because it is a legitimate
use of lake.
M/S/C Mottaz/Conlin - to develop a subcommittee under the
auspices of the Parks Commission comprising of 8 members,
requiring half of the members be lakeshore owners, but not
exclusively, to determine if there is an interest in
amending the city's surface water use regulations in
relation to new recreational activities. (Motion carried 5-
( 0).
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1993 4
B. Road & Trail Task Team - Recommendation from PZ
At the May 10, 1993 Planning Commission meeting, Steve
DeLapp submitted a proposal for creation of Joint Planning
Commission and Park Commission Road/Trail Advisory Task
Team. DeLapp explained the trails are non-existent in the
city, except by designation and may or may not be along
roads with paved shoulders. The proposed task team would
consist of 3 members each of the Planning and Parks
Commissions and the Mayor ex-officio with a worklist
outlined in his memo dated May 10, 1993. The task team would
gather information, study the issues and make
recommendations and report back to the full commission by
September 1, 1993.
Councilman Mottaz proposed establishing an Adhoc committee
composed of a group of citizens to review the existing trail
plan thoroughfare plan and make recommendations to the city
on placement of trails and design and consider a bond issue
to start purchasing land and constructing trails.
The Mayor asked that Steve DeLapp report back in two weeks
with a list of interested people to serve on this Adhoc
committee.
C. Update on Kunz Oil Rezoning Request
t
As of May 18, 1993, the City has not received an application
for rezoning to General Business by Kunz Oil.
M/S/C Conlin/Mottaz - since a completed application for
rezoning from Kunz Oil has not been submitted by May 10, the
use of selling sod by Tim Myhra out of the Kunz Oil Bldg
will have to be terminated. (Motion carried 5-0).
D. Definition of a period for amendments to the Future
Land Use Map
Council member Conlin understood it was the Planning
Commission's recommendation to set up a policy of a window
of six weeks for receiving applications for a comp plan
amendment.
M/S/C Conlin/Johnson - to direct the Planning Commission to
make a recommendation for a certain time period in a year
for submitting request for changes to the comprehensive plan
other than in connection with development proposals.
(Motion carried 4-1: Mottaz: This would make it very
restrictive for applicants.)
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1993 5
6. CITY ENGINEER'S REPORT:
A. 1993 Overlay Project
At the last Council meeting, the Council decided that the
Feasibility Report should be completed based on the City
paying 10% of each residential project and assessing the
remaining 90o on a project by project basis.
Administrator Kueffner provided an Adjusted Front Foot
Method with the minimum lot frontage of 125' assessed $1,000
and maximum lot frontage of 200' assessed $1,600.
M/S/C Johnson/Mottaz - to request the City Engineer present
in the public hearing Alternative 5 Assessment Rates: Each
project assessed separately and the city contributes 100 of
project costs and to call a public hearing at the earliest
date available after June 1 held at the Lake Elmo Elementary
school. (Motion carried 5-0).
M/S/C Conlin/Johnson - to approve Resolutions No. 93-21
through 93-29 Ordering the Preparation of a Feasibility
Report for the Improvement of Hidden Bay Area, 27th Street
(west of Jamaca), Kraft Circle, Langley Court, Legion Avenue
(20th Street to Legion Lane), Laverne Avenue (TH5 to 39th
Street), Highlands Trail, Highlands Court, and 20th Street
Court. (Motion carried 5-0).
l
B. 1993 Bituminous Crack Sealing
Larry Bohrer reported the following bids were received on
May 12, 1993 for the 1993 Bituminous Crack Sealing.
Contractor: Amount of Bid
Asphalt Surface Technologies Corp. $11,374.05
Bergman Companies, Inc., of Wisc. $12,004.35
Tenson Construction, Inc. $29,509.50
M/S/C Conlin/Mottaz - to award the 1993 Bituminous Crack
Sealing contract to Asphalt Surface Technologies Corporation
(Astech Corp.) in the amount of their low bid of $11,374.05.
(Motion carried 5-0).
C. 201 System User Fees
Larry Bohrer reported that each year the 201 system account
is reviewed and adjustments may be recommended to the User
Charge. The current rates have been the same since 1990.
The goal has been to increase the fund balance $360 each
year to cover replacement of the pumps and controls for the
lift stations. In the past year, there has been above
average maintenance costs to repair pumps and purchase an
additional pump. Bohrer recommended a 10o increase in the
201 User Fees which should bring the end of the year balance
nearer our goal.
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1993
M/S/C Mottaz/Conlin - to adopt Resolution No. 93-20, A
Resolution Adopting the 1993 rate structure for 201 systems
in the city of Lake Elmo. (Motion carried 5-0).
D. 1993 MSA Project
At the last council meeting, Larry Bohrer was instructed to
obtain more detailed information regarding the probable
interference between the proposed road construction and the
large spruce tree at 3759 Jamaca Avenue owned by Francis and
Laverne Downs. He has also conferred with Merle Overvig who
reviews the plans at the MnDOT State Aid Office regarding
this tree. It appears that the tree will not have to be
removed for clear zone requirements or for construction
purposes if a curb is utilized in that location. The
branches will need to be removed from ground level to about
a six foot height for the sight distance to meet State Aid
requirements.
Larry Bohrer indicated he would be willing to met with Mr. &
Mrs. Downs and inform them of this conclusion.
CITY ATTORNEY'S REPORT:
Attorney Filla reported that Jamie Olson has filed a notice
for appeal with the appellate court.
Update on correspondence from Attorney Caswell:
Attorney Filla indicated he has talked to Attorney Caswell,
but after he talked to Administrator Kueffner, he was left
with the impression that what he was going to write to
Caswell had already been written to the City of Oakdale.
Update on Rolling Hills:
Attorney Filla reported he met with Chuck Nelson, Developer
of Rolling Hills, who indicated they would be constructing
streets under current standards and will submit his Final
Plat for the June 1 Council meeting. Fox Fire Manor will not
meet these deadlines.
8. CITY COUNCIL REPORTS:
Council member Conlin reported she attended the Ramsey -
Washington Suburban Cable Commission meeting on May 13. The
Commission has hired David Currence as the coordinator who
will contact the City Administrator regarding future cable
needs of the city.
LAKE ELMO CITY COUNCIL MINUTES MAY 18, 1993 7
Council member Johnson reported he and Solid Waste Committee
member Carl Tacke attended a workshop on wet/dry recycling
and composting. He will forward the information to the Solid
Waste Committee for their consideration.
9. CITY ADMINISTRATOR'S REPORT:
A. Employee Annual Review: Mike Buckles
M/S/C Mottaz/Conlin - to approve the classification change
from Light Equipment Operator to Heavy Equipment Operator
for Mike Buckles and that his wage be increased to $11.42
per hour (a .67 cent per hour increase) and this be
retroactive to May 1, 1993. This $1,051 will be taken out
of the General Fund. (Motion carried 5-0).
B. Utility Tractor for Maintenance Dept.
M/S/C Mottaz/John - to award the bid for the John Deere
Model 6400 Tractor/Mower to Scharber & Sons in the amount of
$36,824.00 plus sales tax in the amount of $2,393.56 for a
total of $39,217.56 to the low bidder, Scharber & Sons.
Further, that for CIP purchases, a life -span of 20 year
replacement be placed on this item based on the
recommendation of the Maintenance Advisory Committee.
(Motion carried 5-0).
C. Chipping
M/S/C Johnson/Mottaz - to table for two weeks in order to
develop more information on such options as: using
Washington County employees; borrowing Woodbury's chipper;
working out something with North St. Paul and opening the
compost site one Saturday a month for brush. (Motion carried
5-0).
D. Copy Auditor
M/S/C Mottaz/John - to instruct the staff to inquire from
D.C. Hey if the copy auditor can be on loan for one month.
(Motion carried 5-0).
M/S/C Mottaz/Conlin - to adjourn the council meeting at
11:45 p.m. (Motion carried 5-0).
-------------
Resolution No. 93-20, A Resolution Adopting the 1993 rate
structure for 201 systems in the city.
Resolutions Nos. 93-21 through 93-29, Ordering the
Preparation of a Feasibility Report for the Improvement of
Hidden Bay Area, 37th Street (west of Jamaca), Kraft Circle,
Langley Court, Legion Avenue (20th Street to Legion Lane),
Laverne Avenue (TH5 to 39th St.), Highlands Trail, Highlands
Court, and 20th Street Court.
MAY 18, 1993 LAKE ELT20 COUNCIL MEETING
List of Claims for Approval
For the period 15/14/93 to 05/18/93 05114/93
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIN
NUMBER
AMOUNT
WASHINGTON COUNTY TREAS.
KATHY 6 SHARON-ART OF TAKING MIN.
06118193
1591
111.00
106-41500-207
111.00
HAGBERG'S COUNTRY MARKET
BLOB MAINT SUPPLIES
15J18193
1592
21.19
111-41601-401
21.19
ELMO'$ LUMBER 6 PLYWOOD
BLOB MAINT SUPPLIES
66118/93
1693
40.16
100-41500-485
35.59
-
111-42211-411
4.67
3 l
FOUR SEASONS SERVICES
OFFICE EXPENSE
06/18j93
1594
14,36
100-41500-400
14.36
AMERICAN LINEN SUPPLY
OFFICE BL0B MAINT
15/18193
1595
40.79
100-41510-406
40.79
BELLAIRE SANITATION
OFFICE DUMPSTER
16118/93
1596
65.91
110-41606-480
65.91
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
15118/93
1597
68.58
511-41500-260
58.58
STILLWATER GAZETTE
LEGAL PUBLICATIONS
16/18/93
1598
79.21
111-41501-351
19.21
KINKO'S OF MINNESOTA, INC.
NEWSLETTER COPIES
06/18193
1599
769.83
110-41511-354
759.83
RANDY BURG
COMPOST WORKER
16118j93
1600
111.50
101-43200-317
107.50
CARLSON, DOUG
COMPOST WORKER
15J18/93
1611
142.51
116-43211-317
142.50
DAVID HERREID
AERIAL MAPS FROM COUNTY
05118/93
1602
26.63
111-41921-200
26.63
CITY OF NORTH ST PAUL
ANIMAL CONTROL VEHICLE USAGE
15118193
1613
166.00
100-42700-415
165.01
ST CROIX ANIMAL SHELTER
APRIL ANIMAL IMPOUNDING
15/18/93
1604
686.89
i0/-42701-418
686.89
NCCONBS FRANK ROOS ASSOC., INC.
APRIL PLANNER
15/18193
1605
1,219.41
100-41910-304
967.20
863-41910-311
242.21
Pcv°
TKDA
MARCH ENGINEERING
15118/93
1686
15,376.16
111-41930-360
3,067.39
803-41931-316
329.42
/00�
402-41938-311
11,689.69
A7 0 6
411-41931-300
289.66
/- ONARO, STREET G DEINARO
LEGISLATIVE LOBBYING
66/18193
1611
2,147.64
110-41601-300
2,147.11
l {ERSON FRAN G BERGMAN
MARCH G APRIL LEGAL FEES
#5118193
1640
9,119.46
181-41601-310
8,854.06
411-41600-310
100.20
803-41610-301
155.26
"u-
ASTLEFORD EQUIPMENT CO.
FIRE DEPT.-TRUCK REPAIRS
05118193
1669
113.14
101-42201-120
113.04
NORTH STAR INTERNATIONAL TRUCK
FIRE DEPT-TRUCK REPAIR
05/18/93
1618
67.61
111-42209-220
67.68
GREG MALMQUIST
STATE FIRE SCHOOL -LOST WADES
15/18/93
1611
68.90
100-42209-207
66.00
BERNARDY, PAUL
STATE FIRE SCHOOL -LOST WAGES
45/18193
1612
66.00
111-42280-207
61.00
GOSEM, AL
STATE FIRE SCHOOL -LOST WAGES
05/18/93
1613
60.00
108-42200-207
60.00
OUROW, DAVE
STATE FIRE SCHOOL -LOST WAGES
05/18j93
1614
60.00
104-42200-207
61.60
SCHILL, CLIFF
STATE FIRE SCHOOL -LOST WAGES
06118193
1615
60.01
160-42280-217
60.00
PALECEK, JOHN
STATE FIRE SCHOOL -LOST WAGES
65/18/93
1616
60.10
101-42200-217
61.18
KEN MARTENS
STATE FIRE SCHOOL -LOST WAGES
06/18193
1618
61.10
111-42200-297
66.06
SCHWARTZ, JERRY
STATE FIRE SCHOOL -LOST WAGES
05JIBJ93
1619
66.11
111-42200-207
60.40
VERN'S GTC AUTO PARTS
FIRE DEPT-TRUCK NAINT.
15118193
1626
137.95
106-42200-226
137.96
KRS CORPORATION
FIRE DEPT SUPPLIES
15/18/93
1621
31.95
100-42210-201
31.95
NORTHWO00 POWER EQUIPMENT
FIRE DEPT -TRUCK MAINT.
05/18193
1622
25.19
110-42200-220
25.19
OAKDALE FIRE DEPARTMENT
FIRE TRAINING
05118/93
1623
200.06
106-42218-207
286.08
WASHINBTON CO FIRE CHIEFS ASSN
1993 MEMBERSHIP DUES
06/18/93
1624
10.16
140-42260-433
10.06
MINN.CONWAY FIRE G SAFETY
FIRE DEPT-TURN-OUT COAT
05118j93
1625
323.76
111-42200-218
323.76
LAKE ELMO OIL
APRIL FUEL
06/18193
1626
411.26
104-42206-212
268.94
"f
100-42400-331
91.67
)54-7
104-43101-212
34,47
>�
100-45200-221
6.18
/>d•%
T.A. SCHIFSKY G SONS
MAINT-BLACKTOP FOR PATCHING
16/18/93
1627
64.54
110-43101-487
64.54
JUNKER SANITATION
MAINT DEPT DUMPSTER
ISJ18/93
1628
85,21
100-43100-223
85.20
TNWO00 INGLEWOOD
MAINT DEPT SUPPLIES
05118/93
1629
12.60
101-43101-223
12.60
iN HATCH SALES CO.
MAINT DEPT STREET SUPPLIES
/5/18193
1630
56.98
111-43140-224
$6.98
NORTHERN AIRGAS, INC.
MAINT DEPT-WELDER REPAIR
16118/93
1631
90.10
110-43110-224
90,11
THE AMERICAN STORES
MAINT DEPT LOADER PARTS
15/18/93
1632
11.41
100-43140-221
11.47
GOPHER STATE ONE -CALL
NAINT DEPT MISC.
05/10/93
1633
13.60
104-43100-223
13.56
CATCO PARTS 6 SERVICE
MAINT DEPT LOADER PARTS
05/18193
1634
276.63
100-43100-221
276.03
MAY 13th (continued)
List of Claims for Approval
For the period/5114/93 to 05/18/93 85/14/93
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
CARLSON EQUIPMENT CO.
MAINT
DEPT—STREET REPAIRS
16118193
1535
93.46
191-43160-224
93.46
MAC QUEEN EQUIPMENT, INC.
NAIMT
DEPT—SWEEPER REPAIR
05j18/93
1636
169.81
100-43110-221
169.81
GOPHER STATE SEALCOAT, INC.
PARKS -TENNIS CT. CRACKFILLER
15/18193
1637
181.01
110-45211-219
180111
AIRSIBNAL, INC.
PARKS
DEPT - PAGER
05110/93
1638
27.50
1/1-45211-321
27.64
OAKDALE, CITY OF
APRIL
WATER PURCHASED
05118/93
1639
669.96
611-49410-250
669.96
MINN STATE TREAS.
WATER
SUPPLY RENEWAL FEE
65/18193
1644
15.11
611-49411-201
15.01
TOTAL FOR MONTH . 33,716.36 33,716.36
Since we do not have time to discuss every point presented, it
may seem that decisions are preconceived. However, background
information is provided for the City Council on each agenda item in
advance from City Staff and appointed Commissions; and decisions are
based on this information and past experiences. In addition, some
items may also have been discussed at previous Council meetings.
If you are aware of information that hasn't been discussed,
please fill out a "Request to Appear Before the City Council" slip;
or, if you came late, raise your hand to be recognized. Comments that
are pertinent are appreciated. Items requiring excessive time may be
continued to another meeting.
LAKE ELMO CITY COUNCIL MEETING
MAY 18, 1993
8:05 P.M. MEETING CONVENES
1. AGENDA
2. MINUTES: April 27, 1993
May 4, 1993
3. CLAIMS
4. OLD BUSINESS:
A. Surface Water Utility
5. PLANNING/LAND USE & ZONING:
A. Request for Water Ski Slalom Course
Justin Bloyer, 8881 Jane Road N.
B. Road & Trail Task Team - Recommendation from PZ
C. Other
6. CITY ENGINEER'S REPORT:
A. 1993 Overlay Project
B. 1993 Bituminous Crack Sealing
C. 201 System User Fees
D. 1993 MSA Project
E. Other
(over)
LAKE ELMO CITY COUNCIL AGENDA MAY 18, 1993 2
7. CITY ATTORNEY'S REPORT:
8. CITY COUNCIL REPORTS:
A. Mayor John
B. Council Member Conlin
C. Johnson
D Johnston
E. Mottaz
9. CITY ADMINISTRATOR'S REPORT:
A. Employee Annual Review: Mike Buckles
B. Utility Tractor for Maintenance Dept.
C. Chipping
D. Copy Auditor
E. Other
10. Adjourn