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Home My WebLink About08-17-93 CCMLAKE ELMO SPECIAL CITY COUNCIL MEETING TUESDAY, AUGUST 17, 1993 City Hall 5:30 p.m. Special Council Workshop to review the code recodification 7:00 p.m. REGULAR CITY COUNCIL MEETING CONVENES To the Citizens of lake Elmo: At the last Council meeting, Councilor Mottaz read a statement which he requested be included as part of the minutes. He considered his statement admissible on the grounds of propriety. After he had finished, I indicated that I felt that his action was out of order. I still do, as Councilor Mottaz introduced his comment immediately after a vote had been taken. His concerns should have been part of the discussion prior to voting, so that the issues he raised could have been properly considered. I still feel Councilor Mottaz to be out of order, but have allowed his statement to remain as part of the minutes of the last Council meeting. I also stated that Councilor Mottaz was not behaving as a team member. I do NO°f expect Council members to be in agreement on an issue. But I do expect that items of an administrative nature can be discussed and resolved before a Council meeting. Councilor Mottaz denied the City Administrator an opportunity to investigate and respond to his allegations. Also, he did not notify any of the Council members of his concerns. This I consider to be nothing more than "grandstanding", and not part of cooperative teamwork. The facts are these: 1. At State Government levels, motions can be submitted before both the House of Representatives and the Senate. Those before the House are termed House files, those for the Senate are Senate files. 2. Initially, in our discussions on ways to counter the City of Oakdale's attempt to annex the Mn/DOT property in Sections 32 &33, we knew of House File 220 raised by Representative Pearlt. We expected a Senate file to be raised. Later we knew that file to be Senate File 491, sub witted by Senator Price. Both files had to be resisted to ensure that the Oakdale motion could be defeated. 3. At our special, publicly announced, Council meeting on February 19, attended by Representative Neary, Administrator Kueffner, Councilors Conlin, Johnson and myself, the existence of a Senate file was mentioned. Opposition to this file was always part of the City's Resolution 93-10, though not specifically mentioned. At the end of the meeting, we realized that no motion had been raised opposing the Senate file. A motion was raised by Councilor Conlin, seconded by Councilor Johnson to oppose the Senate File. This passed 3-0. 4. Subsequently, Administrator Kueffner telephoned Councilor Mottaz, who had not been present at this and other meetings, to tell him of developments, and to make him aware of the inclusion of opposition to Senate File 491 - by name - in Resolution 93-10. She mentioned that she .had three votes in support of the motion. I think Councilor Mottaz then jumped to the conclusion that this was a telephone poll, or part of some clandestine action, eventually resulting in his prolonged statement at the last council meeting. 5. There was no telephone vote, nor any clandestine meeting. We were in a battle with Oakdale, fighting on all fronts. We had many meetings, all deliberately and properly publicized. I am sure that had Councilor Mottaz attended the February 19 special meeting, he would have voted in opposition to the Senate file too. That is why I consider Councilor Mottaz' actions at the last meeting frivolous and irrelevant. These issues could have been resolved by discussion with the City Administrator or any of the Councilors, but he preferred to make a big issue of it for unknown reasons of his own. '�Zn John Mayor of Lake Elmo I have asked Mayor John to read this statement on my behalf in my absence. Councilman Mottaz has made It well known how he feels about phone polls. I have respected those feelings and not participated in any phone polls. Councilman Mottaz has also frequently made it known that he does not appreciate having to attend special meetings either. Councilman Mottaz did not attend the special meeting of February 19th. To the best of my recollection, it was at the beginning of this meeting that Mary Kueffner informed the Council that she had a phone call in to find out what the Senate File Number would be. Close to the conclusion of the meeting she received the phone call confirming the Senate File Number as 491 and the councilmembers present ammended resolution 93--10 to include Senate file 491. The minutes of the Feb. 19th meeting were approved at the March 2nd meeting. I was not in attendance the March 2nd meeting. That is not to say that I would have caught the mistake, for at the time it had been necessary to have many meetings and a lot: was going on. Six months after the fact, Councilman Mottaz has chose to question how and when the council gave the approval for a resolution that opposed Oakdale legislation that would have allowed them to petition for further annexation of Lake Elmo land. It was my perception that as we lobbied together down at the capital with the resolution in our hands, that - there was no conflict amongst the council on this issue. ( Perhaps if Councilman Mottaz had attended the special meeting of February l9th, he too would have been a part of a purely human typographical error. I have no opposition to Councilman Mottaz pointing out the error, it is important to keep complete and accurate records. But what I cannot- fathom is why he would do it in such a manner that would imply impropriety. I feel strongly that the residents of Lake Elmo deserve a council that can work constructively together. Having something like this happen is counter -productive and unnecessary. I am well aware that there arc, those who do not: desire Lake Elmo to have a new positive image and that the perpetuation of disharmony on the council could advance their political ambitions. But for my part, I will continue to ignore 'their efforts. My time is better served learning and doing the best job on the council I humanly can. AUGUST 17, 1993 LAKE ELMO COUNCIL P4EETING List of Claims for Approval for the period 08/13/93 to 08/13/93 08/13/93 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT HAGBERG'S COUNTRY MARKET MISC 08/13/93 1858 31.99 109-41300-331 30.99 MCMA MEMBERSHIP DUES 08/13/93 1859 60.18 100-41300-433 61.00 FOUR SEASONS SERVICES CUP INSERTS 68/13/93 1861 23.47 100-41300-331 23,47 TAOTGES REOPATH & CO COMPUTER SOFTWARE UPGRADES 08/13/93 1861 549,56 100-41500-200 549.56 D.C. HEY CO. OFFICE SUPPLIES 08/13/93 1862 21.92 100-41560-200 21.92 GENERAL OFFICE PRODUCTS OFFICE SUPPLIES #8113193 1863 246.69 100-41504-200 246.69 BELLAIRE SANITATION OFFICE DUMPSTER 08/13/93 1864 66.95 100-41500-400 66.95 AMERICAN LINEN SUPPLY OFFICE MAINT. 68/13/93 1865 43.03 110-41500-401 43.83 STILLWATER GAZETTE LEGAL PUBLICATIONS 08/13/93 1866 128.00 100-41500-351 128.00 SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATIONS-PATCH&OVERLAY 08113/93 1867 179.82 109-41500-351 179.82 CITY OF EDEN PRAIRIE HERITAGE PRES.-ZONING CODES 18/13/93 1868 10.00 100-41929-200 10.00 TNT RECYCLING JULY RECYCLING 08/13/93 1869 6,543.32 100-43208-318 4,240.08 803-43260-318 2,393.24Pess7hn CITY OF NORTH $T PAUL ANIMAL CONTROL VEHICLE 08/13193 1876 166.00 100-42700-415 165.00 ST CROIX ANIMAL SHELTER JULY ANIMAL IMPOUNDING 08/13/93 1871 757.66 100-42100-418 157.66 F.R.I., INC. ASSESSOR MONTHLY PAYMENT 68/13/93 1872 1,200.00 180-41550-360 1,201.60 NCCOMBS FRANK ROOS ASSOC., INC. JULY PLANNER 08/13/93 1873 1,779.40 100-41910-300 1,680.21 G e'L 883-41916-300 95.20 P."s TKOA JUNE ENGINEERING 08113/93 1874 22,854.66 166-41930-300 2,295.61 c-e , 'c 402-41931-301 19,763.36 /7 s d 404-41930-300 765,86 813-41930-310 29.95 F rrs Ih PtTERSON FRAM & BERGMAN JULY LEGAL 08/13/93 1876 5,485.45 100-41600-310 5,448.45 Gen 813-41600-300 37.00 METRO FIRE FIRE DEPARTMENT SUPPLIES 08/13/93 1876 28.83 100-42200-217 28.83 NEW PIG CORPORATION FIRE DEPARTMENT HAZ-MAT SUPPLIES 08/13/93 1877 140.29 100-42200-217 140.29 HENNEPIN TECHNICAL COLLEGE FIRE FIGHTER 1 CLASS 08/13/93 1878 225.80 100-42260-207 225.80 TNT INC FIRE DEPT TRUCK MAINT. 08113/93 1879 278.90 106-42210-220 278.90 VERN'S OTC AUTO PARTS FIRE DEPT TRUCK MAINT 08/13/93 1880 27.14 100-42200-220 27.14 ROAD RESCUE INC FIRE DEPT TRUCK MAINT 18113/93 1881 51.28 100-42200-228 50.28 CLAREY'S SAFETY EQUIPMENT FIRE DEPT. SUPPLIES 08/13193 1882 9.39 100-42200-217 9.39 T.A. SCHIFSKY & SONS MAINT DEPT BLACKTOPPIN6 08/13/93 1883 519.82 100-43100-407 $19.82 ZACK'S INCORPORATED MAINT DEPT SHOP SUPPLIES 08/13/93 1884 235.96 100-43100-223 235.95 TRUCK UTILITIES MAINT DEPT PARTS & REPAIR 08/13/93 1885 50.99 100-43100-221 50.99 JUNKER SANITATION MAINT DEPT DUMPSTER 08/13/93 1886 85.20 100-43100-223 85.20 WASHINGTON COUNTY TREAS. GRADING ROADS & SIGNS 08/13/93 1887 435.58 100-43100-226 7.51 100-43100-408 428.87 GLEN4000 INGLEWOOD MAINT DEPT 18/13/93 1888 12.60 100-43100-223 12.60 NARV'S TOOL'S INC. MAINT DEPT SHOP TOOLS $8113193 1889 79.57 100-43100-223 79.57 NORTHERN MAINT DEPT STREET SUPPLIES 08/13/93 189e 166.48 100-43100-224 186.48 CARLSON TRACTOR & EQUIP.CO. MAINT - BACKHOE REPAIR 18/13/93 1891 10.23 100-43100-211 11.23 BRYAN ROCK PRODUCTS STREET SUPPLIES 08/13/93 1892 554.18 100-43100-224 554.18 ALLIED BLACKTOP CO. SEAL COAT PROGRAM 08/13/93 1893 31,252.70 100-43180-534 31,252.70 MILLER EXCAVATING RECYCLED GRAVEL 08/13/93 1894 543.56 100-43100-228 543.56 ACE HARDWARE MAINT DEPT & PARKS DEPT SUPPLIES 08/13/93 1895 $2.48 100-43106-224 9.14 100-45200-220 43.34 " S TIRE CO. MAINT & PARKS PARTS & REPAIR 08/13/93 1896 83.74 100-43100-221 29.95 100-45204-221 53.79 LAKE ELMO OIL JULY FUEL 08/13/93 1897 2,012.62 100-42400-331 73.07 100-42200-212 229.06 100-43100-212 1,624.48 J'9<,!6 r 100-45200-221 86.01 ELMO'S LUMBER & PLYWOOD PARKS & FIRE SUPPLIES 08/13/93 1898 152.01 100-45200-220 107.25 Page 2 - August 17th List of Claims for Approval ,or the period 08113/93 to 18/13/93 68113/93 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT 111-42210-401 44.76 MENARDS MAINT S PARKS SUPPLIES 68113193 1899 351.86 160-43110-223 11.60 306-45260-220 346.26 TJ AUTO PARTS PARKS SUPPLIES 08/13193 1900 14.99 100-45280-221 14.98 A-DOORABLE GARAGE DOOR CO. PARKS BUILDING GARAGE DOOR 08/13/93 1901 2,112.01 414-46280-536 2,102.01 OAKDALE, CITY OF JULY WATER PURCHASED 08/13193 1902 830.98 601-49408-260 836.98 NORTHERN STATES POWER CO WATER FUND 08/13/93 1903 381.92 601-49400-386 381.92 TOTAL 86,774.12 $0,774.12 TOTAL 81,774.12 80,774.12 ASSESSMENT RATE., BASED ON LOW BID (8-12-93) 1993 OVERLAYS CITY OF LAKE ELMO, MINNESOTA Estim- Assess- Assess- Estim- ated* able able City Total ated Previous City*** Location Cost Cost Units Units Units Rate* Rate** Cost Hidden Bay Area $102,536 $92,282 112 0 112 $824 $ 922. $10,254 37th Street (West of Jamaca) 9,215 8,293 11 0 11 754 827 922 Kraft Circle 6,672 6,005 8 0 8 751 688 667 Langley Court 4,330 3,897 3 1 4 974 975 1,407 Legion Avenue (20th to Legion Lane) 17,968 16,171 9.5 1 10.5 1,540 1,686 3,337 Laverne Avenue (TH 5 to 39th) 14,479 14,479 5 1 6 2,413 2,367 2,413 Highlands Trail 39,412 35,471 21 3 24 1,478 1,488 8,375 Highlands Court 12,098 10,888 8 0 8 1,361 1,238 1,210 20th Street Court 3,736 3,363 3 0 3 1,121 1,233 373 Totals $210,446 $190,849 180.5 6 186.5 $28,958 * Based on low bid plus 5% contingencies, 8% engineering and 5% bonding and interest. ** From Feasibility Report dated May 26, 1993. **` Includes 10% City participation plus unit assessment for City -owned lots. 1 Minnesota Department of Transportation Metropolitan Division Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 August 2, 1993 Planning Director City of Lake Elmo 3800 Laverne Avenue N Lake Elmo MN 55042 " n 6 l"I To better serve you, our customers, many of the Metro Division's offices were consolidated into a central location in Roseville. As part of our reorganization Cyrus Knutson and I have assumed the responsibility of coordinating reviews of plat and site plans, comprehensive plans and amendments, capital improvement programs, and environmental documents for the entire Metro Division. Previously our responsibility included only the east metro. Minnesota Statutes, Chapter 505, requires that any preliminary plat which includes lands abutting existing or proposed trunk highways be submitted to Mn/DOT for written comments and recommendations. Mn/DOT has 30 days to complete the review and local governments may not take final action on the plat until after the comments are received or the 30 days have elapsed. We are also interested in reviewing proposed developments which are not adjacent to a state highway but may affect the transportation system. We are available to informally discuss your transportation needs and transportation planning in general. If you have any questions please call me at 582-1386. We look forward to working with you. Please direct any plats or site plans for our review to the following address: Ruth Ann Sobnosky Local Government Liaison Supervisor Metro Division 1500 West County Road 132 Roseville, Minnesota 55113 Sincerely, Ruth Ann Sobnosky 4 ` Local Government Liaison Supervisor An Equal Opportunity Employer CfI'Y OF LAKE ELMO, MINNESOTA AUTHORIZATION FOR PROFESSIONAL SERVICES TO: Toltz, King, Duvall, Anderson and Associates, Incorporated 1500 Meritor Tower 444 Cedar Street St. Paul, Minnesota 55101 Pursuant to our agreement dated February 2, 1988, you are hereby authorized to proceed with the professional services described as follows: 1993 MSA PROJECT JAMACA AVENUE AND LAKE JANE TRAIL A. Provide Engineering Services for Part I - Feasibility Report Phase, Part II - Design Phase and Part III - Construction Engineering Phase, hereinafter described, all in cotmection with 1993 MSA Project, Jamaca Avenue and Lake Jane Trail. of is l rr► ; ° e ; Upon receipt of authorization to proceed with the Feasibility Report Phase, TKDA shall: 1. Prepare initial Feasibility Report and Work Scope and conduct City Council and/or Staff work session. 2. Provide field surveys as required to supplement existing topographic mapping. Prepare preliminary plans, cost estimates and feasibility statement pursuant to MSA 429 for the proposed work. Assist OWNER in one (1) public hearing, and one (1) public informational meeting. C. PART lI - DESIGN PHASE Upon receipt of authorization to proceed with the Design Phase, TKDA shall: Conduct surveys for final design. 2. Arrange for soil borings and related tests. -I- 3. Prepare detailed plans, specifications and bidding documents. 4. Prepare estimates of construction costs. 5. Submit plans and specifications to the OWNER, the Valley Branch Watershed District (VBWD), and the State Aid Division of MnDOT for their review and approval. 1. Assist in securing bids, tabulate and analyze bid results and furnish recommendations as to award of construction contract. 2. Prepare construction contract and associated documents for execution and conduct pre -construction conference. 3. Review shop drawings, job mix formulas and performance tests. 4. Prepare and make recommendations as to partial and final payments to contractor. 5. Interpret plans during construction. 6. Provide general and resident project representation at the project site during the construction period to determine if work is proceeding in substantial compliance with the plans and specifications. 7. Provide survey crew to stake work in the field. 8. Prepare record drawings of the project. 9. Prepare assessment rolls for the project. E. ITEMS NOT INCLUDED* 1. Land appraisals, negotiations and/or related services. 2. Registered land or right-of-way surveys; right-of-way snapping. 3. Environmental studies. 4. Financial planning including services of bond consultant. 5. Soil borings and tests. * Or, if specifically requested by the City, such services shall be performed by the Consultant and shall be billable pursuant to Article 3 of the Basic Agreement and such billings shall be over and above any maximums set forth herein. -2- G. Publication costs associated with advertising for construction bids. 7. Permit application fees. F. COMPENSATION Compensation for the services described herein shall be computed in accordance with the provisions of Article 3 of the February 2, 1988 Agreement, subject to the following additional condition: 1. Payment for Part I and Part II services combined shall be subject to a maximum amount, determined in accordance with the attached curve. 2. In the event the Project is terminated by the City at the end of the Feasibility Report Phase, the maximum payment to TKDA shall be $12,000. Approved at a Regular Meeting of the City Council on February 2,1993. LM Consultant Acceptance by TKDA Representative -3- 11 c d U d a C.1( 7 ps s Net Construction % from Cost Curve T — — - 10,000 21 20,000 18 30,000 16 — 40,000 14,6 1 _ _ 50,000 14.2Z 100,000 12.63 250,000 10.75 500,000 9.52 — — - 750,000 8.90 1, 000, 000 8.53 2, 000, 000 7.82 4,000,000 7.36 000,000 7.20 8,000,000 7.10 1 1 I 0.01 0.05 0.1 0.5 1 5 10 50 100 Net Construction Cost, in millions of dollars NET CONSTRUCTION COST SHALL INCLUDE ALL CONSTRUCTION COSTS FOR WHICH PLANS ARE PREPARED. INCLUOINC ALTERNATE BIOS, WHETHER OR HOT ACCEPTED. UNTIL SUCH TIME AS CONSTRUCTION COST HAS BEEN DETERMINED BY AWARD OF CONTRACT OR ACTUAL CONSTRUCTION, A REAS- OMABLE ESTIMATE OF COST SHALL BE UTILIZED. MINUTES APPROVED 9-7-93 LAKE ELMO CITY COUNCIL MINUTES AUGUST 17, 1993 Mayor John called the city council meeting to order at 7:11 p.m. in the council chambers. PRESENT: Mottaz, John, Johnston, Johnson, City Engineer Bohrer, City Attorney Filla, and Administrator Kueffner. ABSENT: Conlin. 1. AGENDA Add: 4C.Letter from Dan Burgess, 4D. Status Report of Olson Lake Pond, 5B. Response from NHD, 6C. 1993 MSA Project Resolution requesting advanced encumbrance of State Aid Funds, 10C. Resolution requesting conveyance of tax forfeit land in city, 10D. Printer for city office. M/S/P Johnson/Johnston - to approve the August 17, 1993 city council agenda as amended. (Motion carried 5-0). 2. MINUTES: August 3, 1993 Mayor John: At the last council meeting, Councilor Mottaz read a statement which he requested be included as part of the minutes. He considered his statement admissible on the grounds of propriety. After he had finished, I indicated that I felt that his action was out of order. I still do, as Councilor Mottaz introduced his comment immediately after a vote had been taken. His concerns should have been part of the discussion prior to voting, so that the issues he raised could have been properly considered. I still feel Councilor Mottaz to be out of order, but have allowed his statement to remain as part of the minutes of the last Council meeting. I also stated that Councilor Mottaz was not behaving as a team member. I do NOT expect Council members to be in agreement on an issue. But I do expect that items of an administrative nature can be discussed and resolved before a Council meeting. Councilor Mottaz denied the City Administrator an opportunity to investigate and respond to his allegations. Also, he did not notify any of the Council members of his concerns. This I consider to be nothing more than "grandstanding", and not part of cooperative teamwork. The facts are these: 1. At State Government levels, motions can be submitted before both the House of Representatives and the Senate. Those before the House are termed House files, those for the Senate are Senate files. LAKE ELMO CITY COUNCIL MINUTES AUGUST 17, 1993 2 2. Initially, in our discussions on ways to counter the City of Oakdale's attempt to annex the Mn/DOT property in Sections 32 & 33, we knew of House File 220 raised by Representative Pearlt. We expected a Senate file to be raised. Later we knew that file to be Senate File 491, submitted by Senator Price. Both files had to be resisted to ensure that the Oakdale motion could be defeated. 3. At our special, publicly announced, council meeting on February 19, attended by Representative Neary, Administrator Kueffner, Councilors Conlin, Johnson and myself, the existence of a Senate file was mentioned. Opposition to this file was always part of the City's Resolution 93-10, though not specifically mentioned. At the end of the meeting, we realized that no motion had been raised opposing the Senate file. A motion was raised by Councilor Conlin, seconded by Councilor Johnson to oppose the Senate File. This passed 3-0. 4. Subsequently, Administrator Kueffner telephoned Councilor Mottaz, who had not been present at this and other meetings, to tell him of developments, and to make him aware of the inclusion of opposition to Senate File 491 - by name - in Resolution 93-10. She mentioned that she had three votes in support of the motion. I think Councilor Mottaz then jumped to the conclusion that this was a telephone poll, or part of some clandestine action, eventually resulting in his prolonged statement at the last council meeting. 5. There was no telephone vote, nor any clandestine meeting. We were in a battle with Oakdale, fighting on all fronts. We had many meetings, all deliberately and properly publicized. I am sure that had Councilor Mottaz attended the February 19 special meeting, he would have voted in opposition to the Senate file too. That is why I consider Councilor Mottaz' actions at the last meeting frivolous and irrelevant. These issues could have been resolved by discussion with the City Administrator or any of the Councilors, but he preferred to make a big issue of it for unknown reasons of his own. Council member Conlin: I have asked Mayor John to read this statement on my behalf in my absence. Councilman Mottaz had made it well known how he feels about phone polls. I have respected those feelings and not participated in any phone polls. Councilman Mottaz has also frequently made it known that he does not appreciate having to attend special meetings either. Councilman Mottaz did not attend the special meeting of February 19th. To the best of my recollection, it was at the beginning of this meeting that Mary Kueffner informed the Council that she had a phone call in to find out what the Senate File Number would be. Close to the conclusion of the meeting she received the phone call confirming the Senate File Number as 491 and the council members present amended Resolution 93-10 to include Senate file 491. The minutes of the February 19th meeting were approved at the March 2nd meeting. I was not in attendance the March 2nd meeting, That is not to say that I would have caught the LAKE ELMO CITY COUNCIL MINUTES AUGUST 17, 1993 mistake, for at the time it had been necessary to have many meetings and a lot was going on. Six months after the fact, Councilman Mottaz has chose to question how and when the council gave the approval for a resolution that opposed Oakdale legislation of Lake Elmo land. It was my perception that as we lobbied together down at the capital with the resolution in our hands, that there was no conflict amongst the council on this issue. Perhaps if Councilman Mottaz had attended the special meeting of February 19th, he too would have been a part of a purely human typographical error. I have no opposition to Councilman Mottaz pointing out the error, it is important to keep complete and accurate records. But what I cannot fathom is why he would do it in such a manner that would imply impropriety. I feel strongly that the residents of Lake Elmo deserve a council that can work constructively together, Having something like this happen is counter -productive and unnecessary. I am well aware that there are those who do not desire Lake Elmo to have a new positive image and that the perpetuation of disharmony on the council could advance their political ambitions. But for my part, I will continue to ignore their efforts. My time is better served learning and doing the best job on the council I humanly can. Councilman Johnson provided a copy the city received of Senate File Number 491, dated February 4, 1992. Councilman Mottaz made inference that the other members of the council had a clandestine motive to violate laws and conduct city business illegally. On the contrary, the Council is trying to obey the open meeting law, particularly since the lawsuit was introduced several years ago on former Mayor Sue Dunn and Councilor Lee Hunt which the judge denied. M/S/C Johnson/Johnston - that the comments made by Mayor John and Council member Conlin be added verbatim to the minutes. (Motion carried 4-0). M/S/C Johnston/Johnson - to approve the August 3, 1993 city council minutes as amended. (Motion carried 4-0). 3. CLAIMS In regard to Council member Johnson's question on claim #1856 Composting Concepts, Administrator Kueffner reported the compost was not screened because it is still to wet. M/S/C Johnston/John - to approve the August 17, 1993 claims #1858 through #1903 as presented. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 17. 1993 4. OLD BUSINESS: A. Chipper Recommendation M/S/C Johnson/Johnston - that the city continue to accept brush from only Lake Elmo residents with no added fee in 1993, and the staff be directed to get bids and formulate a plan to chip the brush pile the week of October 17, with the final date for accepting brush be established at October 17, 1993. (Motion carried 4-0). B. Dead -End Sign on Jamley Avenue M/S/C Mottaz/Johnson - to accept the recommendation of the Maintenance Foreman to place a "Not a Park Entrance" sign below the existing sign to help in alleviating the traffic. (Motion carried 4-0). C. Letter from Dan Burgess, 8085 Hill Trail N. Mayor John read the letter the Council received from Dan Burgess. Mayor John questioned two signatures of neighbors (Zabrok & Robin Furseth) submitted by Burgess who did not have a problem with his tow business. Mayor John stated that he has personally received several phone calls which indicate concern on Burgess' activities in the Tri-Lakes area. D. Update on Olson Lake Pond Administrator Kueffner provided the council with copies of the Preliminary Silver Lake/Mud Lake/Echo Lake/Weber Pond/Long Lake Water Management Plans by Karen Chandler, Barr Engineering. M/S/C John/Mottaz - to direct the city attorney to investigate methods by which we could adopt litigation or acts which will try and prevent any further action in terms of discharging (Motion carried 4-0). M/S/C Johnson/Mottaz - that the city engineer review other segments of the 509 Plan revision and submit comments as soon as possible and make copies for the council for their comments and direct engineer to attend the VBWD workshop on August 18. (Motion carried 4-0). 5. PLANNING/LAND USE & ZONING: A. Travel Plaza - Staff Review & Recommendation At the August 10, 1993 special meeting with the Parks and Planning Commission, the council directed the staff to prepare an outline as to how the city should proceed in reviewing this request. The council received a memo dated August 12, 1993 from Mike Black and Mary Kueffner outlining the steps in order for Flying J, Inc. to proceed with their proposal. LAKE ELMO CITY COUNCIL MINUTES AUGUST 17, 1993 M/S/C Mottaz/Johnson - for the staff (City Administrator, City Attorney) to call a meeting to discuss the interpretation of Judge Doyscher in order to come to an agreement with Federal Land before they proceed with the planning process. (Motion carried 4-0). M/S/C John/Johnston - to direct the planning commission to review the Highway Business zone so that the architectural and landscape standards that are in Limited Business be incorporated in the Highway Business if that is the rezoning classification Federal Land intends to obtain. (Motion carried 4-0). B. Ordinance relating to storm shelters The Council received a letter dated August 9, 1993 from Ray Press, Cimarron Community Coalition and a memo dated August 13,1993 from Jim McNamara regarding the Cimarron Storm Shelters. A draft ordinance was prepared by the City Attorney for council review. A letter was submitted from James R. Anderson (8-16-93), property manager of Cimarron Park, indicating storm shelters will be locked at all times. Five residents on each side of the line will have keys for each storm shelter. All Cimarron employees, Washington County Sheriff's Dept., the City's Building Official, and the Fire Department will also have keys to both shelters. Sandy Durand, NHD, explained because of the vandalism that has already occurred, their original intention of keeping the shelter open 24 hours a day during storm season has been changed and keys have been distributed. M/S/C Johnson/Mottaz - to adopt Ordinance 8087, as amended, relating to Storm Shelters. (Motion carried 4-0). Update on Bus Service to Cimarron Park Administrator Kueffner reported a survey of the users of the bus service has been done. A meeting is scheduled for Thursday, September 2, 7:00 p.m. at Cimarron Park to discuss the revised bus schedule. They will not be eliminating any of the bus service to the Park according to the data received. Safety Concern on intersection of Jasmine (Stonegate) and County Road 10 Ray Press brought up a safety concern on the blind intersection of Jasmine Avenue and County Road 10. Administrator Kueffner will contact the County to review the safety issue. LAKE ELMO CITY COUNCIL MINUTES AUGUST 17, 1993 C. Ordinance amending Section 301.070D.1.B(6) Allowing Recording Studios in AG Zoning District At their August 9, 1993 meeting, the Planning Commission, on a 7-0 vote, recommended that the code be amended to allow Recording Studios by Conditional Use Permit in the Agricultural Zoning District. Although the council members were sympathetic to the applicant and not opposed to the recording studio, they expressed concerns about expanding uses and turning the AG zone into a General Business zone. Since four votes are required to amend the code and there were only four council members in attendance, the council tabled action on this item until there was a full Council. M/S/C Johnson/Mottaz - to table agenda item until the September 7, 1993 city council meeting. D. Resolution granting CUP for recording studio in AG Zoning Dist. (Driscoll & Daughter) M/S/C Johnson/Mottaz - to table agenda item until the September 7, 1993 city council meeting. (Motion carried 4-0). E. Ordinance moving buildings into city Attorney Filla incorporated the changes directed by the City Council into the ordinance and a draft ordinance relating to Moving of Buildings was submitted for council consideration. M/S/C Mottaz/Johnson - to adopt ordinance 8088, as amended, Moving Buildings. (Motion carried 4-0). F. Ordinance to impose "No Wake" rule Residents have raised concerns about the erosion occurring because of the boats on the lake during this time when the water is so high. Suggestions were made to impose the no wake regulation when the water level reached the 100 year flood elevation and another when it reached the Ordinary High Water Mark. Molly Shodeen, DNR, suggested that the City Administrator work with the DNR's Information And Education department to help determine these levels. Mayor John suggested some type of benchmark indicating the level for no wake at the public access and elsewhere on the lake. M/S/C Mottaz/Johnston - to table until the city administrator receives comments from the DNR. (Motion carried 4-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 17, 1993 6. CITY ENGINEER'S REPORT: A. Award bid for 1993 Patch & Overlay The Council received a memo from Larry Bohrer dated August 13, 1993 reporting eight bids were submitted for the 1993 Bituminous Overlays and Patching and Bituminous Consulting and Contracting submitting the low bid. The low bid contains $5,992 of patching which is intended to be paid out of the Maintenance Department's budget for patching. Bohrer provided assessment rates based on low bid (8-12-93) for the 1993 overlays. M/S/C Johnson/Johnston - to adopt Resolution No 93-62 awarding the bid for the 1993 Patch and Overlay to the low bidder, Bituminous Consulting and Contracting for $182,662.50. (Motion carried 4-0). B. 1993 MSA Project:Letter from Dick Johnson In regard to the underestimation of the anticipated cost of the project by the city engineer, Council member Johnson submitted a letter to the Council and City Engineer suggesting cost savings on the 1993 MSA improvement project. City Engineer Bohrer provided the council a copy of Authorization for Professional Services agreement for the 1993 MSA Project Jamaca Avenue and Lake Jane Trail. Bohrer reported that TKDA has spent $6,500 over what was authorized and they will absorb this cost. The council is asking TKDA to not reduce the level of effort, but reduce the billing that results in that effort for the construction phase. Bohrer will bring the council's concerns to TKDA and prepare an additional response for the September 7th meeting. C. 1993 MSA Project Resolution requesting advanced encumbrance of State Aid Funds M/S/C Johnson/Johnston - to adopt Resolution No. 93-63, A Resolution requesting advanced encumbrance of State Aid Funds for 1993 MSA Project. (Motion carried 4-0). In regard to NSP's tree trimming policy, Bohrer reported the appropriate NSP representative has been contacted and a meeting will be arranged with resident, John Conrad. 7. CITY ATTORNEY'S REPORT: None 8. CITY COUNCIL REPORTS: Mayor John has been meeting with the subcommittee and Parks Commission in relation to establishing bicycle/walking trails throughout the city. They are making excellent progress in terms of defining where possible trails could exist. LAKE ELMO CITY COUNCIL MINUTES AUGUST 17, 1993 9. CITY ADMINISTRATOR'S REPORT: A. Recycling Agreement with Washington County M/S/C Johnson/Johnston - to direct the city administrator to sign the 1993 Agreement for Curbside Recycling Grant Distribution with Washington County. (Motion carried 4-0). B. Specs for Fire Dept.'s Personnel Carrier The Council received the MAC's recommendation in memo dated August 12, 1993. Fire Chief, Dick Sachs, explained they preferred the Ford F-350 series chassis because it provided them with adequate shoulder and head room. M/S/C John/Mottaz - to direct the staff to advertise for bids for the Fire Dept.'s Rescue Vehicle. (Motion carried 4-0). C. Resolution requesting conveyance of tax forfeit land M/S/C John/Johnston - to adopt Resolution No. 93-64, A Resolution requesting the conveyance of certain tax forfeited properties (Lot A, Bergmann Addition) to the city of Lake Elmo. (Motion carried 4-0). D. Printer for the City M/S/C Mottaz/John - to authorize the purchase of a Laser Jet 4 Printer at a cost of $1377; conditioned upon the staff following the purchasing policy of the city. (Motion carried 4-0). M/S/C Mottaz/Johnson - to adjourn the council meeting at 11:30 p.m. (Motion carried 4-0). Ordinance 8087 Relating to Storm Shelters Ordinance 8088 Moving Buildings Resolution No. 93-62 awarding the bid for the 1993 Patch and Overlay to Bituminous Consulting and Contracting Resolution No. 93-63 requesting advanced encumbrance of State Aid Funds for 1993 MSA Project Resolution No. 93-64 requesting the conveyance of tax forfeited land (Lot A Bergmann Addition) to Lake Elmo 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 AUGUST 17, 1993 5:30 p.m. WORKSHOP: Recodification of Lake Elmo Municipal Code 7:00 P.M. MEETING CONVENES 1. AGENDA 2. MINUTES: August 3, 1993 3. CLAIMS 4. OLD BUSINESS• A. Chipper Recommendation B. Dead -End Sign on Jamley Avenue C. Other 8:00 p.m. 5. PLANNING/LAND USE & ZONING: A. Travel Plaza - Staff Review & Recommendation B. Ordinance relating to storm shelters Update on Bus Service to Cimarron Park C. Ordinance Amending Section 301.070D.1.B(6) Allowing recording studios in AG Zoning Dist. D. Resolution granting CUP for recording studio in Ag Zoning Dist. (Driscoll & Daughter) E. Ordinance 8088 moving buildings into city F. Ordinance to impose "No Wake" rule G. Other (over) LAKE ELMO CITY COUNCIL AGENDA AUGUST 17, 1993 2 ( 6. CITY ENGINEER'S REPORT: A. Award bid for 1993 Patch & Overlay B. 1993 MSA Project:Letter from Dick Johnson C. Other 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. Recycling Agreement with Washington County B. Specs for Fire Dept.'s Personnel Carrier 10. ADJOURN