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Home My WebLink About08-03-93 CCMtoao�Q"\ d4,;tf Ae-4-W�,�-mac. 9 '7Z � 513- to ,pi v`- .�/IGL G (./'�tio ��2'�c Gc pay/ G�/�1 Qi /Yy� �� i ? � Q.�.l.� r.dU�L(J ✓tea a-e�. 93 J C YU"� — �.(�y[., i.f'S.-LCF✓'_ ___f �_ •��2nX. -GY�� N'�tl...• �Q � A/�.+-iy/'u. � l 6ew— t Y a�" P - -�3�4�64-e� 4 G eCecco � r � /yy /-�J - °/�e2�s,G G�_��e� ✓ 41q l I ✓��^r%�r/�- i1--' ��ca.�" icy �4r�r � .�r,.yu"�c,G cep _ _ _ _ c . y� p - --- ---- -- - - ✓w CG a �3° l- Ae7aA6&,,fj P/YG�i ✓ - � 'l`%� _ B�2�tCul c-L � L% J- /r-�ti�,.� �(if�ti%r,�.�%,✓�Za-r,.�..�i<za-cCc�/ �'L�io %�.e�,y� �La<te� ��rc��sylo�tAe�cy �2�.�K� � /fie-��.e-•cc-e.>-��/�-r�� - ' '� �_ ��?�J%ZC'rGi�-f��-rGc�eic a •.��'a.� f�a.�' ��"�: .�a ..(�iK�.li e-> ,.0��%sy�3�r_u� �- �_'`�trcc�icz�i'`eG4 �wS .�7cY1� � ic`��.� a/ '.�c;o AUGUST 3, 1993 Lake Elmo Council *fleeting List of Claims for Approval ` for the period 08J03/93 to 08103/93 01130J93 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT LEAGUE OF MN CITIES AUGUST INSURANCE PREMIUM 08/03193 1838 2,964.72 101-41501-130 1,577.70 111-42401-131 418.11 140-43100-136 968.91 ALLIED GROUP INSURANCE TRUST AUGUST INSURANCE PREMIUM 08/13/93 1839 61.77 100-41500-130 28.66 100-42400-130 14.18 106-43104-130 19.01 MINN. BENEFIT ASSN. AUGUST INSURANCE PREMIUM 68//3193 1840 582.30 160-41560-130 72.12 111-43100-130 510.18 GENERAL OFFICE PRODUCTS OFFICE SUPPLIES 08/03193 1841 163.64 100-41500-281 163.64 O.C. HEY CO, COPY MACHINE MAINT CHARGE 48/03193 1842 214.31 111-41516-201 214.31 WASHINGTON COUNTY TREAS. RECORD 2 RESOLUTIONS 98/03193 1843 34.11 118-41506-200 34.08 STILLWATER GAZETTE LEGAL PUBLICATIONS 08103/93 1844 215.00 181-41500-361 215.09 NORTHERN STATES POWER CO JULY UTILITIES 18J/3J93 1845 1,462.18 116-41560-381 222.72 :7 f 101-42200-389 167.86 111-43100-380 91.66 100-43160-388 838.52 111-45200-388 121.31 602-49450-386 21.19 S U. S. WEST JULY TELEPHONES 08J03J93 1846 431.71 111-41500-320 228.38 0 111-42218-320 94.89 i` ' 161-43106-328 54.31 J-1 e, 'o 111-45206-320 54.14 �QrlCS A T & T INSTALL & PURCHASE 1 NEW PHONE 98103/93 1847 665.46 IB0-41500-320 655.46 CELLULAR ONE FIRE DEPT PHONE 08/03/93 1848 16.92 161-42290-320 10.92 FIRE CHIEFS CONFERENCE 1993 DICK & JIM SACHS CONF.REGISTRATION 08/43193 1849 210.00 181-42201-201 218.00 LAKEVIEW HOSPITAL 9 NEW MEMBERS -1ST RESPONDER CLASS 08/03/93 1850 900.00 111-42200-207 941.00 HENNEPIN TECHNICAL COLLEGE 8 MEMBERS -FIREFIGHTER 1 CLASS 08/03/93 1851 1,800.00 100-42200-201 1,800.00 FIRE INSTRUCTORS ASSN.OF MN MANUALS FOR FIREFIGHTERS COURSE /0/03193 1852 117.15 154-42200-207 117.15 RICHARD SACHS I.A.F.C.CONFERENCE REGISTRATION OBJ63J93 1853 325.10 110-42266-207 325.0/ ROSEVILLE RADIO FIRE DEPT-PAGER REPAIR 18/03193 1854 96.71 160-42204-323 96.71 MICHAEL SMITH JULY ANIMAL CONTROL OFFICER 08/03193 1856 766,00 111-42700-110 759.46 COMPOSTING CONwi ,_ aC. TURNING COMPOST PILES 88103193 1856 745.56 106-432/1-317 745.51 ON -SITE SANITATION INC 6 PARK SATELLITES 08/13/93 1857 410.38 100-45208-386 411,38 TOTAL 12,150.75 12,150.75 TOTAL . 12,150.75 12,150.76 MINUTES APPROVED: 8-17-93 i LAKE ELMO CITY COUNCIL MINUTES AUGUST 3, 1993 Mayor John called the council meeting to order at 7:06 p.m. in the city council chambers. PRESENT: Mottaz, Conlin, John, Johnston, Johnson, City Engineer Bohrer, and City Attorney Filla. 1. AGENDA Add: 5B. Update on brush chipping, 5C. Cimarron Storm Shelter Regulations M/S/C Johnston/Conlin - to approve the August 3, 1993 City Council agenda as amended. (Motion carried 5-0). 2. MINUTES: July 20, 1993 M/S/C Conlin/Johnston - to approve the July 20, 1993 City Council minutes as amended. (Motion carried 4-1: Mottaz: I voted no on the minutes for July 20, 1993 for reasons of propriety. I have reason to believe that at the special meeting of February 19, 1993, the matter of amending Resolution 93-10 did not take place. Rather, the decision to do so was the result of a telephone vote taken on or about March 18, 1993. 1 will state some of my reasons for believing this. Sometime after being released from the hospital following my operation on March 2, 1993, 1 received a telephone call from Mary Kueffner. She mentioned Resolution 93-10 regarding Lake Elmo's opposition to House File 220 which would allow Oakdale to petition for further annexation of property in Sections 32 and 33. She further stated that there is now a companion Senate bill file #491 and that she wants to amend Resolution 93-10 to include opposition to the Senate bill. She said that she is aware of my opposition to telephone votes as I feel they violate the State open meeting law, but that she already had three votes and she just wanted to inform me about the matter. With me when I had this conversation were my wife, Lenore, and my grandson, Chris. They, of course, heard only one side of the conversation, but I was so incensed that as soon as I hung up the phone I told them what had just taken place. I had not seen a copy of Resolution 93-10 so in July I called the city office and asked to have a copy sent to me. It was then that I discovered that the resolution had been amended by the city council at a meeting on March 19, 1993. 1 wrote to Mary Kueffner asking for a copy of the March 19 minutes. This resulted in a letter to the city council from Mary dated July 20, 1993 stating that there was no meeting on March 19, 1993, but, in fact, this amendment was passed at the Friday, February 19, 1993 special or emergency meeting which was called to discuss House File 220. LAKE ELMO CITY COUNCIL MINUTES AUGUST 3, 1993 Several problems now arise: As already stated, this meeting was called by the Mayor specifically to discuss the city's strategy in opposition to House File 220.." There was no motion to change the agenda to include discussion of any senate action. The minutes of this 3:15 p.m. meeting, attended by Mayor John, Council persons Conlin and Johnson, City Administrator Mary Kueffner, City Attorney Jerry Filla and Representative Pam Neary, go into unusual detail for a special meeting taking almost two full pages, but not once was there any mention of a senate file or any senate action. Now at least four months later we are told that something as significant as three council members amending a resolution passed three days earlier at a regular meeting by five council members is not important enough to warrant even one line of reporting in the minutes. Further at the next regular meeting the minutes of February 19, 1993 meeting were approved with no revision to include the senate file discussion. The very last entry in these minutes was a statement by Representative Pam Neary referring to House File 220.."The next step is to hear the bill on the floor and the final step is to put it in front of the Senate." I called Representative Neary and asked if she recalled any discussion or even any mention of a Senate File at the meeting of February 19, 1993 and she said three times during our conversation that it never came up at any time while she was there and that Senator Price said that he would inform her when he planned to introduce it. I reiterated that her comments constituted the last entry in the minutes of that meeting. Of great importance is the fact that we have three references to Senate File #491 (by number) in the amended Resolution 93-10, which we are not told was passed not on March 19, but on February 19, 1993. This could not possibly have happened because on February 19, 1993 there was no Senate File #491 There was no Senate File #491 until it was introduced into the Senate six days later on February 25. The secretary in the Senate office also stated that no one would know the exact number of that as any other bill until the day it was introduced in the Senate. In addition when I talked with Senator Price's secretary I was told that Senator Price had scheduled this bill's first committee hearing for March 10. He withdrew it and rescheduled for March 25, 1993. So on February 19 we would not have known what bill to oppose nor when to file our opposition. There are other facts in my file that aided in my coming to the conclusion that it was not possible for the Lake Elmo City Council to take any action regarding Senate File #491 on February 19, 1993, but I believe for now enough has been said and I've made my case. I truly believe that the action to amend Resolution 93-10 was accomplished by a telephone vote in March (possibly the 1 Bth or 19th) and did not occur during a scheduled or a special meeting of the City Council. I request that this entire statement be included as part of the minutes of this meeting, not as an addendum but in order.) LAKE ELMO CITY COUNCIL MINUTES AUGUST 3, 1993 3. CLAIMS On claim #1856 Composting Concepts, Councilman Johnson had a question if screening was included in turning of the compost pile which was delayed from last year because of the wet conditions. M/S/C Johnston/Conlin - to approve the August 3, 1993 claims #1838 through #1857 as presented. (Motion carried 5-0). 4. PUBLIC INQUIRIES --INFORMATIONAL A. Public Inquiries Bob Helwig, 8247 27th St., asked what the procedures and time frame are to change the Lake Elmo Comprehensive Plan? What is the status including the future time frame for a comprehensive plan amendment for Outlot A in Lake Elmo Heights. The city staff will notify Mr. Helwig of the meeting date with the Metropolitan Council. John Conrad, 3812 Jamaca Avenue N., asked if NSP has the right to go beyond that 4' wide utility easement on the west side of Jamaca for the purpose of trimming trees? The Council directed the engineer to meet with a responsible NSP representative to review policies on tree trimming and clearances for wires. Jim McLeod, 2543 Lake Elmo Ave., explained about a year ago United Properties came to the city and said they had an unknown developer that wanted to build a $30-50 million complex on their property along 1-94. After the initial contact, we were told that Lake Elmo was the choice site. We now know that State Farm has taken an option on property in Woodbury. Has the City Council ever said to United Properties we will provide sewer and water to the site and this is how we proposed to do it and pay for it. If not, why not.? He would like to see some positive action taken and stated to United Properties, if this is still State Farm's first choice we're prepared to get sewer and water to them somehow. If Woodbury can get utilities to them, Lake Elmo certainly should be able to get it. Mayor John explained the city has been actively involved with Oakdale to provide sewer to the western edge of United Properties. The representative of United Properties is well aware of that. The Council has offered a joint powers agreement with Oakdale to develop sewer, but have not yet reached an agreement. John was not so sure that Lake Elmo was the first choice. Gloria Knoblauch, 9181 31st St. N., would like to see a street light on Laverne Avenue and Highway 5 because when there are city council meetings you cannot find the street. Knoblauch also asked consideration for a stop and go light on Lake Elmo Avenue and Highway 5 because it is a very dangerous intersection. LAKE ELMO CITY COUNCIL MINUTES AUGUST 3, 1993 B. Huff N'Puff (1) 5K Running Race on City Streets M/S/C Johnson/Mottaz - to approve the request by Lake Elmo Jaycees for a 51K foot race on city streets during Huff N'Puff Days; subject to coordination with the Washington County Sheriff's Dept. for barricades to close off the streets, traffic control provided for safety reasons, contact residents who abut these streets, and any outside expenses paid by Lake Elmo Jaycees. (Motion carried 5-0). (2) Non -Intoxicating Malt Liquor License M/S/C Conlin/Johnston - to grant a non -intoxicating malt liquor license to the Lake Elmo Jaycees for Huff n'Puff days, August 12-15, 1993 at Lions Park and further to waive the license fee. (Motion carried 5-0). 5. OLD BUSINESS: A. Justin Bloyer: Slalom Ski Course on Lake Jane Justin Bloyer asked the Council to reconsider the "no buoy" ordinance so that he can get his slalom ski course operational this summer until the water use committee could review the surface water use ordinance. Several residents voiced their opinion against allowing the buoys to be placed and cited accounts of Bloyer breaking lake rules. The Council decided that it would not allow any sort of temporary ordinance to be made until a water use committee could be formed which would review the existing ordinance because this would affect all the lakes in Lake Elmo. B. Update on Brush Chipping In response to a letter the Council received from Greg Malmquist regarding the inability to take brush to the compost site, Councilman Johnson made the following motion: M/S/C Johnson/John - to direct the Maintenance Supervisor and Administrator to come back to the August 17th meeting with recommendations as to how they felt the best way to handle brush chipping. (Motion carried 5-0). C. Storm Shelter Regulations Attorney Filla provided regulations which would require the owners of the Manufactured Home Park to adopt regulations relating to the use and maintenance of the storm shelters could be adopted as part of its Manufactured Home Park Code. LAKE ELMO CITY COUNCIL MINUTES AUGUST 3, 1993 The Council made the following suggestions: Add the following under Item 2. Shelter Access Map: Copies of the map should be available at the Park Office and posted in the Club House. Add the following under Item 3. Shelter Drills: The Lake Elmo Civil Defense Director and Fire Dept. Chief shall be given 72 hours advanced notice of shelter drill and shall make recommendations based upon their observations of drill shall be incorporated as part of the regulations. Add the following under Item 5. Periodic Review: Solicit comments from Manufactured Home Park owners and City Administrator regarding effectiveness of current storm shelter regulations. M/S/C Mottaz/Johnston - to direct the city attorney to draft regulations to add to our Manufactured Home Park Ordinance as discussed, (Motion carried 5-0). 6. PLANNING/LAND USE & ZONING: A. Resolution granting minor subdivision to Everett Beaubien M/S/C Johnson/Mottaz - to adopt Resolution No. 93-58 approving a minor subdivision to Everett Beaubien as described in said Resolution, subject to a park dedication fee of $700 for the newly created lot as recommended by the Planning Commission on July 26, 1993. (Motion carried 5-0). B. Driveway Ordinance City Engineer Bohrer pointed out that state aid standards have maximum widths: 22 feet for residential driveways and 32 feet for commercial driveways. The width is unregulated once it crosses the property line other than impervious surface coverage or other constraints. M/S/C John/Mottaz - Width: For that portion of the driveway on the street right-of-way, the maximum driveway width of any new residential driveway shall be 22 feet and a commercial (non-residential) driveway shall be 32 feet. (Motion carried 5-0). Attorney Filla explained the driveways that are illegal at the present time should be made to conform to the new ordinance. The driveways that are currently legal and will become illegal because of the adoption of this code, will then become non -conforming and can stay, but cannot be expanded. LAKE ELMO CITY COUNCIL MINUTES AUGUST 3, 1993 C. Call Joint Meeting with PZ and PA for August 10 to review Travel Plaza on CR19 & 1-94 M/S/C Johnston/Johnson - to call a joint meeting with the City Council, Planning and Parks Commission for August 10, 1993 at 7:00 p.m. to review the Travel Plaza proposed for County Road 19 and 1-94. (Motion carried 5-0). D. Ordinance relating to moving buildings into the city Attorney Filla provided a letter, dated June 16,1993, on proposed legislation for moving buildings into city. Attorney Filla voiced his concern on the double bond provision. Jim McNamara, Building Official, and Attorney Filla suggested the following wording : A. APPLICATION: (Delete #4 and #5) Add:The applicant shall comply with the grading and landscaping provisions in accordance with the zoning district to which the structure will be located. STANDARDS: Add:The applicant shall comply with the Uniform Building Code and the City Zoning Ordinance.The building being moved into the City must meet all requirements of the Building Codes within 12 months after it is moved in. REVIEW PROCESS: When a request to move a building into the City is brought in, residents in the area be advised prior to the request being submitted to the Planning Commission. Attorney Filla suggested he meet with the Building Official and draft an ordinance that complies with the discussion and resubmit it to the Council in two weeks. M/S/C John/Mottaz - to table discussion on item pending resubmission of the ordinance revised in accordance with the general comments from the council, attorney and building official. (Motion carried 5-0). E. Resolution prohibiting parking on Lake Elmo Avenue adjacent to Tartan Park M/S/C Mottaz/Conlin - to adopt Resolution 93-59 requesting Washington County to erect "No Parking" signs on Lake Elmo Avenue adjacent to Tartan Park Ballfields. (Motion carried 5-0). F. Recodification - Set date for workshop M/S/C John/Conlin - to call a special workshop to review the code recodification for Tuesday, August 10, 1993 at 5:30 p.m. (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 3, 1993 G. St. Croix United Way -Temporary Sign at Lake Elmo Bank M/S/C Mottaz/Johnson - to direct the staff to schedule a public hearing as soon as possible to consider the request of the St. Croix United Way for a temporary sign at the Lake Elmo Bank and waive the fee for a Conditional Use Permit. (Motion carried 5-0). H. Request for "Dead End" sign on Jamley (near 28th St.) Dan Olinger received a request from a resident that lives on 28th Street for placement of a "Dead End" sign on Jamley Avenue because so much traffic is using her driveway for a turnaround when they discover the road does not go through. The property owner suggested the sign be placed mid way between 31 st Street and 28th Street. The cost of a "stop" sign is $50. M/S/C Johnson/John - to place a "Not A Through Street' sign at the appropriate and approved location (suggestion: south of 31st street before you commit to turn on Jamley Avenue). (Motion carried 5-0). 7. CITY ENGINEER'S REPORT: A. Award bid for 1993 MSA Project Larry Bohrer provided a memo, dated July 30, 1993, analyzing the 1993 MSA project budget and making the recommmendation to award the contract to the low bidder, Tower Asphalt, in the amount of $732,985.00 conditioned upon state aid approval. The low bid was substantially higher than the estimated cost in the Feasibility Report due to the higher cost of blacktopping and culverts. Bohrer has reviewed the bid to see if any of the work items can be reduced or eliminated and recommended some cost savings. The shortage is eligible to be reimbursed by MSA funds, but will not be received from the State until about February, 1995. The Finance Director recommends that the city finance this amount for one year from its Infrastructure Reserve Fund. The current balance in that fund is $73,736. Several council members voiced their concern in using the estimated 1994 MSA Fund allotment for this project. Council members Mottaz and Johnson requested the $6,000 for replacement of trees remain and borrow $63,000 instead of $57,000 out of the Infrastructure Reserve Fund. M/S/C Mottaz/Johnson - to adopt Resolution No. 93-60 accepting the bid from the low bidder, Tower Asphalt in the amount of $732,985.00 for reconstruction of Jamaca Avenue between TH5 and Lake Jane Trail, and Lake Jane Trail between Jamaca Avenue and Jane Road; conditioned upon State Aid approval . (Motion carried 5-0). LAKE ELMO CITY COUNCIL MINUTES AUGUST 3, 1993 M/S/C Mottaz/Johnson - the council reviewed the possible cost savings and concurred with deleting salvage watermain ($2,400), delete 50% of topsoil ($13,300); delete mailbox supports ($6,800), but postponed any action on the reduced tree replacement ($6,000). (Motion carried 5-0). 8. CITY ATTORNEY'S REPORT: None 9. CITY COUNCIL REPORTS: Mayor John informed the Council that on Saturday the inflatable plug on Olson Lake Pond had become detached and Mr. Winkel's yard was flooded. The plug has been restored, but Mr. Winkel is concerned about the damage done to his property which he has taken up with the VBWD. Councilman Johnson reported that the MAC has toured various companies that make the road rescue vehicle that the Fire Dept. is proposing to purchase. 10. CITY ADMINISTRATOR'S REPORT: A. Team Building:Goal Setting Meeting - Set Date M/S/C Mottaz/Conlin - to table discussion on this item in order to have the City Administrator's input. (Motion carried 5-0). M/S/C Johnston/Johnson - to adjourn the council meeting at 10:30 p.m. (Motion carried 5-0). Resolution No. 93-58 approving a minor subdivision to Everett Beaubien Resolution No. 93-59 requesting Washington County to erect "No Parking" signs on Lake Elmo Avenue adjacent to Tartan Park Ballfields Resolution No. 93-60 accepting the bid from the low bidder, Tower Asphalt, in the amount of $732,985 for reconstruction of Jamaca Avenue between TH5 and Lake Jane Trail, and Lake Jane Trail between Jamaca Avenue and Jane Road; conditioned upon State Aid approval 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 3, 1993 7:00 P.M. MEETING CONVENES 1. AGENDA 2. MINUTES: July 20, 1993 3. CLAIMS 4. PUBLIC INQUIRIES --INFORMATIONAL A. Public Inquiries B. Huff N'Puff (1) 5K Running Race on City Streets (2) Non -Intoxicating Malt Liquor License (3) Other 5. OLD BUSINESS• A. Justin Bloyer:Slalom Ski Course on Lake Jane 6. PLANNING/LAND USE & ZONING: A. Resolution granting minor subdivision to Everett Beaubien B. Driveway Ordinance C. Call Joint Meeting with PZ and PA for August 10 to review Travel Plaza on CR19 & I-94 D. Ordinance relating to moving buildings into City LAKE ELMO CITY COUNCIL AGENDA AUGUST 3, 1993 2 6. PLANNING/LAND USE & ZONING: (Continued) E. Resolution prohibiting parking on Lake Elmo Avenue adjacent to Tartan Park F. Recodification - Set date for workshop G. St. Croix United Way -Temporary Sign at Lake Elmo Bank H. Request for "Dead End" sign on Jamley (near 28th St.) I. Other ----------------------B R E A K ---------------------------- 7. CITY ENGINEER'S REPORT: A. Award bid for 1993 MSA Project B. Other 8. CITY ATTORNEY'S REPORT: 9. CITY COUNCIL REPORTS: A. Mayor John B. Council member Conlin C. Johnson D. Johnston E. Mottaz 10. CITY ADMINISTRATOR'S REPORT: A. Team Building:Goal Setting: Set Date B. Other 11. ADJOURN