HomeMy WebLinkAbout11-16-93 CCMMINUTES APPROVED:12-7-93
LAKE ELMO CITY COUNCIL MINUTES
NOVEMBER 16, 1993
Mayor John called the city council meeting to order at 7:00 p.m. in the city council
chambers. PRESENT: Mottaz (arrived 7:05 p.m.), Conlin, John, Johnston, Johnson,
City Engineer Bohrer, Attorney John Miller and Administrator Kueffner.
1. Pledge of Allegiance
2. AGENDA
ADD: 8B. 1994 MSA Maintenance Allotment, C. Rolling Hills, 10A. Update on Interview
of Planner
M/S/C Johnson/Johnston - to approve the November 16, 1993 city council agenda as
amended. (Motion carried 4-0).
3. MINUTES: October 26, 1993
M/S/C Johnston/Conlin - to approve the October 26, 1993 city council minutes as
presented. (Motion carried 5-0).
MINUTES: November 2, 1993
M/S/C John/Johnston - to approve the November 2, 1993 city council minutes as
amended. (Motion carried 5-0).
4. CLAIMS
Fire Chief Dick Sachs explained claim #2091 involved handouts and rulers for schools,
day cares, cub scouts for Fire Prevention Day. The quantity purchased by the Safety
Committee is enough for two years and the expenditure is budgeted.
M/S/C Mottaz/John - to approve Claim #2091 from the November 2, 1993 claims list.
(Motion carried 5-0).
M/S/C Conlin/Mottaz - to approve the November 16, 1993 claims #2114 through #2149
as presented. (Motion carried 5-0).
5. PUBLIC INFORMATIONAL:
A. Human Rights Commission
Carol Banister appeared before the council to present the idea of forming a human
rights commission. Members from St. Louis Park, Roseville and Edina have similar
commissions. Their commission advises the city council on housing, services, citizen
needs and compliance of issues for human rights and holds educational events. There
is also a state league that each community can be involved in, which offers support
services to the commission for a small fee.
The Council agreed to consider the possibility of a commission in Lake Elmo.
LAKE ELMO CITY COUNCIL MINUTES
6. UNFINISHED BUSINESS:
A. Update on Hammes Clean
NOVEMBER 16, 1993
Up & Tour of City:Jim McNamara
Jim McNamara reported the Hammes family has done a good job of cleaning up the
exterior storage and provided the council with updated pictures. The large trash pile is
scheduled to be burned on November 20. Fire Chief Dick Sachs made an on -site
inspection and the pile consists of all burnable material. Attorney Gleekel, Hammes'
attorney, asked that Jim make a request to the council to permit the recycling operation
to continue because they will apply for an amendment to their CUP as soon as
possible.
Administrator Kueffner explained that the PZ recommended not allowing recycling in
the Agricultural zoning district. Therefore, there is nothing for them to apply for other
than an amendment to the code to allow recycling as a use in the Agricultural zoning
district. Also, the city has repealed the mining ordinance. Hammes Mining is operating
as a legal nonconforming use. If recycling is going to be used as an accessory use
similar to mining, consideration will have to be given for allowing expansion of mining.
M/S/C Mottaz/Johnson - to allow the Hammes family one month to submit a request to
change their CUP to include the bituminous/concrete recycling operation. (Motion
carried 5-0).
Jim reported that for the past two weeks he, along with a Washington County Deputy,
drove around the city checking for nuisance violations. Most of the initial contacts were
given a warning notice with a 15 day deadline. If they are reoccurring violations, a
citation will be issued.
Letter from Attorney Dayton:
M/S/C Johnson/Mottaz - to add to the agenda OLD BUSINESS:Attorney Dayton's
Letter, (Motion carried 5-0).
M/S/C Mottaz/John - to authorize Charles Dayton to send the letter, as amended, to
parties involved and authorize Larry Bohrer to call Mr. Dayton with suggested change
on Page 4. (Motion carried 5-0).
Letter from Al Dornfeld VBWD:
The Council received a letter from Al Dornfeld, VBWD, dated November 8, 1993,
requesting the city's assistance in requiring and enforcing a set of basic construction -
related erosion control standards as a condition of the building permits they issue.
M/S/C Mottaz/John - to direct the Building Official to enforce the set of construction -
related erosion control standards as a condition on all of the building permits the city
issues. (Motion carried 5-0).
M/S/C Mottaz/Conlin - to direct the staff to prepare a resolution adopting these erosion
control, sediment control, and runoff standards as stated in the November 8, 1993 letter
from the VBWD as a condition for issuing all building permits. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES NOVENMER 16, 1993 3
7. PLANNING/LAND USE & ZONING:
A. Resolution No. 93-74:Minor Subdivision:Jack Hobbs
M/S/C Conlin/John - to adopt Resolution No. 93-74 granting a minor subdivision/lot line
adjustment to Jack Hobbs. (Motion carried 4-1: Mottaz:At the last meeting the city
attorney advised the council not to act until the violations are resolved).
M/S/C Johnson/John - to direct the Building Official to advise Joe Gould that a driveway
permit is required for work that has been done. (Motion carried 4-1: Mottaz:For the
same reason as stated before).
B. Letter from Don Bishop, Lake Elmo Heights
The Council received a letter, dated November 10,1993, from Don Bishop requesting
the council table his application for rezoning of Outlot A, Lake Elmo Hgts 2nd Addition
until the Met Council responds to change of land use in the comprehensive plan. Mr.
Bishop is requesting tabling because he would have to wait six months to reapply if the
City Council denies this application.
M/S/C Johnson/John - to direct the staff to prepare an ordinance to rezone Outlot A,
Lake Elmo Hgts 2nd Addition to RED for the December 7, 1993 council meeting.
(Motion carried 3-2:Conlin, Mottaz:We should comply with Mr. Bishop's request).
C. Bike/Pedestrian Trail Plan
M/S/C Mottaz/Johnson - to accept the bike/pedestrian concept plan and to prepare a
formal amendment to the comprehensive park plan. (Motion carried 5-0).
8. CITY ENGINEER'S REPORT:
A. Cost Estimate for Surface Water Management Plan
Larry Bohrer provided a work scope and cost estimate for a Local Surface Water
Management Plan in his letter dated November 12, 1993. The estimated cost for the
stormwater system inventory and mapping is $13,600 and is recommended to be
Phase 1 of the local surface water management planning. The total estimated cost for
Phase 1 work is $15,000. Also included in Phase 1 is the identification of existing
problem areas that warrant study. The actual study of these areas would be
considered Phase 2. The estimated cost to identify those problem areas which warrant
further study is $1,400.
M/S/C Johnston/Mottaz - to authorize the City Engineer to begin preparation of a local
surface water management plan by completing Phase I at a cost of $15,000.00.
(Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 1993
B. 1994 MSA Maintenance Allotment
Larry Bohrer provided a letter dated November 16, 1993 indicating the 1994 Municipal
State Aid Allotment for the City is estimated to be $153,037. The minimum the City
may request for maintenance is $1,500 per State Aid mile or $14,280. The remainder
of the allotment is available for construction on the State Aid system. Requesting the
minimum for maintenance is consistent with the City's proposed 1994 budget. The
apportionment would be broken down as follows:
Construction Allotment $138,757
Maintenance Allotment 14,280
TOTAL $153,037
M/S/C Mottaz/Conlin - to direct the Engineer to notify the Commissioner of
Transportation that the City of Lake Elmo requests its 1994 Maintenance Allotment at
$14,280. (Motion carried 5-0).
C. Rolling Hills
Charles Nelson, Nelson Properties, admitted that the paving was done improperly in the
Rolling Hills development. Since the summer rains prevented the subgrade from drying
properly, the paving was done in the fall and the City Engineer was not informed of it.
Nelson said it was an oversight on the part of the development team, and that they
didn't intentionally neglect to inform Bohrer. He acknowledged that there was a
problem with the subgrade, soft spots in the road would occur, and that the problem
would have to be corrected in the spring. He believed that if the first layer of paving
was not completed before the winter, the sub -grade would be lost over the winter and
the surfacing of the street would be back at square one in the spring. Consequently, he
took this action to avoid complete disturbance of what had already been achieved and
would have had to be redone during the summer because of rain.
Charles Nelson agreed to pay the city's expense for plowing the street and to accept
liability for the potential damage to the road by the city plows.
M/S/C Mottaz/Conlin - to allow Nelson Properties to continue their development of
Rolling Hills, but the city issued a strong statement that they do not tolerate deviation
from the rules and that the remainder of the conditions in the letter be maintained and
that the city maintenance crew will provide plowing this winter with Nelson Properties
absorbing the cost and accepting liability for potential damage as drawn up in an
agreement by the City Attorney. (Motion carried 3-2:Johnson, Johnston).
9. CITY ATTORNEY'S REPORT:
A. Update on Proposed Joint Powers Agreement
The Council received a DRAFT of a Joint Resolution of the Cities of Lake Elmo and
Oakdale; Agreement of Undertaking; and Joint Powers Agreement. The Council tabled
this item in order to study these documents and should submit their comments (whether
they have changes or not) to the City Administrator by November 23, 1993.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 1993
10. CITY COUNCIL REPORTS:
Mayor John reported on the interview with Planner, Blair Tremere as a potential
replacement for Mike Black who has taken a new appointment. Mr. Tremere has been
elected as Mayor of Golden Valley and is unable to consistently appear at Lake Elmo
City Council meetings because this is when Golden Valley hold their meetings.
M/S/C John/Johnson - to accept Blair Tremere, MFR, as being the city planner for the
remainder of 1993. (Motion carried 5-0).
11. CITY ADMINISTRATOR'S REPORT:
A. Fire Department By -Laws for Relief Assoc.
M/S/C Conlin/Mottaz - to approve the Lake Elmo Volunteer Fireman's Relief
Association By -Laws as presented. (Motion carried 5-0).
B. 1994 City Policies & Priorities Proposed by League of MN Cities
M/S/C Johnson/John - to authorize payment of a $40 registration fee for the City
Administrator to attend the League of MN Cities meeting. (Motion carried 5-0).
C. Superfund Reform
M/S/C Johnston/Johnson - to table this item until the December 7, 1993 city council
meeting. (Motion carried 5-0).
D. Volunteer Recognition Party
M/S/C John/Johnston - to hold the Volunteer Recognition Party on January 21, 1994 at
the VFW. (Motion carried 5-0).
E. City Attorney attending the PZ Meeting
M/S/C John/Johnston - to authorize the city attorney to attend the November 22, 1993
Planning Commission meeting to address PZ issues. (Motion carried 5-0).
M/S/C Mottaz/Conlin - to adjourn the city council meeting at 12:15. (Motion carried 5-
0).
Resolution No. 93-74 granting minor subdivision to Jack Hobbs
NOVE11BER 16, 1993 LAKE ELMO CITY COUNCIL *MEETING
List of Claims for Approval
For the period 11/12/93 to 11/12/93 11/12193
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
LEAGUE OF MINNESOTA CITIES
HANDBOOK FOR MN CITIES
11/12/93
2114
213.00
100-41600-210
213.10
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
11/12/93
2115
193.14
100-41600-200
193.14
AMERICAN LINEN SUPPLY
OFFICE BLDG MAINT
11/12/93
2116
$1.97
100-41608-400
51.97
BELLAIRE SANITATION
OFFICE OUMPSTER
11/12/93
2117,
66.95
101-41500-400
66.96
HAGBERG'S COUNTRY MARKET
OFFICE CLEANING SUPPLIES
11112/93
2118
12,67
160-41500-400
12.57
FOUR SEASONS SERVICES
OFFICE BLDG SUPPLIES
11/12/93
2119
21.75
101-41510-400
21.75
WASHINGTON COUNTY TREAS.
RECORD RESOLUTION R-93-70
11112193
2120
19.50
101-41500-200
19.50
CITY OF NORTH ST PAUL
OCTOBER ANIMAL CONTROL VEHICLE
11112/93
2121
165.00
100-42700-415
165.00
ST CROIX ANIMAL SHELTER
OCTOBER ANIMAL IMPOUNDING
11/12/93
2122
530.66
100-42700-418
$30.66
MCCOMBS FRANK ROOS ASSOC., INC.
OCTOBER PLANNER
11/12/93
2123
678.11
100-41910-300
442.50
893-41910-300
235.69
TKDA
SEPTEMBER ENGINEERING
11/12193
2124
23,415.18
100-41930-306
562.38
307-41930-310
2,295.46
803-41930-308
606.56
402-41930-300
17,407.64
409-41931-300
2,643.14
F.X.L., INC.
ASSESSOR CONTRACT
11112/93
2125
1,200.09
104-41558-300
1,200.00
MINN. DEPT. OF REVENUE
SALES TAX DUE AFTER AUDIT
11/12/93
2126
259.01
100-41500-200
66.11
160-42200-217
117.77
100-42400-203
it.99
�
188-43100-223
3.31
111-45210-588
59.82
LAKE ELMO OIL
OCTOBER GAS & OIL
11/12193
2127
411.12
100-42200-212
323.87
100-42400-331
75.59
101-46200-221
12.46
TNT INC
FIRE DEPT TRUCK REPAIR
11/12193
2128
419.79
I0/-42200-220
419.79
FRED'S TIRE CO.
FIRE DEPT TRUCK REPAIR
11112/53
2129
422.95
100-42208-228
422.96
SMOKE -EATER
FIRE DEPT SUBSCRIPTIONS
11/12/93
2130
56.08
106-42200-433
56.01
ELMO'$ LUMBER & PLYWOOD
FIRE & PARKS DEPT SUPPLIES
11/12/93
2131
69.99
101-42208-491
51.88
100-45201-219
19.11
ALL FIRE TEST INC.
FIRE DEPT SUPPLIES
11/12/93
2132
34.50
108-42200-217
34.60
OSWALD FIRE NOSE
FIRE DEPT SUPPLIES
11112193
2133
101.81
114-42216-217
108.80
CARLSON TRACTOR & EQUIP.CO.
MAINT DEPT TRUCK REPAIR
11112193
2134
69.12
100-43100-221
69.02
JUNKER SANITATION
MAINT DEPT DUMPSTER
11/12/93
2135
85.20
190-43164-223
85.21
GLENWOOD INGLEWOOD
MAINT DEPT SUPPLIES
11112193
2136
12.60
180-43100-223
12.60
RACO OIL & GREASE CO.
MAINT DEPT OIL & GREASE
11/12193
2137
351.87
110-43101-212
351.87
WARNING LITES OF MN, INC.
WARNING BARRICADES RENTAL
11/12/93
2138
154.96
190-43180-226
154.90
CATCO PARTS & SERVICE
MAINT DEPT TRUCK REPAIR
11112/93
2139
41.01
101-43100-221
41.01
GENEX
MAINT DEPT SUPPLIES
11112/93
2140
16.30
100-43IOt-223
16.30
CLEVELAND COTTON PRODUCTS
MAINT DEPT SHOP SUPPLIES
11(12193
2141
145.32
110-43100-223
145.32
DANNY OLINGER
MAINT DEPT PETTY CASH
11112/93
2142
$3.65
100-43100-224
53.65
MEMARDS
MAINT & PARKS SUPPLIES
11/12/93
2143
260.09
180-43100-224
27.41
118-45200-220
232.68
ON -SITE SANITATION INC
5 PARK SATELLITES
11/12/93
2144
336.22
100-46200-386
336.22
GOPHER SIGN CO.
SUNFISH PARK DIRECTIONAL SIGNS
11112/93
2145
51.72
100-45200-219
51.72
EEOS, INC.
PARK SUPPLIES FOR HOCKEY BOARDS
11/12193
2146
10.65
100-45260-219
10.65
U ...ALE, CITY OF
OCTOBER WATER PURCHASED
11112/93
2147
558.74
681-49408-250
558.74
TOWER ASPHALT, INC,
NSA PARTIAL PNT 1 3
11/12/93
2148
139,528.55
402-43100-532
139,524.55
BITUMINOUS CONSULTING & CONTRACTING
BIT.DVERLAY PARTIAL PNT 1 2
11/12/93
2149
99,552.91
402-43108-532
99,052.91
TOTAL FOR MONTH
269,062.73
269,662.73
NOV j
ST. CROIX ANIMAL SHELTER, INC. a
13342 40th Street S
Afton, MN 55001-9638
( (612) 436-7366
BILL TO: DATE: November 4, 1993
Lake Elmo.City Offices
3800 Laverne Ave N
Lake Elmo MN 55042-9699
Services rendered for Oct 93
Date Description
10/01/93 Husky
Check Encl: 0.00
10/05/93 D.S.H. Elk./Wht„
Check Encl: 0.00
10/10/93 D.M.H. Gray/Wht.
Check Encl: 0.00
10/13/93 Retreiver/Lab.
Check Encl: 0.00
10/15/93 D„L.H.Tortoise Shell
` Check Encl: 0.00
10/19/93 D.M,H.Orange Tabby
Check Encl: 0.00
10/21/93 Lab. Yellopw
Check Encl: 0.00
10/22/93 D.L.H. White
Check Encl: 0.00
F Unclaimed- 5 day
M Unclaimed- 5 day
F Unclaimed- 5 day
M Unclaimed- 5 day
-_- FEES
Board Relin Admin Tax
47.25 21.00 2.00 3.07
Total 73.32
36.75 21.00 2.00 2.39
Total 62.14
36.75 21.00 2.00 2.39
Total 62.14
47.25 21.00 2.00
Total
Unclaimed- 5 day , 36.75 21.00 2.00
Total
M Unclaimed- 5 day
F Unclaimed-- 5 day
M Unclaimed- 5 day
36.75 21„00 2.00
Total
47.25 21.00 2.00
Total
36.75 21.00 2.00
Total
Fee Summary 325.50 168.00 16.00
Sales tax
Subtotal
Cash Credit
PLEASE PAY THIS AMOUNT
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TERMS: Net 45 Days
As stated in contract, a $1.00 service charge
will be added to all past due balances.
HMA'ININ�PJNINININIAINININIPIMMPlN1N1NININlNIN1NlNlP1N1NlMM,�1NA�INININI�yT'fNINi���N�NINIMNI C
3.07
73.32
2.39
62.14
2.39
62.14
3.07
73.32
2.39
62.14
21.16
530.66
- 0.00
530.66
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
AGENDA
NOVEMBER 16, 1993
7:00 p.m. Meeting Convenes
1. Pledge of Allegiance
2. Agenda
3. MINUTES: October 26, 1993
November 2, 1993
4. CLAIMS
A. Explanation of Claim #2091
5. PUBLIC INFORMATIONAL:
A. Human Rights Commission
6. UNFINISHED BUSINESS:
A. Update on Hammes Clean Up & Tour of City:Jim McNamara
7. PLANNING/LAND USE & ZONING:
A. Resolution No. 93-74:Minor Subdivision:Jack Hobbs
B. Letter from Don Bishop, Lake Elmo Heights
C. Bike/Pedestrian Trail Plan
(over)
LAKE ELMO CITY COUNCIL AGENDA NOVEMBER 16, 1993 2
8. CITY ENGINEER'S REPORT:
A. Cost Estimate for Surface Water Management Plan
B. Other
9. CITY ATTORNEY'S REPORT:
A. Update on Proposed Joint Powers Agreement
10. CITY COUNCIL REPORTS:
A. Mayor John
B. Council member Conlin
C. Johnson
D. Johnston
E. " Mottaz
11. CITY ADMINISTRATOR'S REPORT:
A. Fire Department By -Laws for Relief Assoc.
B. 1994 City Policies & Priorities proposed by League of MN Cities
C. Superfund Reform
D. Volunteer Recognition Party
E. Other
12. Adjourn