HomeMy WebLinkAbout01-04-94 CCMMNUTES APPROVED: 1-25-94
LAKE ELMO CITY COUNCIL MINUTES
JANUARY 4, 1994
Mayor John called the City Council meeting to order at 7:10 p.m. in the city council chambers.
PRESENT: Mottaz, Conlin, John, Johnston, Johnson, City Engineer Bohrer, City Planner
Schwanke, City Attorney Filla and Administrator Kueffner.
Pledge of Allegiance
1. AGENDA
Add: 4D. Jaycee Proclamation for Jaycee Week, 7C. Discuss Reactivating 440 acre MUSA
Ext. application, 11 B. Invite Legislators to Thursday meeting, Update on Cable Commission,
11 C. Grants available for trees from DNR.
M/S/C Johnson/Conlin - to approve the January 4, 1994 city council agenda as amended.
(Motion carried 5-0).
2. MINUTES: December 7, 1993
M/S/C Conlin/ Johnson - to approve the December 7, 1993 city council minutes as amended.
(Motion carried 5-0).
3. CLAIMS
M/S/C Mottaz/Johnston - to approve the January 4,1994 claims #2211 through #2271 as
presented. (Motion carried 5-0).
The city administrator will look into more information on insurance coverage for up to $20,000
per member through the League of MN Cities to cover allegations of breaches to the open
meeting law.
4. PUBLIC INQUIRIES AND PUBLIC INFORMATIONAL
A. Comments, questions and inquiries
Gloria Knoblauch, 9181 31st St. N., stated she had done an extensive study on multi -use trails
and suggests single usage in Sunfish Park, such as cross country skiing in the winter and
hiking in the summer.
B. Request to ban snowmobiling in City
Washington County Deputy, Kim Carey, had met with a snowmobile club and interested
residents to try to resolve some of the snowmobile problems. Deputy Carey was unable to
attend this council meeting. The snowmobile club indicated their willingness to work with the
city and left trail maps. Speed seems to be a problem and the city requested posted speed
limit signs for the lakes.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 1994 2
C. Petition to correct the spelling of Jamaca
The Council received a letter dated December 27, 1993 from James Blackford, 9765 45th
St.N., petitioning the city to correct the spelling of Jamaca Avenue to Jamaica Avenue.
On the Washington County road map Jamaca Avenue is found without the "i" in communities
of Lake Elmo, Grant Township, and Forest Lake Township. Jamaica Avenue is in Cottage
Grove. Attorney Filla stated there were no legal ramifications in changing the spelling, but
would the change affect post office delivery. The Council suggested surveying the residents of
Jamaca Avenue and hear what their attitude is to this change.
M/S/C Mottaz/Johnston - to direct the staff to take a minimum survey of residents on the
spelling correction of Jamaca Avenue with no time limit set. (Motion carried 4-1: Conlin: the
staff is busy. If this was a big problem, she could see doing the survey.)
D. Proclamation
Michele Carlson, President of Lake Elmo Jaycees presented a proclamation to the Council .
Mayor John proclaimed the week of January 16-22, 1994 as Jaycee Week and urged all
citizens of our community to give full regard to the past and continue service of the Jaycees.
M/S/C Mottaz/Conlin - the city council supports Mayor John in proclaiming and signing the
Proclamation proclaiming the week of January 16-22, 1994 as Jaycee Week. (Motion carried
5-0),
5. OLD BUSINESS
A. L.P.D. Electric
The Council received a letter dated January 3, 1994 from Luc and MaryJean Dupuis, LPD
Electric, indicating they are withdrawing their building application because they have another
project pending at this time. The Council pointed out that they did try to accommodate this
application and all agreed this would be a fine addition to the city. It was strictly a business
decision on the part of LPD Electric.
B. Olson Lake Estates
Molly Shodeen, DNR, advised that the survey of Olson Lake Pond should be done at the end
of January. Attorney Dayton suggested the city wait until the survey is done, but to closely
monitor the activities of the Valley Branch Watershed District as they proceed with their 509
amendment.
M/S/C John/Mottaz - to wait until we know status of pond and to closely monitor the activities
of the Valley Branch Watershed District as they proceed with their 509 amendment and inform
the Tri Lakes Assoc. of the city's decisions. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 1994
6. STAFF REPORTS:
A. Update on Maintenance Department Activities:Dan Olinger
Maintenance Foreman, Dan Olinger, voiced his concerns about the way in which the
Minnesota Department of Health handled the city's water contamination problem in the Old
Village, particularly the method in which the water was tested.
M/S/C John/Johnston - to send a terse letter to the Health Dept. emphasizing cost of putting
everything right and indicating suspicion that testing was not done correctly, and request in
writing supporting data and sampling and analytical test procedures. (Motion carried 5-0).
Olinger pointed out vehicles are not being moved for snowplowing purposes and requested
the city become tougher on enforcing the snowplowing ordinance. Also, garbage cans and
recycling containers are still being placed in the roadway and not in their driveways. He
suggested asking Bellaire/Maroney to send a note reminding residents to keep their
containers (recycling and garbage) off the road. Residents can be informed through the city
newsletter.
M/S/C John/Johnston - to direct the staff to submit wording change for the snowplowing
ordinance for Thursday night meeting to permit every snowplow operator the authority to ticket
or tow vehicles. (Motion carried 5-0).
Councilman Johnson voiced his concern that the wood pile had not been chipped by
Arbotech, St. Croix Beach, at an estimated cost of $2,175. Olinger stated Arbotech was out to
look at the pile and the chipping can still take place.
B. Conditional Use Permit Reviews: Jim McNamara - postponed
C. Construction -Related Erosion Standards- postponed
Jim McNamara will prepare wording for construction related erosion standards to go along
with all building permits and work with the planner and engineer for proper wording in the
code.
7. PLANNING/LAND USE & ZONING:
A. Recommendation from Planning Commission relating to Highway Business (HB)
regulations.
Attorney Filla commented that if the city did not intend to continue with HB Zoning they may
want to rezone the four existing HB sites to some other acceptable category. If they were to
eliminate the zoning, they should repeal the regulations, and the current HB sites become
legal non -conforming uses which could continue but not expand unless consistent with the
code. If the city is going to keep the HB zone, it is a good idea to have a more complete set of
regulations. In regard to pending applications, until the city gives some type of preliminary
approval to the development application there is no vesting of rights.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 1994
M/S/C Mottaz/John - to direct the staff to prepare an ordinance for the next meeting
incorporating the landscaping and architectural standards as prepared by Mike black and
considered at a Public Hearing into the HB zoning district (dated 9-10-93) and to do nothing to
eliminate the HB zoning category. (Motion carried 5-0).
B. St. Croix Valley Planning Advisory Commission
The City received a letter from Chris Wallberg, Secretary for Middle St. Croix Valley Planning
Advisory Commission introducing the organization and defining its mission. Councilman
Johnson indicated interest in attending meetings.
M/S/C Mottaz/John - to send a letter indicating the city's appreciation of what the Commission
has done and request our city administrator receive minutes and agendas for circulation to
council, but note the council reserves judgment on whether to join until we attend some
meetings. (Motion carried 5-0).
C. MUSA Application
M/S/C John/Johnston - to request the city planner provide a cost estimate and timeframe to
reactivate the application for 440 acre MUSA extension and then decide whether to submit
this application. (Motion carried 5-0).
8. CITY ENGINEER'S REPORT: None
9. CITY ATTORNEY'$ REPORT:None
10. ANNUAL ORGANIZATIONAL MEETING:
A. Election of Acting Mayor
M/S/C Mottaz/Conlin - to. appoint Karen Johnston as Acting Mayor . (Motion carried 4.0-
1:Abstain:Johnston).
B. Designation of Legal Newspaper
M/S/C Mottaz/Johnston - to designate the Stillwater Gazette as the City's Official Legal
Newspaper for 1994 based on the fact that it is a daily publication and allows the City to
provide a quicker response to applications. (Motion carried 5-0).
C. Designation of Official Depositories
Finance Director, Marilyn Banister, has indicated that these depositories have provided good
service to the City in 1993 and recommended the following motion:
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 1994
M/S/C Johnston/Conlin - to designate the Lake Elmo Bank, Royal Alliance Association, Inc.
(Franklin Fund), Paine Webber, Prudential Securities, Merrill Lynch, Minnesota Municipal
Money Market Fund (The 4M Fund), and Kidder, Peabody as the City of Lake Elmo's official
depositories for 1994. (Motion carried 5-0).
D. Appointment of City Consultants and Commissioners
(1) City Engineer
(2) City Attorney
(3) City Planner
M/S/C Johnston/Johnson - to appoint Larry Bohrer, TKDA as the city Consulting Engineer for
1994, to appoint Jerry Filla, Peterson, Fram, Bergman, as the city's Civil and Criminal Attorney
for 1994, to appoint Steven Schwanke, RLK, as the City's Planner for 1994 and direct the staff
not to make any efforts for soliciting bids for consultants for 1994. (Motion carried 5-0),
(4) Planning Commission
M/S/C Johnson/Mottaz - to appoint Vicki Horton to a full three-year term on the Planning
Commission, which was originally intended, to appoint Marcus Gernes and Bob Helwig to
three year terms and direct the staff to advertise PZ vacancies and send letters of appreciation
to Ann Bucheck and Steve DeLapp. (Motion carried 5-0).
(5) Parks Commission
The council received a letter, dated January 3, 1994, from Randy Thoreson submitting his
resignation from the Parks Commission due to both personal and professional commitments.
M/S/C Conlin/Johnston - to appoint the first alternate, Karen Leach, to a three year term, to
accept the resignation of Randy Thoreson, direct the staff to advertise the vacancies (two full
voting and two alternates) in the city newsletter, to review the applications that may be on file
for appointment to this Commission and to send letters of appreciation to Randy Thoreson,
Nancy Hansen, Sharon Simpson. (Motion carried 5-0).
(6) Cable Commission
M/S/C John/Johnston - to reconfirm Rita Conlin and Karen Wandmacher as Lake Elmo's
Representatives to the Ramsey/Washington Counties Suburban Cable Communications
Commission with Dick Johnson and Steve Foster as their alternates. (Motion carried 5-0).
(7) Community Education (ISD 834 and ISD 622)
M/S/C Johnson/Johnston - to reappoint Nancy Hansen to the School District 834 Community
Education Advisory Board and to reappoint Carol Monette to the School District 622
Community Education Advisory Board. (Motion carried 5-0).
(8) Financial Consultant
M/S/C Conlin/John - to appoint Kathy Aho, Springsted Company, as the City's Financial
Consultant for 1994. (Motion carried 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 1994
11. CITY COUNCIL REPORTS:
A. Mayor John updated the council on the ADA presentation at the Joint Council/Parks
Commission meeting. As these ADA requirements are identified during the budget planning
stages, the city will have to set money aside to insure we come into compliance.
B. Council member Conlin: At the 6 p.m. meeting, it was decided since the full council
wasn't in attendance it was better that official action be taken at this meeting to invite our
legislators to discuss legislation that would parallel Oakdale's regarding
detachment/annexation of property in Section 32/33.
M/S/C Conlin/ John - to invite Rep. Pam Neary and Senator Gary Laidig to the attend the
Thursday meeting for the purpose of asking them to offer legislation that would parallel
Oakdale's and request the city attorney draft this language and send to legislators for review
before the meeting and prepare a formal resolution requesting sponsoring of this piece of
legislation. (Motion carried 5-0).
The City received a letter from the SCC with Ginny Holder alleging possible
discrimination as far as the commission's actions with SCC.
Attorney Filla explained that the city should make sure there is some authority and frame the
issues properly before we make a request to the Attorney General. He would have to review
their legislation and by-laws to see what is the appropriate course of action.
M/S/C Johnston/John - to direct the city attorney to review the cable commission's by-laws
and city's position in regard to those and report back on what the next step should be. (Motion
carried 5-0).
C. Councilman Johnson had talked to Parks Supervisor, Mike Bouthilet, who had
received a letter from the MN DNR and there are two grant programs available for tree
planting and other community forestry projects: Urban and Community Forestry Challenge
Grants Program for $150,000 and SBA Natural Resources Development Program for
$152,000. More details will be received and Councilman Johnson would be willing to work with
Mike Bouthilet, Parks Commission and the school and proceed with grant applications.
M/S/C John/Mottaz - to support Dick Johnson's endeavors to identify and obtain information
on grants for at tree planting program for Lake Elmo and work with Mike Bouthilet and Parks
Commission to get a program going. (Motion carried 5-0).
10. CITY ADMINISTRATOR'S REPORT: None
M/S/C Conlin/Mottaz - to adjourn the city council meeting at 9:45 p.m. (Motion carried 5-0).
JANUARY 4, 1994 LAKE ELMO COUNCIL MEETING
List of Claims for Approval Page 1
i
For the period 12/.30J93 to 12/30/93 12/30/93
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
I.S.D. f 834
PERMIT 194-3268 1/10/94 RES.
12/30193
2211
70.00
100-41300-331
70,00
L G S R
MEMBERSHIP CONTRIBUTION
12/30193
2212
509.00
100-41300-433
500.00
LEAGUE OF MH CITIES
JAN.INSURANCE PREMIUM
12/30/93
2213
3,156.48
100-41508-130
1,750.06
160-42480-130
418.11
100-43100-130
988.31
ALLIED GROUP INSURANCE TRUST
JAN.IASURANCE PREMIUM
12/30/93
2214
62.82
160-41500-130
34.11
100-42450-130
15.10
100-43100-130
13.55
MINN. BENEFIT ASSN.
JAN,INSURANCE PREMIUM
12/39/93
2215
582.30
180-41500-130
72.12
100-43100-130
510.18
WASHINGTON COUNTY TREAS.
RECORD RES 93-74
12/30193
2216
19.50
180-41580-200
19.58
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
12/30/93
2217
186.55
100-41500-200
186.55
O.C. HEY CO.
COPY MACHINE MAINT.
12/30/93
2218
171.73
100-41601-200
171.73
PITNEY BOWES
MAILING MACHINE MAINT
1213/193
2219
190.08
100-41500-200
190.00
THOMPSON HARDWARE CO
RISC SUPPLIES
12/30/93
2220
36.33
100-41500-400
17.69
160-43100-223
7.00
100-45200-220
11.64
BELLAIRE SANITATION
NOV & DEC OFFICE OUMPSTER
12130193
2221
133.90
100-41500-400
133.90
AMERICAN FLAGPOLE & FLAG CO.
OFFICE -NEW FLAG
12130/93
2222
42.60
100-41500-400
42.60
STATE OF MINNESOTA
ACCOUNTING SYSTEM UPGRADE
12130/93
2223
100.00
100-41500-206
100,00
ST'(.LWATER GAZETTE
LEGAL PUBLICATIONS
12130/93
2224
75,00
100-41500-351
75.00
J'S OF MINNESOTA, INC.
11/19/93 NEWSLETTER
12/30/93
2225
581.06
101-41500-354
581.06
FOUR SEASONS SERVICES
OFFICE
12/30/93
2226
26.95
110-41516-400
26.95
L M C INSURANCE TRUST
WORKERS COMP ANNUAL PREMIUM
12/30/93
2227
16,068.00
10@-41500-150
845.00
100-42200-150
5,513.00
106-42400-150
976.00
100-43100-150
6,504.80
100-45200-150
1,713.09
601-49400-150
517.00
A T & T
OFFICE TELEPHONES
12/30/93
2228
59.96
160-41500-320
59.96
U. S. WEST
DECEMBER TELEPHONE
12/38/93
2229
448.81
I00-41580-320
226.7E
100-42200-320.
112.81
108-43100-320
54.44
108-45200-320
56.80
MICHAEL SMITH
DECEMBER ANIMAL CONTROL OFFICER
12/30/93
2230
.525.00
100-42700-118
525.00
ST PAUL STAMP WORKS
94 006 TAGS
12/30/93
2231
99.51
110-42700-203
99,51
ST CROIX ANIMAL SHELTER
NOVEMBER IMPOUNDING
12/30/93
2232
202.92
100-42700-418
202.92
MN ON -SITE SEWAGE TREATMENT CUNT.
DUES
12/30193
2233
25.00
100-42400-207
25.00
TNT RECYCLING
NOVEMBER RECYCLING
12/30/93
2234
4,332.95
100-43201-318
2,962.03
803-43290-318
1,376.92
WASHINGTON COUNTY TREAS.
2ND 112 POLICE CONTRACT 493-82
12130/93
2235
54,216.47
100-42100-300
54,216.47
MCCOMBS FRANK ROOS ASSOC., INC.
NOVEMBER PLANNER
12130193
2236
152.00
100-41910-300
152.00
F.X.L., INC.
ASSESSOR CONTRACT
12130/93
2237
1,200.00
100-41550-300
1,280.00
HOLMES & GRAVEN
SOVEREIGN V. HUNT
12/30/93
2238
7,688.09
110-41600-300
7,688.05
PETERSON FRAM & BERGMAN
NOVEMBER LEGAL
12130/93
2239
5,776.65
160-41600-360
5,179.75
402-41608-3.00
362.80
(l
803-41600-368
334.10
J ,..GCS SACHS
SEPT & OCT RUN REPORTS
12/30193
2240
108.00
100-42200-200
1@8.0@
BYSTROM BROS. INC.
FIRE DEPT MOUNT FOR VIDEO EQUIP
12130/93
2241
54,40
101-42200-217
54,40
PEPIN, DOUG
FIRE DEPT-EMT REFRESHER COURSE
12130/93
2242
165.00
100-42200-201
165,00
LAKE ELMO FIRE DEPARTMENT
FIRE PREVENTION BILLBOARD
12/38/93
2243
140.00
108-4220D-430
140.00
APOLLO HEATING & VENT. CORP
STATION f 2 FURNACE REPAIR
12/30193
2244
320.00
109-42200-401
320.60
ROSEVILLE RADIO
FIRE DEPT RADIO SERVICE
12/30/93
2245
42.46
100-42200-323
42.46
JANUARY 4, 1994
COUNCIL
MEETING
List of Claims
for Approval
Page
2
for the period 12/30/93 to
12/30/93
12130193
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIN
NUMBER
AMOUNT
ALL FIRE TEST INC.
FIRE DEPT SUPPLIES
12/30f93
2246
46.00
1DO-42200-217
46.00
METRO FIRE
FIRE DEPT SUPPLIES
12/30193
2247
22.06
100-42200-217
22.06
YOCUM OIL CO
MAINT DEPT-FUEL
12130/93
2248
183.91
108-43100-212
183.91
MILSOLV ENVIRON. SERVICE
MAINT DEPT SUPPLIES
12/30/93
2249
56.45
111-43160-223
56.45
GENE%
MAINT DEPT SUPPLIES
12130/93
2250
42.17
110-43100-223
42.17
GOPHER STATE ONE -CALL
MAINT DEPT MISC.
12/38193
2251
9.00
100-43100-223
9.00
H & L MESABI, INC.
PLOW BLADES
12/30/93
2252
1,433.23
100-43100-221
1,433.23
TRUCK UTILITIES
MAINT DEPT PARTS & REPAIR
12/30/93
2253
12.67
100-43100-221
12,67
SWEENEY BROS TRACTOR
MAINT DEPT PARTS & REPAIR
12130/93
2254
60.39
100-43100-221
61.39
LAKE ELMO REPAIR
MAINT DEPT TRUCK REPAIR
12130/93
2255
114.81
180-43100-221
164.81
GENERAL TIRE
MAINT DEPT TIRES
12/39/93
2256
226.16
100-43100-221
226.16
SCBARBER & SONS, INC.
MAINT DEPT PARTS & REPAIR
12/30193
2257
15.35
100-43100-221
15.35
CLEVELAND COTTON PRODUCTS
MAINT DEPT CLOTHING ALLOW
12130/93
2258
66.28
160-43180-218
66.28
CITY OF NORTH ST PAUL
SALTJSAND
12130/93
2259
1,890.00
100-43100-229
1,890.00
MINNESOTA POLLUTION CONTROL AGENCY
MAINT DEPT VEHICLE EMISSION TESTS
12/30/93
2260
16.00
100-43100-221
16.00
MENAROS
MISC SUPPLIES
12/30/93
2261
66.19
100-43110-224
21.04
100-45200-220
35.15
ON -SITE SANITATION INC
SATELLITE IN SUNFISH PARK
12/30/93
2262
69.22
100-45200-386
69.22
OAKDALE, CITY OF
NOVEMBER WATER
12/30/93
2263
603.56
601-49400-256
603.66
FIRST TRUST CENTER
EQUIPMENT NOTE PAYMENT
12/30193
2264
91,227.50
303-47000-600
85,000.06
303-47000-610
5,227.50
( OLINGER & MARGARET OLINGER
NSA EASEMENT U(MSA)04
12130/93
2265
558.00
402-41640-310
558.01
LESTER VANSCYOC & ARLENE VANSCYOC
NSA EASEMENT U(MSA)06
12/30193
2266
180.60
402-41600-300
186.80
IYNN HALVERSON
NSA EASEMENT U(MSA)07
12130/93
2267
180.00
402-41600-300
180.06
RICHARD POSEL & SUSAN POSEL
NSA EASEMENT (U NSA 93)02
12/30/93
2268
180.01
402-41609-300
188.30
DEAN BEUTEL
MSA EASEMENT U(93MSA)14
12/30/93
2269
250.01
402-41608-300 .
258.00
DEAN BEUTEL
NSA EASEMENT U(93 MSA)15
12130193
2270
705.80
412-41600-310
705.00
LEONARD, STREET & OEINARD
OLSON LAKE LITIGATION
12/30/93
2271
3,877.50
387-41601-300
8,877.50
TOTAL FOR MONTH
198,631.89 198,631.89
TOTAL YEAR TO DATE 198,631.89 198,631.89
HOLMES & GRAVEN
CHARTERED
DEC 1 4 I993
Attorneys at Law
ROBERT A. ALSOP
RONALD H. BATTY
STEPHEN J. BUBUL
JOHN B. DEAN
MARY G. DOBBINS
STEFANIE N. GALEY
CORRINE A. HEINE
JAMES S. HOLMES
DAVID J. KENNEDY
JOHN R. LARSON
WELLINGTON H. LAW
CHARLES L. LEFEVERE
December 14, 1993
Ms. Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Sovereign v. Hunt
Dear Ms. Kueffner:
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337.9300
Faafin le (612) 337.9310
WRITER'S DIRECT DIAL
337-9215
JOHN M. LEFEVRE, JR.
ROBERT J. LLNDALL
LAURA K. MULLET
BARBARA L. PORTWOOD
JAMES M. STROMMEN
JAMES J. THOMSON, JR.
LARRY M. WERTHEIM
RONNIEL WILKINS
GARY P. WINTER
DAVID I.. GRAVEN (1929.1991)
OF COUNSEL
ROBERT C. CARLSON
ROBERT L. DAVR)SON
My client, Lee Hunt, has requested that I forward to you the attached copies of the
billing detail for unpaid invoices for legal services and disbursements in the
Sovereign case. As you will recall, these costs were incurred by Councilmember
Hunt as a consequence of the performance by him of his duties as a councilmember.
If the figures for the unpaid invoices are added, the sum is $7,854.09. However,
$166.00 of the August 21, 1992 invoice has been paid. Therefore the total amount
due and unpaid at this time is $7,688.09.
Very truly yours,
Charles L. LeFevere
CLL:ckr
cc: Lee Hunt
CLLS2722
DU230-1
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Amount
809892 07,20
60.00
81032-4 QT.60.
56.
00
81006-6 07Y
20
10.00
81215-3 07-
10
132.
00
61218-2 07L
25
30.00
f3i318-5 0m
35
42.00
01846-406).
45
54.00
k
35
424.
00
)Pissi
81251-2 07
6
Y
20
b
81179-7 07
0.
75
81185-7 07
0.75
ego 07
3.46
4.96
C _., desos« e7
4 0
7000
Newest: 03/2.
95
354.00
3 ! 424, 00
6. 16
431 16
Pago
a Q :
05/03/91
a'
113
0. Qc
50, QQ
WO. 00
woorr 224 . .-.
CLIENT. 0=..
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15/Q31311
MATTERI
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91
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Page K
CLIENT: WO Open: 05/03/11
MATTER: 1 0: 05/03/91
Unpaid Invoice
MATTER RATE
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~
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05/03/9i
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Rate
83605-8 12i,
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802.50
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70
105.00
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Warren E. Peterson
�j'TFO� T
P_L
300 Midwest Federal Building
P. Jerome Pita
Daniel Wit[ Fmm
Glenn A. Bergman
_ 1 L 1 Vt
FRAM ` BLRIM LI I \ 1 �
50 East Fifth Street
St. Paul, MN 55101-1197
John Michael Miller
- �..1 11LL llll VV
In 12) 291-8955
Gary W. Becker'
° - ° ° '
(012) 228-1753 facsimile
Timothy J. Hassett—
Michael T. Obede
Kenneth A, Amdahl
Melvin J. Silver, Of Counsel
December 10, 1993
Mary Kueffner 0
City Administrator
City of Lake Elmo �� e,, +' "i A
3800 Laverne Avenue North
Lake Elmo, MN 55042 =`" a?
RE: 1993 MSA Project
Easement U(MSA)04
Our File No.: 11145/930001
Mary:
Enclosed is a copy of the Grant of Easement which we have
received from Mr. and Mrs. Carl Olinger in the above -captioned
matter. Please place this matter on the Council Agenda for review
and authorization of a payment check. The check should be made
payable to Carl Olinger and Margaret Olinger in the amount of
$558.00. After the check has been prepared, please forward it to
me.
JPF:bap
cc: Marilyn Bannister
Very truly yours,
Jer e P illa
'?.ISO AD:\I I'IM ED 1': Fi.ORIDA ILLI4JIS. "ASHINGION DC A5D W ISCO�\' ;N
'RE hI 'R,,'F rcTI':'.A`i S1 IrAUST J: !'♦n0 "TIIt RE.:.L PROPERTY L:\IP SECTION OF THE, 11N', E-(YFAST.%TE>AR .ASSOCr4rIC
Warren E. Peterson ` PETERS Jerome P. Fil la O� .
_ 1 _ 1_�f _
Daniel Witt Fram Glenn A. Bergman F11-11
l\L /A� 1M ,-" BE RG1VIL 11\1
John Michael Miller r V
Gary W. Becker"
Timothy J. Flassett-
Michael T. Oberle
Kenneth A. Amdahl
December 8, 1993
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Acquisition of Utility Easements
Our File No.: 11145/930001
Mary:
300 Midwest Federal Building
50 East Fifth Street
St. Paul, MN 55101-1197
1612)291-8955
(612) 228-1753 facsimile
Melvin ). Silver, Of Counsel
L
"raj,
In connection with the above -captioned matter, it was
necessary for the City to acquire sixteen utility easements. The
property owners signed waivers of trespass allowing the
construction to occur and agreed to accept 30 cents per square foot
for easements which would be granted to the City of Lake Elmo: The
following is a list of easement owners and estimated easement
acquisition costs:
Anticipated Cost
David and Patricia Dufresne (01)
$180.00
Richard and Susan Posel (02)
$180.00
Mike and Cheryl Hillyar (03)
$180.00
Carl and Margaret Olinger (04)
$558.00
Daniel and Jean Olinger (05)
$558.00
Lester and Arlene VanScyoc (06)
$180.00
Lynn Halverson (07)
$180.00
E. Richert and Laverne Downs (08)
$593.40
Sylvia Ahola (09)
$300.00
Randall and Julie Geiger -Christman (10)
$144.00
Dennis and Susan Oeltjen (11)
$150.00
Brian Harvieux (12)
$150.00
Akira and Nacko Fujioka (13)
$318.00
Dean Beutel (14)
$252.00
Dean Beutel (15)
$705.00
Shafer Contracting (16)
$475.00
TOTAL:
$5103.40
Drafts of proposed easements have been sent to the property
owners and they are now starting to trickle in. As I receive the
easements, I will be sending them to you with requests for Council
approval and authorization of payment.
'A LEO AD\ I'" ED I\ PLORIDA. ILL INOIS. \IASH,'.GTON D C AND WISCONSIN
'CE:\I. PROPER' _A.\ SPEC':\I IST CEY'RIFD iB1 TIiF REAL PROPERTY LAW SECTION OFT1 ENI NNES0TA SLATE BAR ASSOCLV\ !C\
Mary Kueffner
December 8, 1993
Page 2
I am enclosing the first two easements. Please present these
matters to the City Council for its review. Upon Council approval,
please have the following checks prepared and forwarded to me.
1. Lester VanScyoc and Arlene VanScyoc in the amount of
$180.00;
2. Lynn Halverson in the amount of $180.00.
If you have any questions, please contact me.
JPF:bap
Very truly yours,
6: ome Filla
Warren E. Peterson PETEI COS Tr
Jerome P. Filla � PET 1`J 1 V
Daniel Witt BFram
ergman
FRAM'_
R n 1 ,T r-�r+7�G .r n A r
Glenn A. Bergman LH ��`1L1111\V/Il.`�" b LKJ HL 111`l\.�1.11\V/11LL�111\VI
John Michael Miller t t t
Gary W. Becker'
Timothy I. Hassett"
Michael T. Oberle
Kenneth A. Amdahl
December 15, 1993
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE:1993 MSA Project Easement (U MSA 93)02
Our File No.: 11145/930001
Mary:
300 Midwest Federal Building
50 East Fifth Street
St. Paul, MN 55101-1197
(612)291-8955
(6121 228-1753 facsimile
Melvin I. Silver, Of Counsel
cbve,� 4-a /a.�c�
Enclosed is a copy of the Grant of Easement which we have
received from Mr. and Mrs. Posel in the above -captioned matter.
Please place this matter on the Council Agenda for review and
authorization of a payment check. The check should be made payable
to Richard Posel and Susan Posel in the amount of $180. After the
check has been prepared, please forward it to me.
Very truly yours,
Je JPF:bap m Fills.
enc.
'ALSO ADTII FWD;% FLORIDA. II..UNOIS. A ASH INGTON DC r\ND WISCONSIN
"REAL PROPER"rY Ld\tl SPECIIJ.IB'r CERTIFIED T' THE REAI. PRGPERTY" Ld\C SECTION OF THEM INN ESOT%STATE BAR ASSOCIATION
Warren E. Peterson B Tr 300
P. Jerome Filla 1 PL 1' L1' L Ol V
Midwest Federal Building
c
Daniel Witt FramBergman
7"r�') ]� T ,j p"„�,��7"��7� �{ 7H� 7��`17
Glenn iA.s Bergman r lAjvl+*1 1G M ll V
50 East Fifth Street
St. Paul, MN 55101-1197
lobo Michael Miller
r t
(612) 291-8955
Gary W. Becker" r t -
(612) 228-1753 facsimile
Timothy J, Hassett*
Michael T. Oberle
Kenneth A. Amdahl
Melvin I. Silver, Of Counsel
r( J
Ca`4 icd`1 To
°f�Yt
December 17, 1993
(L�tiZ
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: 1993 MSA Project
U(93 MSA)14
U(93 MSA)15
Our File No.: 11145/930001
Mary:
Enclosed are copies of the Grants of Easement which
we have
received from Mr. Beutel in the above -captioned matter.
Please
place these matters on the Council agenda for review
and
authorization of payment checks. The checks should be made
payable
to Dean Beutel in the amounts of $250 for U(93 MSA)14 and
$705 for
U(93 MSA)15. After the checks have been prepared, please
forward
them to me.
Very truly yours,
Jle me i Filla
JPF:bap /
encs.
'A 1-50 ADMITTED N FLORIDA. ILLINOIS. WASI IINGT'OiN D C. AND WISCONSI.N.
"REAL PROPERTY LAW SPECIALIST. CERTIFIED BY THE REAL PROPERTY LAW SECTION OF THE %IINN ESOTA STATE BAR ASSOC; 4TI ON.
5 k
JANUARY 3, 1994
CITY OF LAKE ELMO
CITY OFFICES
3800 LAVERNE AVENUE NORTH
LAKE ELMO, MN 55042
DEAR JOHN WYN, MARY KUEFFNER AND CITY COUNCIL MEMBERS,
`JAN 4 1994
THIS LETTER IS TO CONFIRM MY PHONE CONVERSATION WITH MARY
KUEFFNER REGARDING WITHDRAWING OUR BUILDING APPLICATION. WE WOULD
LIKE TO EXPRESS OUR APPRECIATION FOR THE TIME SPENT ON OUR NEW
BUILDING PROPOSAL AND THANK YOU FOR YOUR EFFORTS. WE HAVE ANOTHER
PROJECT PENDING AT THIS TIME.
WE WOULD ALSO LIKE YOU TO KNOW THAT WE SUPPORT YOUR PROPOSAL
FOR THE NEW CITY CENTER AND IF WE CAN BE OF ANY ASSISTANCE, PLEASE
CONTACT US.
SINCERELY
LUC AND MARY JEAN DUPUIS
LPD ELECTRIC, INC.
WHOLESALE APPLIANCE CENTERS
GENERAL 10 ELECTRIC and HOTPOINT and OTHER MAJOR BRANDS AUTHORIZED BUILDER DISTRIBUTORS
LPD Electric, Inc., Wholesale Appliance Centers, 3825 Lake Elmo Ave. N., Lake Elmo, MN 55042-0186 (612) 777-8915
LPD Electric, Inc., Wholesale Appliance Centers, 9401 James Ave. S., Suite 125B, Bloomington, MN 55431 (612) 881-3775
Equal Opportunity Employer/Contractor
LAKE ELMO CITY COUNCIL MINUTES JANUARY 5, 1993 3 2 %�
E. Appointment of City Engineer
Larry Bohrer, TKDA, has requested reappointment as the City
Engineer with no increase for services proposed for 1993.
M/S/ Mottaz/Johnson - to direct the staff to advertise for
bids from other firms for a City Engineer, City Planner and
City Attorney
M/S/P Johnson/Johnston - to amend the motion to include that
the city will solicit bids for City Engineer, City Planner,
and City Attorney for 1994. (Motion carried 4-1: Mottaz).
M/S/P Mottaz/Johnson - to inform the staff that the City
will solicit bids for City Engineer, City Planner, and City
Attorney for 1994. (Motion carried 4-1: Mottaz).
M/S/P Johnson/Johnston - to appoint Larry Bohrer, TKDA, as
the City's Consulting Engineer for 1993. (Motion carried 4-
1: Mottaz).
F. Appointment of City Attorney
Jerry Filla, Peterson, Fram, Bergman, requested
reappointment as the City Attorney for civil matters and
rates will remain at $90 per hour for attorney fees and $50
per hour for paralegal fees.
M/S/P Conlin/Johnston - to appoint Jerry Filla, Peterson,
Fram, Bergman, as the City's civil attorney for 1993.
(Motion carried 4-1: Mottaz).
The former city council directed the City Administrator to
prepare a Request for Proposals for prosecuting services.
The RFP will be completed and advertised some time after the
first of the year.
M/S/ Johnston/Johnson - to appoint Jerry Filla, Peterson,
Fram, Bergman, as an interim prosecuting attorney until such
time as bids have been received for the prosecuting attorney
position.
M/S/P Conlin/Johnson - to amend the motion to include
appointing Jerry Filla to continue serving as prosecuting
attorney for 1993. (Motion carried 4-1: Mottaz).
M/S/P Johnson/Johnson - to appoint Jerry Filla, Peterson,
Fram, Bergman, as the City's Prosecuting attorney for 1993
acknowledging that this service will be put out for bids for
1994. (Motion carried 4-1: Mottaz)
eeplc-o e.C. �Iq(q�
January 3, 1994
Mary Rueffner
City Administrator
Lake Elmo City Offices
Dear Mary and City Council:
Please receive this letter as my official resignation from the Lake
Elmo Park's Commission. Due to both personal and professional
commitments, I find that it would be difficult to continue to carry
on my duties as a Park's Commissioner.
The City of Lake Elmo is truly blessed as a great place to live and
enjoy. The beauty of the many open space areas and the availability
for families to grow and utilize a wide variety of recreational
opportunities is a definite community asset !! I am particularly
pleased to have been involved in the Cityfs Park Plan. Such a
document and policy framework should consistently be re -visited and
reviewed. As a final note, my hat is also off to our Parks
Supervisor. Mike is both skilled and personable in his job.
Attributes that I truly appreciate
Thank you for the opportunity to serve the Community. I wish all of
you the best.
Sincerely,
;
Ra dy Thoreson
cc: Lake Elmo City Council
n STATE
TAATE OF
trDEPARTMENT
OF NATURAL RESOURCES
PRONE NO. Division of Forestry, 1200 Warner Road, St. Paul, Minnesota 55�(
L O.
December 17, 1993
TO: Mayors, Program Managers, City Foresters, Tree Inspectors, Non -Profit
Organizations, Community Groups, and Other Interested Parties
The Department of Natural Resources -Division of Forestry in cooperation with
the USDA Forest Service, the US Small Business Administration (SBA) and the
Minnesota Shade Tree Advisory Committee announces two grant programs for
urban and community forestry projects. Funds will be available to local units of
government (municipalities, townships, counties, school districts, SWCDs, etc.) and
non-profit organizations on a competitive basis for tree planting and other
community forestry projects.
The first program, entitled the "Urban and Community Forestry Challenge
Grants Program", will provide funds for local projects including program
(' development (government and non-profit organization), information and education
projects, and tree planting projects (using local government crews and/or
volunteers). A total of $150,000 is available statewide with applications due by
March 4, 1994.
The second program, entitled the SBA "Natural Resources Development
Program", is a tree planting initiative for the purposes of contracting with small
businesses to plant trees on public land. A total of $152,000 will be available
statewide with applications due by March 11, 1994.
A detailed description of each program including eligible projects, specific
program participation criteria, and application materials can be obtained by
contacting the appropriate Division of Forestry Region contact person (see
enclosed map and listing).
If you have any questions, or need additional information, please contact
your Regional Forestry Office, or call me at 612-772-7563. Thank you.
Sincerely,
onathan E. Stiegler
Urban Forestry Coordinator
AN EQUAL OPPORTUNITY EMPLOYER
DEPARTMENT OF NATURAL RESOURCES
REGIONAL FORESTRY OFFICES
REGION CONTACT PERSON/ADDRESS/PHONE
1 (Northwest) Jeff Edmonds
Minnesota DNR-Division of Forestry
615 Anne Street NW
Bemidji, Minnesota 56601
(218)-755-2891
2 (Northeast) Carl Prosek
Minnesota DNR-Division of Forestry
1201 East Highway 2
Grand Rapids, Minnesota 55744
(218)-327-4108
3 (Central) Paul Peterson
Minnesota DNR-Division of Forestry
1601 Minnesota Drive
Brainerd, Minnesota 56401
(218)-828-2616
4 (Southwest) Jerry Jensen
Minnesota DNR-Division of Forestry
P.O. Box 6247
Rochester, Minnesota 55903
(507)-285-7428
5 (Southeast) Jerry Jensen
Minnesota DNR-Division of Forestry
P.O. Box 6247
Rochester, Minnesota 55903
(507)-285-7428
6 (Metropolitan) Jonathan Stiegler/Ken Holman
Minnesota DNR-Division of Forestry
1200 Warner Road
St. Paul, Minnesota 55106
(612)-772-7563/772-7565
Since the City Council does not have time to discuss every point presented, it may
appear that decisions are preconceived. However, staff provides background
information to the City Council on each agenda item in advance; and decisions are
based on this information and experiences. In addition, some items may have been
discussed at previous council meetings.
If you are aware of information that has not been discussed, please fill out a 'Request
to Appear Before the City Council' form; or, if you came late, raise your hand to be
recognized. Comments that are pertinent are appreciated. Items may be continued to
a future meeting if additional time is needed before a decision can be made.
AGENDA
LAKE ELMO CITY COUNCIL MEETING
JANUARY 4, 1994
6:00 p.m. Workshop to discuss MUSA and negotiations with
Oakdale
7:00 p.m. Regular Meeting Convenes
Pledge of Allegiance
1. Agenda
2. Minutes: December y,' 1993
3. Claims
4. Public Inquiries and Public Informational
A. Comments, questions, and inquiries
B. Request to ban Snowmobiling in City
C. Petition to correct the spelling of Jamaca
5. Old Business
A. L.P.D. Electric
B. Olson Lake Estates
6. Staff Reports
A. Update on Maintenance Department Activities: Dan Olinger
B. Conditional Use Permit Reviews: Jim McNamara
C. Construction -Related Erosion Standards
7. Planning, Land Use & Zoning
A. Recommendation from Planning Commission relating to
Highway Business (HB) regulations
B. St. Croix Valley Planning Advisory Commission
C. Other
OVER
8. City Engineer's Report
9. City Attorney's Report
10. Annual Organizational Meeting
A. Election of Acting Mayor
B. Designation of Legal Newspaper
C. Designation of Official Depositories
D. Appointment of City Consultants and Commissioners
(1) City Engineer
(2) City Attorney
(3) City Planner
(4) Planning Commission
(5) Parks Commission
(6) Cable Commission
(7) Community Education (ISD 834 and ISD 622)
(8) Financial Consultant
11. City Council Reports
A. Mayor John
B. Council member Conlin
C. Council member Johnson
D. Council member Johnston
E. Council member Mottaz
10. City Administrator's Report
11. Adjourn
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 1993
2. Either a visual or electric alarm should be placed on the 2nd holding tank to notify the owners when
there is 200 gallons of capacity remaining in the tank.
The owner construct a small drainfleld bed between the two tanks. The bed would not meet minimum
size requirements however the small amount of effluent produced by the mill would normally be absorbed
by the soil. Any effluent not absorbed by the bed would overflow Into the holding tank.
Also a soil boring and percolation test should be run.
M/S/C Mottaz/Johnston - to approve Installation of two septic holding tanks at Lake Elmo Feed Mill
subject to conditions stated in the City Engineer's memo dated December 2, 1993, that the City Engineer
write restrictions on future use of the building as it relates to septic system, and no parking be allowed on
septic systems. (Motion carried 5-0).
Introduction of Steve Schwanke RLK Associates Ltd:
Mr. Schwanke gave a brief resume and proposal for position of city planner.
M/S/C Mottaz/John - to accept the proposal from Steven Schwanke dated November 30, 1993 as Lake
Elmo's principal consulting planner effectively immediately and to notify MFK that the city no longer needs
their service. (Motion carried 5-0).
7. CITY ENGINEER'S REPORT:
A. Partial Payment #4, Tower Asphalt MSA
M/S/C Mottaz/John - to approve partial payment #4 in the amount of $132,511.01 to Tower Asphalt for
work completed to date on the 1993 MSA Improvement. (Motion carried 5-0).
B. Extension on Contract Time:1993 MSA Improvement
M/S/C Johnson/Johnston - to approve Change Order No. 1 granting the extension of time for completion
of the 1993 MSA Project to June 15, 1994. (Motion carried 5-0).
C. Partial Payment #3, 1993 Patch & Overlay Project
M/S/C Johnson/John - to approve partial payment #3 in the amount of $8,050.87 to Bituminous
Consultants for the 1993 Patch and Overlay Project. (Motion carried 5-0).
8. CITY ATTORNEY'S REPORT:
Attorney Filla reported that the appellate court affirmed the trial court in deciding that Jamie Olson is
precluded from bringing any claims for damages for inverse condemnation against the city in connection
with the sign.
9. CITY COUNCIL REPORTS:
Mayor John received an updated plan based on discussions with MnDOT and the Trunk Highway 36
committee on potential improvements. City Engineer Bohrer raised the question if the access to Highway
36 were closed off at Keats Avenue will that change the MSA status of Keats Avenue.
Council member Conlin reported the cable commission cut the primary funding for SCC. If SCC would
agree to go into negotiations to eliminate it over a period of time, the cable commission would fund them
on a quarterly basis at the full rate they were requesting. Conlin suggested she work with Mike Bouthilet
and Karen Wandmacher to put together a proposal that would fit Lake Elmo needs. Lake Elmo's
contribution by subscribers is approx. $17,000 per year.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 1993
M/S/C Johnson/John - to direct the staff to review the cable commission's actions with regard to votes
taken and improprieties that have occurred in the past. (Motion carried 5-0).
Councilman Mottaz raised a potential problem with enforcement of code 301.090C relating to site
distances of corner lots and asked the staff to look at this and come back with recommendations to
change the code. If safety isn't a factor, he didn't want to loose trees.
10. CITY ADMINISTRATOR'S REPORT:
A. Contract with Washington Country Sheriff's Dept.
Councilman Mottaz advised that for three years now, he has asked for notification as to when the officers
are patrolling in the city. Captain Johnson maintains that this is not a wise thing to do because it tips their
hat. Mottaz feels the city has an obligation to let the residents know so they can be more aware and
cautious when the city falls back on two patrol squads for the entire county. When the city is willing to
spend $110,000 of the Lake Elmo taxpayers money, more questions should be answered as to what the
county is providing to Lake Elmo,
Administrator Kueff nor responded that the purpose for holding duty hours confidential is to prevent
potential offenders from knowing when the officers are off duty.
M/S/C John/Conlin - to approve Resolution No. 93-79, A Resolution approving the 1994 contract for law
enforcement service with Washington County with a cost for service in 1994 at $111,203.05. (Motion
carried 5-0).
B. 1994 Liquor & Beer Licenses
M/S/C Mottaz/John - to grant a special On -Sale Intoxicating license and On -Sale Sunday intoxicating
liquor license (4 events per year) to the Veterans of Foreign Wars Post 5725. (Motion carried 5-0).
M/S/C Mottaz/John - to grant an On -Sale and On -Sale Sunday Intoxicating liquor license to 3M Club of
St. Paul (operators of Tartan park). (Motion carried 5-0).
M/S/C Mottaz/John - to grant an On -Sale Intoxicating Liquor, Off -Sale intoxicating liquor, and On -Sale
Sunday Intoxicating Liquor Licenses to the Twin Point Tavern and lake Elmo Inn. (Motion carried 5-0).
M/S/C Mottaz/John - to grant an Off -Sale Non -intoxicating malt Liquor License to the Brooks Superette.
(Motion carried 5-0).
M/S/C Mottaz/John - to grant an On -Sale non -intoxicating malt liquor license to Cimarron Park (NHD).
(Motion carried 5-0).
C. Liquor License for Guardian Angels Church
M/S/C Johnston/Johnson - to approve Resolution No. 93-80 approving an application from Guardian
Angels Church for the Issuance of a Temporary On -Sale Intoxicating Liquor License for December 10 &
31, 1993. (Motion carried 5-0).
D. Charitable Gambling License for VFW
M/S/C Johnson/John - to approve Resolution No. 93-81, A Resolution Approving the Premise Permit
Application for a Charitable Gambling License by the Lake Elmo Post #5725 Veterans of Foreign Wars of
the United States. (Motion carried 5-0).
E. Cancellation of 12-21-93 Council Meeting
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 7, 1993
M/S/C Mottaz/Johnston - to cancel the December 21, 1993 council meeting and schedule a recodificaiton
meeting for January 11, 1994 at 6 p.m. (Motion carried 5-0)
F. Resolution Opposing Unfunded Mandates
M/S/C John/Mottaz - to adopt Resolution No. 93-82 opposing Unfunded mandates. (Motion carried 5-0).
M/S/C Conlin/Mottaz -to adjourn the meeting at 11:15 p.m. (Motion carried 5-0).
Resolution No. 93-75, Supporting the position of local governments for Superfund Reform
Resolution No. 93-76, Approving the 1993 tax levy, collectible in 1994, and the supporting 1994 budget
as presented
Resolution No. 93-77, Stating City's intent to apply National Urban Runoff Program standards and the
PCA's Urban Best Management Practices
Resolution No. 93-78, Vacating an Easement to Correct Ambiguity In Document No. 353318:Blackford
Resolution No. 93-79, Approving the 1994 contract for law enforcement with Washington County
Resolution No. 93-80, Approving Guardian Angels Church Temporary On -Sale Intoxicating Liquor
License
Resolution No. 93-81, Approving Premise Permit for Charitable Gambling License
Resolution No. 93-82, Opposing Unfunded Mandates