HomeMy WebLinkAbout01-03-95 CCMMINUTES APPROVED 1-31-95
LAKE ELMO CITY COUNCIL MINUTES
1
JANUARY 3, 1995
Mayor John called the meeting to order at 7:05 p.m. in the council chambers.
PRESENT: Conlin, John, Johnston, Johnson, Attorney Filla, City Engineer Bohrer and
Administrator Kueffner. ABSENT: Council member Mottaz.
1. AGENDA
M/S/P Johnson/Johnston - to approve the January 3, 1995 city council agenda as
presented. (Motion passed 4-0).
2. MINUTES: December 20, 1994
M/S/P Conlin/Johnston - to approve the December 20, 1994 city council minutes as
amended. (Motion passed 3-0-1:Abstain:Johnson).
M/S/P Johnson/John - to adjourn the meeting at 7:11 p.m. (Motion passed 4-0).
OATH OF OFFICE ADMINISTERED: Mayor -elect Wyn John and Council members -
elect Lee Hunt and Steve De Lapp were given the Oath of Office by City
Administrator Kueffner
Mayor John opened up the meeting at 7:15 p.m. in the council chambers. PRESENT:
Hunt, Conlin, John, Johnston, DeLapp, City Engineer Bohrer, City Attorney Filla and
Administrator Kueffner.
1. AGENDA
ADD: 5B. Quotation from Oakdale Clarion, 10E. City Planner's Job Description, 11. Fire
Dept: By -Laws.
M/S/P Conlin/Hunt - to approve the January 3, 1995 city council agenda as amended.
(Motion passed 5-0).
2. MINUTES: None
3. CLAIMS
M/S/P Johnston/John - to approve the January 3, 1995 claims #3364 through #3389 as
presented. (Motion passed 5-0)
LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 1995
4. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries -None
B. TMT Recycling
Mike Maroney of TMT Recycling announced a rate reduction of $10/ton ($80 instead of
$90) for recyclables picked up in the city. TMT Recycling will keep the reduction as
long as the markets remain high and hopes that to be for at least six months.
C. Proclamation for Jaycee Week
MAYOR JOHN PROCLAIMED THE WEEK OF JANUARY 15 TO 21, 1995, AS JAYCEE
WEEK AND URGE ALL CITIZENS OF OUR COMMUNITY TO GIVE FULL REGARD
TO THE PAST AND CONTINUING SERVICE OF THE JAYCEES OF LAKE ELMO
5. ANNUAL ORGANIZATIONAL MEETING:
A. Appointment of Acting Mayor
Each year the City Council elects a council member as Acting Mayor. The Acting
Mayor presides over meetings in the Mayor's absence, or represents the city at other
official functions.
M/S/P John/Delapp - to appoint Karen Johnston as Acting Mayor of the Cityof Lake
Elmo. (Motion carried 5-0).
B. Designation of Legal Newspaper
M/S/P Johnston/Conlin - to appoint the Stillwater Gazette as the City's legal newspaper
for 1995 based on the fact that it is a daily publication and allows the City to provide a
quicker response to applications. (Motion passed 5-0).
C. Designation of Official Depositories
The City used the following depositories in 1994 for placement of city funds in a
checking account, in certificates of deposit for short-term investments, and in bonds for
long-term investments. The Finance Director believes these depositories have
provided good service to the City in 1994.
M/S/P John/Conlin - to designate the Lake Elmo Bank, Royal Alliance Association Inc.
(Franklin Fund), Paine Webber, Prudential Securities, Merill Lynch, Minnesota
Municipal Money Market Fund (4M Fund), Kidder -Peabody and Smith Barney as the
city's official depositories for 1995. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 1995 3
D. Resolution No. 95-1 authorizing payment of funds from Lake Elmo Bank
The city must notify the local depositories when there has been a change in the name
of those authorized to sign checks on behalf of the City.
M/S/P Conlin/Johnston - to adopt Resolution No. 95-1, A Resolution Designating
Official City Depository and Authorizing Signatures for Payment of Funds from the Lake
Elmo Bank. (Motion passed 5-0).
E. Appointment of City Engineer
Larry Bohrer noted in his memo that his fee for attending meetings has not changed
since 1979, and he proposes no change to his rates for 1995. The Administrator
pointed out an inequity in what we pay for Larry's attendance at our meetings and that
which we pay our other consultants.
In order to help keep future costs from increasing, Larry Bohrer suggested that after the
City Engineering report if there are no engineering matters, he could be excused.
M/S/ John/De Lapp - to appoint Larry Bohrer of TKDA as the City's Consulting Engineer
for 1995 with an increase of $70/1-1r. with a cap of $120/1-1r. per meeting.
M/S/P Hunt/Conlin - to amend the motion to include the increase per meeting as a lump
sum of $75 per meeting and include the terms of his presence from the beginning of the
council meeting through the City Engineer's Report and if there are no engineering
matters after his report, he will be excused. (Motion passed 4-1:John).
M/S/P John/DeLapp - to appoint Larry Bohrer of TKDA as the City Consulting Engineer
for 1995 with an increase per meeting attendance fee to $75 and include the terms of
his presence from the beginning of the council meeting (Public Inquiries and Planning
and Zoning) through the city engineer's report, if there are no engineering matters after
his report, then he will be excused. (Motion passed 5-0).
F. Appointment of City Attorney
Jerry Filla, Peterson, Fram & Bergman, wishes to continue representing the city in
1995. The regular hourly rate for services other than civil litigation or prosecution has
been increased from $90 to $95 per hour.
M/S/P Conlin/Johnston - to appoint Jerry Filla of Peterson, Fram & Bergman as the
Lake Elmo City Attorney for civil and criminal matters for 1995. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 1995
�. G. Appointment of City Planner
Although we are in the process of hiring a staff planner, the council officially appointed
RLK as the City's Consulting Planner on a month -to -month basis.
M/S/P Hunt/Conlin - to appoint RLK as the Consulting Planner for the City of Lake
Elmo, on a month -to -month basis. (Motion passed 5-0).
H. Appointment of City Financial Consultant
M/S/P John/Johnston - to appoint Kathy Aho/Springsted Company as the City's
Financial Consultant for 1995. (Motion passed 5-0).
I. Approval of Contract with Washington County for Law Enforcement Services
M/S/P John/Johnston - to approve the Law Enforcement Contract with Washington
County for 1995 at a cost estimated at $104,865.25 and authorize the Mayor and City
Administrator to sign said contract. (Motion passed 5-0).
M/S/P Johnston/John - to authorize the City Administrator and/or City Attorney to
negotiate payment terms (See Item II. 3.-Page 2) because the city pays the bill on a
semi-annual basis for the amount due. (Motion passed 5-0).
(1) "COPS FAST" Grant Application
M/S/P Del-app/Conlin - to approve the submittal of a COPS FAST grant application for
two additional deputies, with the understanding that final approval will be made by the
City Council when more details are available. (Motion passed 5-0).
J. Appointments to Planning Commission
M/S/P Johnston/Hunt - to appoint Jim McLeod to a three year term on the Planning
Commission. (Motion passed 5-0).
M/S/P Johnston/Hunt - to accept the resignation of Lonny Thomas from the Planning
Commission. (Motion passed 5-0).
M/S/P Johnston/Hunt - to appoint Sue Dunn as a full -voting member to serve out the
term of Lonny Thomas which will expire December 31, 1995, (Motion passed 5-0).
M/S/P Johnston/Hunt - to appoint Todd Mathisen to a three-year full -voting term on the
Planning Commission, which will expire December 31, 1997. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 1995
M/S/P Hunt/John - to contact Rob Enes and Marcus Gernes to find out if they can
improve their attendance at Commission meeting and if they wish to continue to serve
on the Planning Commission. If not, do not reappoint. (Motion passed 5-0).
M/S/P Johnston/Hunt - to send letters of appreciation to retiring members Lonny
Thomas and Bruce Weeks for their contribution to the City of Lake Elmo. (Motion
passed 5-0).
M/S/P Conlin/John - to advertise in the City Newsletter openings on the Planning
Commission. (Motion passed 5-0).
K. Appointments of Parks Commission
M/S/P John/Johnston - to reappoint Gloria Knoblauch, Steve Peterson and Ron Kuehn
to three-year terms on the Parks Commission. Further that the staff monitor
attendance of all members to assure that there remains an Interest in sitting on the
Commission. (Motion passed 5-0).
M/S/P John/DeLapp - to appoint Steve Diederichs as a full -voting member to serve out
the term of Steve DeLapp which expires December 31, 1996. (Motion passed 4-0)
M/S/P Conlin/John - to advertise in the City Newsletter the vacancies on the Parks
Commission. (Motion passed 5-0).
L. Appointments to Cable Commission
Rita Conlin and Karen Wandmacher are the city's representatives to the
Ramsey/Washington Cable Commission. Steve Foster and Dick Johnson were their
alternates, but Steve Foster has moved out of town.
M/S/P Johnston/Hunt - to appoint Rita Conlin as the Council's representative to the
Cable Commission and Karen Wandmacher as the citizen representative to the Cable
Commission. (Motion passed 5-0).
M/S/P Johnston/Conlin - to appoint Council member Lee Hunt as the council alternate
to the Cable Commission. (Motion passed 5-0).
M/S/P John/Conlin - to advertise in the city Newsletter for a citizen alternate to the
Cable Commission. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 1995
M. Appointments to Community Education Advisory Boards Districts 622, 834
and 832
M/S/P John/Johnston - to appoint Nancy Hansen as Lake Elmo's representative to
School District 834 Community Education Advisory Board. (Motion passed 4-0:Council
member Conlin was absent from vote).
M/S/P Johnston/DeLapp - to advertise in the City Newsletter the vacancy on the 832
Advisory Board. (Motion passed 4-0:Council member Conlin was absent. from vote).
M/S/P Conlin/John - to appoint Carol Monette as Lake Elmo's representative to School
District 622 Community Education Advisory Board until Fall; at such time advertise the
vacancy. (Motion passed 5-0).
N. Appointments to Maintenance Advisory Committee
M/S/P John/DeLapp - to appoint Bill Wacker, Dick Johnson, Fran Pott, Dick Gustafson
and Bud Talcott to the Maintenance Advisory Committee. (Motion passed 5-0).
M/S/P Conlin/Hunt - to advertise in the City Newsletter the two vacancies on the
Maintenance Advisory Committee. (Motion passed 5-0).
0. Appointments to Solid Waste Advisory Committee
M/S/P John/DeLapp - to appoint Carl Tacke, Dick Johnson, Margaret Carlson, Bruce
Dunn, Diane Haider to the Solid Waste Advisory Committee. (Motion passed 5-0).
M/S/P Johnston/DeLapp - to advertise in the City Newsletter if there are vacancies on
the Solid Waste Advisory Committee. (Motion passed 5-0).
P. Appointments to the Heritage Preservation Committee
M/S/P Conlin/ John - to defer appoints to the HPC until the January 17, 1995 council
meeting. (Motion passed 5-0).
Q. Appointments for Council Liaison to City Commissions and Committees
M/S/P Hunt/John - to appoint the following as council liaison:
Planning Commission - Karen Johnston
Parks Commission - Steve DeLapp
Maintenance Advisory Committee - Lee Hunt
Solid Waste Advisory Committee - Rita Conlin
Fire Department - Wyn John
and appoint council liaison to the HPC at the January 17, 1995 council meeting.
(Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 1995
6. ANNUAL REVIEW OF CONDITIONAL USE PERMITS:
Jim McNamara provided a review on the (15) Conditional Use Permits which are
operating within their limitations. The permits for Hammes Mining and the Armstrong
Farm appear to be the only two CUP's that continue to be a concern.
Springborn Green Acres: Councilman Hunt indicated since the addition has been built,
there is 24 hour lighting on that site. McNamara will check into this.
Armstrong Farm: The vehicle count is down to 74 vehicles; therefore Armstrongs are in
compliance with their CUP.
Shafer Contracting Co. Inc.: Councilman DeLapp stated there are a large number of
people driving noisy ATV and snowmobiles up and down the sand banks. Does the
owners have any obligation to keep out trespassers. McNamara responded the city
has not received any noise complaints and asked the people to come to a meeting and
voice their concerns.
Trans City Investment: Councilman DeLapp pointed out there has been advertising
signs advertising available storage directed toward the traveling public. Is this
acceptable?
Jamie Olson Advertising Sign: Councilman DeLapp stated the frame or border is not to
extend 2' beyond any direction from the 200 sq.ft. maximum. The bottom frame still
goes out 48' and is only allowed two-thirds of that according to the sign ordinance.
M/S/P Hunt/DeLapp - to direct the Code Enforcement Officer to review the Jamie Olson
advertising sign for its compliance with the size of the frame and he (McNamara) confer
with the staff to determine if the city is being put in any potential risk and report back to
the council. (Motion passed 5-0).
Rockin'L Trailer Sales: Attorney Filla explained the last time we spoke to Len Hansen
there was a suggestion he was using the property for rental purposes. If that use
continues, it is not a use allowed. The city wouldn't want Mr. Hansen to get the
impression by reviewing and approving the CUP portion of the property that the city is
approving the rental.
7. PLANNING/LAND USE & ZONING:
A. SW-1 Update on Discussions with Washington County
We have been negotiating with Washington County to get back the $75,000 that we
paid for West Sunfish Park, after the landfill closed. The law has changed that gives
the authority to monitor the cleanup of the landfill to the MPCA rather than Ramsey and
Washington Counties. The Counties have met their obligation for cleanup and can
recover their costs from the State,
LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 1995
In previous negotiations, Administrator Kueffner explained, we discussed leasing or
purchasing the property on which the maintenance buildings are located as well as the
compost site and the fire station. With the change in the State law, where cleanup is
going to be paid for through ad valorem taxes rather than the Counties, we should try
to recover all of our expenses and ask that the MPCA, or Washington and Ramsey
Counties buy us out and relocate our maintenance building, fire station, and compost
and brush site.
Attorney Filla indicated it would be nice to find something in writing which documents
the discussions of parties at the time this deal was put together. The amount of
knowledge that the city had as to the condition of this property before construction of
maintenance building is information he doesn't have.
M/S/P John/Johnston - to authorize the City Attorney and City Administrator to
investigate background to see if there is any correspondence to support obligation on
the part of the Counties and indicate to the county that we expect to get full
reimbursement of replacement costs for the total site. (Motion passed 5-0).
B. Proposal to City of Oakdale (Continuation)
M/S/P Conlin/Hunt - to direct the Mayor, City Engineer, and City Administrator to attend
the meeting with Oakdale and the Metropolitan Council regarding the proposal as
presented and to negotiate in good faith the conditions set forth in said proposal so that
recommendations can be made to each council. (Motion passed 5-0).
8. CITY ENGINEER'S REPORT:
A. Partial Payment to Tower Asphalt for MSA Project
In a letter dated December 30,1994, Tom Prew explained that this pay request covers
all work completed in 1994, and reduced the retainage to $1,000. The work remaining
on this project includes re-seeding/re-grading of area which did not grow, repair of Otto
Mayer's driveway and digging a wetland mitigation pond on County property. Change
Order No. 3 is prepared for the plastic fence installed above the retaining wall at 9057
Lake Jane Trail and the wood fence materials delivered to John Conrad's home.
M/S/P John/DeLapp - to approve Change Order No. 3 in the amount of $3,877.50 for
the two fences described above. (Motion passed 5-0).
M/S/P John/DeLapp - to approve Partial Payment Estimate and Certificate No. 7 in the
amount of $53,343.98 to Tower Asphalt for work performed on the 1993 MSA Project.
(Motion passed 5-0).
9. CITY ATTORNEY'S REPORT: None
LAKE ELMO CITY COUNCIL MINUTES JANUARY 3, 1995
10. CITY COUNCIL REPORTS:
Mayor Wyn John asked that the City Administrator invite the representatives from
School District #622 to present their plans for a new elementary and middle school.
Council member. Johnston submitted a draft job description for the City Planner.
M/S/P John/Conlin - to authorize the city administrator to advertise for the position of
City Planner when the time is right, but in the meantime the Planning Commission will
review the draft at its next meeting and the council will review the position draft and
provide comments. The City Administrator will provide a draft of an Ad for a City
Planner with a salary range based on the Stanton survey, information from the League
of MN Cities and the budget. (Motion passed 5-0).
11. CITY ADMINISTRATOR'S REPORT:
A. Fire Dept. By-laws
M/S/P DeLapp/John - to approve the Lake Elmo Volunteer Fire Department and
Rescue Squad By -Laws as submitted. (Motion passed 5-0).
M/S/P Hunt/Johnston - to approve the Lake Elmo Volunteer Fireman's Relief
Association By -Laws as submitted. (Motion passed 5-0).
B. Armstrong Threatened Litigation
Attorney Filla explained, at the last council meeting, the item that was before the
council was to respond to the Armstrong's petition for annexation of certain property.
The City has not taken any final action on the petition for annexation. Filla added, at
this point, he could only speculate as to what Mr. Armstrong meant with his comments
threatening litigation. Therefore, because it would only be speculative, there was no
need for an Executive Session. The Council concurred and asked that the petition
submitted by the Armstrongs be put on the January 17th meeting.
M/S/P Conlin/ John - to cancel the executive session and table the petition for
annexation until the January 17, 1995 council meeting . (Motion passed 5-0).
M/S/P John/Conlin - to adjourn the council meeting at 11:00 p.m. (Motion passed 5-0)
Respectfully submitted by Sharon Lumby, Deputy Clerk
RESOLUTION NO. 95-1: Designating Official City Depository and Authorizing Signatures for Payment of
Funds from the Lake Elmo Bank
January 3, 1995 Lake Elmo Council 11eeting
List of Claims for Approval
For the period 01/03195 to 01103/95
01/03195
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
LEAGUE OF MINNESOTA CITIES
NEWLY ELECTED OFFICIALS CONFERENCE
01/13/95
3364
125,60
100-41300-207
125.00
LEAGUE OF ON CITIES
JANUARY INSURANCE PREMI.UM
01103195
3365
3,422.90
100-41500-130
2,113.11
180-42400-130
418.11
160-43100-130
991.68
ALLIED GROUP INSURANCE TRUST
JANUARY INSURANCE PREMIUM
01/03195
3366
62.82
100-41590-130
34.17
100-42400-130
15.10
100-43100-130
13.55
MINK, BENEFIT ASSN.
JANUARY INSURANCE PREMIUM
01/83195
3367
612.92
100-41500-130
72.12
100-43100-130
540.80
FOUR SEASONS SERVICES
OFFICE EXPENSE
01/03195
3368
45.14
100-41500-400
45.14
BINDER PRINTING CO.
OFFICE SUPPLIES
01103195
3369
142.71
160-41509-208
142.71
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES
01/03195
3370
185.69
100-41500-206
185.69
D.C. HEY CO.
COPY MACHINE MAINT & TONER
$1/03195
3371
176,61
100-41500-200
176.51
A T & T
OFFICE TELEPHONE
01/03195
3372
65.16
100-41500-320
65.16
U. S. WEST
DECEMBER TELEPHONE
01103195
3373
411,92
100-41500-320
230.92
100-42200-320
73.36
100-43100-320
55.60
100-45200-320
52.04
LEAGUE OF MN CITIES INSURANCE TR.
1995 WORKERS COMP PREMIUM (ANNUAL)
01103/95
3374
9,155.00
100-41500-150
641,00
100-42200-150
2,564.00
100-42400.150
458,00
100-43100-150
4,185.00
100-45200-150
1.307.00
F.X,L., INC.
MICHAEL SMITH
MH ON -SITE SEWAGE TREATMENT CONT
WASHINGTON COUNTY TREAS.
LAKE ELMO FIRE DEPARTMENT
BERNARDY, PAUL
CELLULAR ONE
THE ROSEVILLE FIREFIGHTERS AUX.
CLAREY'S SAFETY EQUIPMENT
ROSEVILLE RADIO
DAY -TIMERS, INC.
SUPERIOR PROPERTY MAINTENANCE
CARLSON EQUIPMENT CO.
SCHWANTES HEATING & AIR COMO
MINN. DEPT. OF HEALTH
TOTAL FOR NORTH
ASSESSOR MONTHLY PAYMENT
01103/95
3375
1,300.00
100-41550-300
1,300.00
DECEMBER ANIMAL CONTROL OFFICER
01/03195
3376
750.00
100-42700-110
750.00
JIM MCNANARA 1995 DUES
01103195
3377
25.00
190-42400-207
25.00
POLICE CONTRACT (6 MOS,6194-12194)
01/03/95
3378
55,601.52
100-42100-300
55,601.52
REIMB. FOR BLDG SUPPLIES
01/03196
3379
188.44
190-42200-101
188.44
BADGES (UNIFORM) FIRE DEPT
01103/95
3380
290.00
100-42200-217
290.00
FIRE DEPT CELLULAR PHONE
01/03195
3331
11.06
100-42200-320
11.06
FIRE DEPT SEMINAR
01103195
3382
25.00
100-42200-207
25,00
FIRE DEPT SUPPLIES
01103/95
3383
61.00
100-42200-217
61.00
FIRE DEPT RADIO SERVICE
01/03195
3384
188.04
100-42200-323
108.04
MAINT DEPT SUPPLIES
01103195
3385
22.45
100-43100-223
22.45
MAINT DEPT SUPPLIES
01103195
3386
561.26
100-43100-223
561.26
NAINT DEPT SUPPLIES
01/03195
3387
23.75
100-43100-221
23.75
MAINT DEPT FURNACE REPAIR
01/03195
3388
76.00
100-43100-223
76.00
WATER FUND-QTLY CONNECTION FEE
01163/95
3389
321.00
601-49400-216
321.00
73,770.29 73,770.29
TOTAL YEAR TO DATE 73,770,29 73,770,29
TOL
DUV
SON
TKDA DA AND A KING, TES. IN , AN ORATE
AND ASSOCIATES, INCORPORATED
ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPERJAFFRAV PLAZA
444 CEDAR STREET
SAINT PAUL, MINNESOTA 55101-2140
PHONE:01220224400 FA%:01=92-00W
December 22, 1994 CITY LAKE
KCL.O
ANC-E-
ERMEU
Honorable Mayor and City Council DEC - $ 1994
Lake Elmo, Minnesota
Re: Annual Appointment of City Engineer
Lake Elmo, Minnesota
Dear Mayor and Council:
At the first meeting each January, the City Council considers the annual
appointment of the engineering consulting for the upcoming year. Since 1979,
TKDA has provided engineering services for the City in a professional and cost-
effective manner, and at a level commensurate with the desires of the City. TKDA
would like to continue providing those services as your City Engineer in 1995.
TKDA provides services to the City on an hourly rate based upon the actual
l salaries of the engineers or technicians working on the project or task. There
is no retainer or other monthly fees. There are no contract changes proposed for
1995; however, we would like to discuss our fee for meeting attendance.
Since 1979, our lump sum meeting attendance fee has remained unchanged at $50.
Obviously, wages have increased substantially over the past 16 years. After you
have had a chance to review your other consultant contracts for the coming year,
we would like to review this matter with you.
Sincerely yours,
Larry D. Bohrer, P.E.
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Warmn E. Peterson
Ierume L' Fllia
Daniel Wlct Pram
Glenn A. &-rinnan
John Michael Miller
'fi uolhy 1. Ha55ett'
Michael T, Oberle
Kenneth A, Amdahl
Timothy P Ru„ell
Ms. Mary Kueffner
City Administrator
City of Lake Elmo
I.
TERSON-
PROFESS-IO tl.AG ASSOCIATION
December 3o, 1994
RE: Proposal for Legal Services -- 1995
Suhc+ ;0U
xU Last Fifth Street
St. Paul. MN 55101.1197
I6121 296$9S7
(6121 228.1753 rarsimile
Melvin I. Silver, Of Counecl
VIA FACSIMILE
Dear Mary:
Our
firm would like to continue representing the City
of Lake Elmo
in
1995 and would bill our services at the following
rates:
1.
Attorney -
Civil Litigation
$110.00/hour
2.
Attorney -
for services other
than civil
litigation or prosecution
$95.00/hour
3.
Attorney W
prosecution
$70.00/hour
4. Paralegal $50.00/hour
The regular hourly rate has been increased from $90.00 to $95.00
per hour. This change would go into eftect.on January 1, 1995. In
addition, we bill the City for photocopies, fax machine, long
distance telephone calls and coats advanced (filing fees and
service of process).
Please present this matter to the City Council for its
consideration. If you have any questions, please contact me.
JPF:dra
encl
truly yours,
Filla
'HIi%I :, Ml'.•11 p'. j..'I .:N CV-4ii"111, II Hi 111 i ra.,I, I%"' n' 1'V'il.(•.•::4 l 111111 NIP.','d1 yl'A`, LYI-RqRi�.:ill �.yial!PI
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 3, 1995
7:00 p.m. Meeting Convenes with Old Council
1. Agenda
2. Minutes: December 20, 1994
3. Other
4. Adjourn
Oath of Office Administered to Mayor Elect Wyn John and
Council Members Elect Steve DeLapp and Lee Hunt
Meeting Convenes with New Council
Pledge of Allegiance
1. Agenda
2. Minutes
3. Claims
4. Public Inquiries/Informational
A. Public Inquiries
B. TMT Recycling
C. Proclamation for Jaycee Week
5. Annual Organizational Meeting
A. Appointment of Acting Mayor
B. Designation of Legal Newspaper
C. Designation of Official Depositories
D. Resolution 95-1 authoring payment of funds from
Lake Elmo Bank OVER
E. Appointment of City Engineer
F. Appointment of City Attorney
G. Appointment of City Planner
H. Appointment of City Financial Consultant
I. Approval of Contract with Washington County for
Law Enforcement Services
(Fast -Cop Grant Application)
J. Appointments to Planning Commission
K. Appointments to Parks Commission
L. Appointments to Cable Commission
M. Appointments to Community Education Advisory Boards
Districts 622, 834 and 832
N. Appointments to Maintenance Advisory Committee
O. Appointments to Solid Waste Advisory Committee
P. Other
6. Annual Review of Conditional Use Permits
7. Planning, Land Use & Zoning
A. SW-1 - Update on Discussions with Washington County
B. Proposal to City of Oakdale (continuation)
S. City Engineer's Report
9. City Attorney's Report
10. City Council Reports
A. Mayor John
B.
Council Member Conlin
C.
Council Member DeLapp
D.
Council Member Hunt
E.
Council Member Johnston
11. Administration
12. Adjourn
Convene Executive Session
1. Armstrong Threatened Litigation
2. Adjourn
MINUTES APPROVED: January 3, 1995
LAKE ELMO CITY COUNCIL MINUTES
DECEMBER 20, 1994
Mayor John called the meeting to order at 7:04 p.m. in the city council chambers. PRESENT:
Mottaz, Conlin, John, Johnston, Attorney Filla, City Engineer Bohrer and Administrator
Kueffner. ABSENT: Council member Johnson.
L AGENDA
ADD: 4. Review of School Dist. #622 Site Plan for proposed school, 6 Proposal to resolve
Section 32/33 issues, 8B. Leonard, Street, & Deinard lobbying efforts, 9E. Support the
appointment of Harriet McPherson (District 16) to Met Council
M/S/P Conlin/John - to approve the December 20,1994 city council agenda as amended.
(Motion passed 4-0).
2. MINUTES: December 6, 1994
M/S/P Conlin/Mottaz - to approve the December 6, 1994 city council minutes as amended.
(Motion passed 4-0).
3. CLAIMS
M/S/P Conlin/John - to approve the December 20, 1994 claims #3317 through #3363 as
presented. (Motion passed 4-0).
4. OLD BUSINESS:
Wyn John had met with the Superintendent of School District #622 and received a copy of the
current site plan for the proposed K-8 school which will be located in Oakdale and the ballfields
are located in Lake Elmo. Representatives from #622 were prepared to give a presentation, if
needed.
5. PLANING/LAND USE & ZONING:
A. Resolution No. 94-33 Michels Minor Subdivision, 8740 Stillwater Blvd,
Howard Michels has an application pending for a Comprehensive Plan Amendment to allow his
property to develop under the RE standards. The City has approved this request contingent
upon Metropolitan Council review of the proposed amendment. Mr. Michels has the
opportunity to sell his existing home and ten acres, before the Comp. Plan amendment is
completed. The Planning Commission reviewed this request at its December 12, 1994 meeting
and recommended unanimously that it be approved. The variance for lot ratio is very minor and
the Planning Commission recommended that the variance be granted because of the topography
of the land.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 20, 1994 2
MIS/P Johnston/John - to adopt Resolution 94-33 granting a minor subdivision and lot ratio
variance to Howard Michels, 8740 Stillwater Blvd. on the property so described in said
Resolution. (Motion passed 4-0).
B. Request from Thomas G. Armstrong for approval of Petition for Annexation
The City received a letter submitted by Thomas G. Armstrong asking the city to approve a
Petition by all the property owners of the concurrent detachment and annexation of certain land
pursuant to Minnesota Statues Section 414.061, Subdivision 5. This letter is written on behalf of
the Armstrong Family (Thomas G., Thomas P. and Jodi Armstrong) and Douglas and Jean
DeCoster.
In the petition to the Municipal Board it is stated "The boundary adjustment is being requested
because of the City of Oakdale is better qualified to provide municipal services to the property.
Oakdale offers more extensive administrative services, full time police protection, and better fire
protection; available city water and sewer for those areas of the property ready for immediate
development; and Oakdale is better prepared and qualified to provide planning, sewer and water
for future development."
Tom G. Armstrong stated a lawsuit has to be filed in order to straighten this matter out. We
intend to sue for violation of our rights to equal protection under the law and for violation of our
constitutional rights including due process. Those lawsuits of necessity involve naming both the
city and individual members of the council and individual members of the staff who have
participated in giving baseless interpretations.
Attorney Filla explained there is a difference between conditional uses and permitted uses on
that site. Permitted uses are allowed without any further authorization of Council as long as they
comply with the city ordinances. The existence of the CUP and site plan which is attached,
simply means the site plan should have been amended to reflect the original buildings. Filla
added he has never indicated to the city that uses that are otherwise permitted in Ag zone could
not be constructed on the Armstrong property even though there is a CUP.
Filla stated "If the city changes its zoning regulations in order to eliminate special uses, the
existing special uses would be classified as non conforming uses and would be allowed to
continue, but could not be expanded. I specifically confined my comments to the special use
portion of the site. It has never been my opinion that any thing other than the special use would
have to remain 'as is' and could not be expanded. It is my opinion that until the city adopts
alternate use regulations that Armstrong cannot expand the storage portion of his business
beyond what is allowed in his CUP. It is not the city's opinion, nor my opinion, that you cannot
do anything on your property --that may be your (Armstrong) opinion."
M/S/P Mottaz/Contin - to table this item for discussion at an executive meeting because of
threatened and pending litigation. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 20, 1994
M/S/P Conlin/John - to direct the city administrator to send a letter to the City of Oakdale
informing them of Lake Elmo's motion and request the City of Oakdale delay action until we
had a chance to take official action.. (Motion passed 4-0).
John Bodey, adjacent neighbor, said he represents his wife and neighbors; such as Lorraine
Olson Annette Pierre and Rose Armstrong, who have indicated they would not sign any petition
that would remove their property from Lake Elmo. There is a meeting scheduled before the
Oakdale City Council on Tuesday, December 27, 1994 where Armstrong Farm will make its
presentation for annexation. Bodey hoped the city would have someone there to represent the
city. He hoped the city would continue to work with the Armstrongs to alleviate this non
conforming use.
C. Request to withdraw Genie Arabians Inc. request for rezoning and Conditional Use
Permit
In September, 1992, the City Council conditionally approved a rezoning from RR to AG and a
CUP for Genie Arabians, Inc. who has proposed a stable operation on the property located at the
Northwest corner of County Road 10 and County Road 19. At the applicant's request, neither
the rezoning nor the CUP would be recorded unless they completed the purchase of the land.
The City received a formal written withdrawal, dated November 11, 1994, of Genie Arabians
Inc.'s request for the rezoning. The ordinance 8070 rezoning the property has never been
published, nor has the Resolution (92-19) ever been recorded.
M/S/P Conlin/Mottaz - that the action taken by the City Council on September 1, 1994 relating
to Ordinance 8070 (rezoning from RR to AG) and Resolution 92-19 approving a stable operation
is null and void based on the request of Genie Arabians Inc. in a letter dated November 11,
1994. (Motion passed 4-0).
D. Request to withdraw Driscoll & Daughter's request for Conditional Use Permit for
Recording Studio
In August, 1993, the City Council adopted Ordinance 8087 amending the uses permitted by
Conditional Use Permit in the Agricultural Zoning district to include Recording Studios which
was done in response to the application of Driscoll & Daughter/Lenny Hansen. The Council
also adopted Resolution 93-65 granting the CUP to Driscoll and Daughter for a Recording
Studio. The applicants asked that the CUP be approved; contingent upon the successful
purchase of the Lenny Hansen property on I-94. The ordinance was published, but the
resolution was never recorded with Washington County.
The City received a formal request, dated October 10, 1994, from Richard Driscoll for
withdrawal of a CUP for a recording studio at 10824 Hudson Blvd,
M/S/P Conlin/John - to direct the Planning Commission to investigate if it wants to continue to
allow recording studios as a Conditional Use in Ag zoning district. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 20, 1994 4
M/S/P Conlin/John - to direct the Planning Commission to take a special look at the Len Hansen
property (10824 Hudson Blvd.) to consider the uniqueness and look at other appropriate zoning
options. (Motion passed 4-0).
M/S/P Johnston/Conlin - to comply with the request of Driscoll & Daughter and void Resolution
No. 93-65 granting a CUP for a recording studio. (Motion passed 4-0).
6.
A. Woodbury's Comprehensive Sewer Plan Amendment
Larry Bohrer provided a letter dated December 16, 1994, with his -review of the Woodbury
Comprehensive Sanitary Sewer Plan Update. A meeting was held at the office of the
Metropolitan Council Wastewater Services (MCWS) on December 9, 1994.
Bohrer reported Lake Elmo needs to determine its short term (1995-2000) and long term
(beyond 2000) sewer needs. Lake Elmo can satisfy its sewer needs by pumping to the WONE
and possibly upgrading three sections of the WONE immediately south of I-94 if all that ever
needs to be sewered is 440 acres along I-94, In this case Lake Elmo would have no need for the
Cottage Grove Interceptor. If the city sees a larger long term need, which might be Cimarron,
Oakland School, Old Village, and the city can justify something over 1000 acres, then the City
will need the Cottage Grove Interceptor and the MCWS will probably pay for it. The
opportunity to comment on the Woodbury Plan provides Lake Elmo an opportunity to inform
the Metropolitan Council of its thoughts for the future in a less formal way.
Administrator Kueffner explained we have already committed to study the area from County Rd.
13 to County Rd. 15, one mile north which is approximately 2,200 acres.
M/S/P Mottaz/John - to respond to the Metropolitan Council and pass on Lake Elmo's thoughts
for what future capacity is expected to be in general terms to aid the Met Council for reviewing
the Woodbury's Comprehensive Sewer Plan Amendment.. (Motion passed 4-0).
B. Proposal to Oakdale to resolve Section 32/33 issues:
Administrator Kueffner provided the council with a proposal to Oakdale to resolve Section
32/33 issues.
M/S/P Mottaz/John - to table the draft proposal to resolve Section 32/33 issues, submitted by
Administrator Kueffner, until the new city council is formed and discuss this at their first
meeting. (Motion passed 4-0).
B. County Road 13 (DeMontreville Trail) and 50th Street
The City received a letter from James Hansen, Transportation Engineer, Washington County, in
response to the letter the City Administrator wrote on behalf of residents in the area of 50th and
DeMontreville Trail that have expressed their concern for safety at that intersection.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 20, 1994 5
M/S/P John/Mottaz - to direct the city administrator to respond to the three residents that
expressed this concern for safety at the intersection of DeMontreville Trail and 50th Street with
the information received from Washington County and receive their input and invite them in to
express their concerns to the council. (Motion passed 4-0).
7. CITY ATTORNEY'S REPORT: None
8. CITY COUNCIL REPORTS:
Council member Conlin indicated the Leonard, Street and Deinard's bill has gotten out of hand.
M/S/P Conlin/Mottaz - to notify Leonard, Street & Deinard that the city has put a hold on their
lobbying efforts. (Motion passed 4-0).
Council member Karen Johnston indicated that Bob Helwig and she met and agreed on an
outline of a job description for a city planner and will have a draft for the next meeting.
9. CITY ADMINISTRATOR'S REPORT:
A. Agreement for Auditing/Accounting Services
The Council reviewed the standard agreement for Auditing/Accounting Services for the year
ending December 31, 1994. This contract is similar to last year's contract except for rates which
increased approximately 3.5%.
M/S/P John/Mottaz - to approve the Auditing/Accounting Services Agreement for Lake Elmo's
1994 year-end audit as proposed by Tautges, Redpath & Co., Ltd and direct the Mayor and City
administrator to sign the agreement. (Motion passed 4-0).
Council member Conlin noted the rates have increased approximately 3.5% and the council
might consider sending this out for bids. Administrator Kueffner will present this at budget
time.
B. Joint Meeting regarding Cable with White Bear Lake, January 5, 1994, White Bear Lake
City Hall
C. Fire Department: Purchase of Air Compressor
M/S/P John/Conlin - to approve the purchase of a breathing air compressor for a total amount of
$10,330.50 per favorable recommendation of the Maintenance Advisory Committee and that the
funds to pay for this be taken from the $5,000 donation to the Fire Department from the Jaycees
and the balance from the Department's budget. (Motion passed 4-0).
Administrator Kueffner will send a thank you to the Lake Elmo Jaycees for their generous
$5,000 donation.
LAKE ELMO CITY COUNCIL MINUTES DECEMBER 20, 1994
D. Reschedule Volunteer Appreciation Party
M/S/P Johnston/John - to reschedule the Volunteer Appreciation Party to January 20, 1995 at the
VFW. (Motion passed 4-0).
E. Support Appointment of Harriet McPherson
Administrator Kueffner provided a draft letter to Governor Carlson stating the city supports the
appointment of Harriet McPherson as the representative for District 16 on the Metropolitan
Council.
M/S/P Mottaz/Johnston - to approve the letter, dated December 20,1994, submitted to Governor
Arne Carlson with city council endorsement of Harriet McPherson as the representative for
District 16 on the Metropolitan Council. (Motion passed 4-0).
M/S/P Mottaz/Conlin - to adjourn the council meeting at 9:15 p.m. (Motion passed 4-0).
Resolution No. 94-33 granting a minor subdivision and lot ratio variance to Howard Michels