HomeMy WebLinkAbout05-02-95 CCMMINUTES APPROVED: MAY 16, 1995
LAKE ELMO CITY COUNCIL MINUTES
MAY 2, 1995
6:30 p.m. BOARD OF REVIEW (Continuation)
Mayor John reconvened the Board of Review at 6:30 p.m. PRESENT: John, Hunt, Johnston, Conlin,
DeLapp and Assessor Frank Langer.
The council was presented appraisals for Case #12 and #33. Langer recommended a change for Case
#12 to $151,000 and Case #33 to $119,000.
M/S/P - Hunt/Johnston - to accept the Assessor's recommendation as to cases presented by Frank
Langer to the Board of Review for 1995 as reviewed, amended, and recommended. (See Exhibit A).
(Motion passed 5-0).
M/S/P - Hunt/John - to close-out the Lake Elmo Board of Review at 7:00 p.m. (Motion carried 5-0).
Mayor John called the council meeting to order at 7:05 p.m. in the council chambers. PRESENT: Hunt,
Conlin, John, Johnston, DeLapp, City Planner Terwedo, City Engineer Bohrer, City Attorney Filla and
Administrator Kueffner.
1. AGENDA
Postpone 10B. City Council Meeting Ordinance until May 16, 1995 Council meeting
ADD: OLD BUSINESS: Status of 15th Street Maintenance,
CITY ENGINEER'S REPORT: Other:Joint Purchasing for Crack Sealing through Washington County
Contract, Water Tank Repair Painting
M/S/P Hunt/Conlin - to approve the May 2, 1995 City Council agenda as amended. Motion passed 5-0).
2. MINUTES: April 18, 1995
M/S/P Johnston/Hunt - to approve the April 18, 1995 Council minutes as amended. (Motion passed 5-0).
3. CLAIMS
M/S/P Conlin/John - to approve the May 2,1995 Claims #3684 through #3708 as presented. (Motion
passed 5-0).
4. PUBLIC INFORMATIONAL:
1. Public Inquiries
Dick Johnson, 8896 Lake Jane Trail, complained about the buoys left overnight on Lake Jane which is a
violation of the County's ordinance. He also objected to the noise on Lake Jane created by people using
power boats and jet skis. Bob Gould, 8802 Lake Jane Trail, encouraged the Sheriff's Dept. to enforce the
City ordinances and cite the violator.
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1995 2
Sue Dunn, who worked on the Washington County Comp Plan, expressed concern that implementation
of the County's proposed comprehensive plan would mean increased costs for the residents of Lake
Elmo. She outlined some proposals that the county intended to pursue such as additional land
acquisition on 1 Oth Street and conversion of Highway Rd 5 from State to County jurisdiction. She asked
the council to be more sensitive when they push costs onto residents. Dunn requested the City engineer
review the location of the "Dead -End" sign and "No Outlet" sign on Upper 33rd Street and asked why
there wasn't a Weight Restriction sign posted and weight restrictions enforced on this street.
2. Update on meeting with Design Team Steering Committee
Three members from the MN Design Team visited Lake Elmo on April 19 to screen our application for a
fall visit. They were interested in evidence of resident and business support to ensure that their time
could not be more usefully applied to another application. The team emphasized that they regarded
themselves as facilitators to help the residents focus on what was important, what was common ground
and to develop a ground swell of support for a future planning direction that the City should take. They
made it clear that their function was to provide an analysis of residents' input that would result in creating
a local team for defining and developing a plan that was endorsed by the majority. The result will not be
known until the three Design Team members present their recommendations to the selection committee
which meets on May 10. Results are expected by May 12. The other Cities also applying for a visit are
Houston and Northfield.
Lake Elmo Residents Honored:
Two Lake Elmo residents, Kelly Brockman, (former owner of Brookman Motors and a former Lake Elmo
Mayor) and Rosalie Wall (retired Supreme Court Justice) were honored with awards from the Lake Elmo
Jaycees. The awards were given on April 25 at the Lake Elmo Jaycee's Annual Distinguished Service
awards banquet which was jointly hosted by the Stillwater Area Chamber of Commerce's Small Business
Development Committee and the Stillwater Jaycees.
3. Invitation to City Council from Lake Elmo Elementary School
The Council received an invitation to attend "The Logger's Life" written by fourth grade students from
Mrs. Hild's and Mr. Taverna's class with Mr. Peulen. The musical will be held on Thursday, May 18, Lake
Elmo School Gym with performances at 6:15 and 7:30 p.m.
5. OLD BUSINESS:
A. Letter from Minnesota Board of Water & Soil Resources
The City received a letter from the Minnesota Board of Water & Soil Resources indicating the city is one
of the parties requesting that BOWSR hold a hearing on the revised watershed plan for Valley Branch
Watershed District prior to the BOWSR's decision on approval of said plan. One of the issues presented
in the plan is how the runoff from the Olson Lake Estates Pond will be addressed. The VBWD has agreed
to revise the plan to identify a preferred option, Option 3, described as "a pipe system leading south along
Olson Lake Trail, then Hidden Bay Trail, cut southeast across Pebble Park to Lake Jane Trail and
following Lake Jane Trail to Structure 9." If the City feels a hearing must be held, they have to re -certify
their request for a hearing and state what specific part or parts of the plan they are concerned with.
Also, the Council received a copy of a letter from Gordy Grundeen to BOWSR asking the deadline for a
hearing request be extended to June 1st so the residents surrounding Lake Olson can evaluate "Option
3" that describes a piping system that carries the discharge water from Olson Lake Estates Pond to
Structure 9.
M/S/P John/Johnston - to direct the city staff to respond to BOWSR to request they hold a public hearing
to discuss the revised watershed plan for Valley Branch Watershed District. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1995
B. Water Surface Ordinance
The city submitted a proposed Water Surface Use Ordinance to the Minnesota Department of Natural
Resources last October. There has been no word from the DNB's office. According to the law, the
failure of the DNR to notify any governmental unit of the acceptance or denial of its proposal within 120
days will be considered as approval.
M/S/P John/Conlin - to adopt Ordinance 8112, an Ordinance relating to Water Surface Use and publish
the Ordinance in the City's Newsletter and include DNR regulations and where they can be obtained and
direct the staff to install receptacles for holding copies of the water surface use ordinance at all the public
lake landings. (Motion passed 5-0).
Councilman DeLapp suggested installing signs stating the five lake rules. Administrator Kueffner felt the
staff could put something together for the next council meeting.
At the last meeting the Council received a petition from Lake Jane residents indicating their concern
about the increase in noise pollution from jet skis and airplanes on the lake during the summer. Donna
Meyer, one of the residents that signed the petition, voiced these concerns and did not feel calling the
Sheriff Department was enough.
The Council had various suggestions; such as, DNR do periodic checkpoints on the lake to catch
violators; setting up of a committee comprised of resident and representatives of the City Council,
Sheriff's Dept. and the DNR to explain the rules, discuss the problems, and come up with a modified
water surface use ordinance; and invite Mark Caroon, Washington County Sheriff's Dept., to talk to the
Tri-Lakes Assoc. specifically to these ordinances.
15th Street Maintenance:
Larry Bohrer reported there is rutting in the road and gravel in the ditches. (1) Loss of Gravel: In the
public works portion of the budget there is money for maintenance. Gravel will be ordered and placed
after road restrictions. (2) Gravel accidentally placed in ditches because of snowplowing:Not interfering
with drainage of ditches. It does make mowing difficult and dangerous. Bohrer is concerned about
sending a crew out to rake a road ditch. Bohrer will call up the concerned homeowner and explain the
situation and get input. If the Maintenance Dept. cleans up the gravel, they will tear up the turf. Sue
Dunn suggested contacting Community Service workers to do this work.
Upper 33rd Street
Gene Markgraf, 11002 Upper 33d St., stated that in the last five years since the Michigan has been used,
it has torn up a large piece of asphalt and damaged the road.
6. PLANNING/LAND USE & ZONING:
A. Resolution No. 95- 37, Final Plat of Lake Elmo Heights 3rd Addition
Preliminary plat approval for the subdivision of a 93.15 ace parcel into 27 single family lots and a 6.6 acre
City park was approved by the Planning Commission on March 13, 1995 and the City Council on March
21, 1995. The Final Plat was approved by the Planning Commission on April 24, 1995. Larry Bohrer
reviewed the plat and is satisfied that the Plat meets the three conditions stated in his letters dated
February 23 and April 20, 1995.
The Council received a letter from Joe Lux, Washington County Public Works, indicating they find the
location of 26th Street to be acceptable and will work to ensure that the design for reconstruction of
CSAH13, now scheduled for 1996, will increase safety at the intersection.
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1995 4.
There was discussion on a proposed right-of-way easement in the NW corner of Lots 9 and 10 to tie in
with ideal Avenue North. Mike Black explained the intention is to create an easement document that
would give a permanent roadway easement to the City of Lake Elmo and record it prior to the plat. Then
the future buyers of Lot 9 and 10 would be aware of this easement. He had totally disagreed with
building a road through that wetland and connecting Ideal Avenue, but felt this was the direction of the
City.
Attorney Filla explained the way this is structured there would be a separate easement to the city of Lake
Elmo. In the future if we were approached by Oakdale, the City would have the right-of-way to give as a
part of the road project. If Oakdale wanted to condemn property within Lake Elmo for that purpose, they
would need Lake Elmo's consent. Property owners can convey easements to the adjoining city if they
chose to do so. An adjoining City cannot extend their improvements to Lake Elmo without the city's
approval.
M/S/F John/Hunt - that the right-of-way easement in the northwest corner should be included in the final
plat. (Motion failed 2-3:Conlin, Johnston, DeLapp).
M/S/F Hunt/DeLapp - that the city council accepts the Final Plat for Lake Elmo Heights 3rd Addition
without 27th Street going through. (Motion failed 0-5).
Council member Conlin pointed out there is a trailer with multicolored flags sitting on the middle of the
cul-de-sac, and she has a concern with traffic if they have open houses. Black explained the trailer
belongs to one of the interested builders who has a hold on a number of lots for the purpose of
marketing. The Council looked at this as construction traffic and 27th Street will not be used for
construction traffic.
Donna Siegler lives on the cul-de-sac on 27th Street and asked if this street goes through who pays for
redoing the cul-de-sac and the yard. Black stated their construction plans call for removal of the cul-de-
sac and will replace the yards and driveways to match the existing conditions and resurface that portion
of the street that will be torn up.
M/S/P John/ DeLapp - to adopt the Resolution No. 95-37 approving the Final Plat for Lake Elmo Heights
3rd Addition as presented, conditioned on the following:
1. The applicant meets conditions set forth by the Valley Branch Watershed District in its letter of
February 24, 1995.
2. The applicant meets the conditions set forth by the City Engineer in his letters dated February 23,
1995 and April 20, 1995.
3. The applicant meets the conditions set forth by the City Planner in his letter dated February 22, 1995.
4. The applicant provides a revised landscape plan, with the final plat that is consistent with City
landscape regulations, with the discretion of the placement on the landscaping requirements of the
individual lots should compliment what the individual property owner wants as long as it is in compliance
with the City regulations. Responsibility to comply with the ordinance rests with the developer.
5. The park land dedication as shown on the preliminary plat, and cash combination to meet the City
Code requirements be accepted by the City as recommended by the Parks Commission.
6. 27th Street North shall not be used for construction, install a temporary barricade, and be so signed
for construction traffic, including Innsdale Avenue N.
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1995
7. Future road extension signs shall be placed on cul-de-sacs and streets which may be extended in the
future.
8. An erosion control plan shall be submitted to the City Engineer along with the construction plans for
road improvements. No easement will be provided in the NW corner of Lots 10 and 9 to tie in with Ideal
Avenue North. Easement for road right-of-way is deleted from plat.
9. The developer enter into a Development Agreement with the City subject to approval by the City
Attorney. (Motion passed 5-0).
B. Site and Plan Review - Picnic shelter, etc. in Lake Elmo Regional Park -
Jim Luger
Jim Luger, Washington County Public Works, submitted a site and building plan for a 4,000 square foot
picnic shelter, 660 square foot restroom facility, septic system water well, 130 bay parking lot and 38
linear foot entry road in the Lake Elmo Regional Park. This additional facility is outlined on the master
park plan and will be located across from the existing shelter. Mr. Luger explained the new complex will
fill current public needs not being met by existing facilities.
Dick Johnson asked when is the County going to solve the safety problem with the intersection of County
Rd. 19 and 10th Street. This additional facility will add more traffic. Mr. Luger responded he would speak
to the County Traffic Engineers.
M/S/P Johnston/Del-app - to approve the plans for improvements in the Lake Elmo Regional park
submitted by Washington County for a 4,000 square foot picnic shelter, 660 square foot restroom facility,
septic system, water well, 130 bay parking lot in conformance with the city's parking lot landscaping
standards, and 380 linear foot entry road, contingent upon the County obtaining the necessary permits
from the Lake Elmo Building Department and the VBWD. (Motion passed 5-0).
C. Ordinance 8111 Michels Rezoning
The City amended the Future Land Use Map that allowed Howard and Betty Michels to apply for a
rezoning of approximately 35 acres on Stillwater Blvd. (south of the C&NW) railroad tracks. The Planning
Commission held a public hearing on this request on May 18, 1995, and recommended unanimously that
the rezoning be approved.
M/S/P Del-app/Hunt - to adopt Ordinance 8111 amending Section 301.070C "Zoning District Map" of the
1979 Lake Elmo Municipal Code based on a favorable recommendation from the Planning Commission
and based on its consistency with the Lake Elmo Comprehensive Plan. (Motion passed 4-0:Council
member Conlin stepped out of the room)
D. Update on County's Comprehensive Plan: Ann Terwedo
City Planner, Ann Terwedo, handed out copies of the Draft Washington County Comprehensive Plan
Highlights dated March 24, 1995 and a proposed Generalized Land Use Plan for the Washington County
Comprehensive Plan. Terwedo pointed out in the Generalized Land Use Plan the county is showing most
of Lake Elmo in General Rural (4 per 40) and Lake Elmo's Land Use Plan map show RED land. Terwedo
requested council approval to notify the county to make changes on their map.
M/S/P John/Conlin - that the City Planner notify Washington County that the current standards are RED
on the Lake Elmo Future Land Use Map and to make the changes on the Washington County
Comprehensive Plan, Generalized Land Use Plan from General Rural to RED. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1995 6
7. CITY ENGINEER'S REPORT:
A. Resolution No. 95-38, Receiving Bids for 1995 Overlays
M/S/P Conlin/Hunt - to approve Resolution No. 95-38, A Resolution Accepting Bid for 1995 Bituminous
Overlays and award contract to T.A. Schifsky & Sons in the amount of $262,911.30. (Motion passed 5-0).
M/S/P Hunt/Conlin - to proceed with the additional projects: 39th Street Turn Lane at TH5, Overlay the
Water Tower Driveway and 36th Street Drainage. (Motion passed 5-0).
B. Review of Transportation Portion of County's Comprehensive Plan
(Continuation from last meeting)
The Council directed the City Engineer to send their comments on to the Board of County
Commissioners. The City's comments are in two forms: corrections to the Plan which appear to be
errors or discrepancies in the text and figures, and position statements where the City wants to pass on
its views on various statements in the Plan.
Position Statements:
1. Minor Arterials: The County should define whether the functional classification of Minor Arterial also
implies a certain typical section for construction. Are all minor arterials intended to be expanded to 4-
lanes?
2. Hudson Boulevard. Presently Hudson Boulevard is under State jurisdiction. There is no indication in
the plan whether this road is intended to remain under MnDOT control or be turned back to County or
Local jurisdiction.
3. The City strongly objects to the northerly extension of Inwood Avenue to TH5 with new railroad
crossing. It would create another intersection on TH5, require an underpass under the elevated railroad,
or require extensive amounts of fill to construct an at -grade crossing.
4. Capital Improvements Program
The City strongly supports the continuation of the improvement of Inwood Avenue south from CSAH 6 in
he 1995 construction program. The City relied on the 1995 date when recently approving a residential
subdivision called Lake Elmo Heights 3rd Addition.
Manning Trail (CSAH 15) between TH36 and TH5 - Right-of-way Acquisition in 1998:The City supports
the concept of a connection between TH36 and TH5, but the route is likely to be very sensitive due to the
terrain and wetlands. The route is too general for the City to give support to the route at this time and
desires more detailed information on the route.
The City cannot support 10th Street (CSAH 10) between Inwood Avenue and Manning Avenue - Right-of-
way Acquisition and Reconstruction in 1999 without more detail on why additional right-of-way is required
or to what extent widening may occur.
5. Transit: The City felt there were inconsistencies in the transit portion of the plan in that the TH36 wide
right-of-way will be preserved for future LRT but then stops at the St. Croix River. No provisions seem to
be made beyond that point.
6. New St. Croix River Crossing on TH36: The Plan anticipates the majority of the traffic will remain on
TH36 that is westbound from Wisconsin. The plan should address what measures will be taken to
prevent diverted trips onto TH5 which is already over capacity.
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1995 7
C. Joint Purchasing for Crack Sealing through Washington County Contract
M/S/P John/Hunt - to authorize the city to enter into a contract with Washington County for crack sealing
services from Bergman Co. (Motion passed 5-0).
D. Painting of Water Tower:McGuire Iron will be painting the water tower the week of May 8-13.
8. CITY ATTORNEY'S REPORT:
A. Letter from Thomas R. Hughes regarding allegations against City Council members
The Council received a letter, dated April 24, 1995, from Thomas R. Hughes, the attorney retained by the
city to investigate allegations against City Council members. Mr. Hughes has concluded that there is not
a sufficient basis for the issuance of criminal complaints.
City Attorney Filla suggested the city should continue to review its procedural regulations for council
meetings and other committee meetings because current regulations seem to be overly restrictive.
The Council will bring up this item as OLD BUSINESS at the May 16, 1995 council meeting to discuss the
amount of the bill.
9. CITY COUNCIL REPORTS:
Mayor John announced:
On April 29, he and the City Administrator met with the Lake Elmo Volunteer Firemen Captains and
these items were discussed:
a. The need to publicize by newsletter and other notices that the flush hydrants located in the City
were not intended and did not have the flow capacity for firefighting.
b. A copy of the City policies for the use of the Fire Hall was requested, as well as all other City
policies when they have been revised and updated.
c. The need to be involved and to provide input for a new site for Fire Hall #2 in the event of the City
having to vacate the existing building.
d. Policy on emergency coverage for the Green Acres tubing area and a joint agreement with the
Mahtomedi Lions Club (which provided ambulance coverage) was discussed.
e. Cl P purchases were covered, as well as, the need to receive land dedication for the Fire
Department similar to what is available for the Parks Commission as a result of development which
creates the potential need for additional fire services.
On May 10, at 4:30 p.m. the City of Lake Elmo will host the regular meeting of the Elected Officials for
School District #622.
Councilman Hunt reported that on Monday (4/24) and Tuesday (4125) he and Bob Helwig met to discuss
the scope of Ag zoning uses and received public input. Another meeting will be set up and this date
(tentatively 5/15, 7 p.m.) will be published in the City Newsletter and newspapers. They will have a
recommendation for the May 22nd Planning Commission meeting.
10. CITY ADMINISTRATOR'S REPORT:
A. League of Minnesota Cities Conference
M/S/P DeLapp/Conlin - to approve the City Council (John, Conlin, DeLapp, Johnston), City Administrator
and City Planner's attendance at the 1995 League Conference in Duluth from June 13 through June 16,
1995. (Motion passed 5-0).
B. Proposed Ordinance regulating City Council Meetings (Postponed)
LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1995 8
C. MAC Recommendation of Bob Cat
M/S/P John/Hunt - that the purchasing policy be changed to conform to state law and that the bid for the
purchase of a Bob Cat be awarded to Tri State In the amount of $23,158.43 which includes the accessory
equipment and the trade in payment and that the cost be divided on a 60/40 ratio between the
Maintenance and Parks Departments as recommended by the MAC. (Motion passed 5-0).
The Council set the end of June for completion of a depreciation schedule.
M/S/P Conlin/Hunt - to adjourn the council meeting at 12:45 a.m. (Motion passed 5-0).
--------------------
Respectfully submitted by Sharon Lumby, Deputy City Clerk
Resolution No. 95-37 Approving the Final Plat for the Lake Elmo Heights 3rd Addition
Resolution No. 95-38 Accepting Bid for 1995 Bituminous Overlays and award Contract to T.A. Schifsky &
Sons
Ordinance 8111 Michels Rezoning
MY 2, 1995 LAKE EL110 COU14CIL MUTING
List of Claims for Approval
or the period 14/28/95 to 05/02/95/4128/95
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
DIANE RUB ,
CLEAN UP OF 8961 37TH STREET
06/82/95
3684
2,600.00
893-41600-400
2,600.01
DAVID BOUTHILET
CABLE 0PERATOR13J21 TO 4124
05/1219S
3685
128.00
100-41300-216
128,00
LEAGUE OF MN CITIES
MAY INSURANCE PREMIUM
051/2/95
3686
3,422.90
101-41500-130
2,013.11
111-42400-130
418.11
109-43100-136
991.68
AIMED GROUP INSURANCE TRUST
MAY INSURANCE PREMIUM
05102195
3687
62.82
106-41500-130
34,17
110-42400-130
15.10
100-43100-130
13.55
MINN. BENEFIT ASSN.
MAY INSURANCE PREMIUM
05102195
3688
667.93
100-41500-130
72.12
109-43100-130
585.81
GENERAL OFFICE PRODUCTS
OFFICE SUPPLIES & FURNITURE
05/02195
3689
749,91
100-41509-200
299.56
116-41510-570
450.35
BLIND CUSTODIAL PRODUCTS
OFFICE BLDG MAINT
05102/95
3690
85.91
100-41500-400
85.91
D.C. HEY CO.
COPY MACHINE MAINT & SUPPLIES
05102/95
3691
170.62
100-41510-200
176.62
A T & T
OFFICE TELEPHONE MAINT
05102/96
3692
73.56
190-41500-320
73.56
STILLWATER GAZETTE
LEGAL.PUBLICATIONS
16/02/95
3693
358.00
100-41SO0-351
358.00
SOUTHAN BUSINESS COMMUNICATIONS
BIDS FOR 1995 OVERLAY PROJECT
05/02195
3694
200.00
.100-41500-351
200.00
U. S. WEST
TELEPHONE SERVICE
05102195
3695
424.91
180-41500-320
231,18
100-42290-320
84.61
100-43100-320
55.66
100-45200-320
53.46
P' '9SOM FRAM & BERGMAN
APRIL LEGAL FEES
05/02195
3696
5,193.95
108-41600-300
5,093.95
E. .,, INC.
ASSESSOR MONTHLY PAYMENT
05112/95
3697
1,401.06
100-41550-300
1,400.00
MICHAEL SMITH
APRIL ANIMAL CONTROL OFFICER
05/52195
3698
725.00
100-42700-116
725,00
WASHINGTON COUNTY TREAS,
WASTE NNGMNT TAR -7 PARCELS
05/02195
3699
588.00
100-43200-317
588.00
BERNARDY, PAUL
FIRE DEPT SUPPLIES
05/02/95
3700
66.Of
110-42200-217
56,00
HAROLD'S SHOE REPAIR
FIRE DEPT SUPPLIES
06/02195
3761
52.00
108-42200-217
52.00
CELLULAR ONE
FIRE DEPT CELLULAR PHONE
15/02/95
3702
11.16
100-4220E-320
11.06
JIM HATCH SALES CO.
MAINT DEPT SUPPLIES
06/02195
3703
51.60
1BO-43100-224
51.60
NORTHERN
MAINT DEPT SHOP SUPPLIES
05/02195
3704
289.22
100-43100-224
208.22
A T & T
MAINT DEPT TELEPHONE
15/02/95
3705
4.72
180-43100-320
4.72
A T & T
MAINT DEPT PAGER EXPENSE
95102195
3706
26.08
100-43100-320
26.08
VERN'S OTC AUTO PARTS
MAINT DEPT PARTS & REPAIR
05/02j95
3707
32.06
110-43100-221
32.06
J. THOMAS ATHLETIC CO.
PARKS DEPT BALLFIELD SUPPLIES
05102195
3708
61.80
111-45200-219
61.80
TOTAL FOR MONTH
17,247.14 17,247.04
TOTAL YEAR TO DATE 25,979.79 25,979.79
0l't lvc Qr
CITY OF
LAKE
ELMO
City of Lake Elmo
DATE: MAY 02, 1995
TO: CITY COUNCIL
777-5510
3800 Laverne Avenue North / Lake Elmo, Minnesota 55042
FROM: DAN OLINGER, PUBLIC WORKS SUPERINTENDENT
THIS IS A CORRECTED AND TALLIED LIST OF THE TWO (2) QUOTES
RECEIVED. I APOLOGIZE FOR NOT INCLUDING THIS IN THE ORIGINAL
INFORMATION GIVEN TO THE STAFF TO INCLUDE IN YOUR PACKETS.
QUOTE 1. TRI STATE BOBCAT
BASIC MACHINE W/TAX $14,963.25
ACCESSORY PACKAGE W/TAX $ 6,597.68
ANNUAL TRADE-IN W/TAX $ 1,597.50
TOTAL $23,158.43
QUOTE 2. LANO EQUIPMENT
BASIC MACHINE W/TAX $16,297.48
ACCESSORY PACKAGE W/TAX $ 6,695.12
ANNUAL TRADE-IN W/TAX $ 2,023.50
TOTAL $25,016.10
%J4 printed on recycled paper
Jaycees Dinner April25. 1995
The Lake Elmo Jaycees held their annual Distinguished Service awards
( banquet at the Oak Glen Country Club on April 25. This was in combination
with the Stillwater Area Chamber of Commerce's Small Business
Development Committee and the Stillwater Jaycees. It was the first time that
the Chamber had joined with the local Jaycees in honoring local business and
civic leaders.
Two Lake Elmo residents were honored that evening. Kelly Brookman,
former owner of Brookman Motors, the first Mayor of Lake Elmo, who is well
known to Lake Elmo residents was nominated Business Leader of the year.
Keely is sufficiently modest that had he known of his award, he would not
have attended. He went to recognise a friend whom he thought was to be the
recipient, but soon realized that the nomination was for him as the citation
was read.
In addition, the Karl Neumeier award for services to the community went to
retired Minnesota Supreme Court Justice Rosalie Wahl. She was unable to
attend, so I had the honor of accepting the plaque on her behalf. Rosalie is an
outstanding example of those who claim that life begins at 40. She was over
forty before she went to college to study law - progressing rapidly until she
became a supreme court judge. So everything is possible - even after 401
On behalf of the Council, I congratulate both Kelly and Rosalie for these well
deserved recognitons.
Mayor's Report MayZ1995
On Saturday, April 29, the City Administrator and I met with the lake Elmo
Volunteer Firemen Captains at the Fire Hall. Among the items discussed were:
1. The need to publicise by newsletter and other notices, that the flush hydrants located
In the City were not intended, and did not have the flow capacity, for fire lighting.
2. A copy of the City policies for the use of the Fire Hall was requested, as well as all
other City polices when the have been revised and updated.
3. The need to be involved and to provide input for a new site for Fire Hall #2 in the
event of the City having to vacate the existing building.
4. Policy on emergency coverage for the Green acres tubing area and a joint agreement
with the Mahtomedi Lions Club (which provided ambulance coverage) was discussed.
5. CIP purchases were covered, as well as the need to receive land dedication for the
Fire department similar to what is available for the Parks Commission as a result of
development which creates the potential need for additional fire services.
VISIT OF MINNESOTA DESIGN TEAM
Three members of the Minnesota Design team -Tim Mcllwain, Arthur Mehrhoff and
Janet Whitmore - visited lake Elmo on April 19 to screen our application for a fall
visit.
It was not until the early afternoon of April 19 that we were made aware of the
expectations of the design team for the visit. They were interested in evidence of
resident and business support to ensure that their time could not be more usefully
applied to another application, Even though the notice we were able to give was so
short, the meeting was well attended by lake Elmo residents, and we were very
pleased with the response.
The team emphasized that they regarded themselves as facilitators to help the
residents focus on what was important, what was common ground and to develop a
ground swell of support for a future planning direction that the City should take. They
made it clear that their function was to provide an analysis of residents' input that
hopefully would result in creating a local team for defining and developing a plan that
was endorsed by the majority.
There were numbers of questions raised by residents and the team My personal
conclusion was that the visit went well. The result will not be known until the three
Design team members present their recommendations to the selecting committee
which meets on May la We expect to know the results of their discussions by May 12
The other Cities also applying for a visit are Houston and Northfield
Warrem E. Peterson
perome R Filla
Daniel Witt Fram
Glenn A. Bergman
John Michael Miller
Timothy J. Hassett-
/ Michael T. Cherie
t Kenneth A. Amdahl
Timothy P. Russell
__PETERSON .
FRAM p{B��Ep^R'*g�
G�MANna—XMCiJ
April 26, 1995
Mary Kueffner
City Administrator
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042
RE: Our File No.: lil35/920001
Suite 300
50 East Fifth Street
St. Paul, MN 55101-1197
(612) 291-8955
1612) 228-1753 facsimile
J. Silver, Of Counsel
unwm 1
APR 2 7� 19�5.
Mary:
Enclosed is a copy of correspondence which I received from Mr.
Hughes on April 24, 1995. Mr. Hughes has concluded that there is
not a sufficient basis for the issuance of criminal complaints.
The City should continue to review its procedural regulations
for council meetings and other committee meetings. Current
regulations seem to be overly restrictive. If you have any
questions, please contact me.
Very truly yours,
Jerome illa
JPE:bap (
'REAL PROPERTY LAW SPECIALIST. CERTIFIED BY THE REAL PROPERTY IAW SECTION OF THE MINNESOTA STATE BAR ASSOCIATION
HUGHES & COSTELLO
Jerry Filla
April 21,1995
page two
THOMAS R. HUGHES
Admitted in California
and Minnesota
I find no other credible evidence to indicate that a "secret meeting" was held sometime
after the February 19, 1993 meeting.
In addition, violations of the open meeting law under Minnesota Statutes §471.705 Subd.
2 provide for civil penalties only. The Lake Elmo Municipal Code Section 203.010 could
arguably have been violated and therefore those offending members subject to
misdemeanor penalties if in fact there was sufficient evidence to support such a violation.
However, I find no such evidence and therefore decline to prosecute.
Therefore, based upon the above, I will not be issuing any criminal complaints relating to
the Lake Elmo City Council meetings of June 1, 1994 and a alleged "secret meeting" of
February or March, 1993.
Very truly yours,
TXcmas�. ll�ughes
TRHMj
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.
6:30 p.m.
7:00 p.m.
AGENDA
LAKE ELMO CITY COUNCIL MEETING
May 2, 1995
Board of Review (Continuation)
Meeting Convenes
Pledge of Allegiance
1. A_ eg nda
2. Minutes: April 18, 1995
3. Claims
4. Public Informational
1. Public Inquiries
2. Update on meeting with Design Team Steering Committee
3. Other
5. Old Business
A. Letter from Minnesota Board of Water Services
B. Water Surface Ordinance
C. Other
6. Planning, Land Use & Zoning
A. Resolution 95- Final Plat - Lake Elmo Heights 3rd Addition
B. Site and Plan Review - Picnic shelter, etc. in Lake Elmo
Regional Park (Jim Luger)
C. Ordinance 81- Michels Rezoning
D. Update on County's Comprehensive Plan (Ann Terwedo)
E. Other
7. City Engineer's Report
A. Resolutions 95- Receiving Bids for 1995 Overlays
B. Review of Transportation Portion of County's Comprehensive
Plan (continuation from last meeting.)
C. Other
OVER
8. City Attorney 's Report
A. Letter from Thomas R. Hughes, regarding allegations against
t City Council members (past and present)
B. Other
9. City Council Reports
A. Mayor John
B. Council member Conlin
C. Council member DeLapp
D. Council member Hunt (Ag Zoning Uses Update)
E. Council member Johnston
10. City Administrator's Report
A. League of Minnesota Cities Conference
B. Proposed Ordinance regulating City Council
C. MAC Committee Recommendation of Bob Cat
D. Other
11. Adjourn