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Home My WebLink About02-06-96 CCMFEBRUARY 6, 1996 LAKE E1110 COUNCIL 14EETING List of Claims for Approval For the period 02/02196 to 52/02196 02/02E96 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIN NUMBER AMOUNT STILLWATER AREA CHAMBER 1996 CHAMBER DUES 02/02196 4454 575.00 100-41300-433 575.60 UNITED WISCONSIN GROUP FEB.INSURANCE PREMIUM 02/02/96 4455 455.91 100-41500-130 239.99 100-42400-130 48.49 100-43100-130 167.43 MINN. BENEFIT ASSN• FEB. INSURANCE PREMIUM @2102196 4456 665.43 100-41500-130 72,12 180-43100-130 593.31 MEDICA HEALTH PLANS FEB. INSURANCE PREMIUM 02/02/96 4457 3,268.24 100-41500-130 2,257.88 100-42400-130 261.60 100-43100-130 748.76 AMERICAN MEDICAL SECURITY FEB. INSURANCE PREMIUM 02/62/96 4458 314.00 100-41500-130 179.00 100-42400-130 32.00 100-43100-135 103.00 ALLIED GROUP INSURANCE TRUST fE8• INSURANCE PREMIUM 02102/96 4459 62.82 100-41500-130 34.17 160-42400-130 15.10 100-43100-130 13.55 ST• CROIX OFFICE SUPPLIES OFFICE SUPPLIES 02/02196 4460 93.66 100-4150@-200 93.66 BINDER PRINTING CO. OFFICE SUPPLIES 02/02/96 4461 374.88 100-41500-200 374.88 PITNEY BOWES POSTAGE METER RENTAL 021@2196 4462 145.50 100-41500-200 145.50 D.C. HEY CO. COPY MACHINE MAINTENANCE & SUPPLIES 02/02/96 4463 327.47 100-41500-200 327,47 IDS COPY MACHINE SUPPLIES 82(@2/96 4464 141.60 100-41560-200 141.65 °'ORAL OFFICE PRODUCTS OFFICE SUPPLIES 02/62/96 4465 63.01- ` 109-41500-200 63.01 AAB, INC. OFFICE SUPPLIES 02/02/96 4466 55.39 100-41500-200 55.39 FOUR SEASONS SERVICES OFFICE BLDG NAINT SUPPLIES /2/02196 4467 37.05 100-41500-400 37.05 STILLWATER GAZETTE LEGAL PUBLICATIONS @2102/96 4468 355.45 100-41500-351 365.45 AMERI-DATA COMPUTER ANNUAL MAINTENANCE 02/02/96 4469 364.88 100-41500-208 364.08 IMAGES OF THE PAST & PRESENT PLANNING DEPT-SLIDES 02/02196 4478 8.39 100-41910-300 8.39 MARKHURD MAINT.FACILITY STUDY MAPS 02/02/96 4471 377.43 100-41910-300 377.43 NORTHERN ARBORISTS CHIP CHRISTMAS TREES 02/02/96 4472 79.38 100-43200-317 79.88 JAMES W. AREND BUILDING INSPECTIONS 02102/96 4473 95.00 100-42400-331 95.00 NORTHERN STATES POWER CO PUBLIC WORKS UTILITIES STREET LIT 02/02/96 4474 1,184.26 101-43100-380 411.92 106-43160-380 772.34 U. S. WEST TELEPHONE 021@2/96 4475 482.62 100-41500-320 261.56 160-42200-320 $2.55 160-43100-320 60.16 100-45200-320 78.35 A T & T TELEPHONE 02/02196 4476 107.41 100-41500-320 96.81 100-43100-320 5.30 100-45200-320 5.30 TKOA DECEMBER ENGINEERING 02/02196 4477 6,344.58 100-41930-300 2,003.35 100-41930-300 3,273,38 482-41930-300 792.51 813-41930-300 275.26 F.X.L•, INC. 1996 ASSESSMENT 02102/96 4478 2,132.00 1@0-41550-390 2,132.00 MICHAEL SMITH JANUARY ANIMAL CONTROL OFFICER 02102196 4479 625.00 100-42700-110 625.00 TAT RECYCLING DECEMBER RECYCLING 02j02/96 4480 5,982.30 100-43200-318 3,745.35 843-43200-318 162.00 ( 803-43200-318 2,074.95 A a T WIRELESS SERVICES FIRE DEPT PAGERS 02102/96 4481 11.21 106-42200-320 11.21 LEAGUE OF NN CITIES INSURANCE TR. FIRE DEPT WORKERS COMP DEDUCTIBLE 02J02J96 4482 250.00 100-42200-150 250.00 RICHARD SACHS 1995 BURNING PERMITS (lf2) 02/02196 4483 220.00 100-42200-217 220.00 AMERICAN TEST CENTER FIRE DEPT-TELESQUIRT TESTING 02/62/96 4484 545.00 100-42200-220 545.00 YOCUM OIL CO LAKE ELMO HARDWOOD FIRE SUPPLIES 02102/96 4485 49.79 100-42200-217 49.79 LAKE ELMO FIRE DEPARTMENT FIRE DEPT SUPPLIES 82/02196 4485 62.79 100-42200-217 62,79 FEB 6th Page 2 List of Claims for Approval For the period 82/02/96 to 02102/96 02/02/96 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT ROSEVILLE RADIO FIRE DEPT RADIO SERVICE 02/02196 4487 42.08 100-42200-323 42.08 HOWARD, CHRIS FIRE DEPT-E•M.T. REFRESHER CLASS 02102/96 4488 100.00 106-42200-207 110.80 PEPIN, DOUG FIRE DEPT - E•M.T. REFRESHER CLASS 02102/96 4489 100,60 100-42200-207 106.00 KRS CORPORATION FIRE DEPT EQUIPMENT SUPPLIES 02162/96 4490 278.81 100-42200-220 278.81 ELMO'S LUMBER & PLYWOOD FIRE & PARKS SUPPLIES 02102/96 4491 86.63 100-42200-401 80.12 109-45200-219 6.51 DRIVER & VEHICLE SERVICES TAX EXEMPT LICENSES 02102196 4492 121.50 100-42200-220 27.00 160-42410-331 13.50 110-43106-221 40.50 160-45200-221 40.50 PEDERSON-SELLS EQUIPMENT CO.,INC. PUBLIC WORKS EQUIPMENT MAINTENANCE 02/02/96 4493 76.41 100-43100-221 76.41 AT & T WIRELESS SERVICES PUBLIC WORKS PAGERS 02102196 4494 10.11 110-43100-324 10.11 TRUCK UTILITIES PUBLIC WORKS EQUIPMENT MAINTENANCE 02/02196 4495 68.43 100-4310E-221 68.43 $OVER TRUCK PARTS PUBLIC WORKS -EQUIPMENT MAINTENANCE 02//2196 4496 179.75 164-31002-211 179.75 PAGENET PUBLIC WORKS PAGERS 02102196 4497 17.57 100-43100-320 17.57 SUNRAY B-T-B PUBLIC WORKS EQUIPMENT MAINTENANCE 02/02/96 4496 157.70 100-43100-221 157.70 SCHARBER & SONS, INC. PUBLIC WORKS EQUIPMENT REPAIR 82/02/96 4499' 192.31 100-43100-221 192.31 POLFUS IMPLEMENT PARKS EQUIPMENT REPAIR 02j02/96 4500 64.33 100-45200-221 54.33 2ARNOTH BRUSH WORKS, INC. PARKS DEPT BROOM REFILL 02102/96 4501 200.37 100-45200-219 200.37 MILLER EXCAVATING 1l9/96 WATER LEAK REPAIR 02/02/96 4502. 791.83 601-49400-430 791.83 TOTAL FOR MONTH 28,334.90 28,334.90 TOTAL YEAR TO DATE 28,334.90 28,334.90 INVOICE ENGINEERS • ARCHITECTS • PLANNERS CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED 1600 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:612MS2-4400 FAX:612/292-0063 Date: January 30, 1996 Commission No: 09150-959 Invoice No: 032680 Period Ending: 12/31/95 For Professional Services in connection with the Attendance at City Meetings. Agreement dated February 2, 1988. December 5, 1995 L. Bohrer - City Council Meeting 75.00 AMOUNT DUE ........................... $ 75.00 �olJ3,�3S J 7 �-3, 3 7.2.5 / /r) 2-- So .3 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me,� a notary public, on this date Janus 30,--199(1-.— i 1nin.A E. JO tivr RAfASEY COUNTY "�A1y comm' Expires Jan. 31. 2 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED a. An Equal Opporlunify Employer INVOICE TKDA D ON LL,INC L ASSOKING,CIATES, RPOR TE ANO ASSOCIATES, INCORPORATED F AND S, ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:6121292-4400 FAX:612/292-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO MN 55042 Date: January 30, 1996 Commission No: 09150-950 Invoice No: 032679 Period Ending: 12/31/95 For General Engineering Services as listed below. Authorization dated February 2, 1988. 1. MSA Annual Certification of Mileage and Road Map Update: L. Bohrer 1.00 Hrs. @ 32.31 = 32.31 T. Prew 1.00 Hrs. @ 24.52 = 24.52 A. Schrantz 13.50 Hrs. @ 13.27 = 179.15 235.98 x 2.75 = 648.95 Expenses: Albinson (Inv. copy attached) 16.44 2. Elmo Inn Expansion Remodeling - Review Septic Tank Relocation Meet w/Staff and Architect: L. Bohrer 3.00 Hrs. @ 32.31 = 96.93 x 2.75 = 266.56 ;3 R 5 Expenses: L. Bohrer - Travel 8.70 1I�J/ t r 1996 MSA Allotments Recommendations to Council: L. Bohrer 1.50 Hrs. @ 32.31 = 48.47 x 2.75 = 133.29 Torre Pines - Tom Armstrona concerns for Drainaae:_ L. Bohrer 0.50 Hrs. @ 32.31 = 16.16 x 2.75 = Nutra Tina Annl;c-ation - Check Slopes on Land: L. Bohrer 0.50 Hrs. @ 32.31 = 16.16 x 2.75 = now t, ,. C An Equal Opportunity Employer PAGE 2 INVOICE Comm. No. 09150-950 6. Severe Soils List to City Planner: L. Bohrer 2.00 Hrs. @ 32.31 = 64.62 x 2.75 = 177.71 AMOUNT DUE ........................ $ 1,340.53 State of Minnesota ) ss County of Ramsey ) Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Janu 30, 99 • LINDA E. JOHNSES TA ON SASFY COUNTY �`-- tr Comm. Expires Jan. 31. 2000 per, TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED TKDA INVOICE TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 2 1996 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 55101-2140 612/292-4400 FAX: 612/292-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 Date: January 30, 1996 Commission No: 10374-03 Invoice No: 032692 Period Ending: 12/31/95 For Professional Services in connection with the 1993 MSA Project - Jamaca Avenue and Lake Jane Trail. Authorization approved at Regular City Council Meeting on February 2, 1993. Part III -Construction Engineering (10374-03): Personnel: Classification: Billing Rate: T. Prew Registered Engineer 1.00 Hrs. @ 67.43 = L. Bohrer Senior Registered Engin 4.00 Hrs. @ 88.85 = AMOUNT DUE ................................. $ State of Minnesota ) ss County of Ramsey 67.43 355.40 422.83 Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Janukiy 30, 1ag.6. —LINDA EO-HNO ' NCTARYPUBLICMINESONTA RAMSEY COUNTY M/ Comm. Expires Jan. 31, 2000 Y s TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIAT/EES, INCORPORATED � An Equal Opportunity Employer TKDA INVOICE TOLTZ, KING, DUVALL; ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1600 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 55101-2140 612/292-4400 FAX: 612/292-0083 CITY OF LAKE ELMO Date: January 30, 1996 3800 LAVERNE AVENUE NORTH Commission No: 10831-02 LAKE ELMO, MN 55042 Invoice No: 032701 Period Ending: 12/31/95 For Professional Services in connection with the 1995 Street Overlays. Authorization approved at Regular City Council Meeting on December 6, 1994. Part III -Construction (10831-02): Personnel: Classification: Billing Rate: T. Prew Registered Engineer 1.00 Hrs. @ 67.43 = 67.43 L. Bohrer Senior Registered Engin 3.00 Hrs. @ 88.85 = 266.55 C. Young Technician 1.00 Hrs. @ 35.70 = 35.70 AMOUNT DUE ............. ..................... $ 369.68 State of Minnesota ) ss County of Ramsey Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date Jan>Qa,ry 30, 19,�6r RAMSEY Comm. Expi TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED R . a, An Equal Opportunity Employer TKDA INVOICE TOLTZ, KING, DUVALL; ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1600 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 66101-2140 6121292-4400 FAX: 612/292-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 Date: January 30, 1996 Commission No: 10947-01 Invoice No: 032711 Period Ending: 12/31/95 For Professional Services in connection with the SE 1/4 Section 33 Trunk Utilities. Authorization approved at Regular City Council Meeting on April 18, 1995. Plans Phase (10947-01): Personnel: Classification. Billing Rate: R. Dinndorf Engineering Specialist 5.50 Hrs. @ 63.47 = 349.09 C. Rylander Engineering Specialist 2.50 Hrs. @ 47.60 = 119.00 R. Jackson Engineering Specialist 19.50 Hrs. @ 56.32 = 1,098.24 L. Bohrer Senior Registered Engin 7.00 Hrs. @ 88.85 = 621.95 C. Wetzler Senior Registered Engin 10.00 Hrs. @ 73.40 = 734.00 S. Olson Technician 2.50 Hrs. @ 37.37 = 93.43 C. Young Technician 1.50 Ers. @ 35.70 = 53.55 Reimbursable Expenses: Computer Service Fee - Computer Services 160.92 Larry D. Bohrer - Travel 7.20 Richard T. Dinndorf - Travel 36.00 AMOUNT DUE ................................. $ 3,273.38 State of Minnesota ) ss County of Ramsey Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, TOLTZ, KING, DUVALL, ANDERSON a notary public, on this date AND ASSOCIATES, INCORPORATED JanL icy )6. ske IINDA E. !•`::JOHNSON JTARYPUBLIC- MINNESOT RAMSEY COUNY An Equal Opportunity Employer t I�Cumin.ExpiresJen.3im TKDA INVOICE TOLTZ, KING, DUVALL; ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS • ARCHITECTS • PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL, MN 55101-2140 6121292-4400 FAX: 612/292-0083 CITY OF LAKE ELMO 3800 LAVERNE AVENUE NORTH LAKE ELMO, MN 55042 Date: January 30, 1996 Commission No: 11051-01 Invoice No: 032716 Period Ending: 12/31/95 For Professional Services in connection with the Community Water Supply Plan. Authorization approved at Regular City Council Meeting on November 21, 1995. All Tasks (11051-01): Personnel: Classification: Billino Rate: A. Schrantz Graduate Engineer 20.00 Hrs. @ 36.49 = 729.80 L. Bohrer Senior Registered Engin 1.50 Hrs. @ 88.85 = 133.28 AMOUNT DUE ................................. $ 863.08 State of Minnesota ) ss County of Ramsey Ray A. Andrews, being first duly sworn, deposes and says that the foregoing account is just and true; and the services therein charged were actually rendered and of the value therein charged, that the expenses incurred were paid by the affiant and no part of the same has been paid. Subscribed and sworn to before me, a notary public, on this date ■ ■ I(RV,LINDA E. JOHNSON NOT ARYPUBLIC-k11NNESOTA yRAMSEY COUNTY Comm. Expires Jan. 31, 2000 e ■ TOLTZ, KING, DUVALL, ANDERSON AND CIATES, INCORPORATED An Equal Opportunity Employer Variance to side yard set back - David & Mary Schwarz Findings of Fact: 1. The applicants home is located in a part of the Old Village where special historical conditions apply. 2. The lot size and shape were established before the City adopted its 1 acre, and subsequently 1.5 acre minimum lot sizes. 3. Literal interpretation of local codes prevents the applicants from increasing their bedroom size, but not the number. 4. The special circumstances are not a result of the applicants own action. Applying a 1.5 acre minimum standard to all Lake Elmo homes makes a number of other homes non conforming with no prospect of enlargement. 5. Granting of the variance will not confer a special privilege on the applicant. Denial would permit others in adjacent properties, who had already received variances to enjoy a special privilege. 6. The variance requested is the minimum needed to relieve the hardship. 7. Granting of the variance is not materially detrimental to the purposes of the Ordinance. 8. The view from the lake, is not materially affected. 9. The DNR, which reviews all variances in the shoreland area, does not have a concern with granting the variance. CITY OF LAKE ELMO REQUEST TO APPEAR BEFORE THE CITY COUNCIL OR PLANNING COMMISSION l f you wish to address the City Council or Planning Commission, please follow the suggestions listed below: (Please Print) Name Address Dated J C�':�- Phone Agenda Item or Subject you wish to address: q Company or Individual Representing (if applicable) CAS NOTES: Please complete this form so that you may be recognized at the appropriate time on the Agenda. You are under no obligation to speak if you decide against it during the meeting. Please state your full name and address so that the record of your comments will be complete in the minutes of this meeting. TO TTIE LAKE ELMO COUNCT L PROPOSAL: That the minimum height for detached garages be increased to 20' (from existing _node of 14') Reasons for chancre 3 car garage is becoming far more common today than in the Fast. 3 car garage could not be built with minimum pitch and not, exceed 14' The change is not intended to be all inclusive of storage sheds, and beams, or not considered normal family use. Not fair to home owner who chooses to build a detached garage to risk $400 loss for a variance and not be approved. Personal comment: As I view many mouses built in Lake Elmo today that have 3 car garage attached, it is not uncommon to see 20-25' peaks. Mayor's Report February 6,1996 On January 25, I attended the open forum on Social Outcomes for Our Community as it enters the 21st century, held at the Washington county Government Center. I provided copies of the Wilder Foundation report to the Council members, the City Administrator and Planner. The report reviews five outcomes which are considered critical to the Social Health of the Bast Metro region, covering education, affordable housing, economic conditions, crime levels and health. The report measures the benchmark conditions that exist in the 1992/1995 period, so that subsequent progress towards the goals can be assessed and actions taken as necessary. January 29, 1 attended the discussion on affordable housing at the Landmark Center, featuring Curt Johnson, Chair of the Met Council and a panel drawn from Public Housing authorities of Minneapolis, St.. Paul and Dakota county, With ex St. Paul Mayor George Latimer as facilitator. It was apparent to me that the Met Council goals were being seriously viewed by the various communities. Woodbury has ordained that 20% of a new development will be on 7500 sq. ft. lots. Maple Grove has dropped all rules on home size, and has decreed that all developments should have room for rental properties. The aim was to achieve high quality housing for ALL income groups. This implies a decent unit, suitable for a household, with full support services, access to public transport, and proper neighborhoods settings (good schools, parks, and rec. facilities). Discussions related to the quantity and level of affordable housing, the prospect of decreased federal support, the ability of cities to fund affordable housing, and their lack of capacity and experience to deal with this type of housing. This is a very complex issue, and I came away with the feeling that in spite of the agreements that Cities had entered into, the implications of these desirable aims needed greater exploration and community support to ensure that a successful outcome is achieved. January 31, Councilor Conlin and I attended the Sensible Land Use Coalition meeting at the Minneapolis Convention Center. A number of outside speakers were featured from Florida, New Jersey, and Michigan, to discuss "New Urbanism". One speaker covered the seven principles of Sustainable Development: Diversification of land use, Availability of public transport, Vitality of the community, Integration of built and natural systems, Physical health, Private sector profitability and Social equity. Developers were described as playing a high risk game, where rules were set, and changed by others, who built what local government allowed and the financiers will support. "Land Costs drive the deal' Other features of Cluster developments: Relatively higher densities in the housing area. 1 Lower up front infrastructure costs. Greater product flexibility, which permits a quick response to changing markets. The market is deeper than first home buyers. The residual value is enhanced, and improves with age. An integrated use development provides a more flexible base. The economics of scale affect the infrastructure Neighborhoods and regional shopping areas do not require periodic renewal. Examples cited were Harbor Town Memphis; New Point, S. Carolina; Columbus Realty Trust, Addison TX and Bay City, MI. It was obvious that some of these developments were on a much larger scale than we are looking at in Lake Elmo. One example in Florida described the creation of a man made river system which replaced the run off collection pond with transfers of development rights to defined buildable areas. But this covered a proposed State sponsored development which was itself bigger than Lake Elmo! February 3, My wife and I attended the St. Paul Mayor's reception recognizing the Winter Carnival Torchlight Parade. It was an opportunity for us to meet the new Attorney for Oakdale, Tim Keane, as well as Mayors Pulkabreck and O'Neil, the Captain of the guard, the Prince of the North Wind and the Prince of East Wind (who is an Oakdale resident).and a number of others. MINUTES APPROVED: FEBRUARY 20, 1996 LAKE ELMO COUNCIL MEETING FEBRUARY 6, 1996 1. AGENDA 2. MINUTES: January 16, 1996 January 23, 1996 3. CLAIMS 4. PUBLIC INFORMATIONAL/INQUIRIES: A. Public Inquiries B. Senator Laidig and Representative Peg Larsen: Resolution No. 96-2 C. Resolution No. 96-3:Requesting Oakdale decline Armstrong Petition for concurrent detachmentlannexation D. Direction to Planning Commission on site selection for Public Works Facility E. Recommendation from the Solid Waste Advisory Committee F. COPS FAST Program 5. CONSENT AGENDA: 6. PLANNING/LAND USE & ZONING: A. North Shore Lake Elmo Land Use Overview B. Variance Request :David Schwarz, 10961 32nd St. C. Case No. ZAMN/96-3 Lake Elmo Inn Rezoning from R1 to GB D. Case No. ZAMN/96-3 PUBLIC HEARING:Lake Elmo Inn Variance Request E. Case No. VAC/96-2 PUBLIC HEARING:Street Vacation of 25th St. & Lisbon Avenue F. Conditional Use Permits Annual Review G. Wind Generator Ordinance H. Antennas/Towers Ordinance I. Agricultural Subcommittee Draft Ordinance J. Update on Saturday's Workshop 7 8. CITY ENGINEER'S REPORT: A. Drainage problems on 45th Street/Lake Jane Trail/Jane Road 9. CITY ATTORNEY'S REPORT: 10. UNFINISHED BUSINESS: 11. CITY COUNCIL REPORTS: 12. CITY ADMINISTRATOR'S REPORT: A. Employee Assistant Program (CDL) B. Monthly allowance for cellular phones for Maintenance Dept. C. Animal Contract & Vehicle D. Ordinance regulating dangerous dogs & potentially dangerous dogs E. Request for contribution from Oakdale/Lake Elmo Historical Society F. Purchase of Copier, Facsimile and Color Copier G. Insurance Renewal H. Fire Department Study I. Tri-Lakes Sign 13. ADJOURN LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 2 Mayor John called the council meeting to order at 7:00 p.m. in the council chambers. PRESENT: Hunt, John, Johnston, DeLapp, City Engineer Bohrer, City Attorney Fills, City Planner Terwedo and Administrator Kueffner ABSENT: Conlin 1. AGENDA ADDAC. Handout of Resolution 96-3, 4E. Recommendation from Solid Waste Advisory Committee, 4F. COPS FAST Program, 6J. Update on Saturday's Workshop, 12C. Handout, F. Purchase of Copier, G. Insurance Renewal, H. Proposal for Fire Dept. Study, I. Direction for Tri-Lakes Sign M/S/P Johnston/Hunt -to approve the February 6, 1996 City Council agenda as amended. (Motion passed 4-0) 2. MINUTES: January 16, 1996 M/S/P Hunt/DeLapp - to approve the January 16, 1996 City Council minutes as amended. (Motion passed 4-0). 3. CLAIMS M/S/P Johnston/Hunt - to approve the February 6, 1996 claims #4454 through #4502 as presented. (Motion passed 4-0). 4. PUBLIC INFORMATIONAUINQUIRIES: A. PUBLIC INQUIRIES Don Klatke, 3663 Jamaca Avenue N., requested that the minimum height for detached garages be increased to 20' from the existing code of 14'. The reasons for the change is a 3-car garage is becoming far more common today than in the past, and a 3-car garage could not be built with minimum pitch and not exceed 14'. As he has viewed many houses built in Lake Elmo today that have 3-car garage attached, it is not uncommon to see 20-25' peaks. M/S/P Hunt/DeLapp - to direct the staff to investigate the ordinances for accessory buildings, such as, height of the existing attached and detached garages, size and total number of outbuildings, and the height of an accessory structure in any residential zoning district. (Motion passed 4-0). B. Senator Laidig and Representative Peg Larsen: Resolution 96-2 The council invited Senator Laidig and Representative Larsen to the Council meeting. Peg Larsen was in committee meetings until 10 p.m. and Gary Laidig never returned the City's call. Administrator Kueffner reported Dee Long will not hear any annexation bills in committee until the cities and townships, mostly out -state, resolve their differences on annexation. Because of this, the bill the City requested be heard last year, requiring both communities involved in an detachment/annexation agree to the proposal, will not be heard this year. If no bills can be heard, Administrator Kueffner felt it appropriate that there shouldn't be any annexation either and asked Representative Larsen if she would offer such a bill. Larsen said the City should formally adopt a resolution making the request. A draft resolution was provided for the Council's consideration. M/S/P DeLapp/John - to adopt Resolution No. 96-2 requesting our Legislative Representatives to offer a bill declaring a state-wide moratorium on detachmentstannexations between cities. (Motion passed 4-0). C. Resolution 96-3:Requesting Oakdale decline Armstrong Petition for concurrent detachment/annexation M/S/P Hunt/John - to adopt Resolution No. 96-3, as amended (page 3, Item 6 change locates to located; page 4, Item 10, delete "for future growth" and add "to provide for its future growth and to protect its tax base". Add whereas the DeCoster property is now owned by School Dist. 622, therefore, the DeCoster's no longer qualify as petitioners), A resolution requesting the City of Oakdale deny the petition of Thomas G. Armstrong, Thomas P, Armstrong and Jodi M. Armstrong, "The Armstrongs", and Douglas M. DeCoster and Jean F. Decoster, "The DeCosters" for annexation of certain land within the corporate limits of the City of Lake Elmo. (Motion passed 4- 0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 D. Direction to PZ on site selection for Public Works Facility The Council and Planning Commission held two workshops to determine a site selection for a Public Works Facility. Based on the input of the public, information submitted, and criteria evaluation of all the sites, the Council consensus was to direct the PZ to continue the public hearing on the Berschen site and to come back with a recommendation. The Council received a memo from Rita Conlin, February 5,1996, requesting the record to show that she is in favor of dropping the Berschen site and pursuing a purchase agreement for the Richert property because of public opposition delaying the developing of the facility and forcing the City to spend substantial funds for screening and other site development and design that in the end will still not satisfy the surrounding neighbors. M/S/P Hunt/John - that the City Council ask the Planning Commission to continue the public hearing on the maintenance site rezoning and make a recommendation to the City Council. (Motion passed 4-0). E. Recommendation from the Solid Waste Advisory Committee Administrator Kueffner reported the Solid Waste Advisory Committee met on Monday, February 5, which Sig Scheurle, Office of Environmental Asst. attended to answer questions from the public. At this meeting, the SWA recommended to keep the composting program on -going. Toddle Carlson will work with Washington County to see if there is a site within the Lake Elmo Park Preserve where we could co-operate. Kueffner will be meeting with Rob Bueberl to discuss a proposal that the City could offer through his new facility across from the Stillwater Area High School. Council member Johnston added that the SWA's recommendation was not to have a compost site in any particular place, but to apply the siting guidelines to locate a suitable site within the City for continuing the composting operation. Councilman Hunt made it clear the Council has de coupled the compost site from the maintenance facility location. Mayor John added that any maintenance site they would be looking at would be a minimum of 10 acres with potential of increasing in size. The SWA recommended that the City look again at organized collection. `If you have organized collection and a contract, you can designate where your waste goes which assures us that our waste from Lake Elmo will not go to a landfill. Because of the large agenda, this item will be discussed at the next council meeting. F. COPS FAST PROGRAM Mayor John provided a copy of the The Eagle, LECC Newsletter, indicating the COPS program, which is already a success, is in serious danger. As of now, well into the second quarter of the fiscal year, COPS has no 1996 budget. The City may have to face the fact it may have to fund the additional law enforcement officer completely out of the City budget. 5. CONSENT AGENDA:None 6. PLANNING/LAND USE & ZONING: A. North Shore Lake Elmo Land Use Overview Planner Terwedo provided a report on the North Shore Lake Elmo Land Use overview and recommendation for Shoreland Ordinance Amendment. The St.Croix Riverway regulations which are the Bluff and/Shoreland regulations for the St. Croix River deal with the issue of nonconformities through a specific section on nonconformities. Tenaedo prepared a possible amendment to our Shoreland ordinance similar to this regulation. It would allow the City to be flexible with areas such as the north shore of Lake Elmo while at the same time meeting the goal of protecting the shoreland areas. M/S/P Hunt/Johnston - to direct the Planning Commission to review the amendment to shoreland ordinance Section 308.070 B. Additions/Expansions to non -conforming structures and to investigate an overlay district for the Old Village area and come back with a recommendation to the City Council. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 B. Variance Request:David Schwarz, 10961 32nd St The Council received letters from Steve and Elizabeth Johnson, 2945 Lake Elmo Avenue N.; Kurt and Kate Vanden Branden, 11008 32nd St.; and Robert Fodness, 10920 32nd St. N.; supporting the efforts of Dave and Mary Schwarz to make improvements to their home in their neighborhood. Planner Terwedo reported that in comparing the Schwarz variance request to the literal interpretation of the Shoreland ordinance would be a recommendation for denial. However, the Shoreland ordinance fails to deal with the nature of nonconforming uses which, if expanded, would not greatly impact the shoreline, The shoreline as viewed from the lake during the summer months and especially, the septic system. This is an "old" area and the existing septic system can accommodate the expansion. M/S/P John/Hunt - to grant the variance to the side yard set back to David and Mary Schwarz, 10961 32nd St., for the purpose of building an addition based on the following findings of fact: (Motion passed 4-0). 1. The applicant's home is located in a part of the Old Village where special historical conditions apply. 2. The lot size and shape were established before the City adopted its 1 acre, and subsequently 1.5 acre minimum lot sizes. 3. Literal interpretation of local codes prevents the applicants from increasing their bedroom size, but not the number. 4. The special circumstances are not a result of the applicants own action. Applying a 1.5 acre minimum standard to all Lake Elmo homes makes a number of other homes non -conforming with no prospect of enlargement. 5. Granting of the variance will not confer a special privilege on the applicant. Denial would permit others in adjacent properties, who had already received variances to enjoy a special privilege. 6. The variance requested is the minimum needed to relieve the hardship. 7. Granting of the variance is not materially detrimental to the purposes of the Ordinance. 8. The view from the lake is not materially affected. 9. The DNR, which reviewed all variances in the shoreland area, does not have a concern with granting the variance. 10. The existing septic system can accommodate the expansion. C. Case No. ZAM/V/96-3 Lake Elmo Inn Rezoning from R1 to GB In order for the Lake Elmo Inn to develop their addition, a rezoning is requested for 3466 Lake Elmo Avenue from R1 to GB. The Planning Commission held a public hearing on January 22, 1996 and recommended approval. M/S/P Hunt/DeLapp - to adopt Ordinance 8129, An ordinance amending Section 301.080C Zoning District Map of the 1979 Municipal Code of Lake Elmo rezoning 3466 Lake Elmo Avenue N. from Residential (R-1) to General Business (GB) based on the Planning Commission's recommendation and the findings in the City Planner's review. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 5 D. Case No. ZAM/W96-3 PUBLIC HEARING:Lake Elmo Inn Variance Request The public hearing notice was published in the January 17, 1996 Stillwater Gazette Extra and the surrounding properly owners were notified. Planner Terwedo reported the expansion of the Lake Elmo Inn includes expanding the dining room by 34 seats, adding a small banquet facility serving 18, improving the kitchen facilities, septic tanks, improving the buffet area and improving the access and entrance to the building. In his letter dated January 22, 1996, City Engineer Larry Bohrer reviewed the engineering features of drainage and septic system capabilities. If delivery trucks use 34th Street, Bohrer indicated heavier tank covers need to be used. Chris Wichser, Wichser and Herretd Architects, provided a presentation on the proposed expansion and parking area. Mayor John opened up the public hearing at 8:23 p.m. in the council chambers. Jim Wright, Lake Elmo Postmaster, stated parking is already a problem and with a bigger Inn it will even get worse. The 15 minute parking rule is not enforced. He has four parking sites and has received complaints those sites are always full. Something should be done about the terrible parking situation. Sue Kelly, Lake Elmo Horse Emporium and Feed Mill, said that she has asked the trucking companies to stop making deliveries during peak business hours (between 11 and 2). Bruce Dunn stated he is not against the proposal, but has a concern on the parking. He suggested signs posted on the Lake Elmo Feed Mill Building indicating: (a) no parking during Feed Mill Business hours (specify hours), (b) non -business hours parallel parking only and (c) signs posted on Feed Mill property (east of Feed Mill loading dock) indicating no parking during Feed Mill hours. Penny Demko, Lake Elmo Floral, indicated the businesses downtown are working together. There is no quick solution and wouldn't want the City to hold up the expansion. Lake Elmo needs a downtown and without businesses, there would not be a downtown. Steve Bachman indicated he will be relocating his business to Lake Elmo and will have 35 employees. Lake Elmo Inn is a vital part of the Old Village business community. Todd Williams, 3025 Lake Elmo Avenue N., was not opposed to the concept, but felt the proposal should not be approved until the parking issue is dramatically improved. John Schiltz responded that he is aware of the downtown parking problem and knows that his customers sometimes have to walk several blocks to get to the Inn because of parking. As soon as he can afford it after the expansion, he will tear down the Lohman house, which he has purchased, and pave that tract of land which will solve both the City's parking problem and his own. His starting date for construction is March 3rd. Letters were received from Bob Hagstrom, Joshua Taylor Building, and Mel Vagle, Rovak, supporting the addition and offering additional evening parking in employee parking lot. A letter was received from Bruce and Susan Dunn, with suggestion on how the existing parking congestion can be resolved by mutual co-operation by the owners and residents on Upper 33rd St. N. Mayor John closed the public hearing at 8:50 p.m. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 Councilman DeLapp pointed out the code states the council is to review preliminary drawings prepared by an architect with accurately scaled dimensions, materials proposed, lighting, and site plan, and we should start following our code. M/S/P Hunt/John - to grant the (5) variance requests as outlined in the City Planner's review to Kathy and John Schiltz/Lake Elmo Inn for purpose of expansion based on the findings stated on Page 3 of City Planner's report, dated February 6, 1996 and include by the City Council a site and plan review. (Motion passed 4-0). M/S/P HunUDeLapp - to direct the staff to place on the agenda within the next two meetings an item to review the parking situation in the Old Village under Unfinished Business and this could be publicized in the business community, and receive input from Washington County Public Works and Washington County Deputies on enforcement of the 15 minute parking regulation. (Motion passed 4-0). E. Case No. VAC/96-2 PUBLIC HEARING:Street Vacation of 25th St. & Lisbon Ave The public hearing notice was published in the January 17, 1996 Stillwater Gazette Extra and all affected property owners were notified. Planner Terwedo reported the City has received a petition for the vacation of the unimproved right-of-way designated as 25th Street in Eden Park 1; the unimproved portion of Lisbon adjacent to Lot 7, Block 1 and Lot 1, Block 2 Eden Park based on three areas of concern, safety, crime and property values. In 1993, the City approved a minor subdivision for an 11 acre parcel abutting Legion Avenue N. and the other a 32.27 acre parcel abutting Manning Avenue. It is not known what type of development may occur on the property in the future. Street easements are a benefit to a community because they leave options open for future planning of adjacent properties. Terwedo recommended that the section of 25th Street and Lisbon Avenue remain as platted streets until the land to the north is developed. Mayor John opened up the public hearing at 9:15 p.m. in the Council chambers. Tim Mandel, 2479 Lisbon Avenue N., stated if 25th Street and Lisbon would be developed he would be looking at a race track with his house in-between it. This would not come into compliance as far as the rural look or what the Design Team wanted. There is a safety concern on traffic because many homes have driveways that are blind when backing out. In the 1980's there was flooding in this area and any more runoff would flood out people's homes. Gay and James VanPelt, 2461 Lisbon Avenue, stated this could be delayed until the property is developed, but she couldn't see any benefit to the property owners on the north. We would also be loosing huge mature hardwood growth span. James Egan, 2410 Lisbon Avenue N., didn't see any advantage to opening it up. I like my neighbors, but people from 44 lots driving by my house on Saturday to get to Stillwater, which is the shortest way, is a lot of traffic. Rebakah Ronchetti, 2470 Lisbon Avenue N., felt if Lisbon and 25th would be developed we would have roads in front of our homes, in back of our homes, and some of us have would have roads alongside our homes which would be a detriment to property values. Marvin Kloetzke, 2415 Lisbon Avenue N., could not see any advantage in keeping the easements. Gary Johnson, owner of the 32.27 acre parcel, cannot predict the future, but now his land is zoned RR which would entitle him to three 10-acre parcels. When he received his minor subdivision in 1993, the City requested road and utility easements and these easements should remain. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 Jolene Henning, owner of the 11 acre parcel, stated she doesn't know what she wants to do with the property, and she didn't see any reason to vacate the easement. She requested the City wait and deal with them when a a development is proposed. Mayor John closed the public hearing at 9:45 p.m. Attorney Filla reported in 1993 when Parcel A and B were created, the Council required a dedication for the north half of 25th Street. This particular petition would only cover the south half of 25th Street because that is the only part that was dedicated with the development of Eden Park. There was a condition attached when the minor subdivision was granted; that there be no further subdivision of Parcel B until such time as there is improved public access available for Parcel A. By vacating this particular segment without considering the impact upon Parcel A and B and conditions attached to the minor subdivision of A and B, and easements granted to the City as a result of that subdivision, you would not be solving the problem. There is still the other half of the road to deal with so this may be premature. The City needs to make a finding that this roadway is no longer necessary for public purposes in order to vacate and three votes are required. M/S/P Hunt/DeLapp - to deny the petition to vacate the easements for 25th Street and Lisbon Avenue and when the cluster ordinance is completed the City will notify the residents and revisit the conditions on Parcel A had linked to Parcel B for development and if it is appropriate to proceed under those conditions with a vacation of any of the easement. (Motion passed 4-0). F. Conditional Use Permits Annual Review Jim McNamara, Building Official, reviewed all the permits and sites. All CUP's are in compliance with the exception of those in litigation, A letter was sent to all individuals with existing permits and two responded to the letter, Trans City and Len Hanson. Len Hanson, 10824 Hudson Blvd. N., explained he received a letter from the City that he is not in compliance with the conditions of his Conditional Use Permit because there is an illegal use of a multifamily dwelling occurring on this property. Mr. Hanson gave a brief history of his property and maintains he has General Business zoning. Attorney Filla responded the issue is --are you using the property consistent with the City's regulations. If not, he will have to ask the City for a rezoning or to change their regulations. It is not permissible to create a fourplex because there is nothing else you can do with the property. What is there now is a multifamily use that doesn't belong in Ag Zone or Limited Business zone if it has been created by the property owner without the City's consent. M/S/P Hunt/John - to review the Len Hanson property at the March 5th council meeting with the background information and a recommendation. Attorney Filla will provide a memo on the background which leads up to the litigation and the issues involved. (Motion passed 4-0). Shafer Contracting:Several council members noted that Shafer's street cleaning system is poor. There are frequent occasions where dirt stays on the road for days before it is cleaned up. M/S/P John/Hunt - to direct the staff to express our concern on maintaining the cleanliness of Jamaca Avenue to Shafer Mining before the start of the new construction season. (Motion passed 4-0). G. Wind Generator Ordinance Planner Terwedo reported, as directed by the City Council, the Planning Commission has prepared a wind generator ordinance for council review and comments. The Council reviewed the regulations for wind generators and made several revisions. Attorney Filla suggested this item not run with the land, but to look at each by applicant basis. That is why we are looking at a permit of some type rather than a conditional use permit. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 8 M/S/P Hunt/DeLapp - to direct the staff to prepare a final ordinance and amendments to the Lake Elmo City Code and hold appropriate public hearings and direct any Council members, Planning Commission, staff, submit comments to the planner for inclusion into the ordinance. (Motion passed 4-0). H. Antennas/Towers Ordinance Planner Terwedo reported in review and preparation for the ordinance regarding wind generators, an ordinance was prepared to regulate antennas and towers. The ordinance, as presented, allows antennas by a conditional use permit in any zoning district subject to the regulations as outlined. The Council reviewed the DRAFT ordinance and made changes. Attorney Filla will investigate if the FAA regulations should be added to site plan. M/S/P Hunt/DeLapp - to direct the staff to prepare a final ordinance and amendments to the Lake Elmo City Code and hold appropriate public hearings. (Motion passed 4-0). Agricultural Subcommittee Draft Ordinance Planner Terwedo reported the City Council directed the Agriculture subcommittee to prepare a draft ordinance for uses on agriculture lands. Lee Hunt, Bob Helwig, and Planner Terwedo met on January 16, 1996 and reviewed the DRAFT ordinance. The ordinance applies specifically to large farms over 40 acres in both the AG district and RR zoning districts. M/S/P Johnston/John - to direct the Planning Commission to review and comment on the Agricultural and R-R Zoning District uses by Conditional Use Permit and ask the staff to send the PZ the minutes of the Ag subcommittee and request Councilman Hunt to appear at the meeting for any explanation. (Motion passed 4-0) J. Update on Saturday's Workshop Planner Terwedo reported that the workshop on Saturday, February 10, 8 a.m., will be held at the Fire Hall. Property owners will present their concept plans. 8. CITY ENGINEER'S REPORT: A. Drainage Problems on 45th Street/Lake Jane Trail/Jane Road The Council received a letter from Larry Bohrer, dated February 2, 1996 on drainage concerns at Lake Jane Trail and Jane Road. In the letter, Bohrer states that at the rezoning hearing for the proposed Public Works Facility, residents on Jane Road complained about a drainage problem that had been alleged to have been going on since 45th Street was constructed in 1984. The properties and owners alleged to be affected are James Friend, 9498 Jane Road and Pano Petrellis, 9436 Jane Road. Bohrer met with the affected property owners and found since the land gradually slopes to the south, a berm could be constructed on the west line of the powerline easement to direct the runoff to the 45th Street road ditch. The water would then run along the south line of Friend's lot to Jane Road. Bohrer believed a berm was constructed by Forest Lake Contracting in 1984, but may have since been overtopped and eroded through. If the Berschen's site were selected for the new Public Works facility, this berm could be incorporated into the other site grading work to be done on the site. If the site is not chosen, the City will have to determine if it has any responsibility for regrading if erosion has since occurred. Bohrer suggested the City could decrease the size of the drainage area, restore the vegetation on the slope and with some berming control the direction of the water. We could not eliminate water from running through there. The ditch and the culvert can be cleaned out in the Spring. 9. CITY ATTORNEY'S REPORT:None LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 10. UNFINISHED BUSINESS: 11. CITY COUNCIL REPORTS: Mayor John attended the following: Open forum on Social Outcomes for Our Community as it enters the 21st century held at the Washington County Government Center; Discussion on affordable housing at the Landmark Center; Sensible Land Use Coalition meeting at the Minneapolis Convention Center; and the St. Paul Mayor's reception recognizing the Winter Carnival Torchlight Parade. 12. CITY ADMINISTRATOR'S REPORT: A. Employee Assistant Program (CDL.) The Council received a copy of a brochure from "The Sand Creek Group" an organization based in Stillwater with expertise in Employee Assistance Program. Administrator Kueffner drafted an Alcohol and Drug Testing Policy to comply with the Federal Omnibus Transportation Employee Testing Act. Doug Lindamood, a Sand Creek Group representative, reviewed this policy and found it complies with all federal regulations. M/S/P Hunt/John - to adopt the Alcohol and Drug Testing Policy to comply with the Federal Omnibus Transportation Employee Testing Act and Related Regulations; and further to contract with the Sand Creek Group to implement this program as well as an Employee Assistance Program at a cost not to exceed $1,000. (Motion passed 4-0). B. Monthly Allowance for cellular phones for Maintenance Dept. Administrator Kueffner reported three of our maintenance crew purchased cellular phones with their own money a couple of years ago. Although these phones are used for personal calls, they are also used by all three while on the job. It is not always possible to contact any of the three over their truck radios. Kueffner recommended that Dan Olinger be provided a $25 monthly allowance and Mike Buckles and Rick Gustafson be provided $10 monthly allowance. When it was noted the Fire Department is reimbursed for all their cellular phone expenses, the Council questioned when did this policy start. M/S/P Hunt/Johnston - to approve a $25 per month allowance for Dan Olinger and a $10 per month allowance to Rick Gustafson and Mike Buckles for the job -related expense for their cellular phones. (Motion passed 4-0). M/S/P Hunt/Johnston - to direct the Maintenance Advisory Committee to look into a cellular phone use policy for the Fire Department, Maintenance and Parks Department. (Motion passed 4-0). C. Animal Contract and Vehicle The Council tabled action on approving a direct payment to Mike Smith, our animal control officer, for providing a vehicle for animal control services in the City. The Council wanted more information about North St.Paul. Administrator Kueffner reported that although, Lake Elmo pays, per capita, almost twice as much as North St. Paul, the fact remains that a vehicle is needed to perform animal control services in Lake Elmo. North St. Paul has twice the population as Lake Elmo, but about 80% less land to cover. Lake Elmo has half the population of North St. Paul, but 80%, more land to cover. Mike Smith's base wage is $450.00 or $10.38 per hour in Lake Elmo M/S/P Hunt/DeLapp - to direct the staff to enter into a contract for animal control services and vehicle allowance as proposed at the February 6th Council meeting. (Motion passed 4-0). D. Ordinance Regulating Dangerous Dogs & Potentially Dangerous Dogs Administrator Kueffner provided a draft ordinance proposed to regulate dangerous and potentially dangerous dogs within the City. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 10 The Council received a letter from Eldon Smith requesting that a potentially dangerous dog ordinance get on the books so it can be enforced. M/S/P DeLapp/Johnston - to adopt ordinance 8130, as amended, adding Section 1330 "Regulating Dangerous and Potentially Dangerous Dogs; to adopt the Potentially Dangerous and Dangerous Dog Procedures; to approve the Notice to Declare Dog Potentially Dangerous and Notice to Declare Dog Dangerous; and to approve the Dog or Animal Bite Report/Impounding and Quarantine Notice. (Motion passed 4-0). E. Request for contribution from Oakdale/Lake Elmo Historical Society The City received a letter from Louise Friedrich, on behalf of the Oakdale/Lake Elmo Historical Society, requesting a $1,750.00 contribution from the City for estimated expenses for the Society's exhibition expenses at the Historic Courthouse from March 31 to August 2, 1996. The City was also made aware of the gift (approx. 22 binders, 9 file boxes of historical documents, 1 box of historical pictures) Louise Friedrich has made to the City. Ms. Friedrich has a concern that the Society now refers to the documents as "theirs". Kueffner suggested the City Attorney review the "gift" agreement so we do not lose control or possession of these documents. M/S/P Hunt/John - to approve the request of the Oakdale/Lake Elmo Historical Society for a $1,750 donation as stipulated in their letter of January 22, 1996 out of Council contingencies. (Motion passed 3-1:DeLapp: What is the cost per resident --how many Lake Elmo residents are going to attend this). M/S/P Hunt/DeLapp - to direct the City Administrator to attempt to locate the City's property as defined in Louise Friedrich's "gift" statement dated June 7, 1993 and attempt to reclaim property into the City's control. (Motion passed 4-0). F. Purchase of Copier, Facsimile and Color Copier A quotation was received from D.C. Hey for replacement of our current copy machine and facsimile and a new color copier. Bids were not solicited on these items because D.C.Hey is a Government Sales Agent and we would not be able to get a better price from anyone else. The total package is $20,584.25 for all three pieces of equipment and the City budgeted $21,000 to replace the copy machine. M/S/P Hunt/John - to approve the purchase of a Sharp SD-2060 copier system, a Sharp FO-3350 Facsiimle and a Cannon CJ-10 Color Copy System for $20,584.25 plus sales tax ($1,337.98) for a total of $21,922.23 which is within the budgeted amount. (Motion passed 4-0). G. Insurance Renewal The City received a quotation for the City's insurance for 1996/97 from Zignego Agency Inc. The premium has actually gone down $1,955.00. The City must make a choice every year if it wants excess liability of an additional $1,000,000 coverage and the additional coverage for alleged Open Meeting violations. The City has never taken the excess liability, but has taken the additional Open Meeting coverage. M/S/P John/Johnston - to approve the payment of $30,451.00 for 1996/97 including coverage for Open Meeting Laws as quoted in the February 6, 1996 memo from Zignego Insurance; further that the City declines the excess liability option. (Motion passed 4-0). H. Fire Department Study The City Council declined the offer from Elert & Associates to do a Fire Department Study for the City in the amount of $3,955.00 LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 6, 1996 11 Tri-Lakes Sign Administrator Kueffner explained the City's ordinance prohibits the location of the Tri-Lakes sign in the right-of- way by the Revoir property. Mr. Revoir said he wants the sign down now and suggested the Tri-Lakes Assoc. can cut the sign down and he will pull the stakes up and resod in the Spring. Kueffner recommended that the City give the Tri-Lakes Assoc. 10 days to take the sign down or we will have the City's maintenance crew take it down. Mayor John will contact Joe Kiesling, President of the Tri-Lakes Assoc. M/S/P Johnston/Hunt - to accept the City Administrator's recommendation and implement, if after such time as the Mayor has made contact with the President of the Tri-Lakes Assoc. to have the sign removed no later than February 10, 1996. (Motion passed 4-0). M/S/P Hunt/John - to adjourn the council meeting at 12:15. (Motion passed 4-0). ---------------------------- Resolution 96-2 requesting our Legislative Representatives to offer a bill declaring a state-wide moratorium on detachments/annexations between cities Resolution 96-3 requesting Oakdale decline Armstrong petition for concurrent detachment/annexation Ordinance 8129 rezoning 3466 Lake Elmo Avenue N. from Residential (R-1) to General Business (GB) Lake Elmo Inn Ordinance 8130 Regulating Dangerous and Potentially Dangerous Dogs Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. LAKE ELMO CITY COUNCIL MEETING FEBRUARY 6, 1996 7:00 p.m. MEETING CONVENES Pledge of Allegiance I.AGENDA 2. MINUTES: January 16, 1996 3. CLAIMS 4. PUBLIC INFORMATIONAUINQUIRIES: A. PUBLIC INQUIRIES B. Senator Laidig and Representative Peg Larsen: Resolution 96-2 C. Resolution 96-3:Requesting Oakdale decline Armstrong Petition for concurrent detach ment/an nexation D. Direction to PZ on site selection for Public Works Facility 5. CONSENT AGENDA: 6. PLANNING/LAND USE & ZONING: A. North Shore Lake Elmo Land Use Overview B. Variance Request:David Schwarz, 10961 32nd St. C. Case No. ZAMN/96-3 Lake Elmo Inn Rezoning from R1 to GB D. " " PUBLIC HEARING:Lake Elmo Inn Variance Request E. Case No. VAC/96-2 PUBLIC HEARING:Street Vacation of 25th St. & Lisbon Ave. F. Conditional Use Permits Annual Review G. Wind Generator Ordinance H. Antennas/Towers Ordinance I. Agricultural Subcommittee Draft Ordinance J. Other (Over) LAKE ELMO CITY COUNCIL AGENDA FEBRUARY 6, 1996 7. PARKS/MAINTENANCE DEPARTMENT: 8. CITY ENGINEER'S REPORT: A. Drainage Problems on 45th Street/Lake Jane Trail/Jane Road B. Other 9. CITY ATTORNEY'S REPORT: 10. UNFINISHED BUSINESS: 11. CITY COUNCIL REPORTS: A. Mayor John B. Council Member Conlin C. DeLapp D. Hunt E. Johnston 12. CITY ADMINISTRATOR'S REPORT: A. Employee Assistant Program (CDL.) B. Monthly Allowance for cellular phones for Maintenance Dept. C. Animal Control Contract & Vehicle D. Ordinance Regulating Dangerous Dogs & Potentially Dangerous Dogs E. Request for contribution fro Oakdale/Lake Elmo Historical Society F. Other 13. ADJOURN