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Home My WebLink About01-6-2009 council packetV ' LC City of Lake Elmo 3800 Laverne Avenue North January 6, 2009 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Johnson D. APPROVE MINUTES: 1. December 9, 2008 E. OATH OF OFFICE for newly elected members of Council. F. Adjourn Park Smith City of Lake Elmo 3800 Laverne Avenue North January 6, 2009 7:15 p.m. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Emmons Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Council adopted for doing its public business.) G. APPROVE MINUTES: None H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. 1. Recognition of outgoing Council Member I. CONSENT AGENDA: (Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. Announce 2009 Board of Appeal and Equalization Meeting 4. Authorize hiring of Kevin Kuperschmidt as a temporary seasonal public works employee for the rink 5. Approve tort liability as part of LMCIT insurance package 6. Authorizing signature for payments of funds from the Lake Elmo Bank, Resolution no. 2009-001 7. Adopt 2009 Calendar of City Council Meetings and Workshops 8. Approve issuance of RFQ for Income Determination Consultant to utilize CDBG for gas line replacement project in Cimarron J. REGULAR AGENDA: 9. Organizational Meeting: a. Election of Acting Mayor b. Designation of legal newspaper c. Designation of official depositories for 2009 d. Appointment of City Engineer e. Appointment of City Attorney 10. Consider adoption of a moratorium on the construction or alteration of new or existing wireless telecommunication towers. 11. Engineering Status Report — A report on the status of active engineering activities and the 2009 engineering program goals and objectives K. REPORTS AND ANNOUNCEMENTS: Mayor and Council members L. Adjourn City of Lake Elmo City Council Minutes December 9, 2008 Mayor Johnston called the meeting to order at 7:00 p.m. Present: Mayor Johnston and Council Members DeLapp, Park and Smith Absent: Council Member Johnson Also present: Planning Director Klatt, City Attorney Filla, City Engineer Griffin, Finance Director Bouthilet and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member DeLapp moved to approve tZe December 9, 2008 City Council agenda as amended by adding Item IL Update on Interim=City Administrator. Mayor Johnston second the motion. The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The December 1, 2008 City The December 3, 2008 Spec PUBLIC approved by consensus. were approved by consensus. Tom Mechelke, 9090 Jane Road N with the economy what it is, he asked that the City be more prudegt- with the budget and fry to save money. After watching the council meetings on cable lie asked the -.Council to try to work with each other and listen to the veteran Council ru f er. _ CONSENT AGENDA: MOTION: Council Member Park moved to approve the consent agenda as presented. Council Member DeLapp second the motion. The motion passed unanimously. • Approve payment of disbursements and payroll in the amount of $106,377.20 • Approve Abdo, Eick & Meyers, LLP for the audit of the 2008 basic financial statement of the City LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 REGULAR AGENDA: 2009 Property Tax Levy Finance Director Tom Bouthilet asked the City Council to consider adopting the final 2009 property tax levy. The certificate to the Washington County Auditor will be as follows: General Fund Levy $2,332 130 2004 G.O. Capital Improvement Plan Bonds 319,885 2006 G.O. Equipment Certificates of Indebtedness 56,188 Total $2,708,203 Council member DeLapp questioned the use of consultants to do, -.I work for the City. MOTION: Council Member Park moved to approve Resolution no. 2-008-059 Adopting final property tax levy in the amount of $2, 708, 203 Council Member Smith second the motion. Mayor Johnston and Council Members Smith and Park votedxfovor of the motion and Council Member DeLapp voted against. Adoption of 2009 Budget Finance Director Tom Bouthilet asked the (ity Council to consider adopting the final 2009 General Fund Budget. The proposed overall City 2009 budget includes the general fund, special revenue funds, debt service funds, capital projects funds, enterprise funds, and a draft five year caprtal,iinprovement plan (IP). Overall 2009 general fund expenditures are budgeted at$2,892;a60, or a-1.4% decrease from the amended 2008 general fund budget.. Council Membo DeLapp qud9tioned`the expenditures for park shelters and wanted to revisit the 2009 udi4et because it does not reflect the U.S, economy. Mayor Johnston stated the.Cfty has a barebones budget and maintains the lowest tax rate of any City its size. MOTION: Council Member Park moved to approve Resolution no. 2008-060 adopting the 2009 General Fund Budget in the amount of $2, 892, 060. Council Member Smith second the motion. Mayor Johnston and Council Members Park and Smith voted in favor of the motion and Council Member DeLapp voted against. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 Presentation by the St. Croix Valley Community Foundation Jill Shannon, Director of Community Partnerships, provided a presentation on the St. Croix Valley Community Foundation about its purpose, programs and activities of the foundation. The Foundation requested funding ($1,844, based on a per capita formula) for an art survey to do in the greater St. Croix Valley communities. MOTION: Council Member Park moved to table the request for funding for an art survey for reconsideration in a month. Council Member DeLapp second the motion. The motion passed unanimously. V-Box Sander Purchase Mike Bouthilet, Public Works Superintendent, asked the City Council to approve the purchase of the V-Box sander (sand and salt spreader) in the amount of $5,459.83 (tax included). A request was made at the meeting to purchase a Boss Blade wing kit and tuck side mount in the amount of $2,139.99 from Aspen equipment. The -Maintenance Advisory Committee recommended approval of the.purchase and funding is available in the current CIP. MOTION: Council Member Smith moved to approve the purchase of a Henderson Pickup Spreader-Lite sand and salt spre er-in the amount of $5, 459.83 (tax included) and a Boss Blade Wing kit from Aspen Ejl'ment m the amount of $2,139.99 (Tax included) with funding coming out of the cu rent:CIP. fCouncil Member Park second the motion. The motion passed unanimously Planning Director, KyleK1att, asked the City Council to consider amendments to the wireless telecommunicatronstower-ordinance. The change in requirements in the ordinance would allow for more flexibility in citing the towers. MOTION: Council -Member Park moved to approve Ordnance no. 08-011 based on the reasons cited by the PlanmMg�director in his report dated December 9, 2008. Mayor Johnston moved to second the motion. Mayor Johnston and Council Members Park, and Smith voted in favor of the motion and Council Member DeLapp voted against the motion. Further consider a recommendation related to an application for a wireless 125 foot telecommunications tower permit for 9057 Lake Jane Trail N. Planning Director, Kyle Klatt, asked the Council to consider a request from FMHC Corporation to construct a 125-foot wireless telecommunications tower at 9057 Lake Jane Trail. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 Tom Mechelke, 9090 Jane Road N., expressed his dismay having to look at the tower especially when viewing vistas across Lake Jane from Sunfish Lake Park. Other residents cited the negative aesthetic aspects of the tower which would be seen from around Lake Jane and Sunfish Lake Park, Ron Obermueller, 8696 N. 42nd Street, offered suggestions as to where the tower could be placed and how the same coverage could be gained with two smaller towers which wouldn't dominate the landscape. Jean Olinger, 9057 Lake Jane N., noted all the change that she and her family had experienced while living on their property for thirty years. During that time the Olinger family did not oppose such changes in the neighborhood Marla Hokin, real estate and zoning manager for T-mobile, explained the company approached the city six months ago and was told that thqvas no:_city property appropriate for the tower which is why the company sought out private sites. Council Member Smith said she would prefer toiork with Tmobile officials for an additional 60 days to explore alternative sites for the_tow6w including nearby City property. Council Member Park stated that applicar City an application in good faith and they acted upon. Mike Pearson, 2805 Lis Council Member Park's the process. State statute deadline was Ddbem discussion with T-M details that go into b mobile agreed to the is Olinger, had presented the that request reviewed and ring commission member, supported applicant is not getting a fair deal in t on such an application within 120 days, the city's Council discussed using 60 days to continue a and staff on the placement of the cell tower and the r. Mark Holm, real estate and zoning manager for T- for a 60-day extension. MOTION: Council Member Smith moved to table until February 9, 2009 the application to construct a wireless telecommunication tower at 9057 Lake Jane Trail in order for the staff and T-mobile officials to discuss the location and design. Council Member DeLapp second the motion. Mayor Johnston and Council Members DeLapp and Smith voted in favor of the motion and Council Member Park voted against. Consider setting a public hearing to establish a moratorium on the construction of a new wireless telecommunications towers — Not Discussed LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 4 Interim use permit — E&E properties Terry Emerson applied for a zoning change and a permit to allow E&E Properties to place'a commercial terminal for semi trucks on property he owned at 11530 Hudson Blvd. The Council approved the zoning change Emerson needed before he can allow a client to convert the site. The use is an interim use, until city sewer and water is available at the site. MOTION.- Council Member Smith moved to adopt Resolution no. 2008-057 approving the interim use permit to establish a truck terminal at 11530 Hudson Boulevard. Council Member Park moved to second the motion. The motion passed unanimously. Surface water management system plans City Engineer Jack Grifffin asked the City Council to the preparation of the local transportation and surface complete the 2030 Comprehensive Plan updates. The: complete the minimal requirements of the Metro. olio watershed district to comply with the given deadlines, basis of the current land use plan adopted in 2005. MOTION. Council Member DeLapp execute Authorizations with TKDA to Management System Plans in the esti second the motion. The motiion-passe Mayor Johnston Dawson. Back Pfize�-,TKDA to proceed with r systehi plans necessary to of these authorizations is to s System Statements and will be completed on the prize the'Acting City Administrator to "ransportation and Surface Water of $69,100. Council Member Park employment agreement has been sent to Craig completed by December 12tn There was discussion on the proposed changes to the employment agreement submitted by Council Member DeLap'The proposed changes to the employment agreement did not receive Council approval. The meeting was adjourned at 10:25 p.m. Respectfully submitted by Sharon Lumby, City Clerk LAKE ELMO CITY COUNCIL MINUTES DECEMBER 9, 2008 City Council Date: 01/06/2009 CONSENT Item: 2 ITEM: Approve disbursements in the amount of $273,902.14 SUBMITTED BY: Tom Bouthilet, Finance Director Claim # Amount Description ACH $ 11,862.65 Payroll Taxes to IRS 12/18/08 ACH $ 2,034.80 Payroll Taxes to Mn Dept. of Revenue 12/18/08 ACH $ 6,929.72 Payroll Taxes to IRS 12/31/08 ACH $ 1,104.90 Payroll Taxes to Mn Dept. of Revenue 12/31/08 DD 1955-DD 1983 $ 28,110.19 Payroll Dated 12/18/2008 (Direct Deposit) 33622-33639 $ 8,536.54 Payroll Dated 12/18/2008 (Payroll & Benefits) DD 1984 DD 1997 $ 19,951.62 Payroll Dated 12/31 /2008 (Direct Deposit) 33640-33642 $ 4,356.06 Payroll Dated 12/31/2008 (Payroll & Benefits) 33643-33713 $ 191,015.66 Accounts Payable Dated 01/06/2009 Total: S 273,902.14 SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of $ 273,902.14 Y C ON OtO vtNOC�n-inM V bh 00hOONPNOO�-Nbh--•NO N h y'N b P M h GO 00 PLO �O �nMh l��-Pin--00NON�+�OP W 00 OCt O �n 0M1 P V; 16PPvi W d'�O h� V�iD GU ch oo RCN d\N �riN�Ma-• y Vi m�flN O M `D b fO ryry M h O M ^• C h VI I^ W P O lD M H O d' M M d' d' Yl GO O M N d' P �a h h N N et N O •-+ --h �O N f'' M b N N N a0 �D - d' r� •- Vl 00 UUV�UUUUUUUU V 'r e e Y' Y�2 i2 y O g p O tl g N U •E •C � � � +�- C C G E C C G C 'E •E •E o a E E EE b a v a _ o 2 o 'a'e'aaaRNyxyxxyx.xv U 'L7 fY x ti, .9 �o�C �4<QQg,e g g g g Lc�f o0000 a��i t, 00�00 d0000nn C:l a00 >,F FFFY• ;m w x:2Y FFFFF FFIx- F.��-• FFF FF--U ✓�' cii fig WuL�tll� m m m cnm 0 0 0 c o o VU� •q ;g U U V_ 4 U_ V u U V U CUµI U_ q b V 4 y y y _V [V E a E E E 8 E E E c0 cG oD 01! bq oq W bD bA eq cA m otl cD cp ou au W a a a R a tl 0 0 0 o 0 o O 05 U U U U U U •C �� .W�W .� .� .ai . .� C � `u yC a�i � Vi fn m t%, Y� d wamwwwwwwwwww www�00oo 3�r333 333 e U pp ❑ C C E G C C G C C C F C �^ E E 44 it. a p.�^ u a 4� >> U Y i> n C m w ci aJ eji ,U_', c C c a U�•• C K > � "'"'. 4J N d] V W N N 4' w tC V q U U U N U N N N U q �ca00000'�iU�c�Uc�Uc��c�oUc�c�3 ^� ooao0oao00000000000000000 o0K:2 000 0 n u �N$^J N�^1NNNN NLV N (VNN\1 N[�1^N(VNNt^V Ntil NN NN` � �O 0--- a U O O O O O O O O O O O O O O O o 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 O N N N N N N N N N N N N N N N Z -- ^ - h hmm In II hh h h+h hr h h h h•IDbb b IO hmhh hh h inh h M M M M M M M M I' M m M m M M I M M M M M M M M M m M M M M M M M M M M M M M M M M M M M M M M fM1 [h m M M M M M M M N u M M y 4 s O Q c� U V � W .Q n M M c0 �Y n op b N n -oo000 V nr1000n00hOOO nO,pN V C^ M v1o6 ONPNN 00 cY cl b oop YlO MhNP nOh d'r�M h4n �nrOO W t^OviON<-LLM '<! � GD a:--4 -ibhNh'V- a h1'1 v1nO N n ,D h h O M ND n ti P W h VI pp N N n V— GO M M W W 00 Y' of N vl N O O h N vl h O O N N c0 u Z H Q ll C E' E bgII CFF G m d¢ E G G u 5 cn d) � Q V 4NY'U as G L mCi MEOm �a (i .hj G ,y�f% 94 E c a a a 6'b a, �ui Ali w w 6b a' v°'. y' d q i; d o0 = .? 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P r r n o r oo E' �I' P 01 0 0^ o o Yl W W� iV .o iO K+�D �Dr VJWV �DV V' rrrh r�o M M M M M M M M M M M M M M M t+l M M M M M M u w 00 City Council Date: January 6, 2009 CONSENT Item: 3 Motion ITEM: Announce 2009 Board of Appeal and Equalization Meeting SUBMITTED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: The city council is being asked to attend the Lake Elmo Board of Review at city hall on Wednesday, April 29, 2009 between the hours of 5:00 and 7:00 p.m., for the purpose of reviews and correcting the assessment of said Real Estate for the year 2009. The 2009 Assessment Report will be delivered to the City prior to the board meeting, SUGGESTED MOTION FOR CONSIDERATION. - Announce April 29, 2009 as the date of the 2009 Lake Elmo Board of Review. City Council Date: 1 /6/09 CONSENT Item: 4 Motion ITEM: Authorize hiring of a temporary seasonal public works employee for the rink SUBMITTED BY: Mike Bouthilet, Public Works Superintendent REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to hire Kevin Kupferschmidt, who held this position last year, as a warming house attendant. His duties include: monitoring the play activities, sweeping, shoveling and flooding the rink. The Council needs to make this an official hire until the end of the skating season. (approx. late February) Staff Recommendation: Staff recommends hiring Kevin Kupferschmidt as a warming house attendant at the pay rate of $9.25 hour Suggested motion for consideration: Move to hire Kevin Kupferschmidt as a temporary seasonal public works employee for the skating rink at the pay rate of $9.25/Hour. City Council Date: 01 /06/09 Consent Item: 5 Motion: ITEM: Monetary Limits on Tort Liability Coverage SUBMITTED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider whether or not to waive the statutory tort limits for the City's liability insurance coverage. The City of Lake Elmo obtains liability coverage through the League of Minnesota Cities insurance trust for buildings and vehicles. The coverage also covers tort liability. Because of this coverage, the City must decide whether or not to waive the monetary limits on municipal tort liability as established by Minnesota Statutes §466.04. If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $400,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,200,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits, and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,200,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $1,200,000, regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. RECOMMENDATION: Approve the liability coverage -waiver form stating that the City -does not waive the monetary limits on municipal tort liability as established under Minnesota Statues 466, 04. SUGGESTED MOTION FOR CONSIDERATION: Move to approve the Liability Coverage -Waiver Form stating the City does not waive the monetary limits on municipal tort liability. ATTACHMENT: Liability Coverage - Waiver Form SECTION I: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $400,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,200,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,200,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,200,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. QLrxa �� „o accepts liability coverage limits of $ from the League of Minnesota Cites Insurance Trust (LMCIT). Check one: ❑ The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting r5, ryC / 06% Signature Position Return this completed form to LMC77; 145 University Ave. W., 5t, Paul,, MN. 55103-2044 Page 16 City Council Date: 01 /06/09 Consent Item: 6 Motion.- ITEM- Authorized Signatures for payment of funds from Lake Elmo Bank SUBMITTED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider designating Mayor Dean Johnston and Council Member Anne Smith as the primary signatures on checks for payment of money and withdraw funds on deposit with the Lake Elmo Bank. The City Council is also being asked to consider designating Thomas Bouthilet as a secondary signature on checks for payment of money and withdraw funds in the event of absence of one of the primary signature or an urgent special check is required. In all cases two signatures or facsimile signatures will be required on all City of Lake Elmo checks drawn from the Lake Elmo Bank. RECOMMENDATION: Approve Mayor Dean Johnston and Council Member Anne Smith as the Primary Signatures for Check drawn from City accounts at the Lake Elmo Bank and approve Thomas Bouthilet, Finance Director as the secondary signature. MOTION FOR CONSIDERATION: Move to approve Dean Johnston, Anne Smith as primary signatures for checks drawn City accounts at the Lake Elmo Bank and Thomas Bouthilet as a secondary signature. ATTACHMENT: Resolution 2009-001 Authorizing Signatures for Payment of funds from the Lake Elmo Bank. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2009-001 A Resolution Authorizing Signatures for Payment of Funds from Lake Elmo Bank WHEREAS, on January 6, 2009 the City designated the Lake Elmo Bank as the official depository for the funds of the City of Lake Elmo; and NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo City Council hereby approves the following: Mayor Dean Johnston and either Anne Smith, Thomas Bouthilet shall sign all checks and order for payment of money and withdraw funds on deposit with the Lake Elmo Bank. 2. Mayor Dean Johnston's Anne Smith's Thomas Bouthilet's facsimile signature may be used to endorse all checks and orders for the payment of money and to withdraw funds on deposit with the Lake Elmo Bank. This resolution shall continue to have effect until expressed written notice of its rescission or modification has been received and recorded by the Lake Elmo Bank. ADOPTED by the Lake Elmo City Council this 6th day of January, 2009. Dean A. Johnston, Mayor ATTEST: Sharon Lumby, City Clerk City Council Date: January 6, 2009 CONSENT Item: 7 Motion ITEM: Adopt 2009 Calendar of City Council Meetings and Workshop SUBMITTED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: The city council is being asked to adopt the 2009 calendar of Council meetings and workshops, if needed. SUGGESTED MOTION FOR CONSIDERATION. Adopt the 2009 calendar of City Council Meetings and Workshops 2009 CALENDAR OF LAKE ELMO CITY COUNCIL MEETINGS AND WORKSHOPS* (The Mayor and Council have the right to add or cancel meetings.) January 6 — City Council January 13 — Workshop January 20 — City Council February 3 — City Council February 10 — Workshop February 17 — City Council March 3 — City Council March 10 —Workshop March 17 — City Council April 7 — City Council April 14 — Workshop April 21 — City Council May 5 — City Council May 12 — Workshop May 19 — City Council June 2 — City Council June 9 — Workshop June 16 — City Council July 7 — City Coimcil July 14 — Workshop July 21 — City Council August 4 — City Council August 11 —Workshop August 18 — City Council September 1— City Council September 8 — Workshop September 15 — City Council October 6 — City Council October 13 — Workshop October 20 — City Council *7:00 p.m. City Council meetings 6:30-8:30 p.m. workshops November 3 — City Council (Election Day) November 10 - Workshop November 17 — City Council December 1 — City Council December 8 - Workshop December 15 — City Council City Council Date: 1 /6/09 CONSENT Item: 8 ITEM: Approve issuance of Request for Qualifications (RFQ) for Income Determination Consultant to utilize Community Development Block Grant (CDBG) for gas line replacement project in Cimarron neighborhood SUBMITTED BY: Kelli Matzek, City Planner REVIEWED BY: Kyle Klatt, Director of Planning SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve the issuance of the attached RFQ for an Income Determination Consultant to conduct income verifications for those seeking to receive financial assistance under the federal grant program. The RFQ is the same as has been used in previous phases of the gas line replacement project. This is the next step in moving forward to utilize the CDBG funds for gas line replacements at the Cimarron neighborhood. ADDITIONAL INFORMATION: The city of Lake Elmo approved an agreement in November of 2008 accepting receipt of $62,924.03 in Community Development Block Grant funding to replace approximately 30 individual unit's gas service lines at the Cimarron neighborhood by December 31, 2009. ATTACHMENTS: 1. Request for Qualifications (RFQ) for an Income Determination Consultant Request for Qualifications Community Development Block Grant Income Verification The City of Lake Elmo is administering a Community Development Block Grant (CDBG) fund program and isseeking the services of a consultant who specializes in conducting income verifications for persons receiving financial assistance under federal grant programs. The consultant will be required to verify household incomes for approximately 40 households. The income verification process will begin mid -February 2009 and should be completed by mid to late spring 2009. Interested parties should submit their qualifications, experience and fees by 4:30 p.m. on January 27, 2008. Please, include in your submission your experience with income verification for the U.S. Department of Housing and Urban Development programs including but not limited to CDBG, HOME, Section 8 or similar programs. The City will review qualifications submitted. Please, submit three copies of your qualifications and fee structure to: Kelli Matzek City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Qualifications must be received by 4:30 p.m. on January 27, 2008. City Council Date: January 6, 2009 REGULAR Item:q;a. Motion ITEM: Election of Acting Mayor SUBMITTED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: The city council is being asked to select an Acting Mayor on the City's behalf if Mayor Johnston is unable to attend a meeting, sign an agreement, or attend functions on behalf of the City. Any member of the Council is eligible for this position State Statute 412.121 ACTING MAYOR At its first meeting each year the council shall choose an acting mayor from the council members. The acting mayor shall perform the duties of mayor during the disability or absence of the mayor form the city or, in case of vacancy in the office of mayor, until a successor has been appointed and qualifies. SUGGESTED MOTION FOR CONSIDERATION: Move to approve Council Member as Acting Mayor for 2009. City Council Date: January 6, 2009 REGULAR Item: 9b. Motion ITEM: Designate an Official Newspaper SUBMITTED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: The City Council is being asked to designate an official newspaper. Five newspapers are potential candidates for this: the Lake Elmo Review, the Stillwater Gazette, the Oakdale Lake Elmo Review, the St. Croix Valley Press and the St. Paul Pioneer Press. The Lake Elmo Leader has been the official designated paper for the last six years. The Lake Elmo Leader has specific focus on city events and has been very responsive to the City's requests. Most official city notices can be planned and needs have been met with the Lake Elmo Leader. The staff is comfortable continuing with the Lake Elmo Leader as its official designated paper. However, in the interest of cost and circulation, staff recommends that the City Council consider designating the Oakdale Lake Elmo Review newspaper. As a back up paper, the St. Paul Pioneer Press would be used under unique circumstances when the City needs to get a quicker turn around for a publication to serve property owners and to meet the 60 day rule in particular. The Pioneer Press gives the City a two day turn around time for publications that may be unexpected and time sensitive. SUGGESTED MOTION FOR CONSIDERATION: Move to designate the Oakdale Lake Elmo Review as the official newspaper and designate the St. Paul Pioneer Press as a back up official newspaper on an as needed basis. 2009 Newspaper Quotes Lake Elmo Leader Circulation 757 (Lake Elmo residents) Lead Time 4 p.m. the Friday prior to publication Publish Date Thursday Free Papers None Price: per Line $3.00/per column inch Oakdale -Lake Elmo Review Circulation 586 (Lake Elmo residents) Lead Time - 3 p.m. the Friday prior to publication Publish Date Thursday Free Papers 1856 copies - 30 pd subscribers, and remaining copies mailed to residents Price Per Line $2.25/per column inch Pioneer Press Circulation 1227 daily; 1736 Sunda (Lake Elmo residents) Lead Time 48 hours Publish Date Daily — M-F Free Papers 84 / M-F; 71 / Sunday Price. Per Line $4.43/per column inch Stillwater Gazette Circulation 102 (Lake Elmo residents) Lead Time 10 a.m. day before publication Publish Date Daily — M-F Free Papers 250 Price Per Line $3.17/per column inch St. Croix Vallev Press Circulation 19 (Lake Elmo residents) Lead Time 5 p.m. the Friday prior to publication Publish Date Thursday Free Papers None Price Per Line $6.90/per column inch 12/30/2008 City Council Date: January 6, 2009 REGULAR Item: 4e. Motion ITEM: Appointment of Depositories for 2009 SUBMITTED BY: Sharon Lumby, City Clerk REVIEWED BY: Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The city council is being asked to designate official depositories for 2009. STAFF RECOMMENDATION: Staff recommends the Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup and Northland Securities for the 2009 Depositories. SUGGESTED MOTION FOR CONSIDERATION: Move to designate Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup and Northland Securities for the 2009 Depositories. City Council Date: January 6, 2009 REGULAR Item: 9d. Motion ITEM: Election of City Engineer SUBMITTED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: The city council is being asked to appoint a city engineer, Jack Griffin of TKDA to serve the city, These officials are contracted for professional engineering advice. Their appointments are not specifically required by statute or ordinance, but it is consistent with past practice. Should the Council consider going out for an RFP for the City Engineer appointment, staff suggests appointing Jack Griffin of TKDA as the city engineer for 90 days and direct staff to submit an RFP for the city engineer appointment. SUGGESTED MOTION FOR CONSIDERATION: Move to appoint Jack Griffin of TKDA as the city engineer OR Move to appoint Jack Griffin of TKDA as the city engineer for 90 days and direct staff to submit an RFP for the city engineer appointment TK:DA ENGINEERS - ARCHITECTS • PLANNERS 444 Cedar Street, Suite 1500 Saint Paul, MN 55101-2140 (651)292 (651) 292.0083.0063 Fax www.tkda.com December 3, 2008 Mr. Kyle Klatt Acting City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042-9629 Re: General Agreement for Continuing Services Rate Schedule City of Lake Elmo, Minnesota Dear Mr. Klatt: In connection with our Agreement dated February 2, 1988, TKDA proposes to maintain our current rate schedule through December 31, 2009, without any changes (as shown on the enclosed document). We appreciate the opportunity to be of service to the City. Thank you for your confidence in us. If you have any questions, please call me at (651) 292-4552. Sincerely, (Jack) W. Gri t , P.E. President, Mu i ipal Services JWG:jls Enclosure An Employee Owned Company Promoting A)finnative Action and EqualOpportonity TOLTZ, KING, DUVALL, ANDERSON ST. PAUL, MINNESOTA AND ASSOCIATES, INCORPORATED JANUARY 1, 2008 to ENGINEERS - ARCHITECTS • PLANNERS DECEMBER 31, 2009 SCHEDULE OF BILLING RATES Municipal Services Division Employee Classification t Range of Hourly Billing Rates* Senior Registered Engineer $115.00 to $164.00 Registered Engineer $ 78.00 to $118.00 Graduate Engineer $ 55.00 to $ 82.00 Senior Planner $100.00 to $126.00 Planner $ 50.00 to $ 80.00 Engineering Specialist II $100.00 to $120.00 Engineering Specialist I $ 85.00 to $110.00 Technician III $ 72.00 to $ 95.00 ** Technician II $ 45.00 to $ 72.00 ** Technician I $ 30.00 to $ 52.00 ** t Hourly billing rates for staff outside the Municipal Services Division will be billed at a 2.85 multiplier. In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Travel and subsistence Vehicle Mileage Current IRS Standard Rate per mile. Vehicle Allowance (Resident Construction Services Only) $10.00 / Day Vehicle Allowance (Survey Crew Only) $14.00 / Day 2. Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 3. Identifiable reproduction and reprographic costs. * Rates effective until December 31, 2009. ** For hours worked over 40 hours per week individuals will be paid one and one-half times the above rates. Schedule 2850-M85 City Council Date: January 6, 2009 REGULAR Item: 9e. Motion ITEM: Election of City Attorney SUBMITTED BY: Sharon Lumby, City Clerk SUMMARY AND ACTION REQUESTED: The city council is being asked to appoint a city attorney (civil and criminal), Jerry Filla of Peterson, Fram and Bergman to serve the city. These officials are contracted for professional legal advice. Their appointments are not specifically required by statute or ordinance, but it is consistent with past practice. Should the Council consider going out for an RFP for either civil or criminal legal services, staff suggests appointing Jerry Filla of Peterson, Fram and Bergman as the city attorney for 90 days and direct staff to submit an RFP for the city attorney appointment. SUGGESTED MOTION FOR CONSIDERATION. - Move to appoint Jerry Filla of Peterson, Fram and Bergman as the city attorney, both civil and criminal WA Move to appoint Jerry Filla of Peterson, Fram and Bergman as the city attorney for 90 days and direct staff to submit an RFP for the city attorney (civil or criminal) appointment San. 2 '09 16:07 S DeLapp Lake Elmo MN FAX 651-777-1001 P. 1 Warren E, Peterson Jerome P. Filla Daniel Witt Pram Glenn A. Bergman John Michael Miller Michael T. Oberle Steven H. Bruns - Paul W. Fahning• Sonia R. Ortiz Amy K. L. Schmidt Ben 1. Rust Jonathan R. Cuskey fared M• Goerlltz 5.S 10 NAL ASS 0CI AT 11)11 December 31, 2008 Dear Mayor Johnston and Lake Elmo City Councilmembers: 55 East FiSuite 800 fth Street St. Paul, MN 55101.1718 (651)291.8955 (651) 228-1753 facsimile WWw.pfb-pa,com (651)290-6907 ffllla(nlofh-na w I have provided legal services to the City in two capacities. First, I've represented the City in civil matters for approximately 18 years. Second, I've been the City's prosecuting attorney for approximately 16 years. The work has been interesting and challenging. Over the years, I have enjoyed working with numerous City Council members, City staff members and City consultants. I The City Attorney -City Council relationship, especially in regard to Civil matters, works best when the City Attorney has the full support of the City Council. Lately, it has become clear to me that this is no longer the case and, when that happens, for whatever the reasons, it is best for the City council to find a replacement. With the consent of the City Council, I would be wilting to continue to represent the City in civil matters until a replacement is appointed and will cooperate fully with the new appointee. I would like to continue as the City's prosecuting attorney. Our office has an excellent relationship with the personnel of the Washington County Court and with the Washington County Sheriff's Department, I know that we can continue to do Prosecution work efficiently and economically. Sinc ly, ro a P. ills JPF/imt cc: Steve DeLapp Anne Smith Nicole Park 'ALSO ADMITTED IN W,SWNSIN City Council Date: 1 /6/09 Regular Ordinance No. 08-012 Item: 10 ITEM: Consider adoption of a moratorium on the construction or alteration of new or existing wireless telecommunication towers SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Jerry Filla, City Attorney Kelli Matzek, City Planner SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider adoption of a moratorium that would prohibit the construction or alteration of new or existing wireless telecommunication towers within the City of Lake Elmo for a period of 12 months. An ordinance for enacting such a moratorium has been drafted by the City Attorney based on recent discussions by the City Council concerning the present status of the City's ordinance regulating wireless communications facilities. The moratorium, if adopted by the Council, would not apply to the present T-Mobile application for 9057 Lake Jane Road since the city can not legally apply the moratorium retroactively for the existing land use request. The intent of the proposed moratorium is to provide the City with time to address changes in the telecommunications industry that may have an effect on the viable locations for new towers within the community. The City's recent review of the Lake Jane Road request also identified several areas of concern regarding the current ordinance as it applies to the design and siting of new facilities in Lake Elmo. A moratorium will allow the City to research the approach taken by other communities in dealing with tower proposals and to further study the impact of ordinance revisions using GIS and other technology that was not available when the original wireless communications facility ordinance was adopted by the City. RECOMMENDATION: Staff recommends that the City Council adopt the proposed moratorium related to the construction or alteration of new or existing wireless telecommunication towers. SUGGESTED MOTION FOR CONSIDERATION: Motion: Motion to adopt Ordinance No. 09-001 establishing a moratorium on the construction or alteration of new or existing wireless telecommunication towers. ATTACHMENTS: 1. Ordinance No. 08-012 2. Letter from City Attorney ORDER OF BUSINESS - Introduction/Report .................................. - Questions from the Council ...................... - Questions/Comments from the public...... - Call for a Motion (required for further discussion; does not .....................Kyle Klatt, Planning Director ....................... Mayor & Council Members ........................................ Mayor facilitates imply approval of the motion.....................:...........................................Mayor facilitates - Discussion............................................................................................Mayor facilitates - Action on motion.................................................................................................Council STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO ORDINANCE NO. 08- O:'7" AN INTERIM ORDINANCE (MORATORIUM) RELATING TO THE CONSTRUCTION OR MODIFICATION OF NEW OR EXISTING TELECOMMUNICATION TOWERS The Lake Elmo City Council ordains: 1.0 Recitals, A. City's current regulations relating to wireless telecommunication towers are contained in City Code Sections 150.110-150.126. B. On December 9, 2008, the Lake Elmo City Council adopted Ordinance No. which gave the City more flexibility when balancing collocation requirements and impacts of wireless telecommunication towers on the surrounding environment. C. During the City Council discussions in regard to Ordinance No. , it became apparent that there have been technological changes and service demand changes in the wireless telecommunication tower industry which have occurred since the City first adopted its wireless telecommunication tower standards in 1998. D. In order to protect the planning process and the health, safety and welfare of its citizens, the City needs additional time to conduct studies and/or to receive engineering input in regard to the effectiveness of the City's current regulations and to ensure that any revisions to the City's current regulations are in compliance with the mandates of the Telecommunications Act of 1996. 2.0 Moratorium. The Lake Elmo City Council hereby determines that a moratorium relating to the construction or modification of new and existing wireless telecommunication towers, except those hereinafter exempted, is necessary. 3.0 Duration of Moratorium. The wireless telecommunication tower moratorium will commence on the effective date of this Ordinance and will continue for _ months thereafter unless otherwise terminated or extended by action of the City Council. 4.0 Exemptions. This Ordinance shall not apply to the construction or modification of any wireless telecommunication towers on which applications have been received prior to January 1, 2009. 5.0 . Enforcement. The City may enforce any provision of this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction. 6.0 Separability. Every section, provision, or part of this Ordinance is declared separable from every other section, provision or part of this .Ordinance. If any section, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction. Such judgment should not invalidate any other section, provision or part of this Ordinance. Effective Date, This Ordinance shall be effective on the date following its publication or on the date following the publication of an Ordinance Summary approved by the Lake Elmo City Council Adoption Date. Passed by the Lake Elmo City Council on the day of , 2009. Dean Johnston, Mayor ATTEST: Interim City Administrator F:\usersVessica\lerry\LE\Ordinance (Moratorium).v2.doc Warren R. Peterson P ERSON Jerome P. Fllla Daniel Witt Fram - Bergman Glenn A. Bergman T,��+/*� Fl �f 1M BERGMAN John Michael Miller. t r Michael T. Oberle Steven H. Bruns` Paul W. Fahning` Sonja R. Ortiz - Amy K. L. Schmidt Ben I. Rust Jonathan R, Cuskey Jared M. Goerlitz December 29, 2008 Kyle Klatt Planning Director City of Lake Elmo 3800 Laverne Ave. North Lake Elmo, MN 55042 RE: Telecommunication Tower Moratorium Ordinance Kyle: Suite 800 55 East Fifth Street St, Paul, MN 55101.1718 (651) 291-8955 (651 J 228-1753 facsimile www.pfb-pa.com (651)290-6907 if1l1a(@Dfb-r)a.cc VIA EMAIL Attached is a draft of a Telecommunication Tower Moratorium Ordinance for review by the City Council. This type of regulation does not have to be reviewed at a public hearing before the Planning Commission and can be adopted by three (3) affirmative votes from the City Council. The maximum period for a moratorium is twelve (12) months. However, there are some circumstances which allow the moratorium to be extended for an additional period of time. The City should make decisions regarding extensions of the moratorium at least one month before the moratorium will expire. If you have any questions, please contact me. JPF/jmt Attachment 'ALSO ADMITTFD IN WISCONSIN City Council Date: January 6, 2009 REGULAR Item: 11 Update ITEM: Engineering Status Report - A Report on the status of active Engineering activities and the 2009 Engineering program goals and objectives. SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Ryan Stempski, Assistant City Engineer SUMMARY AND ACTION REQUESTED: The city council is being asked to receive an Engineering Status Report. Staff will provide an update on the status of active Engineering activities and will provide an overview of the proposed 2009 Engineering program goals and objectives. The presentation will cover an update on the 2009 general engineering activities and active development projects, discuss the status of active engineering infrastructure projects and planning activities, and will outline the proposed engineering projects that have been included in the 2009 Adopted Budget and the draft Capital Improvement Program. ORDER OF BUSINESS: • Introduction Jack Griffin, City Engineer • Report by staff or other presenter Jack Griffin, City Engineer • Questions from city council members to the presenter Mayor and council members • Questions/comments from the public to the city council Mayor facilitates (a maximum of three minutes per question/statement)