HomeMy WebLinkAbout01-04-2005 CCMLAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 1
MINUTES APPROVED: JANUARY 18, 2005
LAKE ELMO CITY COUNCIL MINUTES
JANUARY 4, 2005 1. AGENDA
2. MINUTES: December 7, 2004
3. Resolution No. 2005-001:Claims
4. Accept Resignation of Dean Johnston, Resolution 2005-002 Declaring Council Vacancy 5. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL
6. Adjourn
New Council Convenes Council Meeting 1. AGENDA 2. PUBLIC INFORMATIONAL:
A. Recognition of Outgoing Council Members
B. Lake Elmo Jaycees Proclamation
C. 2005 Board of Appeal and Equalization Meeting:May 4, 2005 D. Employee and Volunteer Recognition Party 3. PUBLIC INQUIRIES
4. ORGANIZATIONAL MEETING:
A. Appointment Process of Council & Commission
B. Election of Acting Mayor C. Council Committee Appointments D. Designation of Legal Newspaper 5
E. Designation of Official Depositories for 2005
F. Appointment of City Engineer
G. Appointment of City Attorney (Civil and Criminal) H. Appointment of Financial Advisor I. Appointment of Auditing Firm
J. Planning Commission Appointment (two openings:1st & 2nd Alternates)
K. Parks Commission Appointments:(one opening:2nd Alternate)
L. Community Improvement Commission Appointment:two openings M. Cable Operator:Steven Press
N. IT:Next Genesis
O. Animal Control:Kathi Pelnar
5. CONSENT:
A. Resolution No. 2005-003:Authorizing Signature for Payments of Funds from the Lake Elmo Bank
B. Resolution No. 2005-004:Approve Claims
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Dept.:Chief Malmquist 8. CIITY ENGINEER’S REPORT:
9. PLANNING, LAND USE & ZONING:
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 2
A. Appeal of Administrative Determination-Chadoua Vue
B. Plan Amend/Rezone/RE Plat – Cardinal View:Resolutions 2005-005, 006,
Ordinance No. 97-144
C. Community Development Block Grant 2005-2007:Resolution No. 2005-007 10. CITY ATTORNEY’S REPORT:
11. CITY ADMINISTRATOR’S REPORT:
A. Met Council
12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers.
PRESENT: John, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, Attorney Miller,
Planner Dillerud, Finance Director Tom Bouthilet and Administrator Rafferty.
1. AGENDA M/S/P Dunn/Johnston - to approve the January 4, 2005 City Council agenda, as
presented. (Motion passed 5-0).
2. MINUTES: December 7, 2004 M/S/P Dunn/Johnston - to approve the December 7, 2004 City Council minutes, as amended. (Motion passed 5-0).
3. Resolution No. 2005-001:Claims
M/S/P Dunn/John - to adopt Resolution No. 2005-001 approving claim numbers 230, 231, DD294 through DD305, 26608 through 26636 which were used for staff payroll
dated December 9, 2004, Claim 232, 233, DD306 through DD315, 26637 through 26651
which were used for staff payroll dated December 23, 2004, claims 26652 through 26699,
in the total amount of $157,576.15 (Motion passed 5-0). 4. Accept Resignation of Dean Johnston, Resolution No. 2005-002 Declaring Council Vacancy
The City received a resignation letter from Council Member Johnston indicating his
resignation from the position of Council Member effective upon the administration of his oath of office as Mayor.
M/S/P DeLapp/Dunn - to adopt Resolution No. 2005-002 accepting the resignation of
Dean Johnston from the position of Council Member effective upon the administration of
his oath of office as Mayor of Lake Elmo and declare a vacancy in the Council seat held by Council Member Dean Johnston. (Motion passed 5-0).
5. OATH OF OFFICE FOR NEWLY ELECTED MEMBERS OF COUNCIL
The City Clerk administered the Oath of Office to the newly elected members of Council,
Mayor Dean Johnston, Council Member Liz Johnson and Council Member Anne Smith.
6. Adjourn
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 3
New Council Convenes Council Meeting
Mayor Johnston called the Council meeting to order at 7:15 p.m. in the Council
chambers. PRESENT: Johnston, DeLapp, Johnson, Smith, City Engineer Prew, Attorney John Miller, Planner Dillerud, Building Official Jim McNamara, Chief Malmquist, Finance Director Tom Bouthilet and Administrator Rafferty.
1. AGENDA
4. Interview for council vacancy, Met Council water plan added to Council committee M/S/P DeLapp/Johnston – to approve the January 4, 2005 City Council agenda, as amended. (Motion passed 4-0).
2. PUBLIC INFORMATIONAL: A. Recognition of Outgoing Council Members Mayor Dean Johnston recognized the years of service to the City of the outgoing council
members and presented Lee Hunt, Susan Dunn and Wyn John with honorary service
awards.
B. Lake Elmo Jaycees Proclamation MAYOR JOHNSTON PROCLAIMED THE WEEK OF JANUARY 16-22, 2005, AS
JAYCEE WEEK AND URGED ALL CITIZENS OF OUR COMMUNITY TO GIVE
FULL REGARD TO THE PAST AND CONTINUING SERVICE OF THE JAYCEES.
C. 2005 Board of Appeal and Equalization Meeting:May 4, 2005
The Lake Elmo Board of Review will meet at City Hall on Wednesday, the 4th of May,
2005, between the hours of 4:00 and 6:00, for the purpose of reviews and correcting the
assessment of said Real Estate for the year 2005.
D. Employee and Volunteer Recognition Banquet
The Employee and Volunteer Recognition Banquet will be held at the Machine Shed,
Pavilion Room, on Friday, February 4, 2005. There will be Hors d’oeuvers (cash bar) at
6:00 p.m. with dinner at 7:00 p.m. The City will extend invitations to all employees,
community volunteers and their spouses/guests to attend the Annual Recognition Party.
3. PUBLIC INQUIRIES: NONE
4. ORGANIZATIONAL MEETING:
A. Appointment Process of Council & Commission
Mayor Johnston asked that a policy be prepared to establish the appointment for Council
and Commission vacancies. The intent of the policy is to provide consistency in the
selection process for vacant positions.
M/S/P Johnson/Smith – to approve the appointment process for Council and Commission
vacancies provided by Mayor Johnston on January 4, 2005. (Motion passed 4-0.)
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 4
Council member Johnson provided a proposal for the selection procedure. She suggested
that the Council interview the candidates in 30-minute increments, each asking two
questions per applicant, with completion on January 25th. Johnson explained she
suggested the January 25th date because she would be unable to attend the January 18th Council meeting. At the February 1st Council meeting, the Council could vote by making
a first and second choice with each member’s first choice counting for two points and
their second counting for one. Staff would tally the points and the Council would then
vote on the remaining two to four finalists.
Council Member Smith stated she would like the interviews to take place sooner than that
date and Council Member DeLapp proposed that the interview schedule be spread out
over two days rather than all in one. Administrator Rafferty suggested amending the
interview lengths to 20-minute intervals and schedule the interviews for January 12 and
13.
Both Mayor Johnston and Council Member Smith preferred a one vote for one person
procedure for the first nine candidates and the final selection. Council members Johnson
and DeLapp stated they would like to continue with the point process used to select
members to the Planning Commission.
M/S/F Johnson/DeLapp – to approve the selection procedure proposed by Council
Member Johnson. (Motion failed: Smith, Johnston.)
M/S/P Johnston/Smith - to adopt the first three recommendations of the selection procedure proposed by Council Member Johnson with the exception that there will be a
one vote for one person procedure for the first nine candidates and the final selection.
(Motion passed 4-0.)
B. Election of Acting Mayor
The Council must select an Acting Mayor to act 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.
M/S/P Johnston/Smith - to approve Council Member Liz Johnson as Acting Mayor for
2005. (Motion passed 4-0).
C. Council Committee Appointments
Mayor Elect Dean Johnston is recommending that Council Committees be organized for
2005 as follows:
Finance, Human Resources, Legislative Policy, PZ etc – Chair – Liz Johnson; Member –
Anne Smith Public Health and Safety – Chair – Anne Smith; member t.b.d. after filling vacancy
Public Facilities – Chair – Steve DeLapp; member – t.b.d. after filling vacancy
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 5
M/S/P Johnson/Smith – to approve the Council Committee Appointments as indicated on
January 4, 2005. (Motion passed 4-0).
D. Designation of Legal Newspaper
M/S/ Johnson/Smith - to designate the Stillwater Gazette and the Lake Elmo Leader as
the City’s legal newspaper for 2005.
Council member Johnston said he supported the Oakdale-Lake Elmo Review based on
the excellent press coverage and cost.
M/S/P Johnston/Smith – to amend the motion to designate the Stillwater Gazette as the
City’s legal newspaper for 2005 and the Oakdale Lake Elmo Review based on coverage, price and quality of reporting. (Motion passed 3-1Johnson supported the local
newspaper, Lake Elmo Leader).
E. Designation of Official Depositories for 2005
Staff recommended the designation of the following as official depositories for the City: Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup and Northland
Securities.
M/S/P DeLapp/Johnson - to designate Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup, and Northland Securities for 2005. (Motion passed 4-0).
F. Appointment of City Engineer
M/S/P DeLapp/Johnson - to appoint Tom Prew/TKDA as the City Engineer for 2005. (Motion passed 4-0).
G. Appointment of City Attorney (Civil and Criminal)
M/S/P DeLapp/Johnson - to appoint Jerry Filla, Peterson, Fram & Bergman as the City Attorney, for both criminal and civil matters for 2005. (Motion passed 4-0).
H. Appointment of Financial Advisor
M/S/P DeLapp/Johnson - to appoint Paul Donna, Northland Public Finance Group as the
City’s Financial Advisor for 2005. (Motion passed 4-0).
I. Appointment of Auditing Firm
M/S/P DeLapp/Johnson - to appoint Steven R. McDonald, CPA, Abdo, Eick & Meyers,
and LLP as the City’s Auditing Firm for 2005. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 6
J. Planning Commission Appointment (two openings:1st & 2nd Alternates)
Three Planning Commission terms expired on December 31, 2004 (Ptacek, Sessing, and
Schneider). Todd Ptacek and Bob Helwig, who serve on the Planning Commission, have submitted their names for consideration in the City Council Appointment. Now that there is a procedural policy in place, the following motion was made:
M/S/P Smith/Johnston – to reappoint Todd Ptacek, Rodney Sessing, and Charlie
Schneider to the Planning Commission for 60 days. (Motion passed 4-0). Council member DeLapp objected to the procedure in place and suggested we follow
Washington County’s procedure of appointing members for a three year term.
Discussion on Planning Commission terms will be referred to the January 11th Finance,
Legal, Legislative, Personnel Council Committee Meeting. Planning Commissioner Liz Johnson became a City Council member and Commissioner
Thomas Meldahl resigned his commission December 13, 2004. The Commission now
has nine members and the City Code specifies eleven. Commissioner Ben Roth is
currently 2nd Alternate Member and should become a Full Voting Member taking the position vacated by Liz Johnson with a tem expiring December 31, 2005.
M/S/P Johnson/Smith - to appoint Ben Roth as Full Voting Member of the Planning
Commission to finish a 3-year term that will expire on December 31, 2005. (Motion
passed 4-0). K. Parks Commission Appointments:(one opening:2nd Alternate)
Three Parks Commission appointments expired December 31, 2004. Commissioners
Linda Wagner, Terry Bouthilet and Todd Bruchu have requested reappointment. Council
member DeLapp suggested the Parks Commission appointments be made for a 3-year term because they are not like the Planning Commission that has to follow the regulations
according to state law.
M/S/P Johnson/Smith - to reappoint Linda Wagner, Terry Bouthilet and Todd Bruchu to
the Parks Commission for a 3-year term that will expire on December 31, 2007. (Motion passed 4-0.)
Commissioner Jim Lund has resigned from the Parks Commission, but hopes to be able
to serve again in 2006. With his resignation, 2nd Alternate Commissioner Rolf Larson
should advance to lst Alternate Parks Commissioner.
M/S/P DeLapp/Johnson - to appoint Rolf Larson as lst Alternate of the Parks
Commission. (Motion passed 4-0.)
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 7
L. Community Improvement Commission Appointment:two openings
The Community Improvement Commission shall be comprised of seven members.
Currently the members on the Commission are: Jill Anderson, Stacy Howieson, Debbie
Lyzenga, Gary Rieder, Anne Smith and Joan Ziertman. CIC Member Smith resigned because of becoming a Council Member so there are two vacancies on the Commission.
The staff will continue to advertise for the two vacancies on the Community
Improvement Commission and bring back item to the February 1st Council meeting.
M. Cable Operator:Steven Press
M/S/P Johnson/DeLapp – to approve the reappointment of Steven Press as the City’s
Part-Time Cable Operator at $13.50 Hr. for taping and broadcasting city meetings.
(Motion passed 4-0).
N. IT:Next Genesis
M/S/P Johnson/DeLapp – to approve the reappointment of the computer service contract
between the City and Next Genesis (William Keran). (Motion passed 4-0).
O. Animal Control:Kathi Pelnar
M/S/P Johnson/DeLapp – to approve the Animal Control Contract between the City and
Kathi Pelnar to provide Animal Control Services for 2005. (Motion passed 4-0).
5. CONSENT: A. Resolution No. 2005-003:Authorizing Signature for Payments of Funds
from the Lake Elmo Bank
Following every election, the City must notify the lake Elmo Bank who has been authorized to sign checks for payment of funds by the City. State Statute requires that the
Mayor sign all checks as well as the City Administrator and or an appointed designee.
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-003 authorizing signatures for
payment of funds from the Lake Elmo Bank. (Motion passed 4-0).
B. Resolution No. 2005-004:Approve Claims
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-004 approving claim numbers
26700 through 26727, 234 in the total amount of $5,059.89. (Motion passed 4-0)
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Dept.:Chief Malmquist
The Fire Chief reported there are 25 volunteers in the department. They responded to over 320 medical, rescue and fire emergencies, which is a decline from the 422 calls in
203. Fires of all types dropped from 53 in 2002 to only 27 in 2004. The entire
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 8
department upgraded from Fire Fighter I to Fire Fighter II. One safety officer was sent to
a training program at the National Fire Academy. This is the second year for the Fire
Department Calendar.
8. CITY ENGINEER’S REPORT: None
9. PLANNING, LAND USE & ZONING:
A. Appeal of Administrative Determination-Chadoua Vue
Planner Dillerud reported that on December 7 the Council adopted motion to 1.) Affirm the Building Official’s determination that Mr. Vue needs a building permit for whatever he constructs as an accessory building; and 2.) Postpone action regarding the location of
an accessory structure(s) nearer the front property line than the principal structure.
Dillerud reported Mr. Vue has submitted a building permit application for a 30 foot by 18 foot accessory structure, but additional drawings have been submitted beyond those he had submitted with his Appeal. Staff recommended Council direction to remove the
lean-to structure; and relocation of the Menards style tool shed to a location within code
compliance by June regardless of the outcome of Mr. Vue’s request to place the new
accessory structure in front of his house. M/S/F DeLapp/Johnson – to adopt Resolution No. 2005-008 approving an accessory
structure located in front of the principal structure at 11991 30th Street. (Motion failed 0-
4).
Council member DeLapp stated the whole concept of accessory structures needs to be discussed and determine what a principal structure is and what constitutes an accessory
structure.
M/S/P Smith/DeLapp – to direct Chadoua Vue, 11991 30th Street, to remove the lean-to-structure; and relocate the Menards style tool shed to a location in compliance with Code by June 1, 2005. (Motion passed 4-0).
M/S/P Johnson/Smith - to send Section 300.13 Subd. 3I of the City Code to the Planning
Commission for a recommendation regarding retention, repeal or modification within 90 days. (Motion passed 4-0.)
B. Plan Amend/Rezone/RE Plat – Cardinal View:Resolutions 2004-005, 006,
Ordinance No. 97-144
The Planner reported the Planning Commission recommend approval of a
Comprehensive Plan Amendment, Rezoning and Preliminary Plat, which creates six
residential estates lots on a 23.5 acre site at the east end of 15th Street No. A seventh lot
would accommodate the existing home on the site. Staff had advised the Commission
that the plat design resulted in apparent technical non-compliance with average lot area and septic site area requirements of the RE zoning district.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 9
The Planner indicated the applicant agreed to conduct additional soil testing and to
identify the full 20,000 sq.ft. per lot of septic drain field area and those tests have been
completed and submitted. He reported that the existing home with an in-place septic
system is not addressed regarding the 20,000 square foot septic standard by the original plan, but has been in a preliminary manner since then.
M/S/P Johnson/DeLapp - to adopt Resolution 2005-005 granting a Comprehensive Plan
Amending Guiding Land Use From RAD to RED to D&T Development. (Motion passed
4-0). M/S/P Johnson/DeLapp - to adopt Ordinance 97-144, An Ordinance amending Section
300.07 Zoning District Map of the Lake Elmo Municipal Code to rezone the Cardinal
View site from RR to RED in compliance with the Comprehensive Plan Amendment
previously adopted. (Motion passed 4-0). M/S/P Johnson/DeLapp – to adopt Resolution No. 2005-006, A Resolution approving the
Preliminary Plat of Cardinal View subject to a condition that the applicant provide
additional tests to verify 20,000 square feet of proposed Lot 7 to be suitable for septic
drain field purposes prior to submission of the Final Plat. (Motion passed 4-0). C. Community Development Block Grant 2005-2007
The City Planner reported the CDBG application in the amount of $72,000 has been
submitted to Washington County to meet the December 17 deadline. The application follows the direction of the Community Improvement Commission as to program content.
M/S/P DeLapp/Johnson - to adopt Resolution No. 2005-007, approving submission of the
2005-2006 Lake Elmo CDBG Application. (Motion passed 4-0.)
10. CITY ATTORNEY’S REPORT:
11. CITY ADMINISTRATOR’S REPORT:
A. Met Council
The City Administrator reported Mayor Johnston requested the Council confirm by motion the Met Council Negotiating Team. The team would report the progress to
Council at each meeting as appropriate. All settlement with the Met Council must be
approved by a majority vote of the City Council.
M/S/P Johnson/DeLapp – establishing the official Met Council Negotiating Team consisting of Mayor Johnston as chair of the team and Martin Rafferty, City
Administrator and Chuck Dillerud, Planner. (Motion passed 4-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 4, 2005 10
12. CITY COUNCIL REPORTS:
Council member DeLapp welcomes the new members of the Council.
Council member Smith stated she will be resigning as Vice Chair of the Community Improvement Commission and urged residents/property owners to apply for membership.
Adjourn 8:50 p.m.
--------------------------
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2005-001 Claims
Resolution No. 2005-002 Declaring Council Vacancy
Resolution No. 2005-003 Signatures for Payments of Funds from the LE Bank
Resolution No. 2005-004 Claims Resolution No. 2005-005 Comprehensive Plan Amendment for Cardinal View
Resolution No. 2005-006 Preliminary Plat of Cardinal View
Resolution No. 2005-007 CDBG 2005-2007
Ordinance No. 97-144 Rezoning for Cardinal View from RR to RED