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HomeMy WebLinkAbout01-06-2004 CCMLAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 1 MINUTES APPROVED: January 20, 2004 LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 1. AGENDA 2. MINUTES: December 16, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Lake Elmo Jaycees Proclamation 4. ORGANIZATIONAL MEETING: A. Election of Acting Mayor B. Designation of Legal Newspaper C. Designation of Official Depositories for 2004 D. Appointment of City Engineer E. Appointments of City Attorney (Civil and Criminal) F. Appointment of Financial Advisor G. Appointment of Auditing Firm H. Planning Commission Appointments I. Parks Commission Appointments J. Community Improvement Commission Appointment K. Cable Operator-Steve Press L. IT: NextGenesis M. Animal Control-Kathi Pelnar 5. CONSENT: A. Resolution No. 2004-001 Approving Claims B. Resolution No 2004-002 Final Payment for Eagle Point Blvd. I C. Resolution No. 2004-003 Final Payment for Eagle Point Blvd II D. Resolution 2004-004 Partial Payment for hill Trail N./50th Street E. Final Payment for Painting and Repairs for Fire Station No. 1 F. Resolution No. 2004-005 Final Payment for 50th Street Reconstruction 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIR/BUILDING: A. Update On Fire Dept. Activities: Chief Malmquist – Not In Attendance (1) Capitol City Mutual Aid Assoc. Agreement 8. CITY ENGINEER’S REPORT 9. PLANNING, LAND USE & ZONING: 10. CITY ATTORNEY’S REPORT: A. Hazardous Structure on 37th Street 11. CITY ADMINISTRATOR’S REPORT: A. Employee Pay Plan B. Personnel Policy Amendment – (PTO) C. Metropolitan Council Mayor Hunt called the Council meeting to order at 7 p.m. in the Council chambers. PRESENT: Siedow, Hunt, Johnston, DeLapp, City Attorney Filla, City Engineer Prew, Acting Finance Director Tom Bouthilet and Acting Administrator/Planner Dillerud. ABSENT: Council member Dunn LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 2 1. AGENDA Move to consent agenda Items C-J, ADD:Met Co. Appeal, Hidden Bay property and Update on former employee M/S/P Siedow/DeLapp - to approve the January 6, 2004 City Council agenda, as amended. (Motion passed 4-0.) 2. MINUTES: December 16, 2003 M/S/P Siedow/Johnston – to approve the December 16, 2003 City Council minutes, as amended. (Motion passed 4-0). 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries None B. Lake Elmo Jaycee Proclamation MAYOR HUNT PROCLAIMED THE WEEK OF JANUARY 18-24, 2004, AS JAYCEE WEEK AND URGED ALL CITIZENS OF OUR COMMUNITY TO GIVE FULL REGARD TO THE PAST AND CONTINUING SERVICE OF THE JAYCEES. 4. ORGANIZATIONAL MEETING: A. Election of Acting Mayor M/S/P Johnston/DeLapp – to approve Council Member Susan Dunn as Acting Mayor for 2004. (Motion passed 4-0). B. Designation of Legal Newspaper Staff will use Lake Elmo Leader when turnaround time is available for legal notice, but will not double ads. M/S/P DeLapp/Siedow – to designate the Lake Elmo Leader and the Stillwater Gazette as the City’s legal newspapers for 2004. (Motion passed 4-0). C. Designation of Official Depositories for 2004 M/S/P Johnston/DeLapp – to designate the Lake Elmo Bank, Wachovia Securities, Smith Barney Citigroup, and Northland Securities as the Cities’ official depositories for 2004. (Motion passed 4-0). D. Appointment of City Engineer M/S/P Johnston/DeLapp – to appoint Tom Prew/TKDA as the City Engineer for 2004. (Motion passed 4-0). E. Appointment of City Attorney (Civil and Criminal) M/S/P Johnston/DeLapp – to appoint Jerry Filla, Peterson, Fram & Bergman as the City Attorney for 2004, both for criminal and civil matters. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 3 F. Appointment of Financial Advisor M/S/P Johnston/DeLapp – to appoint Paul Donna, Northland Public Finance Group, as the City’s Financial Advisor for 2004. (Motion passed 4-0). G. Appointment of Auditing Firm M/S/P Johnston/DeLapp – to appoint Steven R. McDonald, CPA, Abdo, Eick & Meyers, LLP as the City’s Auditing Firm for 2004. (Motion passed 4-0). H. Planning Commission Appointments The terms of Commissioners Mark Deziel, Julie Ann Bunn, and Jennifer Pelletier expired on December 31, 2003. All three have requested reappointment. M/S/P Johnston/DeLapp – to reappoint Mark Deziel, Julie Ann Bunn, and Jennifer Pelletier to the Planning Commission to 3-year terms that will expire on December 31, 2006. (Motion passed 4-0). The terms of Old Village Special Projects Commissioners Todd Williams and Ann Bucheck expired on December 31, 2003. Todd Williams requested reappointment, but the City did not receive correspondence from Commissioner Bucheck. M/S/P Johnston/DeLapp – to reappoint Todd Williams to the Old Village Projects Planning Commission to a 3-year term that will expire on December 31, 2006. (Motion passed 4-0). I. Parks Commission Appointments The terms of Commissioners Bob Schumacher, Steve Peterson, and John Heroff expired on December 31, 2003. Bob Schumacher and John Heroff have requested reappointment. Commissioner Boissonneault has moved out of Lake Elmo and resigned from the Parks Commission. Steve Peterson resigned after serving for approximately eleven years. M/S/P DeLapp/Johnston – to reappoint Bob Schumacher and John Heroff to the Parks Commission to a 3-year term that will expire on December 31, 2006. (Motion passed 4- 0). Jim Lund was appointed First Alternate to the Parks Commission in 2003 and has indicated his preference to continue his role as an Alternate Member of the Parks Commission. M/S/P DeLapp/Johnston – to reappoint Jim Lund as First Alternate Member of the Parks Commission. (Motion passed 4-0). John Ames was appointed to the Parks Commission in 2003 as Second Alternate and should be granted status as a Full Voting Member, filling the position vacated by Steve Peterson. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 4 M/S/P DeLapp/Johnston – to appoint John Ames as Full Voting Member of the Parks Commission to begin a 3-year term that commences in January 2004 and expires on December 31, 2006 for the position vacated by Steve Peterson. (Motion passed 4-0). There are currently two openings on the Parks Commission. The City received an application from Todd Bruchu dated December 8, 2003. M/S/P DeLapp/Johnston – to appoint Todd Bruchu as Full Voting Member of the Parks Commission to fill a position vacated by Eric Boissonneault for a 3-year term that expires on December 31, 2004. (Motion passed 4-0). J. Community Improvement Commission Appointment The City received applications from Anne Smith, 12153 Marquess Lane N., and Stacy Hawieson, Cimarron Park Office, 901 Lake Elmo Avenue. M/S/P Johnston/DeLapp - to appoint Anne Smith and Stacy Hawieson to the Lake Elmo Community Improvement Commission. (Motion passed 4-0.) K. Cable Operator:Steven Press M/S/P Johnston/DeLapp – to reappoint Steve Press as the City’s Part-Time cable operator at $10/Hr. for taping and broadcasting City meetings. (Motion passed 4-0). L. IT:William Keran M/S/P Johnston/DeLapp – to reappoint NextGenesis, William Keran, as the City’s computer service contractor. (Motion passed 4-0). M. Animal Control:Kathi Pelnar M/S/P Siedow/Johnston – to approve the Animal Control Contract between the City and Kathi Pelnar to provide Animal Control Services for 2004. (Motion passed 4-0.) 5. CONSENT: A. Resolution No. 2004-001 Approving Claims M/S/P Siedow/Johnston – to approve Claim Numbers 180, 181, DD84 through DD88, 24939 through 24953 that were used for Staff payroll dated December 23, 2003, and Claim Numbers 24954 through 24991 dated December 31, 2003 in the total amount of $82,149.70. (Motion passed 4-0). B. Resolution No. 2004-002 Final Payment for Eagle Point Blvd I C. Resolution No. 2004-003 Final Payment for Eagle Pont Blvd II M/S/P Siedow/Johnston – to adopt Resolution No. 2004-002 approving Compensating Change Order in the amount of $63,648.66 and Final Payment for Eagle Point Boulevard Phase I in the amount of $33,659.66 to Tower Asphalt verified by the City Engineer’s memo dated December 22, 2003. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 5 M/S/P Siedow/Johnston – to adopt Resolution No. 2004-003 Approving Compensating Change Order in the amount of (-)$5,417.40 and Final Payment for Eagle Pint Boulevard Phase II in the amount of $22,081.50 to Tower Asphalt, verified by the City Engineer’s memo dated December 22, 2003. (Motion passed 4-0). D. Resolution No. 2004-004 Partial payment for Hill Trial N./50th Street M/S/P Siedow/Johnston – to adopt Resolution No. 2004-004 Approving Compensating Change Order No. 1 in the amount of (-)$10,464.87 and Partial Payment No. 3 in the amount of $62,278.41 for Hill Trail North and 50th Street North to T.A. Schifsky, verified by the City Engineer’s memo dated December 23, 2003. (Motion passed 4-0). E. Final Payment for Painting & Repairs for Fire Station No. 1 M/S/P Siedow/Johnston – to approve the Final Payment in the amount of $22,522.00 to A.J. Spanjers Co., Inc. for exterior repairs for Fire Station No. 1, verified by T.Franzen’s memo dated December 26, 2003. (Motion passed 4-0). F. Resolution No. 2004-005 Final Payment for 50th Street Reconstruction M/S/P Siedow/Johnston – to adopt Resolution No. 2004-005 Approving Compensating Change Order No. 1 in the amount of $35,860.11 and Final Payment to T.A. Schifsky in the amount to $26,085.55 for 50th Street North Construction, verified by the City Engineer in his memo dated December 30, 2003. (Motion passed 4-0). 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Fire Department: Chief Malmquist (Not In Attendance) The Capital City Mutual Aid Agreement was reviewed and approved by the City Attorney. The duration of the agreement is for the date of execution to December 31, 2006, or roughly a three-year period. M/S/P Siedow/Johnston – to approve the Capital City Mutual Aid Agreement dated November 12, 2003. (Motion passed 4-0). 8. CITY ENGINEER’S REPORT: None 9. PLANNING, LAND USE & ZONING: None 10. CITY ATTORNEY’S REPORT: Attorney Filla gave a brief summary of revenues compared to legal expenses. He reported the mediation meeting for former employee Mike Buckles will be Wednesday, January 7th at the League of MN Cities Office. A. Hazardous Structure on 37th Street Attorney Filla reported the trial is schedule for spring. He has had some contact with the property owner’s attorney regarding things that have been done. Filla will have a report for the next Council meeting. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 6 11. CITY ADMINISTRATOR’S REPORT: A. Employee Pay Plan The Acting Administrator provided a new 2004 Pay Plan that the Council was introduced to and discussed at the December 340, 2003 Workshop. The only change he made to the Plan since December 30 is to remove the words “Draft” and “New” from the title. He pointed out on December 30 that the shaded cells on the Plan represent where the respective City staff will be placed on the Plan. That placement is dictated by the respective 2003 salaries plus 2.1%, and then the next even step. All employees have received their 2003 Performance Evaluation and Step adjustment on or about their anniversary dates. M/S/P Johnston/Siedow – to adopt Resolution No. 2004-006, adopting the new 2004 Employee Pay Plan. (Motion passed 4-0.) B. Personnel Policy Amendment – Personal Time off (PTO) The Acting Administrator reported at the December 30 workshop the Council was introduced to and discussed a Personal Time Off (PTO) Policy that would replace the City’s existing vacation and sick leave policies. He provided a policy with some modifications that were discussed at the workshop. Under the Extended Illness Bank paragraph, Dillerud suggested removal of the word “consecutive” and should read “…only after an employee has used 10 days of Paid Time Off.” Under the Exempt Employee Flex-Time Guidelines paragraph, the Council discussed the proposed Flex-time for exempt employees on a 1:1 ratio for attending various meetings outside of their normal work day. The Council postponed action on this item until the January 20th Council meeting. M/S/P Johnston/Siedow – to adopt Resolution No. 2004-007, as amended, Amending the City’s Personnel Policy by deleting the “Vacation” and “Sick Leave” sections in their entirety; and adding a new section entitled “Personal Time Off”. (Motion passed 4-0). The Acting Administrator reported the City received a single proposal for medical insurance. The current vendor doesn’t mention anything of cafeteria strategy. This item will be brought up at the January 20th Council meeting. C. Metropolitan Council M/S/P Johnston/DeLapp – to direct the staff to appeal the decision of the Appeals Couth to the Supreme Court. (Motion passed 4-0.) 12. CITY COUNCIL REPORTS: Council member DeLapp indicated there will be a meeting on Thursday, January 8, 7 p.m., at Century College with Rebecca Otto, who invited two former finance commissioners to talk about finances. Council member Johnston reported AMM posted a link to the Court of Appeals decision in the Lake Elmo vs. Metropolitan Council case. LAKE ELMO CITY COUNCIL MINUTES JANUARY 6, 2004 7 Council Adjourn the meeting at 7:50 p.m. ---------------------- Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2004-001 Approving Claims Resolution No. 2004-002 Final Payment for Eagle Point Blvd I Resolution No. 2004-003 Final Payment for Eagle Point Blvd II Resolution No. 2004-004 Partial Payment for Hill Trail N./50th Street Resolution No. 2004-005 Final Payment for 50th Street Reconstruction Resolution No. 2004-006 2004 Employee Pay Plan Resolution No. 2004-007 Personnel Policy Amendment – Personal Time Off (PTO)