HomeMy WebLinkAbout02-03-2004 CCMLAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 1
MINUTES APPROVED: February 17, 2004
LAKE ELMO CITY COUNCIL MINUTES
FEBRUARY 3, 2004 1. AGENDA
2. MINUTES: January 20, 2004
3. PUBLIC/INQUIRIES/INFORMATIONAL:
A. Public Inquiries: Community Improvement Commission B. State of the Region Meeting C. Washington County Library
4. CONSENT AGENDA:
A. Resolution No.2004-011 Approving Claims
5. FINANCE: 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Request for Proposals – Trail System Plan
B. Street Sweeping
C. Update on Fire Dept. Activities: Chief Malmquist 8. CITY ENGINEER’S REPORT: 9. PLANNING, LAND USE & ZONING:
A. OP Concept Plan – Whistling Valley Second Addition
B. 2004 CDBG Project – Community Improvement Commission
10. CITY ATTORNEY’S REPORT: 11. CITY ADMINISTRATOR’S REPORT: A. Fire Dept. Officer Selection
12. CITY COUNCIL REPORTS:
Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Tom Prew, City Attorney Filla, Acting Finance Director Tom Bouthilet and Acting Administrator/Planner
Dillerud.
1. AGENDA 3B Community Improvement Commission membership, 3C. Met Co, 11A. Information
on Freedom Information action, Mayor Hunt will give an Update on the Marilyn Condon
workshop and agenda. Attorney Filla asked for a Closed Executive Session for 10
minutes to discuss the Hidden Bay Trail and 37th Street North property litigations.
M/S/P Dunn/Johnston - to approve the February 3, 2004 City Council agenda, as
amended. (Motion passed 5-0).
2. MINUTES: January 20, 2004
M/S/P DeLapp/Dunn - to approve the January 20, 2004 City Council Minutes, as amended. (Motion passed 4-0-1Dunn, Abstain).
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 2
3. PUBLIC/INQUIRIES/INFORMATIONAL:
A. Public Inquiries
It was the general consensus of the Council that they would consider the appointment of Jill Anderson, Lake Elmo Jaycees Secretary, to the Community Improvement
Commission, and asked that she fill out an application.
B. State of the Region Meeting
Council member DeLapp attended the State of the Region Meeting where Peter Bell was
the primary speaker. DeLapp reported that Bell stated how every governor resulted in a
new direction for the Metro Council; and that keeping costs low is the #1 concern.
C. Washington County Library
Wyn John, Friends of Lake Elmo Library, reported that on January 29 the Washington
County Board met and noted that by 2010 there will be considerable growth in
Washington County. There was a conclusion that the Lake Elmo library would exist, and that the Board was aware of the City’s potential purchase of building for new City hall,
with present City Hall potentially accommodating the library. The Board will not
proceed with architects until it hears from Lake Elmo. Since this building may not be
available until 2005, the Friends of Lake Elmo Library might start to look at other areas
for a temporary rental. Acting Administrator Dillerud said he will be meeting with owners of 3880 Laverne Avenue N. on Thursday to discuss a purchase agreement.
4. CONSENT AGENDA:
A. Resolution No.2004-011 Approving Claims
M/S/P DeLapp/Dunn - to approve Resolution No. 2004-011, Approving claim numbers 185, 186, DD98 through DD103, 25089 through 25091, which were used for staff payroll
dated January 22, 2004, and Claim Numbers 25092 through 25131 dated February 3,
2004, in the total amount of $132,315.79. (Motion passed 5-0).
5. FINANCE: 6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING: A. Request for Proposals – Trail System Plan
The City Planner reported that in 2002 the Parks Commission created a Trail Plan
Subcommittee to begin work on a new Trails System Plan with the City Planner assisting.
Work had started on the resources inventory component of the plan. All of the work on the Trail Plan was suspended by City staff when the City Planner was asked to take on the duties of Acting City Administrator on December 19, 2002. The Trail Subcommittee
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 3
and Park Commission concurred with the City Planner’s recommendation that the project
be contracted to a competent planning consultant for completion. The Trails
Subcommittee composed a Request for Proposal to solicit that work and a Trail Study is
in the approved CIP as a $20,000 capital project in 2003. Even though the Trail Plan RFP was prepared by the Commission earlier 2003, the
Commission was advised that it would not be presented until the CIP was adopted by the
Council, which was in December, 2003. The draft RFP was presented to the City
Council for its approval to proceed. M/S/P DeLapp/Siedow - to approve distribution of a Request for Proposals for consultant
services to prepare a Trail System Plan, as recommended by the Park Commission and
Acting City Administrator, with the inclusion of existing trails and background work
completed by a Trail Committee several years ago. (Motion passed 5-0). B. Street Sweeping
The Acting Administrator reported that the former Maintenance Supervisor and the
present Acting Supervisor has recommended that the City suspend sweeping with City crews, and contract that work with a private firm. This strategy was concurred in following review by the Maintenance Advisory Commission on October 29, 2003. The
primary motivation for this recommendation include difficulties with disposing of
sweepings; and, the expense of owning, storing and maintaining a street sweeper used
only during short periods of the year. Council member DeLapp noted that back 4 years ago the decision to purchase a street
sweeper was because we needed to use it 12 months of the year which made no sense
then. Mayor Hunt added that the primary rationale was to have the ability to clean up
developments. Council member Siedow stated that it appears that a mistake was made on street sweeping strategy, and it would not be the last mistake.
M/S/P DeLapp/Dunn - to direct the City Administrator to accept the proposals of Allied
Blacktop Company (per rates quoted) for street sweeping and Miller Excavating (per
rates quoted) for sweeping, trucking and disposal as the lowest responsible quotations for 2004 street sweeping. Further that the City retain the Elgin street sweeper pending a review of the 2004 contract street sweeping program. (Motion passed 5-0).
C. Update on Fire Dept. Activities: Chief Malmquist
Fire Chief Malmquist reported that out of the four new recruits there are two remaining
and introduced Amanda Collyard and Lauren Potter, who will be probationary members
on the department.
M/S/P DeLapp/Dunn - to approve Amanda Collyard and Loren Potter as probationary members on the Lake Elmo Fire Department. (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 4
Fire Chief Malmquist recognized John Laatsch who was a probationary member and
placed on as Firefighter #76 of the Lake Elmo Fire Dept. The Council congratulated
Firefighter Laatsch and Bonnie Collyard who was nominated Fire Fighter of the Year.
8. CITY ENGINEER’S REPORT: 9. PLANNING, LAND USE & ZONING:
A. OP Concept Plan – Whistling Valley Second Addition
The City Planner reported that, at its January 26, 2004 meeting, the Planning Commission recommended approval of the OP Concept Plan of Whistling Valley Phase 2 to create 18
SFD building lots on a site of 45 acres east of and adjacent to the Whistling Valle OP.
The approval recommendation was subject to several conditions.
Bob Close, Close Landscape Architecture, presented a revised OP Concept Plan, dated February 3, 2004, which addressed the conditions number 1, 2, and 4 recommended by
the Planning Commission. Close said he would work with the Fire Department on the
width of the roads.
There was discussion on the width of the trails and whether they were private trails or should be public trails because of the cost. The Planner will bring the trail item to the
Parks Commission.
M/S/P DeLapp/Siedow – to adopt Resolution No. 2004-012, A Resolution Approving the Open Space Concept Plan for Whistling Valley Second Addition with the deletion of Conditions No. 1, 2, and 4, per plans staff dated February 3, 2004 based on the
recommendation of the Planning Commission as to the Findings and Conditions
contained in the Approval Resolution. (Motion passed 5-0).
B. 2004 CDBG Project – Community Improvement Commission
The City Planner reported that the Community Improvement Commission recommended
that both the $10,000 balance of the 2000-2003 City CDBG allocation; and, the $48,000
2004 City CDBG allocation be applied to inspection of private gas service connections to the individual Cimarron manufactured housing units (some of which are nearing 40 years
of age). The Planner noted that until the initial inspections are completed to the oldest
units, it will not be known whether it will be necessary t inspect all 505 units. The
Commission also recommended that the project include a grant opportunity for income
qualifying unit owners to make whatever repairs and corrections to gas services found to be required by the inspections.
M/S/P Johnston/DeLapp - to draft a resolution approving the City’s 2004 CDBG Grant
Application. (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 5
10. CITY ATTORNEY’S REPORT: Attorney Filla asked for a ten minute Closed Executive Session after the adjournment of
the regular council meeting to discuss a proposed settlement on property complaints.
11. CITY ADMINISTRATOR’S REPORT: A. Fire Dept. Officer Selection
The Acting Administrator reported that on December 2, 2003 the Council tabled a
proposal by Fire Chief Malmquist, endorsed in concept by the Acting City Administrator, to modify the historic and current process of selecting Fire Department offices. The
department internal election of officers (Chief, District Chiefs and Captains), and
confirming appointments by the Council would be replaced by a process similar to that of
the City regarding any other employee or supervisor—a recommendation to the Council
by the City Administrator, and appointment by the Council in keeping with Section 200 of the City Code. Rather than serving for specified terms, all department officers would
serve until discharged by the Council, again at the recommendation of the City
Administrator, and in keeping with Section 200 of the City Code.
The Council had tabled a motion to adopt the new selection process to allow time for the Fire Department staff to respond to the proposed selection procedure by an internal vote
to amend the Department By-laws to that effect.
Fire Chief Malmquist advised that the By-law amendment vote by Fire Department staff
took place on January 20, 2004. With 18 staff voting (of over 25 total Officers and Firefighters active in the department), the outcome was 8-10 to not modify the By-laws in
keeping with the proposed modification to the office selection procedure—departmental
election of officers remains in the department By-laws.
The Council again endorsed the new selection process to be consistent with the process similar to that of the city regarding any other employee or supervisor. Mayor Hunt stated
he would be in favor of an interactive workshop with the department as long as it didn’t
turn into a gripe session.
Attorney Filla noted the City would have to do some massaging of the City code. The by-laws deal with many things besides the selection of Fire Chief. The by-laws are still a
working document and by abandoning these laws, he had a concern as to what kind of
impact this would be on a paid-on-call Fire Department.
M/S/P Johnston/DeLapp – direct the staff to come back to the February 17th Council meeting with recommendation on how the Council would adopt the new selection process
proposed by the Fire Chief while maintaining the general framework of the existing by-
laws. (Motion passed 5-0).
Council member Dunn asked that Chief Malmquist find the SOG’s the Fire Department Study Committee had worked on to be placed in a book form.
LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2004 6
12. CITY COUNCIL REPORTS:
Freedom Information Act – Council member DeLapp reported that he had called the Met
Council for background on some of their accusations against the city. He had heard that the lower level employees at the Met Council were directed not to talk to anyone from Lake Elmo. DeLapp thought there must be some basis the Met Council didn’t want us to
know about and if we found that out this could help our legal team. The Acting City
Administrator explained that during the discovery phase our attorneys demanded every
piece of information regarding Lake Elmo. If the Met Council failed to provide us with some information, they are in violation and in contempt of court. Dillerud said he didn’t know if there is anything new other than METC staff opinions brought forth.
Mayor Hunt presented information on the following:
Arbor Day – Information on a seminar on saving trees will be passed onto the Council and planning commission. The Council was asked to submit names for appointment to for expired term of South Washington Watershed District.
The Center for the American Experiment is having their dinner and a table of 10 can be
purchased at a cost of $25,000 or $150 for an individual ticket. Council member Dunn advised that the Gathering Garden Cafe located on Lake Elmo
Avenue is now open for business.
Mayor Hunt indicated the desire to have a follow-up workshop between the Council and Marilyn Condon to discuss strategic planning. There was some question if this workshop was covered under the initial agreement versus paying an extra $1,000.
Council member Johnston – The perspective review of the Center for American
Experiment report has been delivered to all the AMM metro agencies committee and the committee will be asked to make recommendations.
Council member Siedow reported that there was an article in the Stillwater Gazette
regarding the new MN/WI Bridge, and one of the options taken off was no bridge at all.
The Council adjourned the regular council meeting at 8:55 p.m. to discuss property complaints and the Hidden Bay property.
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Respectfully submitted by Sharon Lumby, Deputy City Clerk
Resolution No. 2004-011 Approving Claims Resolution No. 2004-012 Approve the OP Concept Plan for Whistling Valley Second
Addition
Resolution No. 2004-013 Approve 2004 CDBG Grant Application