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HomeMy WebLinkAbout03-16-2004 CCMLAKE ELMO CITY COUNCIL MINUTES MARCH 16, 2004 1. AGENDA 2. MINUTES: March 1, 2004 3. PUBLIC INQUIRIES/INFORMATIONAL: 4. CONSENT AGENDA: A. Clean Up Day Lease Agreement 5. FINANCE: A. Johnston Construction Claim B. Street Lighting – Fields of St.Croix Resolution No. 2004-022: Approving Claims C. Monthly Operating Report 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Building Dept. Update: Jim McNamara 8. CITY ENGINEER’S REPORT: A. Resolution No. 2004-024: Adoption of New State Aid Route B. Resolution No. 2004-023: Approving Plans and Specs and Ordering Advertisements for Bids for 2004 Overlay Project 9. PLANNING, LAND USE & ZONING: 10. CITY ATTORNEY’S REPORT: A. Abatement Order B. Data Practices Policy Waiver 11. CITY ADMINISTRATOR’S A. Fence Ordinance Violations B. Set Workshop Dates C. City Administrator Search: Jim Briemeyer 12. OLD BUSINESS: A. Local Lodging Tax 13. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official McNamara, and Acting Finance Director Tom Bouthilet. 1. AGENDA M/S/P Siedow/Johnston - to approve the March 14, 2002 City Council agenda, as amended. (Motion passed 5-0). ADD:5C1 Claim, Planning Land Use and Zoning:House sizes, 11B1 agenda for workshop: oversight of code enforcement 2. MINUTES: March 1, 2004 M/S/P Siedow/DeLapp - to approve the March 1, 2004 City Council minutes, as amended. (Motion passed 5-0). 3. PUBLIC INQUIRIES/INFORMATIONAL: Gloria Knoblauch asked if the City had an ordinance against tearing down historic buildings. She had heard rumors that a person bought the building that housed the Lake Elmo Library on Lake Elmo Avenue and was going to tear it down. The Council responded there is no City ordinance preventing houses being torn down in the Old Village. They gave credit to Mr. Bush who worked with the Old Village Commission remodeling a building to make it a store front on Lake Elmo Avenue. 4. CONSENT AGENDA: A. Clean Up Day Lease Agreement Clean-Up Day is scheduled for Saturday, May 22, 2004, 8 a.m. until Noon, at the Washington County Fairgrounds. Staff is requesting approval of the lease agreement with the Washington County Ag Society for Clean-Up Day in the amount of $150.00 ($50 down payment/damage deposit and $100 rental). M/S/P Dunn/DeLapp - to authorize the Mayor to sign the Lease Agreement with Washington County Ag Society for use of the Washington County Fairgrounds for Clean Up Day and Approve the rental fee of $100 with 50 deposit. (Motion passed 5-0). 5. FINANCE: A. Johnson Construction Claim On March 2, 2004 the Council removed this claim for storage from the claims list, and tabled consideration pending a report from staff as to the zoning status of the property. The Council received a copy of Resolution 99-84, adopted by the Council on November 16, 1999 that finds the Johnson storage building (both pre-existing and new) to be a legal non-conforming use. The Council approved both setback variances and a site plan for the building at a slightly revised location from that of the old. M/S/P Johnston/Dunn - to approve the Johnson Construction claim for City storage rental. (Motion passed 3-2:Johnston , DeLapp) B. Street Lighting – Fields of St.Croix The City received an invoice from Xcel Energy for electric service for the street lights in the Fields of St.Croix neighborhoods. This is a new occurrence since Bob Engstrom or the HOA have paid the electricity charges until now. In the past the City Council has declined the request for payment of electricity to Xcel for streets lights because the Fields of St.Croix were not part of the original plans for the neighborhood. The developer had choose to install the lights as an amenity, and the City was not responsible for their costs. The Acting Administrator recommended the Council authorize payment of this claim; and, to direct staff to prepare and submit for Council consideration a City street lighting utility to replace the General Fund payment of the monthly street lighting bills with direct payment by the direct benefactors of that lighting. An exception would be safety lighting at major street intersections. M/SP DeLapp/Johnston - to authorize payment of invoices to the City for street lighting in the Fields of St.Croix neighborhood. (Motion passed 5-0). M/S/P DeLapp/Johnston - to direct City Staff to prepare a street lighting utility for Council consideration. (Motion passed 5-0). C. Resolution No. 2004-022, Approval of Claims M/S/P Dunn/DeLapp - to approve Resolution No. 2004-022, A Resolution Approving claim numbers 191, 192, DD118 through DD123 25264 through 25273, that were used for Staff, payroll dated March 3, 2004, claim numbers 25233, 25274 through 25336 dated march 16, 2004 in the total amount of $169,272.15. (Motion passed 5-0). M/S/P DeLapp/Johnston – to adopt Resolution No. 2004-025 Next Genesis for $10,795. (Motion passed 5-0.) Monthly Operating Report The Council was provided the first monthly operating report and looked forward to receiving the reports on a regular basis. 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Building Dept. Update: Jim McNamara The Building Official reported there was one new residential permit issued and no new commercial permits issues in February, 2004. The Building Official reported on and will provide information for the newsletter on wood fasteners for the new treated wood products for exterior use. 8. CITY ENGINEER’S REPORT: A. Resolution No. 2004-024: Adoption of New State Aid Route At the March 1 meeting, the Council passed a petition for annexation for a small portion of West Lakeland Township. Tom Prew explained that the Township has passed the same petition and it has been forwarded onto the Department of Administration. This annexation was done so that Manning Trail could be designated a State Aid Route. M/S/P Johnston/Siedow - to adopt Resolution No. 2004-024, A Resolution Establishing Manning Trail as a State Aid Highway. (Motion passed 5-0). B. Resolution No. 2004-023: Approving Plans and Specs and Ordering Advertisements for Bids for 2004 Overlay Project At the March 1 meeting, the Council requested the City Engineer prepare an alternate bid to remove bituminous from the center of the cul-de-sacs and replace it with a landscape islands. The Council approved the City Engineer going out and bid the excavating and placing top soil. An informational meeting will be held with the residents to discuss ownership of the landscape islands. M/S/P Siedow/Johnston – to adopt Resolution No. 2004-023, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bid for the 2004 Overlay Project: 49th Street N., Jane Circle N., Jasper Avenue, Jerome Avenue, including the Alternate Bid as described by the City Engineer on March 16, 2004. (Motion passed 5-0). 9. PLANNING, LAND USE & ZONING: A. House sizes Council member DeLapp asked if the City should place a limit of 6,000 sq.f.t on 2.5 acre lots. The City Planner noted the Old Village Plan provides a variety of housing types and values for the City. 10. CITY ATTORNEY’S REPORT: A. Abatement Order The City Attorney provided correspondence on the cleanup of property located on 37th street. The Council agreed to proceed with the property clean up, even if the cleanup bid would amount to approximately $15,000. B. Data Practices Policy Waiver M/S/P DeLapp/Siedow – to direct staff to proceed with the CD for $200. (Motion passed 3-1Dunn.) The Council asked to look at a document management system. EXCERPT FROM THE MARCH 16, 2004 CITY COUNCIL MINUTES: 11. CITY ADMINISTRATOR’S REPORT: A. Fence Ordinance Violations The Lake Elmo Planning Commission was directed to develop new fence ordinance for the City Council’s consideration. Planner Dillerud reported to the Council that the Planning Commission decided not to impose height restrictions on solid fences based on lot sizes because commissioners found taller, solid fences could be installed for legitimate reasons, such as around a swimming pool or tennis court for safety and privacy. The Planner also reported that the Building Official went through the city and identified at least 25 fences that do not conform to the city’s ordinance. Because the City did not require fence permits until February, Dillerud said it would be difficult to determine the age of the fences. If a fence was built before the city adopted its ordinances, it would be a legally non-conforming fence. If it was constructed after the ordinance was adopted and does not meet the requirements, it would be an illegal fence. Council member Johnston stated that staff was never asked to look at the whole community. Now the city has to deal with 25 non-conforming fences rather than just one fence. Attorney Filla responded that because he felt it could be discrimination if the city enforced the fence ordinance only in one section of the city, the building inspector was asked to look at the entire city. Attorney Filla said the burden of proof would be on the residents with the non- conforming fences because the time period for which the fence was built would be a defense. He also said residents should be able to easily prove when the fence was built without going to court. All they would need is an invoice from the lumber company that provides the wood. Council member DeLapp noted that the rule we have been following has been, if there is a complaint then we look into it and correct the problem and do not canvass the entire city. Council member Siedow said he didn’t want to go down the road and find fences not in compliance, just deal with the fence in question. Attorney Filla stated the city doesn’t have to continue to make the same mistake year after year. Chad Simich, Carriage Station resident, told the Council he was open to working with the city and his neighbors to come up with a solution to his non-conforming fence. It wasn’t his intent to break any ordinances. He was in contact with the Homeowners Association and the Building Official and that is why the fence took the shape it is. Planner Dillerud said he would work with Mr. Simich to see if a compromise or appropriate solution can be found. Jason Silinski, Carriage Station resident, said he is very concerned that the city may start enforcing its fence ordinance because he has $12,000 invested in his fence. He said that his wife called the city and was told that they could install a fence as along as it was not chain link or over 6 feet tall. If he planted trees around his entire lot, his lot would be filled up with foliage. He asked what is the definition of a solid fence…his definition is concrete. Nancy Bielenburg, Carriage Station resident, asked the City to consider the safety factor of tall, solid fences while reviewing the new ordinance. She said she cannot see her 13-year old son behind the tall fences in Carriage Station and worries that a small child may run out and get hit by a car. She added that the lots in Carriage Station are beginning to look like pieces to a jigsaw puzzle because the lots have unusual shapes and some homeowners have built fences while some have not. M/S/F Johnston/DeLapp - to direct the staff to modify the Planning Commission proposal to disallow solid wall fences over 4’ in height. (Motion passed 1-4:Siedow, Dunn, Hunt, DeLapp: They did not want to override a decision by the Planning Commission before they saw the new ordinance.) M/S/P Johnston/Dunn – to delay enforcement on the fence ordinance until the Council receives the newly revised fence ordinance. (Motion passed 4-1:DeLapp voted against the motion because he said it was the same motion the council made last year.) The Council will hold a Code Enforcement workshop on April 13th at 4:30 p.m. Council member DeLapp indicated he may not be in attendance because of a county meeting. B. es C. City Administrator Search: Jim Briemeyer Mayor Hunt said he had a discussion last week with JB that he was going to bring up tonight and that he senses that there are some issues that council members were not comfortable in hiring a full fledged ca today and might consider a dual reporting ladder. With CA reporting to directly Council handling half of the city responsible admin part and continue have planner report directly to the Council. There is nothing that would stop that from doing. Briemeyer: Council needs to decide what the administration part goes under the ca and planner. Human Development and Planning, Land Use and Zoning goes to chuck and the rest, finance, admin, fire, public works fall under CA with the understanding that he is not going to on forever. Realizing what the full fledge role of a CA would be. Narrower a list that would go to the candidates and he thinks some of them would be interested.. Siedow: If we are going to change the scope of the CA position and the applicants, then we shouldn’t be doing it. Dunn: Looked at it the primary attributes, for the budgetary, knowledge of finance, knowledge of personnel. In reality in a small city, have PZ or admin have different tasks and still cross functional. She does not have a problem with that scenario. Briemeyer: One of these two positions, ca have to come to the Council to say we need to add staff or cut, chuck should not have the authority to hire 3 new planners because he doesn’t have the HR responsibility. There noting in under this form of govt we that everyone couldn’t report to the Council if you chose. You are set up this way, in the but have chose to have a ca. There are cities in the state that operate very successfully with Dept Heads dealing with the council on a regular basis, ultimately when the trouble comes somebody’s feet is put to the fire, it is usually is the CA. If you decide to go this way, you should have interviews and select candidate, he should rewrite the profile, and then draft by you and see if this is what you think if it would work. Then he would bring it to the candidate and ask if they thought it would work. Johnston: We have spent a lot of time in these 15 mos that I have been on the Council talking about effective organization and management structure. Part of what we need to is look at what is what we need to do to keep that happening. Some of the things that need to be done, for example, are the people that report to the council have to have performance appraisals. To the best of his knowledge, he has never participated in performance appraisals. It is my understanding that we have not routinely given a performance appraisals. I would oppose having two people reporting to the Council instead of one because it puts additional burden on the Council to manage those people directly and secondly I don’t feel it is an effective management structure. We talked about reorganizing the Fire Dept. to make it more orderly and straight forward and think we should take our own advice. I feel quite strongly that this is a bad way to go. We have been 15 mos into the process, we made the decision that we are going to conduct the search, committed $20,000 to conduct the search, the search is almost complete, look at candidate in just a few days, and now we are going to change direction. Briemeyer – But Dean that is the piece that I should write that out, like the performance appraisal, maybe the CA should still do the performance appraisal on the planner, that doesn’t prevent the planner from reporting to the Council, that doesn’t prevent the performance appraisal going to the Council. Johnston: I understand that and I am speaking against it. DeLapp: I support the initial proposal, and support the comments that I understood from Council member Dunn. I am a strong believer in having as flat an organization as possible and low cost organization and an empowered one. I think everybody has prven right ow that over these 15 mos. that with a few bugs, like the fence, grabs ahold ofhings and tried to get things downon their own, they don’t need tohave two people do everything somebody looking over everybodys shoulder. If we get a working administraotor who actually has work to do, rather than sit there and tell Sharon how to do her job which she would have to tell them, no that isn’t how we would do it. We are short a position. I thought that position would be better as as asst planner, I would support it as a higher level finance person that could also deal with personnel issues with the idea that we wouldn’t have to hire out for that portion of the work. Probably woult have tohiare out for planning issues at that point. Anything to do to flatten things out. I don’t even like the title CA, rather have personnel director. Breimery: You can have it flat, but you have to assign responsibiities. Siedow: Hange the scope of the city admin job we should not be doing it per Sidow. We are just bakstepping and am totally against it. I don’t even like the title of CA, rather have Dunn thepriarmy atribut4es finane, personnel, different tasks are still cross funitonal doesn’t hafe aproblem with that scenario. Briemery ca positon has the responsibility to hire positions. YUou ofculd hagve eafh ep heards eafch report to the council. If you go this way,k rewrite the profile and draft it by the Council and Chuck and ten go to the candidates and see if this is on it works. Johnston said we have to look at what we need to do to keep that organizational hat need to be done. Performance appriasial he undersnad hae not been done. Feel strongly this is a bad way to go. Support the initial prpsoal from Dunn, have a flat organization as possible and an empowered one. Everyone in the last 15 mos have….. not to hire out for the fncne portion of the work. Bri4emery you hafve to assign resp onsibiity and how are these re s ponsiblities defined. Hunt if we hire someone at a 3-2 vote they may not take the job. Leaning towards a split system. How does the conci maintain acconabilty to the residents and to the staff and keep us form micromanaging. Briemeyer what is the ob that needs to be done. Can the person that is hried do HR. Hunt two top people in the city work as peers. Move to go ahead with the interviews per Hunt. Johnston said this is a terrible time to change directions and change the organizational structure. Dunn said it is changing duties. Siedow agreed with Johnston. Hunt said there was not one with metropolitan experience. DeLapp/Siedow - request Jim put together a revised organization chart that splits the city workload into how we talked about and that interview applicant interested in lower level (cheaper) position that would be closer have emphasis on finance, city operations, human resources, fire and police (emphasis). Motion withdrawn per DeLapp/Siedow Present the writhdrawn organizational chart to the Council and begin the interview process as defined by the Council. DeLapp/Dunn (Motion passed 4-1 Johnston Johnston said we are too far along to make the fundamental changes. Siedow said he voted for the motion to keep this profess going forward with the understanding there still will be an administrative position. Schedule: car allowance negotiable now get $100 mos. New policy is the PTO for vaca ton/sick leave. , cdafe teria plan in April, 3 bids for reallocation. 90 days , severance provison---negotiable. Retirement Pera or opt out for deferred comp plan. Perfonrade evaluaito will be 6 mos., city related expeses, professional orga and onferences. Council call Pam with names beause Ji9m will be on the road o wed back in office on thusday. Planne will not be involved in the Saturday. But will coordinate Friday and Sat. . 12. OLD BUSINESS: A. Local Lodging Tax Does the city want to add lodging tax on our one facility? Johnston would not support the tax and at this time but would support someone to come in and talk to them. DeLapp suggested Dian Raleigh, Executive director of the chamber, come in and talk to the Council. Siedow and Dunn were not in favor of a new tax. Chuck will call Dian and made an appt.. 12. CITY COUNCIL REPORTS: theres a resolution support a bridge on Bielenger per Hunt. Tri chamber meeting with Bus assoc and council invited to participate. Metr co envir services Hunt and DeLapp attended a meeting gave to chuck. State of Cities report refieed by Hunt and the City has a copy. DeLapp look at articles on Woodbury bulletin road issues, etc Dunn thank you note to Oakland Gun Club is it done. Thanked the Leader for update on the bills. Put a call into Linda Higgins wanted regional govt not local govt. Adjourn 9:50 p.m.