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Home My WebLink About10-09-07 CCMCity of Lake Elmo 3800 Laverne Avenue North October 9, 2007 City Council Meeting 6:30 PM 1. Call to order 2. Attendance 3. Approval of agenda 4. Consider approval of an agreement with the MPCA for the clean up of the Baytown Superfund site to allow for the installation of an underground horizontal well under the VFW park (Agreement being finalized by attorney— will receive on Monday) City Council Workshop Directly follows the City Council Meeting Discussion of government: (City Council) Attachment 1 a. purpose of public inquiries and purpose of questions to the city council from the public on specific agenda items b. recommendation on planning commission appointment process (Sharon Lumby, City Clerk) 2. Fall Festival Discussion Attachment 2 3. Transitional 2008 to 2012 CIP (Tom Bouthilet) Attachment 3 a. A more comprehensive and budget and revenue/expenditure based CIP is being planned to complete in the coming months. In the meantime, a transitional CIP closer to what has been done in the past is being prepared with the focus on 2006 1) Proposed 2008 - actual projects that with identified funding sources should the city council approve them. 2) Beyond 2008 by priority 4. Review of Highway 36 and Lake Elmo Avenue Design Review Committee Process (Attachment 4) City Council Date: 10/9/07 WORKSHOP Item: 1 ITEM: Discuss topics related to public inquiry, public questions on the agenda planning commission appointments SUBMITTED BY: Susan Hoyt at City Council request Sharon Lumby, City Clerk The city council adopted an order of business and ground rules in June, 2007. The city council is working diligently to fine tune some aspects of the city council meetings in particular to clarify the purpose of the public inquiry portion of the city council meeting. Purpose of public inquiries and public comment/questions on agenda items BACKGROUND This is the city council's discussion. However, there area few public policy things to keep in mind as background for this discussion. A. Access to elected officials. o Access outside of meetinas Access to elected officials outside of public meetings is not restricted except by how you make information about contacting you available and by your control and response to those who access you. For example, one interested citizen can call you many, many times and talk about any topic. This is perfectly acceptable if it is acceptable to you. it is where individuals can inform you of their special circumstances, viewpoint etc, using the amount of time and tone that you, as an individual elected official on your own time, accept from citizen contacts. o Access to elected official in public meetinas The overriding principle about democratic government, as it is practiced at public meetings, is that every member of the public is treated the same way by the city council and that every member of the public has the same expectations on them from the city council, no matter if they are a visitor, a new resident or a long time resident, who has attended many city council meetings. The city council has adopted ground rules and an order of business to reassure everyone that there is equal treatment. o Posting and, more importantly, reading the order of business at every council meeting reassures the council and the public that everyone knows how business is done at the city council meeting. No one is sitting in the audience wondering when he or she gets to talk and everyone watching the meeting understands the process too. o The three minute rule for public inquiry and public questions/comments to the council after each agenda item is one way the public knows that whatever side of an issue he or she is on that individual on the other side of the issue will not be given more opportunities or longer time to express him or herself. B. Public agendas The purpose of the publicly posted and prepared agenda three days prior to the meeting as required by statute is so that anyone in the public can review the agenda to determine if there is a topic of interest to him or her on the agenda so that he or she can contact an elected official, a staff person and/or attend the meeting on this topic and learn what information and what, if any, decision is made. Typically, additions to the agenda at the meeting on housekeeping types of items unless there is a compelling public purpose in amending the agenda for a major item at the meeting DISCUSSION: 1. Purpose of Public Inquiry 2. Planning Commission Appointments II. Planning Commission Appointments One of the goals of good government is to be able to communicate clearly and consistently with the public and appointed boards and commissions. This helps everyone understand what timelines commissioners are subject to and when an interested citizen should definitely be attending to the appointment processes. After being asked to review the commission appointment process, the city clerk is recommending that to meet these goals that the planning commission appointment process be amended to return to the same process used by other commissions. Current process. In 2005 the planning commission appointment process was changed so that the appointments began at the date of appointment and expired on the anniversary date of the appointment three years later. This is inconsistent with how the other commissions are handled and it is confusing track and communicate since appointments come up sporadically throughout the year. There is also no built in assurance that terms will not all expire at the same time. This is left to the council's discretion as it is unclear what purpose this serves at this time. (Attachment 1) Proposed process. The process currently used by other boards and commissions. o Make new appointments and reappointments in January of each year. o Have all appointments expire after three years on December 31 of the year. o When there is a resignation on a commission, appoint the new commissioner (or alternate) to the position to complete the term until December 31 of the year the term of the original commissioner expired and allow the current commissioner to be appointed to his or her own term. (This keeps the terms staggered because vacated terms that have not expired get filled only for the duration of the original term.) A Planning Commission is continued in the city. (1997 Code, § 210.01) § 32.026 PURPOSE. The Planning Commission is established to meet the requirements of state statute; to develop and enforce the Comprehensive Plan and amendments to the plan, subject to Council approval and the requirements of the Municipal Planning Act; and to review and make recommendations on subdivisions, zoning applications, planned unit developments, and site and building plans as provided by ordinance. No expenditures by the Commission shall be made unless and until authorized for the purpose by the Council. (1997 Code, § 210.02) (A) Generally. The Planning Commission shall consist of 9 voting members and 2 alternate members. The voting members shall be appointed by the City Council for a 3-year term. Voting members may not serve more than 2 consecutive terms. Appointment to an additional term(s) will be considered with the available applicant pool. Alternate members shall be appointed to serve until there is a vacancy on the Planning Commission. The City Council shall appoint a first alternate and a second alternate who shall become voting members in the order of their appointment. In its discretion, the City Council may adjust the lengths of terms of office for Planning Commission members so that no more than one-half of the terms expire in any given year. (1997 Code, § 210.03) (Am. Ord. 97-96, passed 1-15-2002; Am. Ord. 97-147, passed 2-15- 2005) (B) Special appointments. (1) At the discretion of the City Council, up to 5 additional appointments can be made to the Planning Commission, for each special project, including but not limited to Bnvironmental Management, Maintenance Advisory, and the Old Village, to assist with special projects currently in process, or directed by the City Council to be studied, drafted, and completed. (2) The term of the special appointments shall expire 2 years firom the date of appointment, or upon completion of the special project, whichever is first. Any special appointee may request reappointment if the specific project is not completed in that time. (3) (a) Special project appointees shall have full voting privileges only on issues specifically related to the special project. (b) Pull voting privileges for the regular Planning Commission shall remain consistent with this section. (Ord. 97-67, passed 1-2-2001; Am. Ord. 97-70, passed 1-16-2001) § 32.028 QUALIFICATIONS. Each member and alternate member shall be a resident of the city. Wherever possible, Commission members should represent all geographical areas of the city and a cross-section of the population of the city at the time of appointment. (1997 Code, § 210.04) ,r � Any member or alternate member may be removed by a 415 vote of the Council, for cause. Cause shall include but not be limited to having more than 3 consecutive absences or being absent from more than 1/3 of the meetings in any I calendar year. The Council may consider _ exceptional circumstances when applying this rule. (1997 Code, § 210.05) § 32.030 OFFICERS. The Commission shall elect a Chairperson, a Vice Chairperson, and a Secretary from among its appointed members at the annual meeting each year, for a term of 1 year. The Chairperson shall preside at all meetings of the Commission, if present, and shall perform all other duties and functions required by state statute or assigned by the Commission or the Council. The Vice Chairperson shall perform these duties in the absence of the Chairperson. If a vacancy occurs in the Chairperson's office, the Vice Chairperson shall assume the Chairperson's duties for the remainder of the year, and a new Vice Chairperson shall be elected by the Commission at a special election to be held at the next regularly scheduled Commission meeting, after at least 2- days written notice to each Commission member. The Secretary shall perform those duties assigned by state statute only. A recording Secretary shall be appointed by the Council to take and keep the minutes and records of the Cormmission. (1997 Code, § 210.06) § 32.031 ANNUAL MEETINGS. (A) The Commission shall hold an annual meeting the second Monday in the month of January in each year. (B) The meeting shall be devoted to the election of officers and other business as shall be (1997 Code, § 210.07) 32.0.32 ANNUAL WORK PLAN. The Planning Commission shall meet with the Council at the Commission's first meeting in September each year to develop an annual work plan, including a list of projects, points of interaction on projects, programs, and goals for the following year. (1997 Code, § 210,08) Regular meetings shall be held in the City Hall at 7:00 p.m. on the second and fourth Mondays of each month. No action shall be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A regular meeting may be canceled or rescheduled by the Commission at a prior meeting or if there are no scheduled agenda items on the Thursday prior to the meeting. All action taken by the Commission shall be by the affirmative vote of a majority of the members present. (1997 Code, § 210.09) Special meetings of the Commission shall be held in the City Hall at a time and place designated or at a public place at a time designated and shall be called by the Chairperson. Upon the written request of at least 4 members, the Chairperson shall be required to call a special meeting to be held within 7 days of the request. Written notice of the meeting shall be given to all members not less than 3 working days in advance of the meeting. (1997 Code, § 210.10) § 32.035 QUORUM A quorum shall consist of S members. (1997 Code, § 210,11) (Am. Ord. 97-14, passed 9-2-1997) § 32.036 VOTING. Each member attending any meeting shall be entitled to cast 1 vote.. Voting shall be by voice vote. If any member has a personal interest of any kind in the matter before the Commission, the member shall disclose the interest and be disqualified from voting upon the matter. The Secretary shall record in the minutes that no vote was cast by that member. Alternate members shall be entitled to cast 1 vote in the absence of any member. The second alternate shall be entitled to cast I vote in the absence of any 2 members. ...rmavr+...e..es:.i(iAvaI�I.SL.�uMt±.y=[U;.��.�N�/..'.�Y'rv..nw:rtx.-..:.wawmnnwew.5:xfn.umt..rna..w x..ria'nm� Ym....erv�nd-nu.��u4e �uaH>mi..kw: vmw :rin�wu .=u.�.wu :r...nuw -. x.:.rtu wex.n.mn .Mxx�. .n' § 32.037 PROCE EDINGS. At any regular meeting of the Commission, the following shall be the regular order of business: (A) Roll call; (B) Approval of agenda; (C) Minutes of the preceding meeting; (D) Public hearings as scheduled on the agenda; (E) Old and new business as scheduled on the agenda; (F) Communications; (G) Other; and (H) Adjournment. (1997 Code, § 210.13) § 32.038 RULES OF PROCEDURE. All meetings of the Connnission shall be conducted in accordance with the Revised Robert's Rules of Order. (1997 Code, § 210.14) § 32.039 AGE, NDA. The Chairperson shall cause all items to be considered at any meeting to be placed on a written agenda by the City Administrator or an appointed designee. The City Administrator, or appointed designee, shall advise the Chairperson of any matters the Commission must consider by Council directive, ordinance, or statute and shall have prepared and supply a written agenda of all meetings to all Commission members, the Council, and the public no less than 4 days before each meeting. (1997 Code, § 210.15) § 32.040 RECORDS. Each fornlal action of the Commission shall be embodied in full upon the minute book as „,_ o ' i . ,,reouta Thy ztne gaileetmg. steal bepoved to each ixiembertl Council, and the public no more than 7 days after the date of each meeting. The recommendations and findings of the Commission shall be presented to the Council at the next regularly scheduled Council meeting. The records of meetings and actions and recommendations shall be transmitted to the City Administrator, or appointed designee, for keeping and distribution. (1997 Code, § 210.16) Commission members shall be encouraged to avail themselves of training courses offered by the city, the state, and other government and public training agencies and the Council shall budget for the reimbursement of expenses incurred in training each year. (1997 Code, § 210,17) COMPREHENSIVE (A) Plan. The Planning Commission shall have the powers and duties given city planning agencies generally by law. The Commission shall also exercise the duties conferred upon it by this code. It shall be the purpose of the Planning Commission to prepare and adopt a Comprehensive Plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan, and other matters relating to the physical development of the city. The plan may be prepared in sections, each of which shall relate to the Comprehensive Plan program. After the Commission has prepared and adopted the Comprehensive Plan, it shall periodically, but at least every 5 years, review the Comprehensive Plaza and any ordinances or program implementing the plan. (B) Means of executing plan. Upon the adoption of a Comprehensive Plan or any section, it shall be the concern of the Planning Commission to recommend to the Council reasonable and practicable means for putting into effect the plan or section in order that the same will serve as a pattern and guide for the orderly physical development of the city and as a basis for judging the timely disbursements of funds to implement the objective. Means of effectuating the plan shall, among other things, consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the Council. (C) Zoning ordinance. The Planning Commission shall review all proposed amendments to the zoning ordinance, take part in public hearings, and make recommendations to the Council as may be prescribed by the zoning ordinance. (D) Conditional use permits. (1) The Planning Commission may make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance. (2) The Commission shall report its recommendations to the Council for action. (E) Subdivisions. The Planning Commission may make recommendations in relation to the subdividing of land as prescribed by the ordinance; the Commission shall report its recommendations to the Council for action. (F) Variances, The Planning Commission shall hear all variance requests from the literal provisions of this code, and shall follow the guidelines set forth in the zoning code. (G) Capital Improvement Program. (1) (a) The Planning Commission shall endeavor to obtain from city officers a descriptive list of proposed improvements for the ensuing 5-year period. (b) The Planning Commission shall also request from the local school district a similar list of its proposed public works. (2) (a) The Planning Commission shall list and classify all the proposed public works and shall prepare a coordinated program of proposed public works for the ensuing year and for a projected 5-year period. (b) The program shall be recommended by the Planning Commission to the Council and to the other officers, departments, boards, or public bodies as have jurisdiction over the recommended planning or construction of the public works. (1997 Code,.§ 210.18) EXPIRATIONS - Park Commission Expirations Terry Bouthilet 12/31/2007 Linda Wagner 12/31/2007 Todd Bruchu 12/31/2007 Rolf Larson 12/31/2007 Judith Blackford 12/31/2007 David Steele 12/31/2008 Jenifer Watters 12/31/2008 Resigned 1 10/2/2007 John Booher 12/31/2009 John Ames 12/31/2009 Vincent Adanene 12/31/2010 FVM Susan Dunn 12/31/2010 1 st Alernate Vacancy Planning Commission Expirations Actual date Ben Roth 12/31/2007 Oct. 2007 Charlie Schneider 12/31/2007 Aug. 2007 Tom Armstrong 12/31/2007 Oct. 2007 Todd Ptacek 12/31/2007 Mar. 08 third term Jennifer Pelletier 12/31/2008 Mark Deziel 12/31/2008 Deborah Lyzenga 12/31/2008 Julie Fliflet 12/31/2008 Robert Van Zandt 12/31/2008 Bob Helwig 12/31/2009 Laurie McGinnis City Council DATE: 1019/07 WORKSHOP--vCT4-M Z ITEM: Discuss citywide celebration in fall SUBMITTED BY: Susan Hoyt, City Administrator The city council is being asked to provide direction on if and how to proceed with a citywide celebration in the fall of 2008. The idea for a citywide celebration other than Huff N Puff and the Fourth of July, which are not city sponsored, arose following the fire department 50t" event. The Community Improvement Commission is planning to discuss this at its next meeting on October 17, 2007. Prior to this discussion, the city council may wish to provide direction to the CIC on the event. This might include: availability of funding from the Jaycees annual contribution that is also used for the volunteer event - giving some direction to the committee on the event including o timing o scale o cost o location o involvement - providing direction on whether or not the city council would support approaching local organizations and businesses for financial support for this activity City Council Date: 10/9/07 W ORKSHO Pm•2-rc,r n ITEM: Transition 2008 CIP SUBMITTED BY: Tom Bouthilet, Finance Director REVIEWED BY: Susan Hoyt, City Administrator The city's CIP has historically been a wish list of projects with potential, but not solid funding sources. In the coming months, the city council will be reviewing a CIP that is tied to a budget plan and actual financial revenue sources to cover planned costs for the CIP so that the wish list is set in reality. This fully developed CIP will ultimately identify capital costs including infrastructure that are programmed and budgeted for so the document can be used as a communication and implementation tool for the future. This will include the water and sewer plans as well as parks, trails, roads (based upon a pavement management program), public works equipment and public safety equipment. It will be a plan that you can consider, revise, adopt and annually amend as you see fit. It will be a plan that does not rely on fund balances too a large extent. In the meantime, the staff will work with a 2008 CIP that can be implemented within the financial resources programmed and available in 2008. Given the limited funds in 2008, the CIP will be very limited in scope to conserve on fund balances at a time that they cannot be replenished. The park commission is reviewing its CIP plans for 2008. The Maintenance Advisory Committee (MAC) will be asked to comment on any proposed new equipment. The purpose of the CIP workshop discussion is to have you review the list of projects and add those you feel the CIP should address at some time in the future five years so we don't lose them even if they are not priorities for this years. City of Lake Elmo 2008 Draft Capital Acquisition Report Administration Amount Comments Copy Machine 40,000 _ Electronic Records Equipment 15,000 Plotter 10,000 Building --- Fire -- -------- I._Vehicles __ 100' Ladder Truck 850,000 Command Vehicle 40,000 _ 75' Ladder/Pumper 650,000 — Heavy Rescue 375,000 ------ T_hermal Imaging Camera 10_,000 _ — Replacement Fire Hose 9,000 3,000 Over Three Years _ — Laptops 6,000 2,000 Over Three Years _ —_ Turn Out Gear 30,000 Public Works Bob Cat Trade-in 2,000 _ Annual ---- Black Top Roller ----- 10,000 ------ Wood Chipper 30,000 _ — 40,000 -- -- Portable Air Compressor 13,000 _ Dump Truck 165,000 Tatem Truck 180,000 _ _ One Ton Truck 60,000 Parks Equipment Boom Truck 45,000 Mower 15,000 Tractor Mower 70,000 Parks Capital Heights Park_ —__— Ball Field 25,000 Play Structure 25,000 _ Lions Park Merry_ -Go-Round Pebble Park Tennis Court Resurface 20,000 -- -- Reid Park - -- --.. - Parking Lot 12,000 ----------- --- Playground Equipment ------- 32,000 — -_ Sanctuary Master Plan 5,000 Future Amenities _ _ 5,000 DeMontreville Park _ -Pal villion 30,000 Resurface Basketball Court 5,000 Lake Jane Hills Park Pet Park 5,000 ------------------__ Stonegate Park — Parking Lot 10,000 Tralllmprovements_ 300,000 -- Infrastructure Reserve Subject to Change based on Pavement Mgmt Plan _ _ (Current Street List Based on 2006 Engineer's Recommendaton) Lisbon 49,770 Reclaim/Overlay Legion Lane 161,770 _ Reclaim/Overlay Legion Circle______ _ 18,673 Reclaim/Overlay Legion Court 15,558_ Reclaim/Overlay 21 st Street 144,673 Reclaim/Overlay_ _ Laverne 52,885 Reclaim/Overlay Layton 60,673 _ Reclaim/Overlay _ Leeward 104,230 Reclaim/Overlay _ _ 11 th Street 36,365 Reclaim/Overlay _ 12th Street 24,885 Reclaim/Overlay _ Isle 87,115 Reclaim/Overlay _ _ 3rd St. Place_ 95,270 Reclaim/Overlay _ 10th_Street Court 34,230 Reclaim/Overlay _ Kelvin 74,673 Reclaim/Overlay 53rd Street 168,770 Reclaim/Overlay _ 28th Street 145,000 _ State Aid Street ___Municipal Kimbro/50th Street Reconstruction 950,000 20th/Manning & Trails 514,500 Reclaim/Overlay Keats Ave 371,000 Reclaim/Overla October 4, 2007 RE: Highway 36 and Lake Elmo Avenue Transportation Design Review Committee due October 15, 20D7 at 4 PM Dear Property Owner: You are being contacted about an opportunity to participate in a transportation committee for the Highway 36 and Lake Elmo Avenue (CSAH 17) interchange because you have expressed an interest in Highway 36 transportation at a city council meeting, in response to public information on this topic or you are a member of the business community or planning commission that may be interested in transportation topics, The city is seeking 3 citizen/business participants to join Mayor Johnston and Councilmember Johnson on the Washington County Highway 36/1-ake Elmo Avenue Design Review Committee. The Committee will consider alternative designs for the interchange of MnDOT Highway 36 and County Road 17. The committee, made up of 5 Grant and 5 Lake Elmo residents, will meet about once a month for 7 to 8 months. The first meeting will be held in November. If you are interested, please provide answers to the following questions to go to the city council The city council will review this information and conduct informal interviews with interested candidates sometime prior to making an appointment to the committee on November 5, 2007. You may respond by email, fax or U. S. Mail by October 16, 2007 at 4 PM. Email: sharon Iumbyalakeelmo.org Fax: 651-777-9615 Mail: 3800 Laverne Avenue N., Lake Elmo, 55042 are perspective do you 5. What experience do you have in successful collaborations with other groups, institutions or organizations? me at 651-233-5401 if you have any Thanks so much for your interest in your community. Sincerely, Susan Hoyt City Administrator