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Home My WebLink About12-18-01 CCMMayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lai,e Elmo City Counch Tuesday December 18, 2001 3800 Lavery ' u No. Lake oEt�n , MN 55042 777-5510 777-9615 (fax) Mary.Kueffner@lakeelmo. org E-Mail Please read: Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staff provides background information to the City Council on each agenda item in advance; and decisions are based on this information and experience. In addition, some items may have been discussed at previous council meetings. If you are aware of information that has not been discussed, please fill out a "Request to Appear Before the City Council form; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items may be continued to a future meeting if additional time is needed before a decision can be made. Agenda City Council Meeting Convenes 5:00 PM Pledge of Allegiance 1. Agenda 2. Minutes December 4, 2001 3.FINANCE: A. Claims B. Year-end Transfers C. Fund Designations D. Closure of Fund 305 — Closed Bond Fund E. LMCIT Renewal — Tort Liability F. Staff reviews and 2002 salary recommendations 4. OLD BUSINESS: A. Lot Line Adjustment Ordinance B. Agreement with Kraft Circle residents (Recommendation from City Attorney) C. Verbal update on Goetschel property D. Volunteer Party E. Replacement of Fire Dept. Roofs F. Set January 12, 2002 Council/Fire Dept. Meeting MINUTES APPROVED: January 2, 2002 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 18, 2001 5:00 P.M. 1. AGENDA 2. MINUTES: December 4, 2001 (Postponed) 3. FINANCE: A. Claims (Amended Agenda) 4. OLD BUSINESS: B. Agreement with Kraft Circle residents (Recommendation from City Attorney) 3. FINANCE B.Year-end Transfers CTund Designations D.Closure of Fund 305 — Closed Bond Fund E. LMCT Renewal — Tort Liability F. Audit 4. OLD BUSINESS: A. Lot Line Adjustment Ordinance C. Verbal Update on Goetschel property D. Volunteer Party E. Replacement of Fire Dept. Roofs. F. Set January 12, 2002 Council/Fire Dept. meeting 3. FINANCE: G. Staff reviews and 2002 salary recommendations Acting Mayor Dunn called the council meeting to order at 5:05 p.m. PRESENT: Siedow, Dunn, Hunt, Armstrong (arrived at 5:15 p.m.), DeLapp, Attorney Filla, City Engineer Prew, Finance Director Berg and Administrator Kueffner. L AGENDA M/S/P Siedow/DeLapp — to approve the December 18, 2001 City Council agenda, as amended. (Motion passed 3-0). 2. MINUTES: December 4, 2001 M/S/P DeLapp/Siedow — to postpone the December 4, 2001 City Council minutes until the January 2, 2002 Council meeting. (Motion passed 5-0). 3. FINANCE A. Claims M/S/P DeLapp/Siedow — to approve Resolution No. 2001-10 , as amended, Add Claim for $250 Fence Repair to Martin Goetschel and Delete Claim for $146.97 for Michael Buckles. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 18, 2001 4. OLD BUSINESS: B. Agreement with Kraft Circle residents (Recommendation from City Attorney) The Council discussed granting Steve Peterson a permanent, or a temporary easement to install a new septic system. Attorney Filla and Administrator Kueffner met on December 10 with the Petersons and adjacent neighbors to discuss their interest in purchasing the vacant City property. After discussion on whether or not to sell the property, the Council decided to sell the lot adjacent to their property for one quarter of the land's $15,000 estimated nonbuildable market value assessed by the City Assessor Frank Langer. The City will retain ownership of the other three lots until such time as the adjacent property owners express an interest to purchase the lots for an off site septic collector system. M/S/P Hunt/Siedow — to sell City vacant land adjacent to the property owned by Mr. & Mrs. Steve Peterson, 3308 Kraft Circle, for $3,750 plus costs based on the $15,000 market value appraised by Frank Langer; subject to the City successfully subdividing the city property into 4 equal parcels by means of the newly adopted Lot Line Adjustment ordinance and lot consolidation procedure, that the Petersons will combine the two parcels into a single tax parcel, the combined parcel may only be developed in a manner that preserves area for two drainfield sites, and there is no City obligation to approve future development permits unless such proposed development is in compliance with the City regulations. (Motion passed 4-1:DeLapp:These people are looking for special privileges. The market value should be closer to $50,000. He was protecting the City coffers.) Attorney Filla will have the agreement ready for signing by 3 p.m. on Wednesday. 3. FINANCE B.Year-end Transfers Finance Director Berg reported the Fiscal Year 2001 Budget contains transfers that need to be approved by resolution so the funds can be transferred and recorded for the audit report. The transfers are for capital improvements or capital equipment. M/S/P Dunn/Armstrong - to adopt Resolution 2001-105, A Resolution Approving Year End Transfers as outlined in the Fiscal Year 2001 Budget. (Motion passed 5-0). C. Fund Designations Finance Director Berg explained this resolution reflects the increases or changes in fund balance designations. These designations will be included in the audit report. M/S/P Dunn/Siedow — to adopt Resolution No. 2001-106, A Resolution Approving Fund Designations. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 18, 2001 2 D. Closure of Fund 305 — Closed Bond Fund Finance Director Berg reported that Fund 305 — Closed Bond Fund had been closed to the Water Fund for utility system improvements as noted in the year end audit. At an earlier staff meeting, Berg was directed that 15th Street improvements should be paid out of the Infrastructure Reserve Fund. It was later researched that the City Council had discussed that the 15th Street improvements were to be paid from the Closed Bond Fund. The result is that the stormwater funds have been temporarily spent for 15`h Street. E. LMCIT Renewal — Tort Liability In the past, the City has chosen not to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Staff recommended the City continue this practice. M/S/P Siedow/Dunn - that the City does not waive monetary limits on municipal tort liability. (Motion passed 5-0). F. Report on Audit Finance Director Berg introduced discussions with the auditors, regarding social security tax and withholding tax not being withheld or paid impacting 35 employees. The Fire Department, seasonal staff, one City hall staff member are affected. The City has not issued 1099's to independent contractors in the past. Attorney Filla explained the auditor has requested Council authorize him to make adjustments to the 2000 and 2001 W2's and tax returns and make the required payments. The Finance Director will notify the employees involved. Employees would pay back their share not withheld. The City could receive penalties for every 1099 not issued. M/S/P Siedow/DeLapp - 1 . Authorize auditor to amend W-2's and tax returns for 2000 and 2001. 2. Authorize the Finance Director to make requested payments to IRS. 3. Authorize the Finance Director to notify affected employees that the City has taken action as recommended by auditor 4. The amount of taxable income will be increased for social security contribution and reported on their W-2. (Motion passed 5-0). 4. OLD BUSINESS: A. Lot Line Adjustment Ordinance M/S/P Armstrong/DeLapp — to adopt Ordinance No. 9796, as amended, An Ordinance Amending the lake Elmo Municipal Code, Section 400.10 Exceptions to Platting. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 18, 2001 C. Verbal on Goetschel Property In his telephone call to the City, Mr. Bunnie Day still believes the problem is in the depth of the culvert which is flooding Mr. Goetschel's chicken coops. The Administrator and City Engineer will go out to the property and investigate. D.Volunteer Recognition Party M/S/P Dunn/DeLapp — to hold the Volunteer Recognition Party on Friday, February 81n 6 p.m. at the Machine Shed Restaurant. (Motion passed 5-0). E. Replacement of Fire Department Roofs The Council discussed repairing the Fire Station on Laverne Avenue and going out for sealed bids. Roof repair was not asked for in the CIP when preparing the budget. If there is a benefit with running the two roof repair projects together, then the Administrator can bring back the recommendation. F. Set Fire Dept./Council Workshop M/S/P Siedow/Dunn — to hold a Council/Fire Dept. Workshop on Saturday, January 12, 9-10 a.m., at Fire Station #1 with the Administrator working with the Fire Chief in setting the agenda. (Motion passed 5-0). 3. FINANCE: G. Staff reviews and Salary Recommendations Administrator Kueffner provided the Council with a memo addressing staff reviews and salary recommendations. Performance evaluations on the Building Official and Maintenance Supervisor were discussed. Council requested staff to come to a resolution. Council members Armstrong and DeLapp expressed strong opposition to receiving the information the day of the meeting and be expected to take action. The remainder of the Council indicated staff reviews and salary recommendations are the Administrator's job and they would be micromanaging if they got involved. M/S/P Armstrong/Hunt — to remove Terry Berg, Finance Director from probation. (Motion passed 5-0). M/S/P Dunn/Siedow — to approve salary recommendations for the ones referred to by the City Administrator in her December 18, 2001 memo to the City Council. (Motion passed 3-2:Armstrong, DeLapp). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 18, 2001 H. Shafer Contracting Letter M/S/P DeLapp/Armstrong — to add the above letter for discussion at a Council meeting in January. (Motion passed 5-0). Respectfully submitted by Sharon Lumby, Deputy Clerk The Council adjourned the meeting at 7:45 p.m. Resolution No. 2001-105, Approving Year End Transfers as outlined in the Fiscal Year 2001 Budget Resolution No. 2001-106, Approving Fund Designations Ordinance No. 9796, Amending Section 400.10 Exceptions to Platting, Lot Line Adjustment LAKE ELMO CITY COUNCIL MINUTES DECEMBER 18, 2001