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HomeMy WebLinkAbout09-24-02 CCMLAKE ELMO CITY COUNCIL MINUTES BUDGET WORKSHOP — CAPITAL IMPROVEMENT PROGRAM September 24, 2002 Mayor Hunt called the meeting to order at 5:19 p.m. The following council members were in attendance: Mayor Hunt, Council member DeLapp, Council member Armstrong, Council member Siedow. The following council member was not in attendance: Council member Dunn. The following staff members were in attendance: Mary Kueffner (City Administrator), Abby Grenfell (Finance Director), Chuck Dillerud (City Planner/Assistant City Administrator), Mike Bouthilet (Parks and Acting Public Works), Greg Malmquist (Fire Chief), Tom Bouthilet (Utilities and Building). The Finance Director introduced Resolution No. 2002-95 to pay claims for insurance premiums. Motion by DeLapp, second by Armstrong. (4-0) The Finance Director introduced the proposed Capital Improvement Program (CIP) for 2003-2007. This proposed plan was discussed at a prior workshop. This is a plan, not a commitment to complete projects over the next 5 years. This proposed plan includes what was in the prior year's CIP and then met with department heads for additions/deletions. She explained that revenue sources have not been identified. The proposed source of funding for street projects is from the City Engineer. The City is looking at the special assessment policy for road improvements that might impact the funding sources. Council member DeLapp inquired if the council should say there wouldn't be any overall cost difference, just to make the distribution more equitable. The Finance Director explained the project number sequencing. Once projects are approved, the Finance Director will create a cross reference table tying the project number to the fund account used to pay for the project. Funding sources will be taken care of once the operating budget is done and projects have been identified. Mayor Hunt started discussion with Mike Bouthilet (Public Works, Parks) Public Works Mr. Bouthilet discussed the equipment requests for public works. Council member DeLapp inquired about the tractor/mower and ditch mowing. Mr. Bouthilet mentioned they mow three times per year. He will provide the Finance Director with the number of Page 1 of 9 hours the mower is used per year for mowing ditches. The mowing occurs in undeveloped and developed areas. Mr. Bouthilet mentioned that the vegetation is good for water control. Council member Siedow stated if people are not cutting their grass, the City shouldn't be doing it. The Mayor mentioned we made need a policy to charge for this service. The Finance Director informed the council that the piece of equipment is used an average of 250 hours per year. Mr. Bouthilet was asked to provide the mowing hours per year to the Finance Director to report at the next council meeting. Mr. Bouthilet mentioned that we also need to start looking at other maintenance costs, like tree cutting with the additional development. He is working with the City Planner on this issue. The Mayor mentioned that if they were looking for someone to work between public works and parks, to let the City Council know. The Mayor also would like the MAC to look at the equipment issues in the CIP. The next item discussed was the water line locator. Currently, the City is paying the engineering fine to do the locating. Council member DeLapp asked the Finance Director to change the funding source to the water enterprise fund. The Mayor inquired if the dump truck and backhoe were still reasonable. Mr. Bouthilet responded yes, and that they should be reevaluated before purchase. The Mayor also suggested the MAC review these equipment requests. Parks Sprinklers at the VFW Park were previously discussed and are approved. The tennis courts at Pebble Park are approved. The Mayor mentioned the City is in good shape for parks capital improvement funding. Council member Armstrong inquired about the 20th Street Trail. The Finance Director mentioned we do not have a feasibility report on this project yet, the cost figure is speculative. She also added that she spoke with Mr. Bouthilet and the Parks Commission about alternative sources of funding. Council member Armstrong suggested a cooperative agreement and cost sharing with 3M. Mr. Bouthilet mentioned he has spoken with a representative from 3M and they are aware of the need for a trail. The Mayor mentioned we at least need to get a feasibility study before we can begin discussions with 3M. The Mayor asked if we could get a quote from TKDA for the feasibility study. Mr. Bouthilet mentioned he had prior discussions with the City Engineer and he had mentioned the road would be done in a few years and talked about combining it. The Parks Commission is very concerned with health, safety and welfare and have this as their highest priority. The Finance Director mentioned to road is on the CIP for 2007 and is dependent upon MSA funding. The Finance Director recommended we also get a second quote from Howard R. Green company, a firm the City has used previously for other projects. This would free up our City Engineer for other projects. The Finance Director also mentioned that there are Page 2 of 9 some other sources of funding, such as grants and committed to the Parks Commission to look at optional funding. The City Planner will secure a cost estimate for the feasibility study from TKDA and the Finance Director will secure a cost estimate from Howard R. Green and report back to the Council. The Finance Director also mentioned that she requested the Sheriff s Department place the radar car on 20`h Street for two days, which they have done, and we should have some information back on the speed levels. Council member DeLapp mentioned that the traffic that would use the trail are primarily 3M employees, and inquired about the number of years payback on the tax rates 3M pays. He is not concerned with the cost level for the project given the taxes paid by 3M. Council member Armstrong suggested we look at moving the trail to the other side of the roadway. The Mayor and City Administrator discussed the City's attempt to lower the speed limit to 30 mph after a serious accident and are concerned with the safet� issues. The City Administrator mentioned the shoulders are not even paved out on 20` Street and the issued was raised by residents after the road was reconstructed. The Mayor said we should look at going from 17 to 15. Mr. Bouthilet mentioned that the Parks Commission is using the 1993 trail plan as a starting point to do a comprehensive trail plan for the whole city. The City Planner said the 20`h Street may not come out as the highest priority. Council member DeLapp mentioned that if there are a lot of businesses added on 17 and it is already unsafe, the additional traffic will only add to the issues. There was further discussion about incorporating the trail with the road reconstruction. Mr. Bouthilet will take the issue back to the Parks Commission and let them know it will be considered with the comprehensive trail plan and the roadway. The Mayor mentioned he had received a letter on the remill and grading of Sunfish Lake driveways. This request is okay. The remaining requests will be dependent upon funding. Council member DeLapp mentioned we need to check use on the Pebble Park tennis courts because they are used so infrequently. The Finance Director mentioned the Pebble Park equipment and it is okay since it has been on the schedule for a long time. Council member DeLapp mentioned the staff needs to look at needs for Carriage Station. There are a lot of children in the development, the nearest park is over 1 mile away and the only way to get to the park is via Highway 5. The Mayor mentioned the Cushman truck was bought used and the City has used it for 7 years. The age of the truck is 11 years. Mr. Bouthilet mentioned they have looked at the equipment. The mower/trailer has been pushed back on the CIP for several years and has been repaired several times. The MAC will review the equipment requests for Parks and each purchase will be reviewed for funding, leasing options etc. as they come up on the plan. Page 3 of 9 Fire The Mayor mentioned the Grass Rig replacement is coming up. Mr. Malmquist mentioned that they have been keeping their fingers crossed for years that the current one will hold up. Mr. Malmquist mentioned they are looking at a different style of rig, one that could carry more equipment. They are looking at a 1— 1.5 ton truck. The Mayor inquired on the salvage value of the current truck. Mr. Malmquist mentioned he would like to keep it as a back-up. He mentioned we could explore selling it. The Mayor inquired about neighboring communities. The Mayor suggested we approach the county for cost sharing since the largest grassy area is the regional park. Mr. Malmquist mentioned he has spoken with the county in the past. Mr. Malmquist mentioned they respond to the regional park quite a bit. The Mayor suggested the County Board be approached. Council member Siedow inquired if the air compressor was for 2003 or 2004. The Finance Director said 2003. Council member Siedow asked that the detail description be corrected to reflect 2003. Council member Armstrong inquired about the recent purchase of an air compressor. Mr. Malmquist explained that the air compressor in the CIP is for breathing air and is connected to the replacement of the air packs. They have looked at retrofitting the current system. He also mentioned that the previous air compressor was purchased with funds donated by the Jaycees. The air packs need to be upgraded to get air to a downed firefighter. Mr. Malmquist has applied for FEMA grant money. If the grant is awarded with some matching funds, they are looking at all new air packs. If the grant is not awarded, the City still has to do something. The approximate cost is $4000 each and the total cost will depend on the number of members. The air compressor is for high pressure bottles. They currently use low pressure. The Mayor said they have talked about the turnout gear and the washer. Mr. Malmquist mentioned they are trying to find room for a washer but a washer was not in the CIP. The Mayor mentioned they have received the facilities report. The cost of the washer is approximately $2500. The City Administrator asked if foam was used on grass fires. The Finance Director mentioned that one option for the turnout gear is -to -partner with other cities that have the washing equipment until our facilities could hold the washing equipment. Mr. Malmquist mentioned that our neighbors do have the washer, but they don't have time to wait for it to wash and dry. Mr. Malmquist asked about two other items not in the CIP. The first is the civil defense sirens. The other item is the roof for the fire hall. The City Administrator said she spoke with the City Engineer and he said the roof would be done this year, even if he had to go up and do it himself. The Mayor said we will find the money for the roof somewhere. The Finance Director said there is $9,000 in the operating budget for civil defense. It is a transfer to the CIP. Apparently Mr. Malmquist is asking for additional alarms. The plan Page 4 of 9 is to install two this year and the City Planner said there was funding the last time he checked. There was discussion about moving the current alarm, lowering the volume and turning it off at a certain hour. The Mayor said we should plan on adding one alarm per year as part of the CIP. The Finance Director will add civil defense to the CIP. Council member Siedow inquired about the 4-wheel drive vehicle. Mr. Malmquist mentioned that originally the vehicle was to be replaced in 2003 but they had an emergency purchase in 2002. They are going out 5 years for its replacement. He wanted to replace the old vehicle with a 4-wheel drive but under the circumstances couldn't. The 4-wheel drive is needed to get to the locations and carry the equipment they need. Council member Siedow said he could see going up to a 4-wheel drive but the price on the CIP is for a new vehicle. Mr. Malmquist mentioned it is for a new vehicle. Council member Siedow said that we would be moving from a used car to a new vehicle. He mentioned there are a lot of used 4-wheel drive vehicles available and they are not used that much, the use is mainly everyday use on the freeways. Mr. Malmquist mentioned he is in the vehicle everyday. Council member DeLapp stated that it is for department personal use, not 4-wheel drive to get from one place to another. The Mayor said there is equipment to haul and the purchase is for 2007 and we don't know what the City's needs will be. There is the ability to purchase a used police vehicle, the City has done very well in the past. State vehicles are also an option. Mr. Malmquist is just looking at a vehicle that meets the needs. The consensus is for a used vehicle. Administration The Mayor asked if we could wait until 2004 for a telephone upgrade. The Finance Director mentioned this portion of the CIP was compiled prior to the mobile office. The Mayor said we need to look at moving things around and moving the telephone service up to 2003. Council member Armstrong asked how many people answer the telephone. The City Administrator mentioned that we all do but there are only 4 lines and that includes the fax line. The Mayor commented that if we are on calls and calls are coming in, the person calling receives a busy signal. The City Administrator mentioned that we are ahead on upgrading the network, we should revise the cost estimate for networking. We do need to upgrade Sharon's computer and look at costs for additional staff. Council member DeLapp asked if we should be looking at leasing computers. The Mayor, City Planner and City Administrator explained that we are purchasing computers at very reasonable prices, most of the investment is done, we need to maintain and upgrade as needed for new staff. Council member DeLapp suggested we obtain a report from the telephone company on the number of calls coming into City Hall. The Finance Director agreed to contact the telephone company and request this information if it is provided at no charge. We need to move the telephone costs to 2003. The City Administrator added that the copy machine will probably be moved out past 2005. Page 5 of 9 Streets The Finance Director deferred the street discussion to the City Planner, with the exception of the financing. The City Planner informed the council that he met with the City Engineer to put together a comprehensive street improvement program, useful life and when they should be rebuilt. The CIP outlines what the needs really are. He also mentioned that he camlot address the specific needs for any street, that this has been addressed by the City Engineer and public works department. The narrative addresses when the street was last done, etc. The Mayor mentioned that most of the road improvements are inexpensive. The City Planner pointed out that there is a lot of overlay work proposed and that this is a maintenance issue to maintain the life expectancy of the roadway. If the seal coating and overlays are timely, the reconstruction will come much 1 later. He also mentioned that the streets now are being built at 9 ton and the former roads were not. Council member Siedow wanted to clarify that the staff is proposing to reconstruct roads to the 9 ton standard. The City Plainer confirmed that is what is being recommended on the reconstruction projects where the subsoils will allow it. Council member Armstrong inquired if Hill Street Trail could be reconstructed to 9 ton. The City Planner responded that they may or may not be able to based on the subsoils. Council member DeLapp stated that the road has been unattended for almost 40 years and the traffic volumes are very low. The City Planner said that the road has been patched many time. Council member DeLapp stated that if the roadway has been there for so long and the residents don't want it redone, it can't be that bad. The City Planner said that they looked at an overlay and it was not done that now it is too late. The Mayor also added that the City Engineer said that an overlay may not last and would not address the drainage issues. Council member DeLapp said Hill Trail will be an issue with the residents since they didn't want an overlay and now it is a reconstruction issue with significantly more expense for the City. The Mayor stated that the road relocation needed to be addressed and that the City needs to do something in 2003. The Mayor mentioned the division of costs between assessment and city revenue. The Finance Director mentioned that the CIP will be going to public hearing before the Planning Commission on October 17, 2002 and suggested the proposed funding source amounts be removed and changed to "TBD" (to be determined) because the City is reviewing the current assessment policy. Hill Trail is known to have soil problems underneath. Council member DeLapp mentioned the age of the roadway again. The Finance Director pointed out that she comes from a city in its 7rn year of reconstruction projects and they left the oldest roads until last, the average age being 40 years. The Mayor mentioned the draft assessment letter sent to the Finance Committee, for the Hill Trail residents. The Finance Director stated it will be in the October 1, 2002 council packet. Council member DeLapp inquired about the number of residents. The Finance Director responded there are 51 property owners that will receive the assessment policy letter. Page 6 of 9 Council member DeLapp mentioned the possible assessment cost to residents given the current policy. He also mentioned that the individuals who use the road but don't live on it should pay a portion. The Mayor mentioned that we will have to rank street projects once the funding sources have been identified. The reconstruction projects are very costly and the City may need to consider bonding. The Mayor mentioned we need to continue with our crack sealing and overlay programs to prevent/minimize reconstruction costs in the future. Council member DeLapp stated that the residents paid for the roads when they moved in and are paying a portion through taxes for roads in other parts of the city. The Mayor asked that the construction year for Hill Top be verified. The houses in that area were built before 1988. The Mayor stated between now and 2007, there are 4 major reconstruction projects. The City Planner said that we will have better numbers if projects are combined. The Finance Director also mentioned that we might be able to partner with a neighboring community with our projects to drive the price lower. The Mayor mentioned the City may need to consider bonding for the street improvement projects. The Mayor also mentioned we may need to look at pushing the number of years for repayment of assessments out further. The Finance Director mentioned Cottage Grove has a 15 year assessment payback time period. The Finance Director mentioned she has discussed bonding philosophy with the City Administrator and would like to have a future discussion with the Council. Interest rates are very low right now and it might be beneficial to bond for projects. Council member DeLapp inquired about cut de sac assessments. He inquired specifically about why the cut de sacs on 42°d street are not included in the CIP. The City Planner responded that they are not needed, the traffic volumes are very low. There was discussion that there must be benefit to the homeowner if there are assessments. Council member Siedow inquired about what other communities, states are doing in assessing for cut de sacs. The Finance Director responded that Cottage Grove redid cut de sacs at the same time as the roadway and were assessed accordingly. It was cheaper to do everything at one time without incurring costs a couple of years later and bringing the equipment onto a new roadway. She also expressed that Cottage Grove is urban with curbs and gutters and is not comparable to Lake Elmo's roadway system. The Finance Director agreed to check into what other cities have done, specifically a more rural area with cut de sacs and cluster developments and that this should be addressed in the City's assessment policy. Council member DeLapp also addressed assessments for MSA roads. The Mayor restated the City is looking at its assessment policy and the concern is the reconstruction project costs in the CIP. The CIP will go to the Planning Commission for public hearing, the City will continue to look at the special assessment policy and will need to address long-term funding requirements and strategies. Page 7 of 9 Water Enterprise Fund The Finance Director asked that the City Planner assist with talking to these projects. She mentioned that at a prior budget meeting, Council member Siedow had inquired about repeat funding for certain projects. The Finance Director responded that the City is putting money aside each year for projects that will be done in the future, including the future looping of water mains, the replacement of water mains, the 2A connection to Oakdale for the Lake Jane system, and repainting the water tower. The detail narrative expresses which year of pre -invest is being addressed. The benefit to the City is that we are not hit with a big cost at one time which would require bonding. Council member Armstrong inquired if the money would come from the general fund. The Finance Director responded that it would be revenue from the enterprise fund. The City Planner added that these are revenues from people paying into the water fund and that we don't know if there is sufficient funding to put aside for these projects yet. The Finance Director added that the analysis needs to be completed. The Mayor suggested we need to look at adjusting water rates to cover operating expenses. The City Planner added that part of the money paid is to cover the capital expenditure and part is to cover the operating costs, He further added that generally the bulk of the costs to cover capital expenditures comes from the hook-up costs. Because of the number of hook-ups over the last couple of years we are using up the number of hook-ups that can be attained. Council member Armstrong inquired about why the water rates have not been changed in the last few years. The City Planner responded that we cannot use connection charges to fund operating expenses and that for many years the water rates were never adjusted. In 1999, water rates were adjusted. Council member Armstrong expressed that these rates need to be adjusted now. The Finance Director mentioned she has a resolution prepared for the first meeting in January to adjust the rates once the usage and operating costs are reviewed and it is a high priority. Sewer Enterprise Fund The City Planner stated that the sewer enterprise fund operates the same way. Council member Armstrong inquired if the 201 system is the old 201 system or is it the city system. The City Planner responded that that is what it has been called but it is not bringing back the old 201 system. The reference in the CIP will be changed from "201 system" to "municipal system" to avoid confusion or another naive the staff agrees upon that accurately describes the system. Council member DeLapp inquired about the Wetland Treatment 32"a Street Drainfield. The City Planner stated that the staff are looking to upgrade the system because of concerns about the useful life. Council member Siedow asked about back-up systems, what happens if the second system fails? The City Planner stated he has not heard of a second system failure. Council member Siedow asked about the life expectancy of the Page 8 of 9 system. The City Administrator responded that a former member of the Planning Commission said that it is best if the residents switched from one drainfield to the other every other year and they wouldn't fail. Council member Siedow responded that the switching wouldn't happen. The Mayor stated that the Rocky Mountain Institute would be in the City the following day, that Lake Elmo was one of nine communities selected in the country for correctly using on -site systems. Council member Siedow stated that equality for the water system and cul de sacs, he would like to see it come into line but it doesn't have to be an exact science and that things would even out. Historical Society Gloria I-noblauch asked if the City had any funding available for the old schoolhouse. The Mayor said Oakdale has a policy. The city council responded there is no funding available. Public Buildings The Finance Director pointed out that the public buildings section is empty, deferred and to be determined based on the study and formation of a Facilities Committee at the next meeting. The Mayor thanked the Finance Director for a very good job on the CIP. He stated the City hasn't had this type of information before. Council member DeLapp inquired about the special assessment letter for Hill Trail residents. The Finance Director responded that she has moved the letter up to the Council's October 1, 2002 meeting. The Finance Director mentioned to the Council about the efforts from the department heads to help putting this CIP together. The Council agreed they would like this format for next year. The Mayor adjourned the meeting at 6:53 p.m. Page 9 of 9 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002 1. AGENDA 2. MINUTES:. September 3, 2002 September 6, 2002 3. PUBLIC INQUIRIES/INFORMATIONAL: 4. FINANCE: A. Claims B. Amend Resolution No. 2002-084 Authorizing Payment To PERA C. Purchase of new printer D. Set Truth in Taxation Public Hearing 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Escrow Reduction: Carriage Station B. Resignation of Rand Wagner from Parks Commission C. Ordinance amending number of members present to conduct a meeting 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Fire Dept: Chief Malmquist — POSTPONE until 10-1-02 B. Building Dept. Update: Jim McNamara 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. City Hall Addition B. Lake Elmo Comprehensive Plan — Metropolitan Council 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12, CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp: Discussion on ATV's C. Council Member Dumi D. Council Member Armstrong Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Hunt, Siedow, Armstrong, DeLapp, Finance Director Abby Grenfell, City Engineer Prew, City Attorney Filla, City Planner Dillerud, Building Official Jim McNamara and Administrator Kueffner. ABSENT: Council member Dunn. 1. AGENDA ADD: 4C. Purchase of new printer for Finance Director, 4D. Resolution for Truth in Taxation Public Hearing; DELETE: 7A. Fire Chief s report and postpone until the October 1st meeting M/S/P Siedow/Armstrong - to approve the September 17, 2002 City Council agenda, as amended. (Motion passed 4-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002 1 2. MINUTES: September 3, 2002 M/S/P DeLapp/Siedow - to approve the September 3, 2002 City Council minutes, as amended. (Motion passed 4-0). MINUTES: September 6, 2002 Council member Siedow asked that on (page 2) the following wording be added: Council member DeLapp asked Council member Siedow if he was being investigated. DeLapp responded with this was a joke. Siedow stated this was a serious meeting, and he didn't take it as a joke. DeLapp responded his statement was added right after Siedow said this is a conflicting resolution— and the conflict would be in one case Siedow had accused somebody of something and thought that it meant it was accusing him. M/S/P Armstrong/DeLapp - to postpone the September 6, 2002 City Council minutes until the October 1st Council meeting. (Motion passed 4-0). 3. PUBLIC INQUIRIES/INFORMATIONAL: Paul Boucher, 8419 Lake Jane Trail, stated he had talked to the Council on July 16 primarily on a speeding concern. At that time the Washington County Deputy talked about getting on a list for speed trailer. Mr. Boucher asked where we are on the list for the trailer. Washington County Deputy Wieland will find out where this request is on the list. Deputy Wieland reported he did a speed survey at the curve with the survey reporting average speed about 27 mph. The Deputy explained there is an illusion of speed as you see them going around the curve. Mr. Boucher indicated the time he noticed speeding was weekend traffic and evenings 5-7 p.m. or even later 10 or 11 p.m.. Council member DeLapp stated he observed cars going around the double curve then accelerated up the hill where there is a straight away. Todd Williams, 3025 Lake Elmo Avenue N., read his prepared statement urging the City to fight the Metropolitan Council by hiring the best zoning lawyer the City can find. Mr. Williams' response to the Met Council's rejection of the Lake Elmo Comp Plan is made part of these minutes. Council member Siedow agreed with Mr. Williams' statement with the exception of the comparing fighting the Met Council to fighting terrorists, 4. FINANCE A. Claims The City Administrator explained she had questioned some of the CIT bills and has been working on a possible credit. The Finance Director commented the CIT invoices are-" and recommended paying CIT before they try to assess late fees. Council member Armstrong questioned Sand Creek bills up to $8,000 and asked where this money will come from LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002 2 /) T M/S/P DeLapp/Armstrong - to remove the SandCree aun (#267) until the Council decides where the money will come from. (Motioi assed -2: Hunt, Siedow) M/S/P DeLapp/Armstrong — to pay all the September 17, 2002 claims, except the Sand Creek Group and discuss this item at the budget workshop. (Motion passed 4-0). M/S/P Siedow/Hunt - to adopt Resolution No. 2002-092, as modified, approving claim umbers, as presented. (Motion passed 2-2:Armstrong, DeLapp). B. Amend Resolution No. 2002-084 Authorizing Payment to PERA M/S/P DeLapp/Siedow - to adopt Resolution No. 2002-093, A Resolution Amending Resolution. No. 2002-084 granting authorization to issue checks to PERA prior to Council adoption of claims. (Motion passed 4-0). C. Request for new printer by Finance Director. The Finance Director has moved into an office and requests a printer because she has previously shared a printer with another employee. The price for a HP black and white printer was quoted at $1,099, plus tax, at Comp USA. The new printer would come out of the building fund and the Building Dept, would keep the existing printer. M✓S/P Siedow/Armstrong — to approve purchase of a HP printer, at a cost of $1,099, plus tax, from Comp USA as recommended by the Finance Director.. (Motion passed 4 -0.) D. Setting the Truth in Taxation Public Hearing Dates for 2003 Tax Levi M/S/P Armstrong/DeLapp — to adopt Resolution No. 2002-094, A Resolution Amending Resolution No. 2002-091 setting the Truth in Taxation Public Hearing Dates for 2003 Tax Levy. (Motion passed 4-0.) 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Escrow Reduction — Carriage Station (Residential) The City Engineer reported the developer has completed the majority of work on Carriage Station. The remaining work relates to landscape improvements and then to inventory trees. Following a recent inspection, the City Engineer recommended a reduction in the remaining development escrow. M/S/P DeLapp/Siedow - to approve reduction of the development escrow for the residential portion of the Carriage Station development to $8,750 as recommended by the City Engineer by his September 12, 2002 memorandum. (Motion passed 4-0.) LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002 B. Parks Commission: Resignation of Rand Wagner M/S/P DeLapp/Siedow - to rriove nand Wagner from the Lake Elmo Parks Commission, and to send him a letter of appreciation for his years of service. (Motion passed 4-0). C. Ordinance amending number of members presents to conduct a meeting. M/S/P DeLapp/Siedow - to adopt Ordinance 97-114 amending Section 225-11 of the Lake Elmo Municipal Code. (Motion passed 4-0). 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Fire Dept: Chief Malmquist — Postponed until October I't B. Building Dept. Update: Jim McNamara The Building Official provided a Building Report summary indicating there were 8 new residential permits and 1 new commercial permit for August, 2002. The Building Official pointed out there is 55 buildable lots left in the City, and the lots are selling in the range of $70,000-$100,000. 8. CITY ENGINEER'S REPORT: None 9. PLANNING, LAND USE & ZONING: A. City Hall Addition The City Planner provided the minutes of August 6, where staff was to place this matter on the September 17, 2002 Council agenda for further discussion and direction. The issues related to this subject include: 1. The future of the "mobile office". 2. The recommendation of the Faculties Study that the City address City Hall from a long term needs perspective, rather than a short term demand perspective. 3. The probably inability of the City to expanded the prsent City Hall enlargements on a "piece meal" strategy. 4. The wisdom of the City constructing City Hall enlargements on a "piece meal" strategy. 5. The high present day cost of a more permanent solution versus the present day space needs, and available capital funds, about $200,000. Council member Armstrong thought it would be difficult expanding the building because the soils were bad and it was built on fill. Planner Dillerud asked that the Council let the Facilities Committee make a recommendation with a deadline at the end of the year. The Committee is leaning toward a new facility rather than an addition. The existing City Hall could be used for a community center or senior center. Council member Siedow noted that taking out the bad soil and bringing more soil would be less expensive. Council LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002 member DeLapp stated we would have to give ourselves a variance if we built an addition to the existing City Hall. The trailer for the Building Dept. will not be gone by October 1, 2003 unless some other actions are taken by the City. M/S/P DeLapp/Siedow — to direct the Planning Commission to come back with a recommendation for a new site for City Hall, to include the village study area in conjunction with the reuse of the existing building for the City's benefit as a community center or senior center. (Motion passed 4-0:Council member Armstrong asked that the Facilities Committee not write off this facility as the City Hall.). B. Lake Elmo Comprehensive Plan — Metropolitan Council Planner Dillerud provided background information. He said the issue has several parts. (A) We have 60 days to decide if we appeal Met Council decision. (B.) We have to decide if we appeal and how do we deal with an appeal process. (C.) We have to determine how to deal with applicants for land development activity until which time this matter is resolved. Attorney Filla summarized the City's options in his memo of September 17`h. In the interim, the City would process applications based on the existing 1997 comp plan. This could have an affect with the number of applications for development. Mayor Hunt stated if we decide to fight this we would need a land use attorney. This would send a message about how serious we are. He asked Planner Dillerud, with the input from Attorney Filla, for a list of specialized land use attorneys. Mayor Hunt explained this will be fought in a court of public opinion. The issue is self-determination. We want our elected officials to make our decision. M/S/P DeLapp/Hunt — to direct the City staff, planner and city attorney to bring the Council a recommendation list of specialized land use attorneys. (Motion passed 4-0.) Council member Siedow commented that he was saddened we had to talk attorneys. He thought there was a middle ground, but he will stick with the view of the Council and staff. State Representative Eric Lipman: He stated Office of Administration Hearings is a good one and urged the Council to seriously consider this. It's fair and open to the public. The public would be able to participate in the process. It's a legitimate, helpful process. The equities are clearly on our side. He thought the Met Council is far a field the Metropolitan Land Use Planning Act. There is no doubt what they are doing is illegal. The Open Space ordinance is a carefully crafted ordinance developed over many years to preserve the rural view sheds. The Met Council view is that sewer may go here. We are going to pave our green space with asphalt, and we are supposed to be saving our view shed and green space for future urbanization. This is a bizarre concept of conservation. It is a direct attack on the things we have built in this community. Beyond housing, there is an issue of the law, and they LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002 are not abiding by the law. He urged the Council to go forward and hire the best legal talent and make this fight. . Brian LeClair, Candidate for State Senator -District 56 He stated Lake Elmo is on terrific legal footing, and he would help with public opinion. Planner Dillerud asked how we will pay for legal fees and public relations. This will be discussed at the workshop on the CIP. Council member DeLapp asked that the residents not be shy to send in their comments. Mayor Hunt asked for a resolution, for Council adoption, asking communities for their support regarding the impact the Metropolitan Council's decision regarding the Lake Elmo Comprehensive Plan will potentially extend to issues of self-determination for each and every unit of government in the Metropolitan area. M/S/P DeLapp/Armstrong — to direct planning staff to create a resolution asking communities for their support of issues of self determination for their unit of government to accompany an introduction letter Mayor Hunt will write to accompany the resolution. (Motion passed 4-0.) 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: A. Mayor Hunt — The Dr. Herried, Sand Creek Group, will be here on October 1, 5:15 p.m. for a Workshop. Monday, September 30th, 6 p.m., Meeting for Washington County officials and City Councils B. Council Member DeLapp: Discussion on ATV's Council member DeLapp received a complaint on ATV's from a resident who lives on 10 acres. The City needs a policy, with the input from Washington County, regulating all - terrain vehicles and snowmobiles. Council member Siedow noted there is a problem with dust when they ride along Hwy 5. M/S/P DeLapp/Siedow — to request a Washington County Deputy to be at the next meeting to lead a discussion on ATV's, discuss problems, review laws, and find out what our options may be. (Motion passed 4-0). Council member DeLapp and Planner Dillerud have talked to an experienced landscape architect who will send information to the City. C. Council Member Duim D. Council Member Armstrong LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002 Mayor Hunt announced a budget workshop on the CIP will be held Tuesday, September 24, 5:15 p.m. and a short discussion on funding any legal fight will be included. The Council adjourn the meeting at 8:45 p.m. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 17, 2002