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HomeMy WebLinkAbout09-03-02 CCMMINUTES APPROVED: September 17, 2002 LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 1. AGENDA 2. MINUTES: (Postpone) 3. PUBLIC INFORMATIONAL: A. Public Inquiries 4. FINANCE DEPARTMENT: A. Claims B. Cost of Living Increase C. Signatory for payment of funds 5. NEW BUSINESS: 6. CONSENT AGENDA: A. Resolutions amending Personnel Policy B. Resolution Authorizing issuance of payroll tax, ICMA, and child support checks prior to City Council approval C. Resolution authorizing issuance of escrow refunds prior to City Council approval. D. Resolution approving Audit Agreement with Abdo, Eick & Meyers, LLP E. Planning Commission Resignations F. Parks Commission G. Partial Payment No. 5 to EnComm Midwest, LLC for Well House No. 2 7. MAINTENANCE/PARKS/FIRE/BUILDING: A. Partnership Project with Lake Elmo Baseball B. Ridge Park Grading and Seeding C. Sunfish Lake Park Fence Quotes D. Hazardous Tree Removal in Right -of -Way E. Other 8. CITY ENGINEER'S REPORT: A. Schedule for addressing DeerPond Trail Drainage Problem B. Shafer Mining C. Assessment Policy for Hill Trail N. 9. PLANNING, LAND USE & ZONING: A. Planning Commission Recommendation on General Business Zoning Uses B. Landscape Architect to review OP Concept Plans C. Metropolitan Council — Lake Elmo Comprehensive Plan 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. MAC — Capital Improvement Program B. Other 12. CITY COUNCIL REPORTS: A. Mayor Hunt: (1) Organizational Chart (2) Discussion on Performance Issues LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 B. Council member Armstrong C. Council member DeLapp D. Council member Dunn: Letter from City of Lakeland in support of the City's Comprehensive Plan E. Council member Siedow 1. AGENDA ADD: 4B. Cost of Living Increase, 4C. Signatory for payment of funds at Lake Elmo Bank, 8. Assessment Policy for Hill Trail N., 8B. Shafter Mining, 12A.(1) Organizational Chart, 12A(2) Discussion on performance issues, 12D. Letter from City of Lakeland Supporting the City's Comprehensive Plan. M/S/P DeLapp/Armstrong - to approve the September 3`d City Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: August 20, 2002 (Postponed) 3. PUBLIC INFORMATIONAL: A. Public Inquiries Dean Johnston, 8200 Hill Trail N., stated that while out campaigning he has heard from residents that they are watching the cable broadcast of the City's Council meetings and requested that all of the meetings be telecasted. A Budget Workshop has been scheduled for Thursday, September 5, 5:15 p.m. Hill Trail North Road Issue: Council member DeLapp explained he had previously provided an assessment policy as it regards to feeder roads and cul-de-sacs and had asked the Council to discuss the fairness issue. He noted that the Hill Trail residents have received the City agenda sheet on assessments who thought there were significant changes in the assessment policy that would affect them. DeLapp asked that a letter be sent out to these residents clarifying where the City stands on the procedure in regard to the fairness of assessing cul-de-sacs and living on a feeder road. This item will be discussed under the City Engineer's report. 4. FINANCE DEPARTMENT: A. Claims M/S/P Armstrong/DeLapp - to adopt Resolution No. 2002-082, adopting the September 3, 2002 claims in the amount of $225,367.06, as presented. (Motion passed 5-0). The Council asked that they receive copies of any future Sand Creek bills. B. Update on Cost of Living: The Finance Director reported that the employees' hourly rates have been adjusted to include the 2002, 3.5% Cost of Living increase which they received on their last payroll checks. She thanked the staff for their understanding that they would not receive the retroactive pay from the first of the year until the budget has been adopted. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 2 The Finance Director asked the Council what is the policy for retroactive pay for the employees who were employed in the year 2002 who are no longer employed? M/S/P DeLapp/Armstrong — to authorize retroactive compensation to include all eligible fulltime authorized employees in the year 2002. (Motion passed 5-0). Administrator Kueffner reported there is one employee who paid herself 107 hours of comp time and 80 hours of vacation time and approved it. She has done research and needs to get a legal opinion on our policy. M/S/P DeLapp/Siedow — to ask the Finance Committee to address this issue raised with review of the possible comp time and overtime issues. (Motion passed 5-0). C. Signature Authorization: The Finance Director has talked to the Auditor, who is not in favor of any staff member who has the ability to cut the checks for payment to sign these checks. The Finance Director asked the Council to rescind this resolution giving her authorization for her signature on the checks. The auditor also recommended the Mayor and an additional Council Member sign the checks for the City's protection. Administrator Kueffner will look into the statutory requirements. M/S/P DeLapp/Dunn — to rescind Resolution No. 2002-071 Designating Abigail Grenfell as an Authorized Signatory for the Payment of Funds at the Lake Elmo Bank, as recommend by the Finance Director and the auditors. (Motion passed 5-0). 5. NEW BUSINESS: 6. CONSENT AGENDA: These items were discussed and approved by the City Council at its August 20th meeting; Resolutions were drafted for Council approval. A. Resolution amending Personnel Policy M/S/P DeLapp/Dunn - to adopt Resolution No. 2002-083, A Resolution Amending the Personnel Policy Relating to Medical Leave, Continuation of Insurance Benefits During Disability Payments, and Definition of "Work Day". (Motion passed 5-0) B. Resolution Authorizing issuance of payroll tax, ICMA, and child support checks prior to City Council approval M/S/P DeLapp/Dunn - to adopt Resolution No. 2002-084, A Resolution Granting Authorization to Issue Checks Prior to Council Adoption of Claims. (Motion passed 5- 0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 C. Resolution authorizing issuance of escrow refunds prior to City Council approval. M/S/P DeLapp/Dunn - to adopt Resolution No. 2002-085, A Resolution Granting Authorization to Issue Escrow Refunds Prior to Council Adoption of Claims. (Motion passed 5-0). D. Resolution approving Audit Agreement with Abdo, Fick & Meyers, LLP The Finance Director recommended Council approval of the Audit Agreement with Abdo, Eick & Meyers, LLP by adopting the provided resolution. M/S/P DeLapp/Dunn - to adopt Resolution No. 2002-086, A Resolution Authorizing Services from Abdo, Eick & Meyers, LLP. (Motion passed 5-0). E. Planning Commission Resignations Kevin Herber has submitted his resignation from the Planning Commission. Mark Deziel moved up from First Alternate to serve out the term of Tim Mandel and Julie Bunn moved up to the position of First Alternate. With Kevin's resignation, Julie will move up to serve his term, which expires December 31, 2003. M/S/P Dunn/Armstrong - to officially appoint Mark Deziel as a full voting member of the Planning Commission to serve out the term of Tim Mandel, this expires December 31, 2003. (Motion passed 5-0). M/S/P Dunn/Armstrong - to accept the resignation of Kevin Herber from the Planning Commission, with the direction for the City Administrator to send Mr. Herber a letter of appreciation. (Motion passed 5-0). M/S/P Dunn/Armstrong - to move Julie Bunn to a full voting member of the Planning Commission to serve out the term of Kevin Herber, this expires December 31, 2003. (Motion passed 5-0). F. Parks Commission Rand Wagner has missed most of the Parks Commission meetings in 2002 and unable to contact him by phone to see if there is a reason he has not been able to attend. The Parks Commission is having difficulty getting a quorum at their meeting. They have asked that Mr. Wagner be officially removed from the Commission so they can seek out more active members. Council member Dunn indicated the reason why it's been difficult to reach Mr. Wagner is that he has out-of-town serving as President of the State Chapter for the Jaycees. The Commission has also suggested that the number of Parks Commission members be reduced so that getting a quorum might be easier. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 M/S/P Dunn/DeLapp — to bring back a proposal to change the code requiring five members in attendance at a meeting to take action and delete the word "quorum" and direct staff to solicit members to fill the vacancies. (Motion passed 5-0). G. Partial Payment No. 5 to EnComm Midwest, LLC for Well House No. 2 M/S/P Dunn/DeLapp - to adopt Resolution No. 2002-087 A Resolution Approving Partial Payment No. 5 to EnComm Midwest, LLC for Well House No. 2 in the amount of $72,762.89, verified b the City Engineer in his memo dated August 28, 2002. (Motion passed 5-0). 7. MAINTENANCE/FIRE/PARKS/BUILDING REPORTS: A. Partnership Project with Lake Elmo Baseball for VFW Ballfield A co-operative effort is ongoing between the Lake Elmo Baseball Association and the City. Completed improvements include a new outfield fence, warning track, batting cage, dugouts, and electrical power to the batting cage. Tom Edison, Lake Elmo Baseball, offered to do the labor to sod and install the concrete pads for the bleachers if the City incurs the cost. There is money in both the CIP and Landscape Budget to cover this expense. Administrator Kueffner recommends the money be taken from the Landscape Budget. M/S/P Dunn/DeLapp - to approve the expenditure of $2700 (plus sales tax applicable) to provide the sod, concrete, black dirt and lumber for sodding the infield and the installation of the refurbished bleachers from Lions Park, based on the Lake Elmo Baseball Association providing the labor for these improvements. Further that the monies to pay for this project be taken from the Parks Department's Landscape Budget. The water line may need to be extended, and this item will come back at a later date. (Motion passed 5-0). B. Ridge Park Grading and Seeding The Council directed staff to solicit quotes for the grading and seeding of baseball field and play area at Ridge Park. Quotes were solicited from Arnt Construction, Frattilone Construction, J.J. Charles and Sons, Inc. and Mogen Brothers. The City only received a bid from Mogren Brothers for $46,685. The Parks Supervisor did not feel comfortable proceeding with this project when only one bid was received. He preferred to rebid in the spring. Council member Armstrong raised the question is the City overbuilding neighborhood parks? This will become a future agenda item for Council discussion. M/S/P Dunn/DeLapp — to postpone work on the Parkview Ballfield until the spring of 2003, as recommended by the Parks Supervisor. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 C. Sunfish Lake Park Fence Quotes The Parks Supervisor reported the Council has approved the placement of a corridor fence through the MPCA site to create a west access into the park for the Tri-lakes area. The following quotes were obtained: Century Fence $ 5,807.00 First Quality Fence $ 6,475.00 Dakota Fence $10,165.00 Staff recommended contracting with Century Fence. It was noted that Century Fence did all of the MPCA original fencing. Funding source for this project would be the Parks CIP. M/S/P DeLapp/Dunn — to award the bid for a corridor fence through the MCPA site to create a west access to Sunfish Park to Century Fence in the amount of $5,807.00, plus sales tax if applicable. (Motion passed 5-0). D. Hazardous Tree Removal in Right -of -Way Park Supervisor, Mike Bouthilet, reported the City has two large dead trees on its right- of-way that could be a potential hazard. The removal of these trees is beyond the scope of the Public Works Department because of the need to climb and top the trees. The supervisor received three quotes and recommended going with the low bidder ($458.00), St. Croix Tree Service Inc, Roberts, WI. M/S/P Duuv/DeLapp — to award the bid for removal of two dead trees in the City's right- of-way to St.Croix Tree Service, Roberts, WI in the amount of $458 (plus tax if applicable). (Motion passed 5-0). 8. CITY ENGINEER'S REPORT: A. Schedule for addressing DeerPond Trail Drainage Problem Tom Prew reported he will be meeting with the contractor, and the job should be done by the end of the month. B. Hill Trail N. M/S/P DeLapp/Armstrong — to direct the Finance Director to draft a memo to bring to the Finance Committee with a review of the assessment policy and new policy for reconstruction projects. After receiving the memo, the Council will draft letter to send to residents on Hill Trail N. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 6 9. PLANNING. LAND USE & ZONING: A. Planning Commission Recommendation on General Business Zoning Uses The City Planner reported the Planning Commission adopted a motion recommending rezoning of the seven parcels along I-94 presently zoned GB to zones consistent with the Land Use Plan of the 1990 Lake Elmo Comprehensive Plan. Staff reminded the Commission that rezoning to consistency with the adopted Comprehensive Plan within nine months of the adoption of that plan is mandatory by State Statute. It has been more than 9 months since 1990 for these parcels. M/S/P DeLapp/Armstrong — to direct the staff to initiate the process with setting up a public hearing to consider the rezoning of PID's 330292144003 (Auto Body Shop); 3302921440005 (Dental); 3402921330005 (Marine Sales); 3402921330004 (Building Materials Sales); 3402921340004 (Multi -tenant); and 3602921330001 (Undeveloped) from GB (General Business) to LB (Limited Business); and 3602921340006 (Undeveloped) From GB (General Business) to AG (Agricultural). (Motion passed 5-0). B. Landscape Architect to review OP Concept Plans Planner Dillerud reported the Planning Commission request of the Council more specifically exactly what features of an OP Concept Plan that a contract landscape Architect would be expected to review. They can then address how those Concept Plan features could be codified in terms that would provide guidance for both perspective applicants, and the contract Landscape Architect reviewer that would pass the "capricious and arbitrary" test. The Planner suggested the Council appoint a representative to work directly with the Planning Commission on this subject. M/S/P Armstrong/Hunt — to appoint Steve DeLapp to work directly with the Planning Commission to identify specific issues of concern with OP Concept Plans that could be appropriately reviewed by a contract Landscape Architect, with a 60-day timeframe to come back to the Council with a recommendation. (Motion passed 5-0). C. Community Facilities and Staffing Forecast M/S/P Armstrong/Siedow — to adopt Resolution No. 2002-088, A Resolution Receiving the Building Inventory/Condition Analysis Study Report Prepared by Toltz, King, Duvall, Anderson and Associates (TKDA). (Motion passed 5-0). D. Metropolitan Council — Lake Elmo Comprehensive Plan Mayor Hunt requested this matter be placed on the Agenda for discussion. Mayor Hunt suggested holding a public meeting to open up debate, evaluate options and impacts. Council member Siedow wanted to get the people involved in order to get their input on what they want. He suggested, previously, a referendum if the City should have sewer or not to have sewer. Council member DeLapp had no problem holding a public meeting, and if all the people said they wanted large amounts of sewer, he would have to reconsider his vote. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 7 Council member Armstrong recommended the City present the Comprehensive Plan "as it is" and stay strong. Council member Armstrong and Dunn emphasized that the more development the City has, the more it costs the City to provide services. Sewer is not the only way for a City to develop. Council member Dunn suggested sending out a letter to the residents explaining what the issues are and the reasons why the City has chosen the road the have taken. M/S/P Dunn/Armstrong - to direct the City Planner to respond that the City is not going to take any further action than to respond to the E mail memo from Mr. Sheehy, Met Council, of August 30, 2002 and that the Planner will answer as he has time. (Motion passed 4-1:Siedow: Discussion should be going on.). M/S/P Dunn/Armstrong — to request the Met Council remove the Lake Elmo Interceptor from the proposed CIP. (Motion passed 4-1:Siedow) E. Shafer Mining Council member DeLapp reported that on Friday and Monday there was large amounts of gravel on Jamaca that went way beyond the bike path even down to Highway 5, even to 36' and 37"' Street. Shafer was clearing the gravel off the road on Tuesday. Our holiday weekend should not be spoiled for the people who live on the streets with a dirt pile. DeLapp proposed fining the company or have our maintenance crew clean the streets and send Shafer a bill. M/S/P DeLapp/Armstrong - to direct the planner to send Shafer Mining a letter indicating the Council has discussed this matter and either the City needs an agreement from Shafer Mining to sweep on a daily basis, when operating, or the City will do the sweeping and send Shafer a bill. (Motion passed 5-0). The City Planner will inform the Council in a few weeks. 10. CITY ATTORNEY'S REPORT: None ILCITY ADMINISTRATOR'S REPORT: A. MAC — Capital Improvement Program Council member Siedow stated he is not against hanger expansion (62 hangers proposed), but he is against runway expansion. M/S/P Dunn/DeLapp — to direct the City Administrator to send a letter to MAC opposing the CIP indicating the City is opposed to building infrastructure to support new runways which would change the nature of the airport. (Motion passed 5-0). M/S/P Dunn/DeLapp — to draft a letter to MAC indicating the City of Lake Elmo is not interested in renaming the Lake Elmo Airport and send a copy of the April 16, 2002 Council Minutes which indicates the above. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 12. CITY COUNCIL REPORTS: A. Mayor Hunt Organizational Chart: Mayor Hunt had previously provided an Organizational Chart to give a jump start to the City for discussion on internal organization showing lines of command and communication. He suggested this be done through a Personnel Committee which would make sure personnel policies are up-to-date, make recommendations for new positions, rewrite job descriptions, and develop lines of communications. Council member Dunn volunteered to serve on the Personnel Committee. M/S/F DeLapp/Armstrong — to approve the plan the Mayor has put forward, at least on an interim basis. (Motion failed 2-3: Dunn: we need to look at this thoroughly and get more information; Hunt: There would be more confusion if we just implemented this chart now without communicating with people involved and asked that the personnel committee come back with a plan drawn up; Siedow: agreed with reasons stated.). M/S/P Siedow/Armstrong — to form a Personnel Committee comprised of Mayor Hunt and Council member Dunn with Council member Siedow serving as an alternate. (Motion passed 5-0). M/S/P Siedow/Armstrong - to direct the Personnel Committee to work with the Administrator, Assistant Administrator, Finance Director to come back with a recommendation on how to implement the top two tiers of the Organizational Chart by Wednesday, September 11, in order to be included in the Council packet. (Motion passed 5-0). Council member DeLapp suggested the Mayor be the liaison between the Finance Committee and the Personnel Committee. Personnel Issues Mayor Hunt stated there were issues reported to him between the Administrator and Finance Director that the Council needs to investigate. This could deal with performance issues of both the City Administrator and Finance Director and could be delayed until the next meeting. Attorney Filla explained if the purpose of the meeting is to investigate charges and allegations, the law states the meeting must be closed unless the people being discussed want the meeting to be opened. If the purpose of the meeting is to discuss performance evaluation, that meeting may be closed, but the person being evaluated has the right to request that the meeting be open. The Mayor stated he called the administrator and left a message, but she did not get the message in time to place the item on the agenda. There was no meeting notice indicating the purpose of this item. Administrator Kueffner stated she was not aware of any issues that happened in the last week. Kueffner indicated she would only attend an open meeting. LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 9 The Finance Director extended out to the Council an added conversation that not only involved her, but a public works staff, and an altercation she witnessed tonight with the cable caster. The Finance Director asked that the meeting to discuss the issues be closed. Council member Siedow and Dunn stated they were only getting bits and pieces of information on what was going on with staff. Without being told what this conflict is all about, Dunn stated a disservice has been done to her and others involved. Mayor Hunt stated the Council would have to determine if these charges were allegations that would be improper conduct on the City Administrator's part. These are the allegations brought out in the Finance Directors' memo to the Council about the lack of cooperation on preparing the budget and allegations of some improper conduct. Since this will take time to get done and the City will not be able to get work done, Council member Siedow suggested somebody be placed on administrative leave until the issues are resolved. M/S/ DeLapp/Siedow — to place somebody on administrative leave Mayor Hunt suggested before the Council takes that step that it schedule a meeting with Dr. Herried between the Finance Director, Administrator and himself. This does not state specifically who to place on administrative leave. Council member DeLapp stated the person would be the current administrator for a specific time determined by Council. Administrator Kueffner indicated the Council received something in writing that she didn't get a copy. Kueffner added that major allegations are being made against her and she has the right to see them, even before the Council. Council member Siedow stated he wasn't thinking the City Administrator be placed on leave and withdrew his second. The motion died for lack of a Second. Council member Siedow made the following motion: M/Siedow/No Second - that the City Finance Director be placed on paid leave until these issues are resolved. This motion died for a lack of a Second. Mayor Hunt stated, as part of the process, he had promised the Council would deal with issues when brought to them. He suggested adding an updated summary on the progress of issues between the City Administrator, Finance Director, Mayor and Dr. Herried, Sand Creek Group, to the Budget Workshop scheduled for Thursday, September 5th. M/S/P Siedow/DeLapp — that the City Administrator, Finance Director, Mayor Hunt and Dr. Herried be directed to meet Wednesday to discuss issues and the Mayor be directed to bring unresolved issues to Council at the budget workshop scheduled for Thursday, September 5a' at 5:15. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 10 B. Council member Armstrong C. Council member DeLapp D. Council member Dunn provided a copy of a letter from City of Lakeland Supporting the Cities of Lake Elmo and Afton within their comprehensive plans to deter urbanization of their communities. Dunn reported the crosswalk on CSAH 17 has been reinstated and Pete Shiltgen has planted winter wheat and doesn't want snowmobile driving over the wheat. E. Council member Siedow Adjourn at 10:00 p.m. Resolution No. 2002-082 Approval of claims Resolution No. 2002-083 Amending Personnel Policy relating to Medical Leave, Continuation of Insurance Benefits during Disability Payments, and Definition of "Work Day" Resolution No. 2002-084 Granting Authorization to Issue Checks prior to Council Adoption of Claims Resolution No. 2002-085 Granting Authorization to Issue Escrow Refunds Prior to Council Adoption of Claims Resolution No. 2002-086 Authorizing Services from Abdo, Eick & Meyes, LLP Resolution No. 2002-087 Approving Partial Payment No. 5 to EnComm Midwest, LLC for Well House No. 2 in the amount of $72,762.88 Resolution No. 2002-088 Receiving the Building Inventory/Condition Analysis Study Report Prepared by TKDA LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 3, 2002 11 ( ( sqx :�)t'4 gOCQ City: City of Lake Elmo Accounts Payable Printed: 08/23/0211:48 User: Abby Computer Check Register Check Vendor No Vendor Name Date Amount Invoice No 22241 BRANDLAN Brandl Anderson 08/23/2002 1,000.00 2820 Total for 22241: ----------------- 1,000.00 22242 HOMBYCHA Homes By Chase 08/23/2002 1,000.00 2881 Total for 22242: ----------------- 1,000.00 22243 LANDBUIL Lang Builders Inc. 08/23/2002 1,000.00 2734 1,000.00 2824 1,000.00 2502 1,000.00 2552 500.00 2073 Total for 22243: ----------------- 4,500.00 ----------------- Total for Accounts Payable Check Run: 6,500.00 Page 1 Uny: Urty of Lake Llmo Accounts Payable Printed: 08/30/02 07; 11 User: Abby Computer Check Register Check Vendor No Vendor Name Date Amount Invoice No 22245 ACEHARD Ace Hardware 09/04/2002 190.34 Total for 22245: ----------------- 190.34 22246 AIRGAS Airgas North Central 09/04/2002 16.13 105651912 Total for 22246: ----------------- 16.13 22247 ALLBLAC Allied Blacktop Co. 09/04/2002 3,700.00 5563 Total for 22247: ----------------- 3,700.00 22248 ARAM Aramark 09/04/2002 32.91 629-5075295 Total for 22248: ----------------- 32.91 22249 ARCH Arch Wireless 09/04/2002 0.39 L6036944-6 Total for 22249: ----------------- 0.39 22250 ASPENMI Aspen Mills, Inc. 09/04/2002 7.00 47395 131.50 47324 Total for 22250: ----------------- 138.50 22251 ATTLEAS AT&T 09/04/2002 29.08 19.55 Total for 22251: ----------------- 48.63 22252 BATTYPL Batteries Plus Woodbury 09/04/2002 56.43 N8-75027 Total for 22252: ----------------- 56.43 22253 BIPPS Biffs Inc. 09/04/2002 70.26 W 166913 Total for 22253: ----------------- 70.26 22254 BRINES Brine's Market 09/04/2002 60.03 Total for 22254: ----------------- 60.03 22255 BRYAN Bryan Rock Products, Inc. 09/04/2002 883.48 Total for 22255: ----------------- 883.48 22256 CARQUEST Car Quest 09/04/2002 46.53 202-267306 Total for 22256: ----------------- 46.53 22257 COPYIMAG Copy Images, Inc. 09/04/2002 61,38 26598 Total for 22257: ----------------- 61.38 Page 1 22258 CREAT Creative Promotions Intl 09iO4/2002 421.10 0557593 Total for for 22258: 421.10 22259 ELECTSER Election Systems & Software 09/04/2002 32.84 490803 Total for 22259: ----------------- 32.84 22260 EMERGAPP Emergency Apparatus Maint. 09/04/2002 317.54 Total for 22260: ----------------- 317.54 22261 EMERGAUT Emergency Automotive 09/04/2002 3,911.47 12583 75.83 12639 Total for 22261: ----------------- 3,987,30 22262 ENCOMM EnComm Midwest, LLC 09/04/2002 56,993.35 11927-04 Total for 22262: ----------------- 56,993.35 22263 FOUR Four Seasons Service 09/04/2002 68.25 Total for 22263: ----------------- 68.25 22264 FXL FXL, Inc. 09/04/2002 1,600.00 Total for 22264: ----------------- 1,600,00 22265 GENUINE Genuine Parts Co. 09/04/2002 346.05 103482554 Total for 22265: ----------------- 346.05 22266 HAWKINS Hawkins Chemical 09/04/2002 422.63 461396 Total for 22266: ----------------- 422.63 22267 HORNINGK Karl Horning 09/04/2002 42.09 34.50 Total for 22267: ----------------- 76.59 22268 MALMQ Greg Malmquist 09/04/2002 25.00 88.72 90.00 130.00 87.28 Total for 22268: ----------------- 421.00 22269 MENARDSO Menards - Oakdale 09/04/2002 42.45 87893 55.96 87387 Total for 22269: ----------------- 98.41 22270 METROCA Metrocall 09/04/2002 113.90 5955872 56.32 5956388 Total for 22270: ----------------- 170.22 Page 2 22271 MILLEREX Miller Excavating, Inc. 0 io4/2002 Total for 22271: 22272 MONOGRAM Monogramming Plus 09/04/2002 Total for 22272: 22273 MTI MTI Distributing 09/04/2002 Total for 22273: 22274 NORTHTUR NorthStar Turf 09/04/2002 Total for 22274: 22275 OAKDALE City of Oakdale 09/04/2002 Total for 22275: 22276 ONECALL One Call Concepts, Inc 09/04/2002 Total for 22276: 22277 PERA PERA 09/04/2002 Total for 22277: 22278 PETERSO Peterson Pram & Bergman 09/04/2002 Total for 22278: 22279 PITNEY Pitney Bowes 09/04/2002 Total for 22279: 22280 PITNEYSU Pitney Bowes Supplies 09/04/2002 Total for 22280: 22281 QUANTUM Quantum Digital Imaging 09/04/2002 Total for 22281: 22282 QWEST Qwest 09/04/2002 Total for 22282: 22283 ROGERS Rogers Printing Services 09/04/2002 23.54 7655 23.54 58.00 5577 58.00 241.44 322379-00 103.41 322379-01 344.85 172.25 452487 172.25 2,393.86 9605808 780.00 I4 3,173.86 117.80 2070465 117.80 10.00 18278 10.00 190.00 11135-000008 686.03 11135-920001 134.61 11150-020010 33.00 11155-010001 133.00 11150-000003 123.50 11150-020005 402.34 11150-020006 40.35 11150-020010 1,742.83 106.00 2817997-AUG02 106.00 75.98 907070 75.98 35.28 27935 35.28 34,82 34.82 84.03 9658 Page 3 l Total for 22283: ----------------- 84.03 22284 RUD Diane Prince-Rud 09/04/2002 480.00 Total for 22284: ----------------- 480.00 22285 SANDCRK Sand Creek Group, Inc. 09/04/2002 4,777.38 87485 Total for 22285: ----------------- 4,777.38 22286 SATELLIT Satellite Shelters, Inc. 09/04/2002 1,019.20 23344401 Total for 22286: ----------------- 1,019,20 22287 STCROIX St Croix Office Supplies 09/04/2002 11.25 061303 211.75 061303 150.75 061303 27.15 061303 Total for 22287: ----------------- 400.90 22288 STILLMOT Stillwater Motors 09/04/2002 458.53 215190 Total for 22288: ----------------- 458,53 22289 TASCH T.A. Schifsky & Sons 09/04/2002 29.29 27641 Total for 22289: ----------------- 29.29 22290 USFILTER US Filter Distribution 09/04/2002 770.52 8654716 1,612.41 8687416 Total for 22290: ----------------- 2,382.93 22291 USPOST United States Postal Service 09/04/2002 500.00 20313037 Total for 22291: ----------------- 500.00 22292 VIKING Viking Office Products 09/04/2002 59.63 557071 Total for 22292: ----------------- 59.63 22293 WAS-SHER Washington County Treasurer 09/04/2002 138,976.20 31604 Total for 22293: ------------- --- 138,976.20 22294 XCEL Xcel Energy 09/04/2002 43.47 0073736544228 Total for 22294: ----------------- 43.47 Total for for Accounts Payable Check Run: 225,367.06 Page 4 Suite P TEON 50 Eastt Fifth Street L \V�IJ 1 St. Paul, MN 55101-1197 FRAM 'BERGMAN CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 Comp. Plan Update 2000-2020 (651)291.8955 (651) 228.1753 facsimile Federal Tax ID 941-0991098 Page: 1 07/31/02 ACCOUNT NO: 11135-OOOOOBM STATEMENT NO: 2 HOURS 07/23/02 JPF Conference with planner re: response to Met Council staff rept. - 2.00 190.00 Jerome P. Filla 2.00 190.00 FOR CURRENT SERVICES RENDERED 2.00 190.00 TOTAL CURRENT WORK 190.00 BALANCE DUE $190.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 P B ERSr ON 50 East Fifth Street RVVVV St. Paul, MN 55101.1197 FRA � / CrBERGMAN e e e e CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55D42 Administration (65 1) 291-8955 1651) 228.1753 facsimile Federal Tax ID #41-0991098 Page: 1 07/31/02 ACCOUNT NO: 11135-920001M STATEMENT NO: 127 HOURS 07/02/02 JPF Prepare for and attend council workshop and ex session. 1.90 180.50 07/15/02 JPF Review council agenda; tele planner and Adm; prep - for meeting. 0.90 85.50 07/16/02 JPF Prepare for and attend council meeting. 3.50 332.50 07/17/02 JPF Legal research re: open meeting law; tele Susan Herriod. 0.60 57.00 07/22/02 JPF Review PC agenda. - 0.30 28.50 Jerome P. Filla 7.20 684.00 FOR CURRENT SERVICES RENDERED 7.20 684.00 Photocopies 1.90 TOTAL EXPENSES THRU 07/31/02 1.90 SALES TAX ON EXPENSES 0.13 TOTAL CURRENT WORK 686.03 BALANCE DUE $686.03 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE. LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 � �� 165q 55 50 East Fifth Street_ (65I) 228.1753 facsimile St. Paul, MN 55101.1197 RR M✓BERG /1 � Federal Tax ID #41-0991098 Kamm, J� ' 1 V 1L 11, N Page: 1 CITY OF LAKE ELMO 06/30/02 3800 Laverne Avenue North ACCOUNT NO: 11150-020010M Lake Elmo MN 55042 STATEMENT NO: 1 E.N. Properties - Laidlaw Transit CUP HOURS 06/27/02 JPF Revise CUP. - 1.10 104.50 06/28/02 JPF Telephone conference with planner; revise CUP resolution. 0.30 28.50 Jerome P. Filla 1.40 133.00 FOR CURRENT SERVICES RENDERED 1.40 133.00 Fax Charge - Long Distance 1.50 TOTAL EXPENSES THRU 06/30/02 1.50 SALES TAX ON EXPENSES 0.11 TOTAL CURRENT WORK 134.61 BALANCE DUE $134.61 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL HE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite P ERSON, 56 Ea Eastt Fifth Street St. Paul, MN 55101.1197 FRAM & BERGMAN CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 Kiesling V. City of Lake Elmo (65 1) 291-8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 06/30/02 ACCOUNT NO: 11155-010001M STATEMENT NO: 5 HOURS 06/19/02 JPF Telephone conference with Atty Sager re: possible settlement. 0.30 33.00 Jerome P. Fills. 0.30 33.00 FOR CURRENT SERVICES RENDERED 0.30 33.00 TOTAL CURRENT WORK 33.00 BALANCE DUE $33.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 1✓ TE�O 50 East Fifth Street 1 A..._.,_._�.- St. Paul, MN 55101.1197 FRAM&BERGMAN CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 RECO Property Permits (651)291.8955 (651) 228-1753 facsimile Federal Tax ID #41.0991098 Page: 1 07/31/02 ACCOUNT NO: 11150-000003M STATEMENT NO: 10 HOURS 07/19/02 JPF Legal research re: interim ordinance; temp takings; planner memo re: prelim plat, city code; tele planner. 1.40 133.00 Jerome P. Filla 1.40 133.00 FOR CURRENT SERVICES RENDERED 1.40 133.00 TOTAL CURRENT WORK 133.00 BALANCE DUE $133.00 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. Suite 300 ✓ FRSON 50 East Fifth Street 1� /� L 1I , St. Paul, MN 55101.1 197 F111 ll V MERG1�� a CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 Krongard - Wier OP Development 07/31/02 JPF Review OF esmt, prelim plat, declaration; tele planner; corr same. Jerome P. Fills. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE (651) 291.8955 (651) 228-1753 facsimile Federal Tax ID #41-0991098 Page: 1 07/31/02 ACCOUNT NO: 11150-020005M STATEMENT NO: 4 HOURS 1.30 123.50 1.30 123.50 1.30 123.50 123.50 $123.50 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL DE CREDITED TO THE NEXT MONTHS STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. 50 Ea 300 P H RC0N SO East Fifth Street T'11/7�1 L lJ , St. Paul, MN 55101-1197 Fl Y ,M BERGMAN CITY OF LAKE ELMO 3800 Laverne Avenue North Lake Elmo MN 55042 Patrick Kinney Variance 07/08/02 JPF Legal research re: various stds, city regs; tele planner re: resol denying variance request. (651) 29 1 �8955 (651) 228.1753 facsimile Federal Tax ID 841-0991098 Page: 1 07/31/02 ACCOUNT NO: 11150-020006M STATEMENT NO: 3 07/11/02 JPF Legal research re: variances; prep resol; tele and Corr planner; rev city memos. 07/17/02 JPF Revise resol to incorp council comments; corr planner. Jerome P. Filla FOR CURRENT SERVICES RENDERED Photocopies Fax Charge - Local TOTAL EXPENSES THRU 07/31/02 SALES TAX ON EXPENSES TOTAL CURRENT WORK BALANCE DUE HOURS 0.90 85.50 2.70 256.50 0.50 47.50 4.10 389.50 4.10 389.50 9.00 3.00 12.00 0.84 402.34 4"'36yD $402.34 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH'S STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. 300 50 EaP ERSON, 50 East Fifth Street St. Paul, MN 55101.1197 FRAM BERGMAN • • • • CITY OF LAKE -ELMO 3800 Laverne Avenue.North Lake Elmo MN 55042 E.N. Properties - Laidlaw Transit CUP 07/03/02 JPF Draft CUP; tele and corr city. Jerome P. Fills FOR CURRENT SERVICES RENDERED Photocopies TOTAL EXPENSES THRU 07/31/02 SALES TAX ON EXPENSES TOTAL CURRENT WORK BALANCE DUE (651) 291.8955 (651) 228-1753 facsimile Federal Tax ID 441.0991098 Page: 1 07/31/02 ACCOUNT NO: 11150-020010M STATEMENT NO: 2 ,ws\�1�'�A® `b`f� HOURS 0.40 38.00 0.40 -38.00 0.40 38.00 2.20 2.20 0.15 40.35 $40.35 THIS STATEMENT IS DUE AND PAYABLE TO THE END OF THE MONTH. PAYMENTS RECEIVED AFTER THE LAST DAY OF THE MONTH WILL BE CREDITED TO THE NEXT MONTH's STATEMENT. PLEASE RETURN ONE COPY OF STATEMENT WITH PAYMENT. LAKE ELMO CITY COUNCIL WORKSHOP SEPTEMBER 3, 2002 Mayor Hunt called the workshop to discuss Keats Avenue issues to order at 5:00 p.m. in the Council Chambers. PRESENT: COUNCIL: Siedow, Hunt, Armstrong, DeLapp; Planning Commissioner Diane Taylor. Environmental Commissioner Dean Johnston. ALSO PRESENT: Administrator Kueffner, Code Enforcement Officer Jim McNamara, Finance Director Abby Grenfell, Prosecuting Attorney Kevin Shoeberg, and Animal Control Officer Kathi Pelnar Mr. and Mrs. Steve Ziertman started the discussion with concerns and changes they would like to see in Section 1320 Dogs of the Lake Elmo Code. Questions raised were: What is considered dog "at large"? What is the procedure for when a dog is "at large"? Kathi Pelnar, Lake Elmo ACO, responded they could call her if an animal needs to be picked up. Kathi would ask that they try to confine the animal, and she would come to pick the dog up as soon as possible. If the animal is threatening, they should call 911. Rod Sessing asked what would be considered threatening. Council member Siedow said he considered any rottweiller threatening, whether they are wagging their tail or not. Council member DeLapp noted, if you are on a bicycle and a large strange dog comes running toward you, this could be considered threatening. Rod Sessing reported the incident on July 29t" was not his dog. It was 1 '/2 year old dog that belonged to his daughter. This dog was playing with his dog, but wandered off for a few minutes. Mr. and Mrs. Ziertman asked what you think went through their children's mind when this dog came into their yard. The children weigh only 30 and 60 lbs. One child was smart enough to lock himself into a metal kennel for protection. Mr. Ziertman asked Mayor Hunt why he reacted frightened of the dog when he came to the house. Was it the size or the bark that caused him to be afraid? Mayor Hunt stated the dog was heading toward the property line and barked continually until it was called back. He has been on the attacked side in his life and has backed away from large breed dogs. The Ziertmans explained they wanted to fix the problem with relying solely on invisible fencing as the method of containment. When the power goes out, and this happens frequently in Lake Elmo, there is no signal to keep the dogs contained in the yard. The Ziertmans said they know for a fact that the invisible fence is not enough. There should be some responsibility by the owner. If the dog owner is not home, the dog should be in a kennel or restrained. Rod Sessing reported his two dogs are contained on his property and have not been out in over a year. On June 9tt' the invisible fencing did not work He has put in new wiring around the entire perimeter and installed larger collars because the original collars were not working properly. He also added additional fencing on the back property line. LAKE ELMO CITY COUNCIL WORKSHOP SEPTEMBER 3, 2002 Kathi Pelnar, ACO, noted that she picks up as many dogs with collars as without. She pointed out that snow load can change effectiveness of an invisible fence. Council member Armstrong asked if the dog owner received a guarantee from the invisible fence company. Council member Dunn said the invisible fencing doesn't keep other dogs from coming into their yard. Council member Siedow asked if we are here to discuss existing laws that are being broken or are we here to change existing laws? Council member DeLapp explained he received calls, as well as had other Council members, on what happened on that particular occasion with the Animal Control Officer and asked if the complaint was followed through. Mike Smith, former Lake Elmo ACO, reported he did go out to the Ziertman property and wrote a ticket for "at large" and one for dog with no license. Mike told Rod Sessing that if he got a license for the dog he would dismiss the "no dog license" ticket, but he would not dismiss the dog at large for the Sessings. Mr. Ziertman explained he asked the City for information on how this was followed through and found out that Rod Sessing had to go to court. Therefore, Steve was going to take the day off from work to attend. Steve Ziertman said he talked to Attorney Shoeberg, who said he received a call stating this was a family matter and should not get involved. Mr. Ziertman had a tape recording of the conversation he had with Attorney Shoeberg. Attorney Shoeberg explained he reviewed the information provided. Mr. Sessing told him he replaced all the wiring and fixed the fence problem. Shoeberg looked at this as a one time incident. He did not receive any information from the City that this was a family matter. Shoeberg thought he knew what Mr. Ziertman was referring to. After this incident occurred, he got a report from the City on another issue, but it had nothing to do with the dog "at large" ticket. Mike Smith asked why this has become an issue when he has written many tickets for dog "at large" and "no license". Was this because a ticket was written to a Planning Commission member? Smith stated he had heard Mr. Sessing sent an email to the City Administrator asking her to intervene between him and Attorney Shoeberg. Smith said he was told by the City Administrator that he was interfering into a family affair and taking sides. Smith said he had warned Mrs. Sessing, a year before, that her rottweiler was out chasing someone. His policy has been to give them one warning, and within a year's time if he has done it again, he issues a ticket. Administrator Kueffner stated for the record, she never received an e-mail from Rod Sessing, nor did she ever ask Mike Smith or direct Kevin Shoeberg to dismiss the ticket. LAKE ELMO CITY COUNCIL WORKSHOP SEPTEMBER 3, 2002 2 Attorney Shoeberg explained the Council and/or administrator can call him, and he will respond to their inquiries. It has never been his policy to take direction from any member of the City Council on which case to prosecute. It was his understanding that this meeting was to review and discuss the ordinances and recommend changes. Mayor Hunt explained he was invited by the Ziertmans, who pointed out four issues of concern, which Hunt sent to the City to see if any complaints were on record. Jim McNamara stated there was a rock on some slope which was corrected. The pile of debris was called out which was a screened fence that was started. Jim McNamara stated no permit is required for a fence unless it is for over 8 ft. in height Mr. Ziertman stated he wants equal enforcement for everyone. When Jim McNamara comes out and cites him about his placement of his trailers, he moves them, but Jim does not go to the Sessings. Steve Ziertman added the problem is that the City has not yet clarified what a "rear yard" can be. Planner Dillerud indicated "rear yard" has been defined by Attorney Filla and thought the issue was resolved. He would contact Filla again regarding the rear yard definition. Attorney Shoeberg stated this is the first time he has heard about trailers, and there are no citations on trailers sitting in his office. Letters of correction from Jim McNamara are not considered citations. Steve Ziertman asked where the letter went that was sent from his attorney. Mayor Hunt stated the Council has directed the staff to enforce the ordinances in exactly the same way for all the residents. Planner Dillerud indicated code enforcement, without a full time army of inspectors, can run into a squeaking wheel and then you grease it. A policy decision will have to be made to prioritize these issues and at what cost. Steve Ziertman suggested an article be inserted in the City Newsletter stating the City will enforce all City ordinances and complaints will be followed through. Eric Lipman told of an incident where Mr. Mehle, a jogger running along Stillwater Blvd., was attacked by rottweiler dogs. The EMT's had to be escorted by the sheriff. His concern is when a victim is badly injured; there should be some contact with the victim before an arrangement to settle the case. There should not be a summary kind of arrangement without checking in with the victim. Attorney Shoeberg responded, whether it is a dog bite or dog at large, it is important to get all the information and input from people involved. Shoeberg pointed out you can read in the newspaper, articles on dog issues and these are not just in Lake Elmo. Mike Smith suggested language be added to the code that if a property owner has installed invisible fencing and is not physically present, their dogs should be fenced in, kenneled or chained. LAKE ELMO CITY COUNCIL WORKSHOP SEPTEMBER 3, 2002 Mayor: Lee Hunt Agenda 3800 Laverne Ave N. City Council: Lake Elmo, MN 55042 Rosemary Armstrong Lake Elmo City Council 651-777-5510 Steve DeLapp 651-777-9615 (fax) Susan Dunn September 3, 2002 Web Site: Chuck Siedow www.LakeElmo.org Please read- Since the City Council does not have time to discuss every point presented, it may appear that decisions are preconceived. However, staffprovides 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 city council meetings. Ifyou are aware of information that has not been discussed, please fill out a `Request to Appear Before the Council Form ", or, If you came late, raiseyour hand to be recogni.Zed. 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. 5:15 P.M. Workshop — Keats Avenue Residents 7:00 P.M. Regular City Council Meeting Convenes Pledge ofAllegiance 1. Agenda 2. Minutes (Postpone) 3. Public Informational A. Public Inquiries 4. Finance Department A. Claims 5. New Business 6. Consent Agenda A. Resolutions amending Personnel Policy B. Resolution authorizing issuance of payroll tax, ICMA, and child support checks Prior to City Council approval C. Resolution authorizing issuance of escrow refunds prior to City Council approval D. Resolution approving Audit Agreement with Abdo, Eick & Meyers, LLP. E. Planning Commission Resignations F. Parks Commission G. Partial Payment No.5 to Encomm Midwest, LLC for Well House No. 2 7. Maintenance/Parks/Fire/Building A. Partnership Project with Lake Elmo Baseball B. Ridge Park Grading and Seeding C. Sunfish Lake Park Fence Quotes D. Hazardous Tree Removal in Right -of -Way E. Other 8. City Engineer's Report A. Schedule for addressing Deer Pond Trail Drainage Problem 9. Planning, Land Use & Zoning A. Planning Commission Recommendation on General Business Zoning Uses B. Landscape Architect to review OP Concept Plans C. Community Facilities D. Metropolitan Council — Lake Elmo Comprehensive Plan 10. City Attorney's Report 11. City Administrator's Report A: MAC — Capital Improvement Program B. Other 12. City Council Reports A. Mayor Hunt B. Council member Armstrong C. Council member DeLapp D. Council member Dunn E. Council member Siedow 13. Adjourn 40>> Upcoming Meetings... September 5, 2002 — 5:00 PM— Budget Workshop Septemberl7, 2002-5:00PM—joint Meetingwitlz the CityofOakPark Heights to discuss annexation petition October 1, 2002 — 5:15 PM — Sand Creek Group