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Home My WebLink About12-19-02 CCMMINUTESAPPROVED: January 7, 2003 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 19, 2002 (NOTE: The meeting date has been changed from Tuesday, December 17, 2002) 1. AGENDA 2. MINUTES: December 3, 2002 3. PUBLIC INQUIRIES/INFORMATIONAL: 4. NEW BUSINESS: 5. CONSENT AGENDA: A. Resolution No. 2002-138 League of Minnesota Cities— Waiver of Monetary Limits on Tort Liability B. Resolution No. 2002-139 Change Order and Partial Payment for Fire Stations 1 and 2 Roof Replacement C. Resolution No. 2002-140 Final Payment to Collins Electrical Construction Company for Pump House # 1 and Lift Stations D. Resolution No. 2002-141 Partial Payment No. 7 for Well No. 3 E. Resolution No. 2002-142 Partial Payment No. 8 for Well House No. 2 6. FINANCE: A. 2003 Budget Adoption: Resolution 2002-143 B. Fiscal Impact of Retro Pay(COLA & Merit) C. Request for Temporary On -Call Assistance for Fire Department D. Resolution 2002-144 Claims 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dept. Activities: Jim McNamara 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS: B. Traffic Accident on State Highway 5 Acting Mayor Dunn called the Council Meeting to order at 5:00 p.m. in the Council Chambers. PRESENT: Dunn, Siedow, Armstrong (Arrived at 5:20 p.m.), DeLapp, City Engineer Prew, City Attorney Filla, Building Official Jim McNamara, Fire Chief Malmquist and City Planner Dillerud. ABSENT: Mayor Hunt 1. AGENDA ADD: 12B. Discussion on Accident on State Highway 5 M/S/P Siedow/Dunn — to approve the December 19, 2002 City Council agenda, as amended. (Motion passed 3-0). 2. MINUTES: December 3, 2002 M/S/P DeLapp/Siedow — to approve the December 3, 2002 City Council Minutes, as amended. (Motion passed 3-0.) LAKE ELMO COUNCIL MINUTES DECEMBER 19, 2002 PUBLIC INOUIRIES/INFORMATIONAL: EN 5. CONSENT AGENDA A. Resolution No 2002-138 League of Minne.cot» Cities — Limits on Tort Liability M/S/P Siedow/DeLapp — to adopt Resolution No. 2002-138 League of Minnesota Cities — Waiver of Monetary Limits on Tort Liability. (Motion passed 3-0). B. Resolution No 2002-139 Change Order and Partial Payment for Fire Stations 1 and 2 Roof Replacement The City Engineer reported in his memo, dated December 12, 2002, that the contractor, Nieman Roofing Company has completed the roof replacements except for a few small items. Prew recommended approval of Partial Payment No. 2 in the amount of $76,500.00. The City Engineer also indicated that after bidding, he discovered we over -designed the roof insulation. It was redesigned to match the state building code. The City received a $4,000 credit for this change. Prew recommended approval of Change Order No. 1 in the deduct amount of $4,000 for a reduction in the thickness of the insulation. M/S/P Siedow/DeLapp — to adopt Resolution No. 2002-139 Approving Change Order and Partial Payment for Fire Stations 1 and 2 Roof Replacement as recommended by the City Engineer in his memo dated December 12, 2002. (Motion Passed 3-0). C. Resolution No. 2002-140 Final Payment to Collins Electrical Construction Company for Pump House # I and Lift Stations The City Engineer recommended that the Council approve the Final Payment to Collins Electrical Construction Company in the amount of $17,985.00. M/S/P Siedow/DeLapp — to adopt Resolution No. 2002-140 Approving Final Payment to Collins Electrical Construction Company for Pump House 91 and Lift Stations as recommended by the City Engineer in his letter dated, December 12, 2002. (Motion passed 3-0). D. Resolution No. 2002-141 Partial Payment No 7 for Well No 3 The City Engineer recommended approval of Partial Payment No. 7 to Keys Well drilling for construction of Well No. 3. M/S/P Siedow/DeLapp — to adopt Resolution No. 2002-141 Approving Partial Payment No. 7 to Keys Well Drilling for construction of Well No. 3, as verified by the City Engineer in his memo dated December 12, 2002. (Motion passed 3-0). LAKE ELMO COUNCIL MINUTES DECEMBER 19, 2002 2 E. Resolution No. 2002-142 Partial Payment No. 8 for Well House No 2 M/S/P Siedow/DeLapp — to adopt Resolution No. 2002-142 Partial Payment No. 8 for Well House No. 2. (Motion passed 3-0). 6. FINANCE A. 2003 Budget Adoption; Resolution 2002-143 The Finance Director provided a copy of the 2003 General Fund Budget that went to hearing on December 6, 2002. It was noted the City did not receive any formal objections, in writing or through oral testimony. M/S/P DeLapp/Siedow — to adopt Resolution No. 2002-143 for Adoption of 2003 Budget. (Motion passed 4-0.) B. Fiscal Impact of Retro Pay (COLA & Merit) The Finance Director reported the Council previously authorized a 3.4% Cost of Living Adjustment (COLA) retroactive to January 1, 2002 to be processed after completion of the budget. The COLA adjusted hourly rate went into effect on the next period going forward so the retroactive payments are from January 1, 2002 through August 4, 2002. The Finance Director noted that the performance reviews have been completed and merit increase recommendations were made by the City Administrator. This is separate and apart from the 3.4% COLA. The Finance Director provided a fiscal impact analysis of the retroactive COLA payments and proposed merit increases for the staff. Council Member DeLapp stated he strongly opposes this item, (Retro-Pay for COLA and Merit). He suggested a special meeting be held to receive greater detail explaining why there is a wide discrepancy in the percentage of salary increases. Council Member Armstrong added she received a 1% raise, and the City should get with the real world. The City Planner explained the City's structure is that of a pay plan with steps considered to be merit steps. Annually, the Council adopts a COLA against the pay plan and the plan is adjusted. He said when the COLA payment has dragged out as far as this, the COLA and steps are given at the same time. Typically the steps come after the COLA is adjusted the first of the year. Councilmember Siedow indicated the 3.4% COLA was already approved and in the 2002 budget. M/S/F Siedow/Dunn — to approve the Retro Pay (COLA and Merit) as presented. (Motion Failed 2-2:Armstrong:In reality she received a 1% raise and she could not justify a COLA and Merit increase at the same time; DeLapp: Suggests holding a special meeting to discuss the merit increases.) LAKE ELMO COUNCIL MINUTES DECEMBER 19, 2002 The Council asked that Assistant City Administrator Dillerud review the information in the packet on Merit Increases and come back with a recommendation for the January 7th Council meeting. M/S/P Siedow/DeLapp — to postpone discussion on Merit increases until the Acting City Administrator can present a recommendation at the January 71' Council meeting. (Motion passed 3 -0- 1:Abstain:Armstrong: she will not be serving in the capacity of a Council member at the January 7th Council meeting.) M/S/P Dunn/DeLapp — to approve the 3.4% COLA retro-pay as presented. (Motion passed 3-1 :Armstrong: This COLA is more that the State of MN. This is not the real world.) C. Request for Temporary On -Call Assistance for Fire Department Fire Chief Malmquist reported the Fire Department is currently receiving volunteer assistance from an experienced fire fighter to perform light duty assignments relating to fire fighting services. These services include running errands, picking up parts for fire equipment, taking fire fighting equipment in for repair and completing run reports. This volunteer carries a pager and responds to fire calls. He does not perform fire fighter duties. He does complete the run reports during calls, acts as a command aid on larger scenes. This volunteer is not covered by the City's worker's compensation and liability policies. In order to protect the City from any potential liability, the Fire Chief and Finance Director recommended this volunteer be hired on a temporary basis, until the staffing study is completed in 2003. The Council saw a need and was supportive of such a person and asked that the Fire Chief discuss with the Acting Administrator the liability issue in hiring Bob Sherman as a temporary, on -call employee for the Fire Department. This item will be added to the January 7'1' Council agenda. D. Resolution 2002-144 Claims M/S/P Armstrong/Siedow — to adopt Resolution No. 2002-144, Approving Claims Numbers 22906 through 22920 in the amount of $12,375.21 which were used for payroll; Claim Numbers 58 and 59 in the amount of $5,573.14 which were used to pay payroll taxes; Claim Numbers 22921 through 22925 in the amount of $3,462.26 were used for payroll pass thru payments; Claim Numbers 22926 through 22979 in the amount of $265,719.95 are hereby approved. (Motion passed 4-0). LAKE ELMO COUNCIL MINUTES DECEMBER 19, 2002 4 7. MAINTENANCE/PARK/FIREBUILDING: A. Update on Building Dent, Activities: Jim McNamara The Building Official provided a Summary Building Report for the Month of November. There were four new residential permits and nine new commercial permits issued for the month of November. B. Update by Fire Chief, Greg Malmquist. Fire Chief Malmquist indicated the Department had very little to input into this budget. He pointed out that the rental space charge is $90 a month for a total of $1,080/year and there is only $600 in the budget, plus they are behind in compensation for 2002. Chief Malmquist hopes to have more members so he would be before the Council to justify why the Dept. is over spending. Attendance at Conference of Two Firefighters Fire Chief Mamlquist reported he was never notified of the decision and indicated this is undermining the Fire Dept. policies that they worked hard on developing. He said he is a strong advocate on training because it is a benefit to the department, but there is a proper procedure for training. 8. CITY ENGINEER'S REPORT 9. PLANNING. LAND USE & ZONING: The City Planner reported the process continues with our hearing issue with the Met Council. The Hearing is established for January 2, 3, 4, and 6, 2003. The question raised several times would the pending change in the Met Council potentially affect this hearing. He did not see any evidence of even though the Regional Administrator has resigned and the Chairman is leaving the January 1st. He stated there have been discussions on a way for settlement and he has given the criteria for what the Council expects, but they have not responded. There will be an Executive Session with the MN Cities League Attorney at 5:00 p.m. on January 7, 2003. 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: 12. CITY COUNCIL REPORTS C. Traffic Accident on State Highway: Council member DeLapp suggested the City get actively involved and as legally as we can on safety improvements to State Highway 5. M/S/P Armstrong/DeLapp - to schedule a Council workshop, for January 7, 6:00 p.m. with the Mn/DOT Engineer, Rick Arnebeck a.m. to discuss Safety Improvements on State IIighway 5. The public will be invited. (Motion passed 4-0). Council member Armstrong caution the Council not to get bogged down with rain forests, parkways, but to take as much land as needed for safety improvements and act as soon as possible. LAKE ELMO COUNCIL MINUTES DECEMBER 19, 2002 Adjourn 5:45 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2002-138 League of MN Cities — Waiver of Monetary Limits on Tort Liability Resolution No. 2002-139 Change Order & PP for Fire Stations 1 & 2 Roof Replacements Resolution No. 2002-140 Final Payment for Collins Electrical Construction for Pump House #1 & Lift Stations Resolution No. 2002-141 Partial Payment No. 7 for Well No. 3 Resolution No. 2002-142 Partial Payment No. 8 for Well House No. 2 Resolution No. 2002-143 2003 Budget Adoption Resolution No. 2002-144 Claims LAKE ELMO COUNCIL MINUTES DECEMBER 19, 2002 Mayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Thursday DECEMBER 19, 2002 (NOTE: The meeting date has been changed from Tuesday, December 17, 2002) 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) Mary. Kueffn er@la keel mo. 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. NOTE MEETING TIME CHANGE: 5:00 p.m. Agenda City Council Meeting Convenes 5:00 PM Pledge of Allegiance 1. Agenda 2. Minutes December 3, 2002 3. PUBLIC INOUIRIES/INFORMATIONAL: A. 4. NEW BUSINESS: 5. CONSENT AGENDA: A. Resolution No. 2002-138 League of Minnesota Cities — Waiver of Monetary Limits on Tort Liability B. Resolution No. 2002-139 Change Order _ and Partial Payment for Fire Stations 1 and 2 Roof Replacement C. Resolution No. 2002-140 Final Payment to Collins Electrical Construction Company for Pump House #1 and Lift Stations D. Resolution No. 2002-141 Partial Payment No. 7 for Well No. 3 E. Resolution No. 2002-142 Partial Payment No. 8 for Well House No. 2 Lake Elmo City Council Agenda December 19, 2002 Page 2 6. FINANCE: Abby Grenfell A. 2003 Budget Adoption: Resolution 2002-143 B. Fiscal Impact of Retro Pay (COLA & Merit) C. Request for Temporary On -Call Assistance for Fire Department D. Resolution 2002-144 Claims 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Update on Building Dept. Activities: Jim McNamara S. CITY ENGINEER'S REPORT: Tom Prew A. 9. PLANNING, LAND USE & ZONING: Chuck Dillerud A. 10. CITY ATTORNEY'S REPORT: A. 11. CITY ADMINISTRATOR'S REPORT: A. 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Armstrong E. Council Member Siedow MINUTES APPROVED: JANUARY 7, 2003 City of Lake Elmo Washington County, Minnesota Minutes of Emergency City Council Meeting December 19, 2002 An emergency meeting of the City Council was called to order by Mayor Hunt at 10:00 a,m, on December 19, 2002 at the Lake Elmo Fire Department. Present at the meeting were Mayor Hunt and councilpersons Steve DeLapp, Rose Armstrong and Chuck Siedow. Councilperson Susan Dunn was absent. A motion was made by Rose Armstrong to close the meeting to discuss an ongoing criminal prosecution and certain non-public data with the Prosecuting Attorney Kevin K. Shoeberg. The motion was seconded by Steve DeLapp and carried unanimously. A closed session of the City Council was conducted. The emergency special meeting was reconvened. The Prosecuting Attorney advised the Council that it should act immediately on issues raised with the City Council. Council person Rose Armstrong made a motion to authorize the prosecuting attorney to refer the matters discussed in the closed meeting to the County Attorney or in the alternative authorized him to hire an independent law firm to investigate those matters. The motion was seconded by Chuck Siedow and carried unanimously. Chuck Siedow indicated that he did not take any of the information presented in the closed session into his decision. He felt that the City Council was just as much to blame as its employees for the way things have been handled. However, Council person Chuck Siedow moved to terminate the Finance Director Abby Grenfell and the City Administrator Mary Kueffner. The motion was seconded by Mayor Lee Hunt and carried unanimously. Council person Steve DeLapp moved to notify both parties that the termination was effective today and should be handled by the Prosecuting Attorney Kevin K. Shoeberg by 4:30 p.m. on December 19, 2002. The motion was seconded by Rose Armstrong and passed unanimously. Council person Rose Armstrong moved to appoint Charles Dillerud as the Acting City Administrator. The motion was seconded by Chuck Siedow and passed unanimously. Council person Charles Siedow then made a motion to clarify the termination motion so that the Prosecuting Attorney be authorized to handle the terminations consistent with any contracts that exist that pertain to the City Administrator. The motion was seconded by Rose Armstrong and passed unanimously. At 11:55 a.m. a motion was made by Chuck Siedow which was seconded by Steve DeLapp to adjourn the special meeting. Respectfully submitted, Kevin K. Shoeberg Recording Secretary 12/17/2002 14:96 FAX 651 7J6 $746 LAW OFFICES IR002 t ( NOTICE OF EME1 RGENCY SPECIAL MEETING LAKE ELMO, MINNESOTA NO 1ICE IS HEREBY GIVEN that the City Council of the City of Lake Elmo shall hold a special emergency closed meeting with its criminal prosecuting attorney pursuant to Minnesota Statutes § § i 3D.05, Subd. 3 (b) and 13392 and the attorney -client privilege to discuss an ongoing criminal investigation and review of non public data. The meeting shall be held on Thursday, December 19, 2002 at 10:00 a.m. at the Lake Elmo City Fire Department, 3510 Laverne Avenue North, Lake Elmo, Minnesota 55042_ Dated: December 17, 2002 BY ORDER OF THE LAKE ELMO CITY COUNCIL Mary Kueffner, City Administrator 3N Engineering 42 1E 651 778 4031 12/17 102 16:23 N0.166 02/02 Notice of Emergency Meeting The Lslw Elmo City Council will, bold an. emergency closed meeting Thursday Morning, Dec 19, 2002 at 10:00 on. at the )~ire ball. Full details of this meeting are given. in the attached meeting notice from Kevin Shoeberg, the City Prosecuting attorney. 2 Lee Bunt Mayor, City of Jake Elmo