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HomeMy WebLinkAbout12-03-02 CCMMINUTES APPROVED: DECEMBER 19, 2002 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 6:00 p.m. CLOSED MEETING: On -Going Litigation with the Met Council 1. AGENDA 2. MINUTES: November 19, 2002 3. PUBLIC INQUIRIES4NFORMATIONAL: A. December 17th Council Meeting: Cancel or reschedule to December 191h 4. NEW BUSINESS: 5. CONSENT AGENDA: A. 2003 Liquor Licenses B. Leave of Absence Request C. Amendment to Fee Schedule for Liquor Licenses D. Amendment to Personnel Policy on Vacation Accrual and Usage 6. FINANCE: A. Continuation of Certain Insurance During Disability Payments B. Resolution 20,02-135 Claims 7. MAINTENANCE/PARK/FIREBUILDING: 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. Herzfeld Land Offer Donation B. Draft Policy — 25 MPH Zones C. Escrow Reduction: Sunfish Ponds D. Met Council — Comp Plan Update 10.CITY ATTORNEY'S REPORT: I I. CITY ADMINISTRATOR'S REPORT: A. Discuss Salary of Janitorial versus Temporary Sander Position B. Request for Copies of Annual Employee Reviews 12.CITY COUNCIL REPORTS: 1. AGENDA Add: 9C Escrow reduction, 9D. Met Council -Comp Plan Update; 11 A. Discuss the salary of janitorial versus temporary sander position, 11B. Annual Employee Reviews LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 1 M/S/P Dunn/Siedow — to approve the December 3, 2002 City Council Agenda, as amended. (Motion passed 5-0.) 2. MINUTES: November 19, 2002 M/S/P Siedow/Dunn — to approve the November 19, 2002 City Council Minutes, as amended. (Motion passed 5-0.) 3. PUBLIC INOUMIES/INFORMATIONAL: A. Public Inquiries: ries: Joel Eder reported he has observed speeding on Lake Elmo Avenue in front of the post office and asked that the 30 MPH speed limit be enforced. According to Mr. Eder, the speeding occurs mid -morning and mid- afternoon, seven days a week. The speeding concern on Lake Elmo Avenue, in front of the post office, will be passed onto the Washington County Deputies. . Charlie Schneider asked questions on the revenues and expense of the Water Enterprise Fund. The Finance Director explained these are preliminary numbers for an enterprise fund and indicated it did not look like the City was running into a deficit. These questions were deferred to the Budget Hearing. The Finance Director is working on a repayment plan for the $500,000 loan from the General Fund to the Water Enterprise Fund. This analysis will tentatively be completed for a January Council meeting. B. December 17th Council Meeting: Cancel or reschedule to December 19 The Truth In Taxation Meeting is scheduled for 7 p.m. Thursday, December 19. The Council will hold the regular Council meeting at 5 p.m., December 19th, and asked staff that they make it a light agenda. M/S/P Siedow/DeLapp - to reschedule the regular Tuesday, December 17t" Council Meeting to Thursday, December 19th at 5 p.m. (Motion passed 5- 0.) 4. NEW BUSINESS: LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 2 5. CONSENT AGENDA: A. 2003 Liquor License M/S/P DeLapp/Dunn — to grant a 2003 On -Sale Intoxicating Liquor and On - Sale Sunday Intoxicating License to 3M Club of St Paul (Operators of Tartan Park). (Motion passed 5-0.) M/S/P DeLapp/Dunn — to grant a 2003 On -Sale Intoxicating Liquor, Off - Sale Intoxicating Liquor, and On -Sale Sunday Intoxicating Liquor License to the Twin Point Tavern and Lake Elmo Inn. (Motion passed 5-0.) M/S/P DeLapp/Dunn — to grant a 2003 On -Sale Intoxicating Liquor, On - Sale Sunday Intoxicating Liquor License to River Valley Catering, Inc., Lake Elmo Banquet Hall and the Machine Shed, Moline Plow, L.L.C. (Motion passed 5-0). M/S/P DeLapp/Dunn — to grant a 2003 On -Sale Non -Intoxicating Malt Liquor License for the Golf Course Center at Cimarron Park. (Motion passed 5-0). B. Leave of Absence Request The Finance Director reported a full-time City employee has requested an extension of the previously granted leave of absence. The extension request is for no more than 180 additional days. The City Administrator and Finance Director supported the request and recommended approval by the Council. M /S/P Dunn/DeLapp — to approve the extended Leave of Absence Request by the full-time City Employee. (Motion passed 5-0.) C. Amendment to Fee Schedule for Liquor Licenses (Postponed to December 19, 2002.) D. Amendment to Personnel Policy on Vacation Accrual and Usage The Finance Director reported there are inconsistencies in the Personnel Policy in the vacation accrual and usage sections. The following provision will replace the current policy. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 3 ORIENTATION PERIOD - Benefits During Orientation Period: During the first ninety days of the initial orientation period, but not during a promotional orientation period, an employee will not be paid for any absence from work, with the exception of legal paid holidays; use of compensatory time; or as otherwise provided in the employee's hiring agreement. After ninety days of service, an employee will be entitled to retroactive sick leave and vacation leave as of the date of hire. Vacation and sick leave accruals will not be reflected on the employee's pay stub until first full pay period after completion of the first ninety days of service or reasonably soon thereafter. Any additional vacation or sick leave accruals provided or as part of the employee's hiring agreement shall be reflected on the employee's first pay stub or as reasonably soon thereafter and may be used with the first ninety days of service. VACATION — Termination of Employment Any employee leaving the municipal service in good standing after one full year of service who gives proper notice of termination of employment will be compensated for vacation accrued to the date of separation. The above provision will be stricken. The ambiguity of the provision implied that unless you were employed for one full year, you forfeited all vacations accruals. This was not the intent of the policy. M/S/P DeLapp/Dunn — to adopt Resolution No. 2002-136, A Resolution Amending Personnel Policy to Amend Vacation Accrual Provisions. (Motion passed 5-0.) 6. FINANCE: A. Continuation of Certain Insurance During Disability Payments At its August 20, 2002 meeting, the Council approved amending the Personnel Policy to provide for the continuation of insurance for an individual for 90 days while receiving disability benefits through the City's insurance carrier. In addition, to medical and dental coverage, the City benefits include accidental death, life, short-term disability coverage. The Finance Director recommends the Council extend coverage for accidental death and life insurance coverage, at the City's expense, while the employee is continuing to receive disability payments from the City's insurance carrier, for a period not to exceed a total of 12 months. The fiscal impact of this recommendation is $12 per month. The City already provides 3 months of continued coverage. The additional nine months equals $108.00. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 4 The Finance Director reported the premiums for short-term disability and long-term disability are waived in the month following the payment of long- term disability. Currently, the City continues paying the premiums for the first 3 months if the employee is receiving disability benefits through the City's insurance carrier. If the premiums are not paid continually, coverage for long-term disability benefits will cease. The Finance Director recommend the Council amend the Personnel Policy to provide for continued short term and long tern disability coverage, at the City's expense, until the premium is waived due to disability, for a period not to exceed a total of 7 months. The fiscal impact of this recommendation is $57 per month. The additional four months equals $228.00. Council member Siedow stated he didn't think employees should get long or short disability insurance, if the City has to pay the insurance premium. M/S/P Dunn/Armstrong — to approve Resolution No. 2002-135, A Resolution Amending The Personnel Policy To Provide For Continued Life, Accidental Death, Short -Term and Long -Term Disability Coverage While An Employee Is On Medical Leave And Receiving Disability Benefits Through The City's Insurance Carrier. (Motion passed 4-1 Siedow: He didn't think employees should receive short or long tern disability insurances unless they paid the entire premium.) Council member DeLapp would like to have this agenda item to come up again M/S/P Siedow/DeLapp — to look at elimination or inclusion of disability insurance for the employees at the City's expense when staff reviews all of their benefits. (Motion passed 5-0.) B. Resolution 2002-137 Claims Council member DeLapp asked for the background on Attorney Shoeberg's claim of $37.50 to Review e-mail of Kim Schaffel. Council member Dunn stated this should have clarification before the meeting so answers are readily available. M/S/P Siedow/DeLapp — to approve Resolution No. 2002-137, Approving Claim Number 22849 in the amount of $93.50 which was used for election judge payroll, Claims Numbers 22850 through 22864 in the amount of $14,856.39 which were used for payroll; Claim Numbers 22865 through 22869 in the amount of $5,587.15 which were used for Council member LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 5 payroll; Claim Number 22870 in the amount of $1,000 which was used to refund an escrow deposit; Claims Numbers 56 and 57 in the amount of $7,925.21 which were used for payroll taxes; Claim Numbers 22871 through 22874 in the amount of $3,750.23 which were used to pay payroll pass through payments; Claims Numbers 22875 through 22877 in the amount of $7,194.43 which were used to pay payroll pass through payments; and claims Numbers 22878 through 22900 in the amount of $28,457.72 are hereby approved. (Motion passed 5-0). M/S/P DeLapp/Siedow — based on the comments made at the last Council meeting as to cause our city attorney to spend city resources, all requests for City Attorney tasks should be through the City Administrator, the staff is directed to receive an explanation on Attorney Shoeberg's claim of $37.50 to review e-mail from Kim Schaffel and send explanation to the Council. (Motion passed 5-0.) Council member Armstrong noted when someone sees criminal activities they have the option to go directly to the City Attorney. Council Member DeLapp asked that the Council be updated on the lawsuit between the City and employee, Mike Buckles. 7. MAINTENANCE/PARK/FIRE/BUILDING: None 8. CITY ENGINEER'S REPORT: None 9. PLANNING, LAND USE & ZONING: A. Land Donation Offer — Bob/Donna Herzfeld The City Planner reported the City received a letter from Bob and Donna Herzfeld, Herzfeld Inc., offering the City the title to Outlot G, Heritage Farm Development. The Planner reviewed the City files on Heritage as to the purpose of Outlot G. The City's (not the Land Trust's) Conservation Easement does include Outlot G. The Herzfelds advise that the purpose of Outlot G was to provide some geometric options for the future southerly extension of Lisbon Avenue. The Planner indicated it would be poor planning for the City to abandon the option of extension of Lisbon Avenue southerly and recommend the City accept the Herzfelds for the donation of Outlot G. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 6 Attorney Filla explained there might be other restrictions to these OP outlots. This may not be a simple matter for the Herzfeld to give us this necessary deed conveyance. M/S/P Siedow/Dunn — to direct the Planner and City Attorney to study the issue of the City accepting the donation of Outlot G, Heritage Farm, and, if needed, to bring back the package to the Council. (Motion passed 5-0.) B. Draft Policy — 25 MPH Speed Zones The City Planner explained the Council had directed Staff to investigate the ability of the City, and the process involved, to institute 25 MH speed zones on City streets under certain circumstances. The City Engineer has advised that, under certain specific physical circumstances, 25 MPH speed zones can be established. A Draft Policy Resolution, prepared by the City Engineer that reflects State Law to the circumstance under which the 25 MPH speed zones may be established by a City was provided. If the Council adopts this Policy, staff will prepare a Resolution to designate the roadway section in Fields of St. Croix 2nd Addition that prompted this matter; and a graphic depicting other street sections in the City that will qualify for future 25 MPH Speed limit designation. In response to Council member DeLapp's question if Hilltop Avenue could be covered under this policy, the City engineer explained the road is too wide as its 32' wide. Also, the 120' lot frontage may be too large to fall under the definition. These speed zones are primarily in the new OP subdivisions. Before we come back with any implementation, Council member DeLapp asked that the Washington County Deputies review the map with designated 25 MPH speed zones on City streets. M/S/P DeLapp/Dunn - to adopt Administrative Policy 42002-01 regarding criteria for establishing 25 MPH speed zones on City streets. (Motion passed 5-0). Planner Dillerud will bring in a street map with designated 25 MPH speeds zones, to the next council meeting if the Deputies have completed their review. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 7 C. Escrow Reduction — Sunfish Ponds The City Engineer recommended reduction of the Development Agreement Escrow for the Sunfish Ponds OP Project from $350,375 to $53,125 based on his inspection of completed improvements. The major remaining work on the project is for the final lift of street asphalt and a portion of the landscaping. M/S/P DeLapp/Armstrong - to approve reduction of the Development Agreement Escrow for Sunfish Ponds and S&C Bank Letter of Credit # 105 from $350,375 to $53,125, as recommended by the City Engineer in his letter of December 2, 2002. (Motion passed 5-0). D. Met Council - Amend Comprehensive Plan. The Council received a draft motion from Attorney Filla for their review. Council member DeLapp pointed out the wording of "required" changes. He felt the City is at issue with the Met Council as to whether they have the legal authority to require changes. He asked that the language be changed to "suggested" changes. Attorney Filla commented this is listed this way because it is the name of the document, "List of Required Modifications to Lake Elmo Comprehensive Plan". The motion as proposed is to direct the staff to set up a date for the public hearing. Filla added if the concern is with the word "required", as an alternative to Paragraph No. 2, it could read "to comply with Paragraph 7 of the attachment to the Metropolitan Council Resolution No. 2002-30." M/S/P Siedow/Dunn — to direct the City Planner to establish a public hearing date in compliance with appropriate regulations and at the earliest date possible to consider amending the City's Comprehensive Plan in the following manner. 1. To comply with Paragraph 1 and 2 of the "Regional Recreational and Open Spaces" section of Metropolitan Council Resolution No.2002-30; and 2. To comply with Paragraph 7 of the attachment to the Metropolitan Council Resolution No. 2002-30. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 8 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Pay Discrepancy Council Member DeLapp questioned the inconsistency in pay between the cleaning person and the temporary sander. Administrator Kueffner explained the cleaning lady is an independent contractor and receives no City benefits. The temporary sander is a temporary City employee and the City has to contribute other employee expenses, such as, FICA, medical, PERA, etc. B. Annual Employee Reviews Council Member DeLapp asked that the Council be sent copies of all the annual employee reviews. M/S/P DeLapp/Siedow — to direct the staff to send to the Council copies of the employee's annual staff reviews. (Motion passed 5-0.) 12.CITY COUNCIL REPORTS Mayor Hunt reported he met with the Mayor of Woodbury to discuss I-94 corridor issues and both Mayors agreed the two communities should talk more. Hunt suggested a meeting between both councils with a presentation by both planning staff of more than 20 to 30 minutes to share the directions of the two cities in a non -confrontational matter. Hunt noted that Mayor Hargis did not seem knowledgeable about Lake Elmo's 1% Surface Runoff Rule. The Mayor will proceed ahead with setting up such a meeting about the first quarter of next year. If other cities are interested in participating, these cities can be invited. Council member Dunn went to Lake Elmo Fire Dept. Appreciation pot luck. She attended the November 20'h Hwy 36 meeting and thought this was the best meeting they ever put together. The last meeting is scheduled for December 11, at 6:30 p.m. at the Washington County Government Center. There was a concern that there was not enough time for the public to review the possible impacts of existing businesses along Hwy 36. The meeting was adjourn at 8:25 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 9 Resolution No. 2002-135 Amend Personnel Policy to Provide for Continued Life, Accidental Death, Short -Term and Long -Term Disability Coverage While an Employee is On Medical leave and Receiving Disability Benefits Through the City's Insurance Carrier Resolution No. 2002-136 Amend Personnel Policy to Amend Vacation Accrual Provisions Resolution No. 2002-137 Claims Administrative Policy 42002-01 Establishing Criteria for 25 MPH Speed Zones on City Streets LAKE ELMO CITY COUNCIL MINUTES DECEMBER 3, 2002 10 Lee Hunt Couneilmembers: Steve DeLapp Susan Dunn Rosemary Armstrong Chuck Siedow Lake Elmo City Council Tuesday DECEMBER 3, 2002 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615(fax) Ma ry.Ku effner@la keel m o. 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. 6:00 p.m. Closed Meeting: On -going Litigation with the Met. Council Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes November 19, 2002 3. PUBLIC INOUIRIESANFORMATIONAL: A. December 17th Council Meeting: Cancel or reschedule to December 19th 4. NEW BUSINESS: 5. CONSENT AGENDA: A. 2003 Liquor Licenses B. Leave of Absence Request C. Amendment to Fee Schedule for Liquor Licenses D. Amendment to Personnel Policy on Vacation Accrual and Usage 6. FINANCE: Abby Grenfell A. Continuation of Certain Insurance During Disability Payments B. Resolution 2002-135 Claims 7. MAINTENANCE/PARK/Fn2E/BUILDING: A. S. CITY ENGINEER'S REPORT: Tom Prew A. Lake Elmo City Council Agenda December 3„ 2002 Page 2 9. PLANNING LAND USE & ZONING• Chuck Dillerud A. Herzfeld Land Offer Donation B. Draft Policy — 25 MPH Speed Zones 10. CITY ATTORNEY'S REPORT: A. It. 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 Truth In Taxation Hearing: December 6, 7 p.m.