HomeMy WebLinkAbout02-04-03 CCMMayor:
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Dean Johnston
Chuck Siedow
Lake Elmo
Tuesday
City Council 3800 Laverne Avenue No.
Lake Elmo, MN 55042
777-5510 777-9615 (fax)
February 4, 2003
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. NOTICE OF CLOSED MEETING:Review with attorneys on the
on -going investigation by the Frank Madden Law Firm
on the Abigail Grenfell Litigation
Agenda
City Council Meeting Convenes 7:00 PM
Pledge of Allegiance
L Agenda
2. Minutes
January 21, 2003 Hearing Minutes
January 21, 2003 Council Minutes
3. PUBLIC INQUIRIESANFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
bring the Council's attention any items not currently on the
A. PUBLIC INQUIRIES:
agenda. In addressing the Council, please state your name and
B. Planning Commission Appointments
address for the record, and a brief summary of the specific item
being addressed to the Council. To allow adequate time for
each person wishing to address the Council, we ask that
individuals limit their comments to three (3) minutes. Written
documents may be distributed to the Council prior to the
meeting or as bench copies, to allow a more timely presentation.
4. CONSENT AGENDA
Those items listed under the Consent Calendar are considered to
be routine by the City Council and will be enacted by one
A. Request to attend Municipal Clerks
motion under a Consent Calendar format. There will be no
Conference
separate discussion of these items unless a Council member so
requests, in which event, the item will be removed from the
general order of business and considered separately in its normal
sequence on the agenda.
5. FINANCE
A. Resolution 2003-008 Approving claims
6. NEW BUSINESS
7. MAINTENANCE/PARK/FIRE/BUILDING:
Lake Elmo City Council Agenda
February 4, 2003
Page 2
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Street Light Policy
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. OP Concept Plan - Whistling Valley
B. Development Moratorium — Certain GB -
Zoned Parcels
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 Johnston
E. Council Member Siedow
BOARD OF REVI)W: May 7, 4-6 p.m.
MINUTES APPROVED: FEBRUARY 4, 2003
LAKE ELMO CITY COUNCIL MINUTES
JANUARY 21, 2003
L AGENDA
2. MINUTES: December 19, 2002, January 7, 2003, January 13, 2003
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Local Board of Review: May 7, 2003
B. ORGANIZATIONAL:
(1) Planning Commission Interviews and Appointments
(2) Parks Commission Appointments
4. CONSENT AGENDA:
A. Water Ski Show: Joe Kiesling
B. Contracts:
(1) Cable Operator: Steven Press
(2) IT: Bill Keran
(3) Animal Control: Kathi Pelnar
(4) Sand Creek Group
C. Memberships:
(1) Stillwater Chamber
(2) Association of Metropolitan Municipalities
(3) International Institute of Municipal Clerks
FINANCE
A. Resolution 2003-047 Approving claims
6. NEW BUSINESS:
7. MAINTENANCE/PARIUFIRE/BUILDING:
A. Update on Fire Dept.: Chief Malmquist
(1) Fire Dept. Probationary Members
(2) Fire Dept. Support Services Position
B. Update on Building Dept. Activities: Jim McNamara
(1) Kevin Shoeberg:Update on Complaints
8. CITY ENGINEER'S REPORT:
A. Ridge Park Grading Contract
B. Recommendation Speed Study 50`" Street N.
C. State Hwy 5 Street Lighting
9. PLANNING, LAND USE & ZONING:
A. I-94 Corridor Rezoning Action (GB to LB)
10. CITY ATTORNEY'S REPORT:
A. Data Practices Procedure
11. CITY ADMINISTRATOR'S REPORT:
A. Speed Limit Reduction — 25 MPH in Selected Neighborhoods
B. Probation/Orientation Period Determination
C. Request for Traffic Control — Highlands Trail/I Iytrail
D. Pay Equity Report
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003
Mayor Hunt called the Council Meeting to order at 7:00 p.m. in the Council chambers:
PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Attorney (Civil) Filla, City
Attorney (Criminal) Shoeberg, City Engineer Prew, Parks/Public Works Supt. Mike
Bouthilet, Building Official Jim McNamara and Fire Chief Malmquist
1. AGENDA
ADD: 11B Finance Director -Pay Equity Report, 4B(1,2) The City just received the
contracts; therefore, there is no input from the independent contractors.
M/S/P Durm/DeLapp — to approve the January 21, 2003 City Council agenda, as
amended. (Motion passed 5-0).
2. MINUTES: December 19, 2002
M/S/P DeLapp/Siedow — to approve the December 19, 2002 Emergency Meeting
Minutes, as presented. (Motion passed 3-0-2:Abstain Johnston, Dunn.)
MINUTES: January 7, 2003
M/S/P Johnston/Dunn — to approve the January 7, 2003 City Council Minutes, as
amended. (Motion passed 5-0.)
MINUTES: January 13 2003
M/S/P Siedow/DeLapp — to approve the January 13, 2003 Council Minutes, as amended.
(Motion passed 5-0)
3. PUBLIC INOUIRIESANFORMATIONAL
A. Local Board of Review: May 7, 2003
The Lake Elmo Board of Review will meet at City Hall on Wednesday, the 7"' of May,
2003, between the hours of 4:00 and 6:00 p.m. for the purpose of reviewing and
correcting the assessment of said Real Estate for the year 2003.
B. ORGANIZATIONAL:
(1) Planning Commission Interviews and Appointments
Three existing commissioner terms expired on December 31, 2002. Tom Armstrong, Jr.
asked not to be reappointed. Bob IIelwig and Kathy Sedro have requested
reappointments.
M/S/P Dunn/Siedow — to reappoint Bob Helwig and Kathy Sedro to the Planning
Commission for 3-year terms that will expire on December 31, 2005. (Motion passed 5-
0.)
The City has five applications for the two vacant Planning Commission seats. Mayor
Hunt and Planner Dillerud suggested that the interview process be undertaken in a
workshop setting rather than at a Regular Council meeting, and include some manner of
set procedure.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003
M/DeLapp/No Second — to set as procedure an interview process at a workshop for future
Planning Commission appointments
Council member Johnston suggested that they wait and see how this process works for
the first time before it is made a policy. Motion was withdrawn.
M/S/P Dunn/Siedow — to set Monday, January 27, 5 p.m., as a workshop to interview
applicants for Planning Commission seats. Planning Commission members will be
invited and lunch provided. (Motion passed 5-0).
If an applicant cannot make the workshop, the Council will allow them the courtesy of an
interview at the February 4'1' council meeting.
(2) Parks Commission Appointments
There are currently three openings on the Parks Commission; one Full Voting Member
and two Alternate Members. The terms of Commissioners David Steele and Mike Tate
expired on December 31, 2002 and have requested reappointments.
No Council action was taken at the Organizational Meeting in 2002 with respect to Park
Commission appointments. Therefore, the following motions are housekeeping issues.
M/S/P Dunn/DeLapp — to reappoint David Steele and Mike Tate to the Parks
Commission to 3-year terms that will expire on December 31, 2005. (Motion passed 5-
0).
M/S/P Dunn/DeLapp — to appoint Terry Bouthilet as Full Voting Member of the Parks
Commission for a 3-year term that commenced on January 1, 2002 and ends December
31, 2004. (Motion passed 5-0).
Jenifer Ekern was appointed First Alternate to the Parks Commission on February 5,
2002. Three commissioners left the Parks Commission, but Commissioner Ekern was not
granted status as a Full Voting Member.
M/S/P Dunn/DeLapp — to appoint Jenifer Ekern as Full Voting Member of the Parks
Commission, for a 3-year term that expires on December 31, 2005. (Motion passed 5-0).
Linda Wagner was appointed to the Parks Commission in 2002, but was not granted
status as a Full Voting member.
M/S/P Dunn/DeLapp — to appoint Linda Wagner as Full Voting Member of the Parks
Commission to finish the 3-year term of Pletscher that commenced in January 2002 and
expires on December 31, 2004. (Motion passed 5-0).
The City has received three applications for the Parks Commission; Eric Boissonneault,
Jim Lund and John Ames.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003
M/S/P Dunn/DeLapp — to appoint Eric Boissonneault as Full Voting Member of the
Parks Commission, to finish the 3-year term of Rand Wagner that commenced in January
2002 and expires on December 31, 2004. (Motion passed 5-0).
M/S/P Dunn/DeLapp — to appoint Jim Lund as First Alternate Member and John Ames as
Second Alternate Member of the Parks Commission. (Motion passed 5-0).
Lake Elmo Jaycees
Eric Sorenson, President of Lake Elmo Jaycees, reported on the Supershot program, ages
10-12, entries are going to sectionals. Sorenson stated the Jaycees are here for the
community and need Lake Elmo people to tell them what they want the Jaycees to do.
4. CONSENT AGENDA
A. Water Ski Show: Joe Kiesline
Joe Kiesling, Tri-Lakes Assoc., is requesting Council approval of a Water Surface Use
Permit for the Annual Water Ski Show on Lake Jane, August 9, 2003, from 1-5 p.m. The
Tri-Lakes Assoc. has secured appropriate insurance coverage and the Sheriff's
Department has signed off on the permit pending Council approval. The Fire Dept. has
been contacted and will provide an emergency vehicle.
M/S/P Dunn/Siedow — to approve the permit request of Joe Kiesling, on behalf of the Tri-
Lakes Association, to hold a Water Ski Show on Lake Jane, August 9, 2003, from 1-5
p.m. based on the submittal of the appropriate information and on past favorable reports.
(Motion passed 5-0).
B. Contracts:
(1) Cable Operator: Steven Pres<
(2) IT: Bill Keran
(3) Animal Control:Kathi Pelnar
(4) Sand Creek
M/S/P Dumi/DeLapp — to approve the contracts for cable operator:Steven Press, IT:Bill
Keran, Animal Control:Kathi Pelnar and Sand Creek Group, as presented. (Motion
passed 5-0).
C. Memberships:
(1) Stillwater Chamber of Commerce
(2) Association of Metropolitan Municipalities
(3) International Institute of Municipal Clerks
M/S/P DeLapp/Johnston — to pull Stillwater Chamber of Commerce Membership off the
Consent Agenda for Council discussion. (Motion passed 5-0).
Council Member DeLapp asked if the Council could tell Lake Elmo residents how a
membership with the Stillwater Chamber of Commerce would benefit them.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003
Mayor Hunt and Council Member Dunn noted a great number of our Lake Elmo
Businesses are part of the Chamber, and we benefit by supporting our local businesses.
The Chamber provided the City with a Residents Guide.
M/S/P Siedow/Dunn — to approve the membership for 2003 with the Stillwater Chamber
of Commerce. (Motion passed 4-1:DeLapp:Other organizations, such as Family
Violence Network, have asked for City support, but we do not support them for other
reasons.)
M/S/P Dunn/DeLapp — to approve the memberships to Association of Metropolitan
Municipalities and International Institute of Municipal Clerks, as requested. (Motion
passed 5-0).
5. FINANCE:
A. Claims
M/S/P DeLapp/Johnston — to approve Resolution No. 2003-007, approving Claim
Numbers 23047 trough 23073, that were used for the Fire Department Payroll dated
January 9th, Claim Numbers 125, 126, 23074 through 23089 for Staff Payroll dated
January 9`h and 23090 through 23124 in the total amount of $191,973.14. (Motion passed
5-0.)
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIREBUILDING:
B. Building Department Update - 2002 Totals
Jim McNamara provided the December Building Dept. statistical report and the 2002
totals.
Planner Dillerud reported on the two notable figures found in this report:
1. The split of the 2002 fees/permits/charges/income to reflect that which is
passed through to another government entity and that which is retained by the
City. The next step, to be reflected in future monthly reports, is to split the
City by Fund (General, Sewer Enterprise and Water Enterprise).
New residential starts in 2002 total 96. It was forecasted as 100 new
residential starts for 2002 during the budget preparations in the Fall of 2001.
The forecast was reduced to 75 for 2003 during preparation of the 2003
budget, based on remaining developed lots in the City, and a somewhat softer
new housing market.
A. Update on Fire Dept.: Chief Malmquist
(1) Fire Dept. Support Positions.
Chief Malmquist advised that the Fire Department has welcomed five new probationary
members: John Laatsch; Brian Hauyser; Lee Olson; Dan Levasseur and Bruce Cohen.
The addition of these new recruits will bring the Lake Elmo Fire Department up to its
complete membership of 31 firefighters.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003 5
M/S/P Dunn/DeLapp — to approve the five new probationary members: John Laatsch;
Brain Hauyser, Lee Olson; Dan Levasseur and Bruce Cohen. (Motion passed 5-0.)
(3) Support Services Position
Chief Malmquist advised that Bob Sherman has been providing volunteer services to the
Fire Department of a non -firefighting nature. This individual must be covered by the
City's liability insurance. To be insurable under the City's policy, the individual must be
compensated by the City in some manner for the services provided. The pay scale for
"Support Services" is proposed to be the Minimum Wage ($5.15/hour)-50% of the hourly
wage for a Firefighter and excluding all Firefighter Pension benefits.
Chief Malmquist prepared a proposed description for a position within the department
that describes the tasks that have been undertaken by the volunteer individual to date.
Malmquist noted that just the data entry tasks for the Support Services position would
provide significant relief to the Chief and Firefighter.
M/S/P DeLapp/Siedow — to approve the position description of Support Services for the
Fire Department, appoint Bob Sherman to the position of Support Services and authorize
the Fire Chief to purchase such uniform gear as required to the Support Services position.
(Motion passed 5-0).
B.(1) Update on Building Dept. Activities: Kevin Shoeberg —_Update on Complaints
Update on House at 8498 Hidden Bay: On February, 2002 Attorney Shoeberg reported
he worked out an agreement. The property owner entered into a contract with a
contractor for improvements. The contractor took the property owner's money and didn't
do the improvements. Now, the contractor filed bankruptcy and the property owner is out
the $70,000 and the project is not completed. Shoeberg said he didn't feel it was
appropriate to prosecute the property owner. He will work with the attorney to determine
if criminal charges will be brought against the contractor. At a minimum, Shoeberg
would like the contractor to finish the exterior.
Council member Johnston asked Attorney Shoeberg if he had any kind of estimation of
time when the envelope will be closed. Shoeberg responded unless the city wants to
write a check, he didn't know how we can force them to do the work. Building Official,
Jim McNamara, noted the current building permit expires in April. McNamara stated the
safety issue is a concern, and it is imperative that this exterior is buttoned up as soon as
possible.
M/S/P Siedow/Dunn - to direct Attorney Shoeberg to work with the property owners to
try to get the exterior closed up as fast as possible and that no interior work is done until
the outside is completed. Attorney Shoeberg will report back to council in one month.
(Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003
Update on House at 8961 37`1' Street: Jim McNamara reported he thought a report was
forthcoming on condemning this property. No one is living at the house, and the house
looks like its being use for storage. The house is not going up as tax forfeited. Staff will
look into if the house is being homestead. Shoeberg said he was looking for a mechanism
to get rid of the house.
M/S/P DeLapp/Johnston - to direct staff to pursue options for a recommended solution
and report back with a review in a month. (Motion passed 5-0.
8. CITY ENGINEER'S REPORT:
A. Ridge Park Grading Contract
The City Engineer reported last fall the Parks Department brought forward plans for
Ridge Park Grading Project in the Parkview Estates neighborhood. Since the City had
only a single bidder on the project during 2002, staff decided to re -bid the work in 2003.
The estimated cost of the project is $50,000.00. Ridge Park will serve Parkview Estates,
Cardinal Ridge and future residential development south of 15th Street. Council member
DeLapp asked that the City Engineer make sure this park is properly graded to keep the
drainage away from the houses.
M/S/P Dunn/Johnston - to authorize re -bidding of the 2002 CIP improvements to Ridge
Park, per plans prepared by the City Engineer. (Motion passed 5-0.)
B. Recommendation Speed Study: 50th Street North - Informational.
The City Engineer reported Mn/DOT completed the speed study for 50th Street North.
They took speed ratings on both the east and west ends of the street and recommended
lowering the speed limit on this street from 55 MPH to 40 MPH. MnDOT is allowing the
City to review and comment on this speed limit recommendation before it is approved.
C. State Highway 5 Street Lighting
Tom Prew provided a copy of an action plan for the City that would mitigate issues raised
by residents as to the lighting of State Highway 5 intersections. Residents had concerns
on the potential for accidents resulting from motorists attempting to turn off of State
Highway 5 onto the several intersection streets at night. Both the intersection street name
(from the signage) and the intersecting street geometry were difficult to see at night,
causing hesitation by motorists on a 55 MPH roadway with no protected left turns.
The City Planner reported that while 551h Street N. is completely within the City of Oak
Park Heights, the street serves Lake Elmo as much as it serves our neighboring city. He
recommended a light be installed even if Lake Elmo ends up paying the monthly
electricity charges. Dillerud also recommended a light be installed at State Highway 5
and Little Blue Stem (entrance to Fields 2). The total annual cost to the City for each
new light would be $166.20, or $665/year for the four intersections.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003 7
Tom Prew will look into the lighting at Fields of St. Croix 2"d Addition and come back
with a recommendation if the wattage should be increased or if a new head fixture is
needed.
M/S/P Siedow/Johnston — to direct the City Engineer and Acting Administrator to
proceed expediently with installation of new street lights, as recommended by the City
Engineer at 556 Street North/State Highway 5, Marquess Trail/State Highway 5, 50th
Street North/State Highway 5, and Little Blue Stem/State Highway 5. (Motion passed 4-
0: Council member Dunn had stepped out of the meeting when this vote was taken).
Tom Prew reported the cost to replace the signage in Lake Elmo along State Highway 5
would cost between $1400 to $2000 for good sheeting.
M/S/P Siedow/Johnston — to direct the City Engineer to replace the signage in Lake Elmo
along State Highway 5 with the best grade, more reflecting, larger, street signage.(Motion
passed 5-0.) .
M/S/P Johnston/DeLapp - to direct the City Engineer and Public Works to investigate
striping along the entrances along Highway 5 or an option for delineating the openings to
these developments and bring back a recommendation.(Motion passed 5-0)
The City Planner will send letters to Baytown, Oakdale and Oak Park Heights alerting
them what Lake Elmo is planning on doing,
9. PLANNING, LAND USE & ZONING:
A. I-94 Corridor Rezoning Action (GB to LB
Planner Dillerud recommended an interim development moratorium on GB zoned
property along I94. There is a conflict between the designation of the Moratorium Area
Parcels on the City's Comprehensive Plan and the designation of such parcels on the
City's Zoning Map. The conflict occurs as a result of a change in the City's
Comprehensive Plan. The development moratorium will continue for approximately 6
months.
It was noted during the discussion that if a property owner were to propose a change in
their land use during the moratorium that clearly was consistent with that direction of the
council and benefiting the city residents, that there would be no problem accepting an
application within the moratorium period.
The City Planner asked Sabrina Dolan, Dolan Boat Dealership, to have her broker contact
him with their concerns.
M/S/P DeLapp/Johnston - to follow the Planning Commission's recommendation to re -
solicit using the same basic RFP for rewriting the Lake Elmo zoning code. (Motion
passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003
M/S/P DeLapp/Johnston — to direct the staff to prepare an interim ordinance
implementing a development moratorium for a maximum of six months on GB (General
Business) properties along I-94 with the understanding that Dolan Marine's Broker
contact Planner Dillerud. (Motion passed 4-1 Siedow:He doesn't like moratoriums. A 6
month moratorium is too long and prevents property owners to do anything with their
land.).
10. CITY ATTORNEY'S REPORT:
A. Data Practices Procedure
The City Attorney provided a Data Practices Procedure that satisfies the state statutes.
M/S/P DeLapp/Johnston - to accept the Draft Data Practices Procedures Policy drafted by
the City Attorney and requests that he draft these procedures as a legal document and
includes a reasonable fee structure. (Motion passed 5-0.)
11. CITY ADMINISTRATOR'S REPORT:
A. Speed Limit Reduction — 25 MPH in Selected Neighborhoods.
Planner Dillerud reported he would use the GIS system to generate mailing list that are
specific to the neighborhoods actually impacted by the 25 MPH speed limit reduction.
Letters will be sent out the first week of February with a 30 day response to the concept.
M/S/P DeLapp/Johnston — to direct staff strategy, with the review of Tom Prew,
regarding notification of proposed speed limit modifications. (Motion passed 5-0).
B. Probation/Orientation Period Determination
The City Planner notified the Council that he had extended the probationary/orientation
period for Kimberly Schaffel from January 10, 2003 to January 21, 2003 and provided
the Council 10 days Notice of his recommendation regarding Ms. Schaffel' employee
status thereafter — Full Regular Employee.
M/S/P Johnston/Siedow — to promote Kimberly Schaffel to Regular Employee as
recommended by the Acting City Administrator. (Motion passed 56-'0).
C. Request for Traffic Control - Highlands Trail/Hytrail
Laurie Warner, 5640 Highlands Trail, submitted a letter advising the City of an observed
traffic control issue at the corner of Highlands Trail and Hytrail. Tom Prew reviewed the
intersection and determined it would be difficult to stop because of the hill and the stop
sign would be considered a nuisance stop sign causing people not to stop. He
recommended hearing impaired sign installed and an extra overhead light could be
looked into. Council member DeLapp asked if the street light policy could be adopted
before alight is added. This would determine if it is to the resident's benefit or the city's
benefit to have a light installed.
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003
M/S/P Dtmn/Siedow —to direct the staff to contact Laurie Warner, 5640 Highlands Trail,
and discuss the possibility of signage change. If the homeowner is supportive, Council
gave approval for public works to install the signs. (Motion passed 5-0).
M/S/P Johnston/DeLapp — to direct Tom Prew to bring to the Council the street Light
Policy. (Motion passed 5-0) Council member Dunn asked that different street light be
looked into.
C. Pay quity Point Assignments: This Comparable Worth System has been
used since Marilyn Banister served as Finance Director.
M/S/P Dunn/Siedow — to authorize the Acting City Administrator to submit the
Comparable Worth Pay Equity Implement Report, as presented. (Motion passed 5-0).
This will be revisited later in the year. .
12. CITY COUNCIL REPORTS:
Metropolitan Council Nomination Committee Hearings: The Council provided names
being considered for Metropolitan Council Board Members. The Lake Elmo Planning
Commission sent a letter in support of Tom Armstrong. Council member Dunn sent a
letter supporting Peg Larsen, from Lakeland.
Council Member Johnston indicated the proposal for the Community Improvement
Committee is still in process.
Adjourn 9:40 p.m.
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2003-007 Approving claims
LAKE ELMO CITY COUNCIL MINUTES JANUARY 21, 2003 10