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HomeMy WebLinkAbout05-20-03 CCMMayer: Lee Hunt Lake Elmo City Council Councilmembers: 3800 Laverne Avenue No. Steve DeLapp Tuesday Lake Elmo, MN55042 Susan Dunn 777-5510 777-9615 (fax) Dean Johnston May 20, 2003 Chuck Siedow 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. Agenda City Council Meeting Convenes 7:00 PM Pledge of Allegiance 1. Agenda 2. Minutes March 27, 2003 May 6, 2003 3. PUBLIC INOUIRIES/INFORMATIONAL: Public Inquiries/Informational is an opportunity for citizens to bring the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and 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 motion A• under a Consent Calendar format. There will be no 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 Tom Bouthilet A. Resolution 2003-043 Approving Claims 6. NEW BUSINESS A. 7. MAINTENANCE/PARK/FIREBUILDING: A. Parks Dept: Summer Help B. Update on Fire Dept. Activities: Chief Malmquist C. Update on Building Dept. Activities: Jim McNamara; Update on Bodziak Property Lake Elmo City Council Agenda May 20, 2003 Paee 2 8. CITY ENGINEER'S REPORT: Tom Prew A. Receive Hill Trail Feasibility Report and Order Public Hearing B. VFW Ball field Lights — Authorize Soliciting Quotes by Electrical Contractor 9. PLANNING, LAND USE & ZONING: C. Dillerud A. PUD Concept Plan - Prairie Ridge Office Park B. Old Village Plan Schedule 10. CITY ATTORNEY'S REPORT: J. Filla A. Conceal and Carry Gun Law 11. CITY ADMINISTRATOR'S REPORT: C.Dillerud A. Fire Chief Cell Phone Service B. Update on Library Service C. City Administrator 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow MINUTES APPROVED: May 20, 2003 LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 1. AGENDA 2. MINUTES: March 27, 2003 (Postponed) April 15, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Lake Elmo Library C. Ridge Park - Parkview D. Madden Firm Investigative Report (Moved to end of agenda) E. Hearing: Mary Kueffner (Moved to end of agenda) 4. CONSENT AGENDA A. Resolution No. 2003-035 Approving Partial Payment to Tower Asphalt: Eagle Point Phase 1 5. FINANCE: A. Resolution No. 2003-038: Approving Claims 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Parks Dept. Summer Help (Verbal) POSTPONED CITY ENGINEER'S REPORT: A. Highlands Trail Design Options B. Update on Hill Trail Open House C. Resolution No. 2003-036 Awarding Bid for Street Patching D. Resolution No. 2003-037: Awarding Bid for Fire Station Exterior Repairs 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2003-039:Shoreland Zoning Variance: Gustafson B. Resolution No. 2003-040:OP Development Stage/CUP/Preliminary Plat: Whistling Valley C. Resolution No. 2003-041:Klondike Avenue Street Sign D. Zoning Ordinance Consultant 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Resolution No. 2003-042 Waiver of Maximum Accrued Vacation B. Update on 511 Deadline for Bodziak Property C. Dog Ordinance D. Building Inspector/Water Technician Position E.. City Administrator Status 12. CITY COUNCIL REPORTS: Mayor Hunt called the Council meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Hunt, Siedow, Durm, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official Jim McNamara, and Acting Administrator/Planner Dillerud. LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 1. AGENDA M/S/P DeLapp/Siedow — to approve the May 6, 2003 Council agenda, as amended. (Motion passed 5-0). 2. MINUTES: March 27, 2003 Council member Johnston commented that it appeared to him that the amended minutes were greatly changed from the previous meeting and wanted to review the original draft minutes. M/S/P Johnston/Siedow — to table the March 27, 2003 Council Minutes until the May 20 Council meeting. (Motion passed 4-1:DeLapp:The amended minutes reflected the addition/deletions that were requested) April 15, 2003 M/S/P Johnston/Siedow — to approve the April 15, 2003 City Council Minutes, as amended. (Motion passed 5-0.) 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Public Inquiries B. Lake Elmo Library Floods Again Wyn John and Gloria Knoblauch, Lake Elmo Library Committee members, reported the Washington County Library Board voted to terminate the library's lease and investigate new rental space in the city. The library must give the landlord 60-days notice to terminate the lease. The building space the county currently rents for the library is more than 100 years old and pays a rental fee of $5.32 per square foot, which is about one third the rental costs at other downtown locations. Mr. John requested the council provide finance, approximately $5,000, to pay for what is needed for the remainder of the year for a new location. John asked that the Council discuss at budget time placing this expenditure (approximately $10,000) in the budget. The Council pledged to work with the library board, agreed with the need to keep the Lake Elmo library open, and supported the increased expenditures. M/S/P Siedow/DeLapp - to empower the staff and Mayor to talk to the Washington County Library Board Chair as to what conditions would keep the library open and pass along the idea of some financial participation and inform the ad hoc library committee of the results of the discussion. The Council authorized expenditure up to $5,000 to subsidize payment for the remainder of the year for a new location and will discuss contribution for expenditures at budget time. (Motion passed 5-0.) C. Ridge Park - Parkview Estates: Steve Wortman provided a ball field petition requesting the need for more details about the proposed ball field. The Cormcil suggested the residents meet with the Parks Commission to talk about what the plans are for Ridge Park. LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 M/S/P Siedow/DeLapp — to direct the parks commission to schedule a meeting on May 19th with residents of Parkview Estates and Cardinal Ridge to review the plan for Ridge Park. (Motion passed 5-0.) A. Madden Firm Investigative Report (Moved to the end of the Meetinel B. Hearing: Mary Kueffner (Moved to the end of the Meeting) 4. CONSENT AGENDA A. Resolution No. 2003-035 Approving Partial Payment to Tower Asphalt: Eagle Point Phase 1 The City Engineer reported work was completed last fall by Tower Asphalt, but they only recently submitted the quantities for the work. United Properties has asked the City to complete the final lift of bituminous this spring, and Tower Asphalt is currently prepared to do the work. The City Engineer recommends approval of Partial Payment Certificate No. 4 in the amount of $58,974.62 to Tower Asphalt. M/S/P DeLapp/Johnston - to adopt Resolution No. 2003-035 Approving Partial Payment No. 4 to Tower Asphalt in the amount of $58,974.62 for Eagle Point Boulevard Phase I, as recommended by the City Engineer in his memo dated May 1, 2003. (Motion passed 5-0). 5. FINANCE: A. Resolution No. 2003-038: Approving Claims M/S/P DeLapp/Johnston - to adopt Resolution No. 2003-038 Approving Claim Numbers 142, 143, 23585 through 23629, were used for Fire Deputy/Staff payroll dated April 17, 2003, Claim Numbers 144, 145, 223631 through 23646 were used for Staff Payroll dated May 1, 2003 and Claim Numbers 23647 through 23702 in the total amount of $99,655.22. (Motion passed 5-0). 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Parks Dept. Summer Help POSTPONED until May 20`h Meeting B. Building Dew Bodziak Property pdate: Jim McNamara reported Attorney Shoeberg was to meet with the property owners. The carpenters in place are licensed by the state. There is new felt placed on the roof as he witnessed today. The contractor's intent to have the roof, windows and siding finished in 22 days ... June l't. A progress report will be given at the next meeting. LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 Highlands Septic Concern Jim McNamara reported the septic systems are operating properly. We had a bad winter and had to change zones in one of the systems to alleviate the problem. Now repaired, the first zoned system is working properly. McNamara altered the public if they hear an alarm; they should call the homeowner because they are not city alarms. Carriage Station There have been complaints about smells along 50th Street. Jim McNamara talked to the system designer and developer, and the system is not complete ... the drain field section. There was a delay to road limits to get the contractor back in, but the contractor will be back next week. Hilyar House — Attorney Shoeberg is drawing up papers for hazardous declaration. 8. CITY ENGINEER'S REPORT: A. Highlands Trail Design Options The City Council directed the City Engineer to look at Highlands Trail to see if there is any traffic calming tools the City could use to encourage drivers to slow down. The Council asked that the residents on Highlands Trail be sent a council agenda when this item will be discussed. The City Engineer summarized his report. Mayor Hunt read a letter from Charles Anastasi, 5850 Highlands Trail, indicating their review of Highlands Trail. Debbie Dean, 8028 Hill Trail N., stated the stop sign doesn't solve the traffic slowing down to Hwy 36. She doesn't see Highlands Trail as very busy. She does see the park is used a lot. She suggested placing speed limit signs and pointed out the second speed limit sign is not visible because of a tree branch closing it off. Dean asked if a study was done on the speed limit, the number of cars use the road, before the City placed the stop sign. She asked why a 25 mph speed limit sign can't be placed on this road. The City Engineer responded that traffic counts or speed study was not done on this road and that setting a 25 mph speed limit on Highlands Trail does not coincide with the city policy on road designation for 25 mph speed limits. Michael and Barbara Miller, 5810 Highlands Trail, stated traffic is not a big problem. They do walk and bike frequently. If the road was narrow, this would create a safety issue. If the trail was along the road, it would be good if the road was narrowed. The biggest problem in the wintertime would be to keep the trail open. Steve Hedrick, 5870 Highlands Trail, stated his house is the one that had a car in his yard. He said the traffic is not heavy, but it is fast. He had called the school transportation, but they were not responsive. He said he has seen patrol cars on occasion, but asked where the enforcement is. He was surprised as to how much money we are spending for this LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 solution when there is a budget crunch. The stop sign only stops traffic down to the lake. He suggests 4-way stop farther down or a 3-way stop at this intersection. Lew Schuweiler, 5890 Highlands Trail, concurred with Steve Hedrick who has lived their 18 years and felt speed is the issue and not the volume. He had a concern with the concept of a trail and having to deal with snowmobiles using the trail. Joe Baierl, 5875 Highlands Trail, said he has lived there 7 years and felt speed, not traffic volume, was the problem. Widening and narrowing of the street is not money well spent. Widening would change the character of the neighborhood. Reinforce the idea of a stop sign. Pat Dean suggested painting a bicycle trail on both sides and requested speed checks done by radar. Andy Schell, who has lived their 23 years, thought the traffic flow was no worse than in 1979. He said he hates the stop sign there and suggested placing it on 59`" street. You can't see the speed limit signs. Widening is an expensive item and not necessary. Mayor Hunt reiterated what he heard from the residents: 1. Speed is the problem not traffic volume. 2. The staff will talk to Washington County Deputy about enforcement. 3. Striping is a good idea. 4. Do not want to see the street narrowed or widen. 5. Place stop sign at 59t' street and Highlands. 6. Make sure the speed limit signs are visible. Council member Siedow would rather hold off on the stop signs and see how other suggestions work first. M/S/P Dunn/Siedow - to direct the staff to stripe the bike/walking paths and work with Tom Bouthilet to have visible speed limit signs at locations by adding or making them larger, obtain a traffic count, request the Deputy sheriff to come in with an enforcement plan periodically over the next 4 to 5 weeks. The staff will invite residents back in two months. (Motion passed 4-1:DeLapp - we have to have a package put together first, tacking one thing on to another doesn't determine what works or doesn't work, have to come up with a solution to make people want to drive slower.) M/S/P DeLapp/Johnston — to authorize the City Engineer to design and develop cost to place bump outs on 59th street, as appropriate, based on the City Engineer's suggestion and to consider planting a couple of trees. (Motion passed 5-0). M/S/P DeLapp/Siedow - to remove the new stop sign as part of the test once the striping is done and notify the people that had the issue. (Motion passed 3-2:Johnston-the stop sign was put in for a good reason. You have a baseline and you make adjustments. Talk to the people that live by that intersection who feel it is important, Dunn: she heard people say they need more stop signs.) LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 B. Update on Hill Trail Open House The City En�ineer reported that on April 29 2003, the Council and the residents of Hill Trail and 50 Street met to review the status of this project. Design options and financing scenarios were discussed. The consensus was to reconstruct the street rather than perform a mill and overlay. Prew estimated that reconstruction of the road would take between to and a three months to finish. The Council and residents felt there was a need to revise the current assessment policy to include a policy for streets which received a total reconstruction rather than just an overlay. M/S/P Johnston/Dunn - to adopt 2003-042 to direct the staff to prepare a Feasibility Report for the Hill Trail and 501h Street Reconstruction Project. (Motion passed 5-0). Pat Dean said he appreciated the open house and suggested the City Engineer look into tying this project with unit pricing with Washington County. He referred to the history of the road drafted by Budd Talcott as to what is exactly is under Hill Trail. Dean felt residents should not be asked to pay for a full new road. If it was done properly in the 1960s, they would only need to overlay a 9 ton road and be assessed $1200. He asked the Council to think about this when they discuss the assessment plan. Mark Hubenette 8160 Hill Trail N, stated the road does need some work, but not a total reconstruction. He thought an assessment of $2500 was too much money. The Council asked staff to research how other cities assess for reconstruction projects so they would have a base for comparison. C. Resolution No. 2003-036 Awarding Bid for Street Patching The City Engineer received the following two bids for street patching: Contractor Base Bid T.A. Schifsky and Sons $25,372.35 Tower Asphalt $28,950.00 M/S/P Dunn/Siedow - to adopt Resolution No. 2003-036, Awarding the Bid for Street Patching to T.A. Schifsky and Sons, the lowest bidder, in the amount of $25,372.34. (Motion passed 5-0). D. Resolution No. 2003-037: Awarding Bid for Fire Station Exterior Repairs The City Engineer received bids for exterior wall repairs for Fire Station No. 2 and recommended entering into a contact with the low bidder, Acme Tuckpointing Co. M/S/P DeLapp/Dunn - to adopt Resolution No. 2003-037, Awarding the Bid for Exterior Wall Repairs for Fire Station No. 2 with Acme Tuckpointing Co., for their base bid of $35,500, Alternate 1 of $1,590 and Alternate 2 of $450 for a total bid of $37,540. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 9. PLANNING, LAND USE & ZONING: A. Resolution No. 2003-039:Shoreland Zoning Variance: Gustafson The City Planner reported the Planning Commission held a Public Hearing on April 14, 2003 and adopted a recommendation to approve a Shoreland Zoning Variance related to the applicants' proposal to remodel and expand the residence at 8120 Hill Trail North. The existing Gustafson home is located 90 feet from the Lake DeMontreville OHW. The majority of the home expansion would maintain that existing non -conforming 90 foot setback (100 foot standard) and 84 feet for the cantilevered deck. M/S/P Dunn/Johnston - to adopt Resolution No. 2003-039 approving a Shoreland Zoning Variance at 8120 Hill Trail North, based on the Findings and recommendation of the Planning Commission. (Motion passed 5-0). B. Resolution No. 2003-040:OP Development Stage/CUP/ P1at:Whistling Valley Preliminary The City Planner reported the Planning Commission adopted a recommendation to approve the several related applications for this residential plat of 19 building lots on a site of 58 gross acres on Findings of compliance with the approved Concept Plan as conditioned; and, subject to six conditions. The presented Development Stage Plan accurately responds to the lot count and Preserved Open Space of the ordinance. The Planner noted that the only issue of significance is that of the screening within the 100- foot west buffer area. The applicant explained they had been negotiating to acquire the adjacent land to the west for inclusion in the OP Project; and had not addressed the buffer screening with the application. As of April 14, the applicant advised the Commission that the negotiations had not met with success and a buffer screening plan would therefore be required and submitted with the Final Plat. The Parks Commission adopted a recommendation that Park Dedication be fees -in -lieu. M/S/P DeLapp/Johnston - to adopt Resolution No. 2003-040, approving the OP Development Stage Plan, Preliminary Plat and Conditional Use Permit of "Whistling Valley", based on the Findings and subject to the conditions recommended by the Planning Commission. (Motion passed 5-0). C. Resolution No. 2003-041:Klondike Avenue Street Sign As directed by the Council, the staff mailed letters to nine property owners/residents along Klondike Avenue advising them of a request that has come to the Council to remove the recently installed Klondike Avenue street sign facing westbound traffic on State Highway 5. The eastbound sign that has been in place for a long time would remain. Seven of the nine respondents didn't care whether the sign was removed or remained. The fifth responded advised that he would want the sign to remain. Three of the five respondents noted that the 55 MPH speed limit and lack of a protected left turn lane from State Highway 5 was a far greater safety issue than whether or north there was a Klondike sign on Highway 5, LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 M/S/P Dunn/Siedow - to adopt Resolution No. 2003-041, as amended (ADD: Whereas the vast majority of the residents advised the City that they have no objection to this sign removal) and send resolution to Rick Arnebeck, MnDOT. (Motion passed 5-0.) D. Zoning Ordinance Consultant The City Planner was directed by the Council to negotiate with each of the two finalist consulting firms proposing to prepare a new zoning ordinance for the City. There was concern on both staff and the Council with the apparent lack of experience by both finalist firms regarding Performance Zoning and Transfer of Development Rights (TDR) M/S/P DeLapp/Johnston - to direct the Acting City Administrator and Mayor to execute a contract for professional services with the firm TKDA for preparation of a new zoning ordinance responsive to the amended proposal of the firm dated April 24, 2003. Said contact to include the "Intermediate Services" option proposed by Lane Kendig, Inc. by its proposal of April 21, 2003. The total not to exceed fee for the services of both firms shall be $46,730 with the city attorney's support. (Motion passed 5-0). 10. CITY ATTORNEY'S REPORT: The Abby Grenfell lawsuit has been settled. 11. CITY ADMINISTRATOR'S REPORT: A. Waiver of Maximum Accrued Vacation The Acting City Administrator reported that the current short staffing situation has compounded a problem with senior employees accumulating vacation very rapidly. He offered for Council consideration a draft of an amendment to the Personnel Policy to straighten out the vacation accrual waiver clause and make the same consistent with that of most cities. Council member Siedow asked if the City could pay the additional hours rather than accruing additional time. The Acting Administrator responded vacation is intended for time off, but he would raise this question with Springsted. M/S/P DeLapp/Johnston - to adopt Resolution No. 2003-043, amending the Personnel Policy to allow the City Administrator to waive the 240 hour vacation maximum for good cause on a case -by -case basis. (Motion passed 5-0). B. Dog Ordinance The Acting City Administrator met with Kathi Pelnar and Attorney Filla on this issue. In this review they found our ordinance is good in response to the state statute and recommended no modifications to the ordinance. Mayor Hunt said he was not comfortable relying on invisible fencing and asked that staff keep this item on project list. Dillerud asked for Council direction. M/S/P DeLapp/Dunn - to contact the League of Minnesota Cities for information on dog containment, physical restraint, and fencing. (Motion passed 5-0.) LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 C. Building Inspector/Water Technician Position The Acting Administrator asked for authorization to create a position for a Building Inspector/Water Technician. This position would replace the current part time contract Building Inspector position and incorporate the Water Enterprise Fund duties of the new vacant Public Works Heavy Equipment Operator position. This position will be submitted to Springsted to have them place into the correct form for job description. The initial solicitation of applications for this position will be internal to City regular and contract employees only. Should no qualified internal applicants appear, the position solicitation will be advertised to the public. M/S/P DeLapp/Johnston - to submit the Building Inspector/Water Technician position description to Springsted to be placed into a formal job description and to authorize the creation of the position of Building Inspector/Water Technician, supervised by the Building Official and funded 50% Building Department/40% Water Enterprise Fund. The Pay Plan salary range for the position to be $3,016 to $3,898 per month ($14.50 to $18.75 per hour). (Motion passed 5-0). D. Madden Firm Investigative Report Attorney Filla explained the summary contains a fair amount of personnel data, some of which is classified as non public. If the Council wanted to talk about the report in generalities and not about specifics of the allegations or the result of the investigation, it can talk about it in public Council member Johnston asked the attorney what they need to do to make the conclusion public. Filla responded that the Minnesota data practices law prevented the Council from releasing any portion of the report to the public. The City could send the Madden report to the State's Commissioner of Administration for clarification of what is public or private. Once the Commission of Administration has made a determination, everybody's protected. Attorney Filla reported that both the Washington County Attorney's office and the Sheriff's Department concluded that no criminal action has occurred and the Madden Report was not a criminal investigation. The cost of Madden report was $8,000 to investigate Abby Grenfell's' allegations of improper activity in City Hall. M/S/P Johnston/Siedow - to call an executive session to discuss the Madden Firm Investigative Report. (Motion passed 5-0) The reasons for a closed meeting are conditions per Minnesota Statutes Section 13.43 and in Attorney Filla's opinion are that much of the information in the Madden report is classified non-public at this point. M/S/P Siedow/Dunn — to close the Executive session and reopen the City Council meeting. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 5. Mary stated early last year there was a meeting called to discuss "Personnel Issues." The Council members that called the meeting said nothing specific, but the majority of the Council was ready to dismiss her at their next meeting. She said she had to make phone calls to find out what was going on. She found out she was being accused of encouraging Terry Berg to quit. Mary said she did not encourage Ms. Berg to quit. 6. Mary stated the Mayor suggested the use of Sand Creek and a simple majority of the Council agreed. Derogatory comments made by Council member DeLapp and former Council member Armstrong have occurred at many meetings since that effort. Mary stated she still doesn't know to this day what she did, but it must have been a "doozy". 7. Mary stated at one point, very close to the end of the 2002, she received an email from the Mayor apologizing for the way she had been treated by Armstrong, and said it was just a short time until the new council took office, when everything would change to the better. Mayor also suggested that she refrain from attending the last two council meetings to avoid conflict with DeLapp and Armstrong. 8. Mary stated a closed executive session was called for December 19, 2002 to discuss "The ongoing criminal investigation and review of non-public data." Mary stated no one is willing to explain to her satisfaction what that means. She was not allowed to attend that meeting, but have been assured on several occasions that an explanation was forthcoming from Mr. Shoeberg. To date, she has not received that explanation. Following this closed session, a "regular" meeting was convened at which the former finance director and she were terminated. 9. Mary stated what she thought was support from the Mayor over this past year or so, she can only wonder what happened between the time he sent her the apology email and December 19 and no one wants to tell her. 10. Mary stated the Council, most of them meaning well, encouraged all employees to contact them directly if there was anything they wanted to talk about. Mary said the Council chose to usurp her authority as the city administrator, and it was the straw the broke the camel's back. 11. Mary stated she has found it almost beyond comprehension that the Council has put any credence in the complaints of a new employee, who had no municipal experience, who has a public history of suing her former employer, and one chosen by the two members that have tried to have her removed from her City Administrator position. LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 11 12. She said she is very sorry that the Council chose to take the action it did ... meaning open public meetings to disseus her job performance. She said she may not have many rights, but she did have the right to choose between open and closed sessions. By the time the Council got around to asking her if she wanted the meetings closed, articles had appeared in at least four newspapers. So much for confidentiality, and so much any chance of obtaining another job in local government. 13. Mary stated there has been much discussion on the Sand Creek Evaluation. That evaluation was made public without a concern for the privacy that she felt she deserved. Yet, she has asked for a copy of the Madden Report, and it is her understanding that some, part, most, or all of the information included in this report is private data. She said she had nothing to hide and has done nothing wrong. She has gotten pay increases and merit increases. This told her something was going right. 14. Mary said she would like to add, that in spite of what some of the Council have been told; she did not assist Council member Johnston with his campaign. She did not start the $40,000 rumor, and it was not a ploy to discredit Mr. DeLapp. She said she does believe he knows how this very unfortunate incident started, but doubt very much that he will ever admit it. She said she was very distressed that Council member DeLapp found the need to provide erroneous information to the investigating officer regarding her divorce and her foster care business. For the record, and this is public information, she had an administrative divorce, which means that we were able to divide our personal property without an attorney, and it was submitted to a Washington County judge and signed. The Social Service Department of Washington County is prepared to testify that she has NOT had any problems with her foster care business with either the State or Washington County. In her opinion, that was insulting and untrue, but more important; it is her own personal business and not that of Mr. DeLapp. Mary explained she tried to make this response brief, but wanted the Council to know that there is much more information she could have provided relating to the year long witch hunt. She said she was disappointed in the process the City took to get her fired and called it a witch hunt because she felt that's exactly what it was. In her opinion the Council humiliated her and has taken away any chance of her getting a job around here. Mary added that the Council has to understand what it has done to her both emotionally and professionally. Now, she understands the Council has to do what they have to do, and she understands what she has to do because her rights have been violated. This part of the hearing was closed. Council discussion followed: Council member Dunn stated she thought Mary was a wonderful, honest person, committed to the City for many years. The Madden report has stated there have been no wrongdoings done by the employees and that is not an issue here. She said perhaps the LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 12 Council may have overworked their administrator and created the problem themselves and need to improve on that position. She said she would support Mary's reinstatement as administrator. Council member Siedow agreed with the vast majority that Mary has stated. He felt the damage that has been done may not be repairable. He said Mary had trouble doing her job because of the minefield laid out in front of her. The majority wasn't her shortcomings, but the roadblocks put in front of her. He didn't think bringing her back as an administrator was a smart thing to do. He would support her coming back in another position with compliant wage. He noted that the comments made by Rose Armstrong at some council meetings were unbelievable, and that Council member DeLapp was in her corner, but was not the ring leader. Mayor Hunt stated he needed to stick by his reasoning that the City needs a change and stronger leadership. Denise Schneider, 4276 Kindred Way, said she had contact with Mary Kueffner three times on different subject matters... election, land use ... and twice she was friendly, but once she wasn't very friendly and stressed, but was helpful and had a lot of information. Council member Johnston stated the city administrator is not a city manger. We are looking for someone to take direction from the Council and implement it as reliably as possible with the resources available. If he looks at Mary's performance as city administrator, she has 10 years consecutive with no employee lawsuits, 11 years without an unsatisfactory performance review, and she has 11 years with raises that would be consistent with that satisfactory performance. The Council was complimentary of the audit report that described her last year in office. When Mr. Buckles' termination was discussed, the human resource records were complete, accurate, and supportive. We have a clear 10 year record of success and good performance. He opposes termination... city employees out to be treated fairly. He has a concern the way it's been conducted. The city could face a potential lawsuit from one-half million dollars to a million dollars. He didn't think Mary was treated fairly. If there is a concern with employee performance, there are ways to deal with this professionally and ethically. He supported Mary be brought back as city administrator. Mayor Hunt indicated the council has offered to work with Kueffner on finding a job with the City, other than administrator. Mary said she will have to check on her options. LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 13 E. City Administrator's Status The Acting Administrator talked to Springsted who said an executive search would cost between $12,000415,000. Internal candidates should be compared to external candidates. Council member Dunn said she would not vote to spend $15-$20,000 to find an administrator when we have one here. Mayor Hunt had no problem with the Acting Administrator bringing in other research firms to the next meeting. A suggestion was to check with Oak Park Heights on their search for an Administrator. This item will be on the next Council agenda. Adjourn meeting at 11:15 pm. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-035 Approving Partial Payment, Tower Asphalt Eagle Point Phase 1 Resolution No. 2003-036 Awarding Bid for Street Patching Resolution No. 2003-037 Awarding Bid for Fire Station Exterior Repairs Resolution No. 2003-038 Approving Claims Resolution No. 2003-039 Shoreland Zoning Variance -Gustafson Resolution No. 2003-040 OP Development Stage/CUP/Preliminary P1at:Whistling Valley Resolution No. 2003-041 Klondike Avenue Street Sign Resolution No. 2003-043 Waiver of Maximum Accrued Vacation b�{1— � �i,b lik� 3,11vzr LAKE ELMO CITY COUNCIL MINUTES MAY 6, 2003 14