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Home My WebLink About05-06-03 CCMMayor: Lee Hunt Councilmembers: Steve DeLapp Susan Dunn Dean Johnston Chuck Siedow Lake Elmo Tuesday May 6, 2003 City Council MM Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615 (fax) 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 April 15, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: 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. Madden Firm Investigative Report address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for C. Hearing: Mary Kueffner 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. Resolution 2003-035 Approving Partial motion under a Consent Calendar format. There will be no Payment to Tower Asphalt:Eagle Point Phase 1 separate discussion of these items unless a Council member so B. 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 2003-038 Approving Claims 6. NEW BUSINESS A. 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept: Summer Help (Verbal) Lake Elmo City Council Agenda May 6, 2003 Pane 8. CITY ENGINEER'S REPORT: Tom Prew A. Highlands Trail Design Options B. Update on Hill Trail Open House C. Resolution 2003-036 Awarding Bid for Street Patching D. Resolution 2003- 037 Awarding Bid for Fire Station Exterior Repairs (Handed out at Meeting) 9. PLANNING, LAND USE & ZONING: C. Dillerud 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: J. Filla A. 11. CITY ADMINISTRATOR'S REPORT: C.Dillerud A. Waiver of Maximum Accrued Vacation B. Update on 5/1 Deadline for Bodziak Property (Verbal) C. Dog Ordinance D. Building Inspector/Water Technician Position E. City Administrator Status 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow May's BOARD OF REVIEW 4-6 p.m. CITY OF LAKE ELMO Phone: 651.777-5510 City of Lake Elmo Fax:651-777-9615 3800 Laverne Avenue North / Lake Elmo, Minnesota 55042 LAKE ELMO CITY COUNCIL MEETINGS TUESDAY, APRIL 29, 2003 4:30 P.M. LAKE ELMO CITY HALL CLOSED EXECUTIVE SESSION: Grenfell Litigation 5:30 P.M. to 7:00 P.M. THE LAKE ELMO CITY COUNCIL AND CITY ENGINEER WILL HOLD AN OPEN HOUSE TO REVIEW THE PROPOSED ASSESSMENT AND RECONSTRUCTION OPTIONS OF HILL TRAIL N. AND 50TH STREET. 7:00 P.M. CLOSED EXECUTIVE SESSION: MET COUNCIL LITIGATION ®A printed on recycled paper Mayer: Lee Hunt Lake Elmo City Council Councilmembers: Steve DeLapp Tuesday Susan Dunn Dean Johnston April 15 2003 Chuck Siedow 9 3800 Laverne Avenue No. Lake Elmo, MN 55042 777-5510 777-9615(fax) 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 18, 2003CC April 1, 2003CC March 27, 2003Special CC April 8, 2003Special CC 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 A. Fire Dept.:Introduction and Presentation of New Firefighters address for the record, and a brief summary of the specific item B. 2020 Comprehensive Plan — being addressed to the Council. To allow adequate time for Metropolitan Council each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written C. Madden Firm Investigative Report documents may be distributed to the Council prior to the meeting or as bench copies, to allow a more timely presentation. D. Hearing: Mary Kueffner 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. motion 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 2003-031 Approving claims 6. NEW BUSINESS A. Sponsorship Request by ArtReach Alliance B. Membership Renewal to St.Croix Valley Regional Tourism Alliance Lake Elmo City Council Agenda April 15, 2003 Pam 2 7. MAINTENANCE/PARK/FIREBUILDING: A. Parks Dept: Summer Help B. Sand Box Fill C. Temporary Employee — Street Sweeping D. Update on Building Dept. Activities: Jim McNamara 8. CITY ENGINEER'S REPORT: Tom Prew A. Escrow Reduction: Little Bluestein at the Fields B. Award of 2003 Street Crack Sealing and Sealcoating Contracts C. Update on Hill Trail 9. PLANNING, LAND USE & ZONING: C. Dillerud A. Moratorium for the Old Village Area 10. CITY ATTORNEY'S REPORT: J. Filla A. It. CITY ADMINISTRATOR'S REPORT: A. Organizational/Compensation C.Dillerud Consultant Services B. Dog Ordinance 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow May 3`d CLEANUP DAY, 8-Noon, May 71h BOARD OF REVIEW 4-6 p.m. Washington County Fairgrounds MINUTES APPROVED: May 6, 2003 LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 1. AGENDA 2. MINUTES: March 18, 2003 April 1, 2003 March 27, 2003 April 8, 2003 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Fire Dept.: Introduction and Presentation of New Firefighters B. 2020 Comprehensive Plan —Metropolitan Council C. Madden Firm Investigative Report D. Stop Sign at Highlands Trail/Hightail Intersection 4. CONSENT AGENDA 5. FINANCE: A. Resolution 2003-031 Approving Claims 6. NEW BUSINESS: A. Sponsorship Request by ArtReach Alliance B. Membership Renewal to St.Croix Valley Regional Tourism Alliance 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Parks Dept.: Summer Help B. Sand Box Fill C. Temporary Employee — Street Sweeping D. Update on Building Dept. Activities: Jim McNamara 8. CITY ENGINEER'S REPORT: A. Escrow Reduction:Little Bluestein at the Fields B. Award of 2003 Street Crack Sealing and Seal Coating Contracts C. Hill Trail North Street Improvement Project D. Highlands Trail Mound System E. Klondike Avenue Street Sign 9. PLANNING, LAND USE & ZONING: A. Moratorium for the Old Village Area 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Organizational/Compensation Consultant Services B. Dog Ordinance C. Hearing: Mary Kueffner 12. CITY COUNCIL REPORTS: Mayor Hunt called the meeting to order at 7:00 p.m. in the Council Chambers: PRESENT: Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Building Official Jim McNamara and Acting Administrator/City Planner Dillerud. ABSENT: Council member Siedow LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 1. AGENDA ADD: 3C. The Madden Firm Investigative Report is not available, 3D. Stop Sign at Highlands Trail/Hytrail Intersection, 11C. Request by Ms. Kueffner to have her hearing date changed. 8. City Engineers Report: 8D. Mound System in Highlands Trail Area, 8E. Klondike Avenue Street Sign, 12. List of Old Business Items. M/S/P Dunn/Johnston — to approve the April 15, 2003 City Council agenda, as amended. (Motion passed 4-0.) 2. MINUTES: March 18, 2003 M/S/P Dunn/Johnston - to approve the March 18, 2003 City Council Minutes, as amended. (Motion passed 4-0). MINUTES: March 27, 2003 Council member DeLapp requested, and the Council approved, striking Attorney's Silverton's alleged allegations and character assassination of city employees. Mr. DeLapp requested his responding comments to Council member Johnston's remarks on Ms. Kueffner serving in another capacity for the City (page 5) be added to the minutes. M/S/P DeLapp/Johnston - to postpone the March 27, 2003 City Council Minutes until the May & Council Meeting. (Motion passed 4-0). MINUTES: April 1, 2003 M/S/P Johnston/Dunn - to approve the April 1, 2003 City Council Minutes, as amended. (Motion passed 3-1:DeLapp:He didn't believe the minutes on Agenda Item D. City Administrator was an accurate record of the proceedings.) MINUTES: April 8, 2003 M/S/P DeLapp/Johnston - to approve the April 8, 2003 City Council Minutes, as presented. (Motion passed 4-0). 3. PUBLIC INOUIRIES/INFORMATIONAL: A. Fire DeptAntroduction and Presentation of New Firefighters Fire Chief Malmquist introduced Bob Sherman, who has been a good asset to the department in his role assisting with important support functions. Assistant Chief Brad Winkels introduced Dave Peltier who has completed Fire Fighter 1 and new members Lee Olson, John Laatsch, Bruce Cohen. This would make a full compliment of 30 fulltime firefighters. Assistant Chief Doug Pepin introduced new members Brian Hauser, Dan LeVasseur, and Steve Rutkowski, Firefighter Chris Howard has returned to the department after being on a leave. B. 2020 Comprehensive Plan —Metropolitan Council Planner Dillerud reported on April 8, 2003 the Metropolitan Council Board unanimously approved the Findings, Resolution and List of Required modifications regarding Lake Elmo's 2020 Comprehensive Plan that had been approved by the "old" Board on LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 2 September 11, 2002. The only amendments made to the 2002 action included Resolution language recognizing Lake Elmo's concerns with maintaining rural character, and direction to the Chair and Regional Administrator to restart efforts to reach a settlement of these matters with the City that is satisfactory to both parties. The Record was closed and further statements from the Public were not entertained by the Met Council Chair. Mr. Dillerud indicated that he, and Mayor Hunt was invited by Chair Bell to meet with him, Regional Administrator Weaver, and District 12 Met Council Rep Georgecas for one hour on April 21 in this regard. Dick Knowlin, Attorney with Lindquist and Vennum, stated he was disappointed in the proceedings with the Met Council on April 801. The City's legal option at this point is to appeal the Met Council's decision to the Minnesota Court of Appeals. That appeal must be made within 30 days of April 8 and presentation of briefs and arguments would cost between $30,000 and $50,000. Mr. Knowlin stated the court of appeals is not supposed to give weight to the Met Council's decision that is typically given to an administrative body's decision. This was hotly debated by the Legislature in 1976. The record is full of information favorable to Lake Elmo's cause. As you consider what to do, Attorney Knowlin said, it needs to be very clear; if the Met Council prevails Lake Elmo will have to construct a sewer system. Lake Elmo would be looking at a project that would cost nearly $18 million. Council member Dunn said she was told by Met Council members that their recent decision to uphold Administrative Law Judge George Beck's opinion and the former council's decision was made on staff recommendation. Mayor Hunt added that is the same staff that advised the former Met Council. Mr. Knowlin said that starting this litigation does not preclude Lake Elmo from continuing discussions with the Met Council to try to reach a compromise. M/SIP DeLapp/Dunn - to direct the attorneys of Lindquist and Vennum to appeal the Met Council matter to the Court of Appeals; and direct the Mayor and Acting Administrator to attend the meeting with the Met Council on April 21. (Motion passed 4-0.) C. Madden Firm Investigative Report The Acting Administrator advised in mid -March that the report investigation and report being prepared for the City Council by the Madden Law Firm would be available by April 1, or more likely April 15. The City was recently notified that the Madden report will not be provided until April 23, 2003. D. Stop Sign at Highlands TraiUHytrail Intersection The Council asked the City Engineer to look into some options to redesign the road to control speed and to allow parking on both sides of the street as an alternative to the recently installed stop sign at Highlands Trail. This agenda item will be placed as a high priority on the May 6�' Council meeting. Residents in the area will be mailed an agenda. LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 4. CONSENT AGENDA 5. FINANCE: A. Resolution 2003-031 Approving Claims M/S/P Dunn/DeLapp -to adopt Resolution No. 2003-031 approving Claim Numbers 139, 140, 23519 through 23535 that were used for Staff Payroll dated April 3, 2003 and Claim Numbers 141, 23537 through 23584 were used for Accounts Payable dated April 16, 2003 in the total amount of $92,430.05. (Motion passed 4-0). M/S/P Dunn/DeLapp - to adopt Resolution No. 2003-034 approving Claim Number 23630 for Planning Commission Training Seminar issued to Government Training Serviced in the total amount of $749.00. (Motion passed 4-0). 6. NEW BUSINESS: A. Sponsorship Request by ArtReach Alliance M/S/P Johnston/DeLapp — to send a letter acknowledging request and decline request of sponsorship to ArtReach Alliance. (Motion passed 4-0.) B. Membership Renewal to St.Croix Valley Regional Tourism Alliance M/S/P Dunn/Johnston — to send a letter acknowledging request and to decline request for membership renewal to St. Croix Valley Regional Tourism Alliance. (Motion passed 4- 0). 7. MAINTENANCE/PARIC/FIRE/BUILDING: A. Parks Dept.:Summer Help The Parks Supervisor recommended hiring two returning employees for summer Park Department help: Michael Wagner and William Leary at $10.00/Hr. The department will also place an ad for new summer employee and will present a recommendation at a later date. All summer help is budgeted and monitored to stay within budget. M/S/P Dunn/ Johnston - to authorize the Park Superintendent to hire Michael Wagner and William Leary as Temporary Part Time summer parks maintenance employees at rate of $10/Hr and advertise for third temporary part-time summer parks employee. (Motion passed 4-0.) B. Sand Box Fill In the past when the Lake Elmo Jaycees had a fundraising sand box fill, the city would pick up the sand for them. This year the Jaycees will not be doing the fundraiser, but Christ Lutheran Church will be. The Church is asking the Public Works to pickup the one truckload of sand. LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 4 M/S/P Dunn/DeLapp — to grant participation by the City in the annual sand box fill event in cooperation with Christ Lutheran Church. (Motion passed 4-0.) C. Temporary Employee — Street Sweeping The Acting Public Works Superintendent advised that the City's street sweeper has been serviced, and the annual spring street cleaning should be commenced. He proposed the City hire an experienced sweeping machine operator, as a temporary full time employee for only the 3-5 weeks required to complete street sweeping. He checked references and licenses of Jerome Smekofske, who has retired from the City of Circle Pines, and recommends hiring Mr. Smekofske. M/S/P DeLapp/Johnston — to authorize the City to retain the services of Jerome Smekofske as an Occasional Employee in the Public Works Department to assist with street sweeping at a rate of $16/Hour. (Motion passed 4-0.) D. Update on Building Dent. Activities: Jim McNamara Jim McNamara reported that the Hudson Blvd office condos are up and in the finishing process. The hotel is progressing. They did change some of the parking lots lights, but will change out completely with shielding before an occupancy permit is provided for the hotel. The Council was provided a letter dated March 19, 2003 from the Dept. of Administrator of the Building Code and Standards Division with recommendations after conducting an administrative review of the City's Building Inspection Department. The Acting Administrator will be writing Mr. Greg Karow, Building Code Rep., a rebuttal to his recommendations. The Building Official reported that Attorney Shoeberg talked to Bodziak's attorney and there is a slight movement, but does not know when that someone will finish the exterior. At this point nothing has been done and May ls` is the deadline. Attorney Shoeberg said he has options open to him and intends to use them. There are income tax liens against the Hilyar property, and Attorney Shoeberg will contact lien holders and see if there could be a resolution. Trees at Pebble Park Parks Supervisor Mike Bouthilet said the trees that have fallen down will be replaced at Pebble Park. LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 S. CITY ENGINEER'S REPORT: A. Escrow Reduction: Little Bluestem at the Fields In his April 7, 2003 letter, Tom Prew recommends reduction of the Plat security for the Little Bluestem townhouse project to reflect infrastructure work that has been completed and inspected. The original security amount of $153,665 was reduced to $78,125. The City Engineer recommends that the City's security be further reduced to $43,125. The City Administrative Fee for this project was paid in full prior to plat release. M/S/P Dwm/DeLapp — to reduce the Development Agreement security for the Little Bluestem at Fields (LC #6872-1202-DI) from $78,125 to $43,125, based on the report and recommendation of the City Engineer of April 7, 2003. (Motion passed 4-0). B. Award of 2003 Street Crack Sealing and Seal Coating Contracts The City received bids for 2003 street crack sealing responsive to the City Engineer's plans and solicitation on April 4, 2003. The low bid was received from Northwest Asphalt Maintenance, Inc.; and, the City Engineer recommends awarding the contract to that firm in the amount of $6,828. M/S/P DeLapp/Johnston — to adopt Resolution No. 2003-032 awarding the 2003 crack sealing contract to Northwest Asphalt Maintenance, Inc. as the lowest responsible bid in the amount of $6,828. (Motion passed 4-0.) The City opened bids for the 2003 Seal Coating project on April 4, 2003 responsive to the City Engineer's plans and bid solicitation. The City Engineer recommended awarding the contract to the lowest responsible bidder, Allied Blacktop Co., Inc. in an amount of $128,835. M/S/P DeLapp/Johnston — to adopt Resolution No. 2003-033 awarding the 2003 seal coating contact to Allied Blacktop Co„ Inc. as the lowest responsible bidder in the amount of $128,835. (Motion passed 4-0). C. Hill Trail North Street Improvement Project The City Engineer and Acting Administrator revisited the Hill Trail and 501h Street Improvement Project. The City considered doing an overlay project on the streets a few years ago, but the residents were not in favor of the project. The Council asked that the project be reviewed closer. Tom Prew explained that a cost estimate was developed for doing a complete reconstruction and also performing a less costly reclaim and overlay. I1 was determined that a simple overlay would not adequately address the street or drainage problems in this area. Scott Renne, appraiser, looked at the neighborhood to see how much the property values would increase as a result of an improvement project. His estimate was $2,500 per site. LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 6 Our current assessment rate is $1,198.00 for properties in this neighborhood. The assessment policy would need to be modified in order to assess the project at the higher rate. The Council will schedule a meeting with the residents to discuss milling and complete reconstruction projects. The two assessment options will be discussed. The City Engineer will collect the issues and summarize some of the drainage issues. M/S/P Dunn/Johnston — for the Council and City Engineer to hold an Open House to review with the residents the proposed assessment and reconstruction options for the Hill Trail Project on Tuesday, April 29, 2003 from 5:30 to 7 pm. at city hall. (Motion passed 4-0.) D. Highlands Trail Mound System Mayor Hunt noted that he was alerted of the alarm going off on the mound system at Highlands Trail and sewage bubbling out. Mike Bouthilet responded that last fall it was a control issue and the alarm was disabled. The homeowners are aware the City does know about the problem. The Acting Administrator will have Jim McNamara check out the system. The Council will receive a report from staff on this issue. E. Klondike Avenue Street Sign A large Klondike Avenue street sign has been erected on State Highway 5 — facing the westbound traffic. A similar sign for eastbound traffic has been in place for some time. These signs are installed by MnDot. Council member Dunn indicated she left a message with Dick Arnebeck, MnDot, regarding removing the new westbound Klondike Avenue street sign, but leave the eastbound sign in place. Klondike Avenue is a dirt road and serves a limited number of houses. The City wants to minimize the signs and this is outside the safety project corridor. M/S/P DeLapp/Dunn — to request that MnDot removed the new westbound Klondike Avenue Street sign because Klondike Avenue is a dirt road and serves a limited number of houses. The City wants to minimize signs, and this sign is outside the safety project corridor. (Motion passed 4-0). 9. PLANNING, LAND USE & ZONING: A. Moratorium for the Old Village Area Mayor Hunt explained it is the City's intention to coordinate the development around the Old Village area and not to have piecemeal development. In order to accomplish a more urban area with houses closer together and businesses mixed, the City needs to have a master plan that would map out stormwater ponding, constructive wetland treatment systems or similar, and future roads. Hunt stated we have no intent to allow development in the Old Village that is not connected to City water. LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 7 Council member Johnston stated he didn't like moratoriums unless there is a compelling cause, and he hasn't been convinced of that cause. Attorney Filla stated the Council should not feel squeamish about adopting the moratorium if it is in the best interest of the City. There is nothing that prevents the city from changing regulations even if the land is platted. The City has the authority to pause and gather information for making decisions that are in the best interest for the City. He added if you don't adopt a moratorium, any property owner can come forward with plans and you have to consider the application as along as it is within the requirements of the City. Council member DeLapp indicated adopting a moratorium would benefit the residents of Lake Elmo. DeLapp added the City needs to make sure the right portions of the Old Village development area have commercial, residential, and open space. Council member Dunn spoke in favor of the moratorium saying that for her the biggest issue is water runoff. Mayor Hunt said he felt confident that the city would be able to stay on schedule with Old Village development from now on. The Council received a letter from Attorney Bruce Malkerson, who represents Mike Lynskey and Lake Elmo Business Park Partners, indicating reasons it was unnecessary to include Phase III of his client's property (located north of 391h Street between State Highway 5 and Lake Elmo Avenue) in a moratorium. Attorney Filla disagreed with Malkerson's position in his letter. Mike Lynskey stated he didn't see a need for a moratorium. In 1988 they paid for building 39th Street and a storm water pond to handle the storm water runoff from Phase III. Phase III has been zoned General Business for many years and his clients acquired and upgraded the property in reliance on that zoning. Roy Abbot, landowner in Old Village area, stated he can live with the moratorium if you are true to your word and will stay on the schedule. He added that he was sure the people who want to develop his property want to work with the city council. M/S/P Dunn/DeLapp — to adopt Ordinance No. 97-117, establishing a Development Moratorium for certain lands in the Old Village Deign Study area and insert six (6) months from the day of publication as the length of the moratorium in the ordinance. (Motion passed 4-0.) For the record, Council member Johnson noted he retained Attorney Malkerson 21 years ago to get a building permit from the City. Council member DeLapp asked for a written schedule in three (3) weeks. Mayor Hunt agreed that the Council needs accountability. LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. Organizational/Compensation Consultant Services The Council conducted the second of two interviews with firms (Springsted and Fox Lawson) having interest in assisting the City to review the City's organizational structure and various elements of the personnel, and compensation structure for City employees. The Acting Administrator indicated that either firm could accomplish the tasks we require with excellent results and offered perspectives for support of his recommendation to hire the Springsted firm. M/S/P DeLapp/Johnston — to direct the Mayor and Acting City Administrator to enter into a contract with Springsted to provide the City organizational, personnel, and compensation services in accordance with the proposal dated February 28, 2003. (Motion passed 4-0). B. Dog Ordinance The Acting Administrator reported the City has a very complete and detailed ordinance regarding dangerous dogs. The city does not presume certain breeds dangerous as has been advocated. He questioned whether the City has the authority to make a presumption of the relative danger of dogs by breed, but must rely on demonstrated behavior of an individual dog. As far as electronic fencing, the City could assume the electronic fencing is effective until the first instance where it is found not be for any particular installation. Mr. Dillerud will have more details and a firm recommendation at the May 6th Council meeting. Attorney Filla noted that he was contacted with questions on this matter and the status is proceeding. C. Hearing: Mary Kueffner At the March 27, 2003 Special Council Meeting, a motion was adopted to extend Ms. Kueffner Paid Leave of Absence to one week beyond when the Madden report is received, but no longer than April 16. At the April 1, 2003 Council Meeting, it was the intent of the Council, concurred by Ms. Kueffner, that a Hearing regarding Ms. Kueffner's termination as City Administrator would be scheduled on the April 15 Council agenda. There also was council direction to the Acting Administrator and City Attorney Filla to arrange a meeting with Ms. Kueffner to discus further the options of her continued employment by the City; or a negotiated settlement. Ms. Kueffner agreed to this approach. Mr. Filla and the Acting City Administrator met with Ms. Kueffner on April 8 in Mr. Filla's office. LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 Council member Johnston expressed his frustration with the slow process and asked if the Council would be giving any direction on how to proceed with the negotiations. He said he was concerned about the possibility that Ms. Kueffner may bring litigation against the city. He would like some estimate on what our potential liability would be if we are taken to court. Attorney Filla explained that it was difficult to evaluate the situation because we don't know what the claims are, and there has not been legal representation on Ms. Kueffner's behalf at any meetings. Johnston said it appeared that Kueffner was going to go for the moon and start negotiating from there. Council member Dunn noted she hoped that the Madden firm can meet their April 23`d deadline. Mayor Hunt said the City needed to wait and see where they were at after Kueffner's hearing on May 6. M/S/P Johnston/Dunn — to continue Mary Kueffner's administrative leave without pay, but with fully paid benefits from April 16th to May 6, 2003. (Motion passed 3- 1:DeLapp.) 12. CITY COUNCIL REPORTS: Council member DeLapp asked for an Old Business List with the date added for completion. This would remind the public once a month we haven't forgotten their items. Mayor Hunt presented a letter from Kathleen Groh, N.E. Metro Alliance for Responsible Development, Inc. from Kathleen Groh. The Council asked that an invitation be extended for her attendance at a light agenda June Council meeting to discuss membership. Adjourn 9: 20 p.m. ---------------------------- Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-031 Approving Claims Resolution No. 2003-032 Awarding the 2003 Crack Sealing Contract to Northwest Asphalt Maintenance, Inc. Resolution No. 2003-033 Awarding the 2003 Seal Coating Contract to Allied Blacktop Co. Resolution No. 2003-034 Approve Claim for Planning Commission Training Seminar Ordinance No. 97-117 Establishing a Six Month Development Moratorium for certain lands in the Old Village Design Study LAKE ELMO CITY COUNCIL MINUTES APRIL 15, 2003 10