HomeMy WebLinkAbout09-16-03 CCMMayor:
Lee Hunt
Councilmembers:
Steve DeLapp
Susan Dunn
Dean Johnston
Chuck Siedow
Lake Elmo City Council
Tuesday
September 16, 2003
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
September 2, 2003
3. PUBLIC INQUTRIES/INFORMATIONAL:
Public Inquiries/Informational is an opportunity for citizens to
A.
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
A. Resolution No. 2003-074 Approving Claims
be routine by the City Council and will be enacted by one motion
under a Consent Calendar format. There will be no separate
B. November 4fh Council meeting
discussion of these items unless a Council member so requests, in
which event, the item will be removed from the general order of
C. Playground Border and ADA Impact
business and considered separately in its normal sequence on the
Absorption Wood Fiber
agenda.
D. Tree Removal Services
5. FINANCE
Tom Bouthilet
A.
6. NEW BUSINESS
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Maintenance Dept. Activities: Dan Olinger
B. Update on Building Dept. Activities: Jim
McNamara
C. Gravel Roadway Maintenance
Lake Elmo City Council Agenda
September 16, 2003
Page 2
8. CITY ENGINEER'S REPORT:
Tom Prew
A. Culvert on west easement on Hill Trail:Verbal
Update
9. PLANNING, LAND USE & ZONING:
C. Dillerud
A. AG Cluster Development, Variance and
Minor Subdivison: Bergman
B. Public Hearing: Vacation of 101" Street Lane
10. CITY ATTORNEY'S REPORT:
J. Filla
A.
11. CITY ADMINISTRATOR'S REPORT:
C.Dillerud
A. City Purchasing Policy
B. 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: September 16, 2003
LAKE ELMO CITY COUNCIL MINUTES
SEPTEMBER 2, 2003
1. AGENDA
2. MINUTES: August 19, 2003
3. PUBLIC INQUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Results of Radar Traffic and Speed Analysis on Highlands Trail N:
Commander Tuthill and Don Theisen
C. Lake Elmo Library
4. CONSENT
A. Lake Elmo Avenue/State Highway 36 Signal Maintenance Agreement
5. FINANCE
A. Resolution No. 2003-071 Approving Claims
B. (1) Set TNT Public Hearing Date
(2) Proposed 2004 Budget
(3) Resolution No. 2003-072 Adopting 2003 Levy Limit
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Dept. Activities: Chief Malmquist
8. CITY ENGINEER'S REPORT:
A. Sewer Connection — 7550 50a' Street N. (Conroy)
9. PLANNING, LAND USE & ZONING:
10. CITY ATTORNEY'S REPORT:
11. CITY ADMINISTRATOR'S REPORT:
A. Springsted M&O Study Recommendations
B. Request for Temporary Street Closure — Christ Lutheran Church
C. Community Facilities Committee
D. AMM Meeting Update
12. CITY COUNCIL REPORTS:
Mayor Hunt called the meeting to order at 7 p.m. in the Council chambers. PRESENT:
Siedow, Dunn, Hunt, Johnston, DeLapp, City Attorney Filla, City Engineer Prew, Acting
Finance Director Tom Bouthilet, and Acting Administrator/Planner Dillerud.
1. AGENDA
ADD: 11C Community Facilities Committee Member, 11D. Update on Proposal for
lobbyist to Met Council and Update on AMM meeting.
M/S/P Dunn/Johnston - to approve the September 2, 2003 City Council agenda, as
amended. (Motion passed 5-0.)
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003
2. MINUTES: August 19, 2003
M/S/P Johnston/Dunn - to approve the August 19, 2003 City Council Workshop minutes,
as amended. (Motion passed 5-0.)
M/S/P Johnston/Dunn - to approve the August 19, 2003 City Council Minutes, as
amended. (Motion passed 5-0.)
3. PUBLIC INOUIRIES/INFORMATIONAL:
A. Public Inquiries
B. Results of Radar Traffic and Speed Analysis on Highlands Trail N:
Commander Tuthill and Don Theisen
Washington County Commander Tuthill provided the County's digital radar trailer results
on both traffic volume and traffic speed on Highlands Trail.
Washington County Transportation Engineer, Don Theisen, reported the City should
make sure it has criteria set for installation of a stop sign in a policy. Otherwise the City
will continue to have neighborhood s coming in with similar requests. He advised that a
stop sign is not a traffic calming device, but physically changing the characteristics of the
road are traffic calming devices. Council member Dunn asked if "slow children" signs
are effective. Mr. Theisen responded the first time they see the sign, it is effective, but
later it blends in with the environment. Signs do not change people's behavior. Council
member Siedow asked if enforcement saturating and issuing tickets are effective?
Theisen responded that enforcement is a critical piece.
Council member DeLapp noted that curves, chokers, trees get our roads designed for
what the speed we intend to have people go on.
Attorney Filla commented that he is encountering tickets in court for the no turn on red
sign on Manning and Hwy 5. Drivers are not seeing the sign which in his opinion should
be installed higher up and not eye level.
Mayor Hunt suggested staff, and Commander Tuthill gather the data and come back with
a plan recommendation. Dillerud asked if he was implying that we take down the stop
sign and review the affect. The City Engineer has come up with design suggestions, and
asked if they wanted him to price them out. Mayor Hunt said he leans to redesigning the
road.
Council member Siedow suggested taking the stop sign out and see if we actually have a
problem. Council member DeLapp didn't see any reason to change the Council's
previous motion, and thought the Council was on that process.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003 2
Council member Johnston stated he heard unanimous agreement from the residents that
the stop sign improved the situation, and to not remove the sign until we had a better
improvement. He observed that don't have a better solution, and the worst thing we can
do is play the shell game with a stop sign
Council member Dunn said there are three things to be concerned with, which are,
engineering, enforcement and education. Even with the stop sign, there must be an
improvement, and she was in favor of leaving the stop sign, and having a policy in place
for evaluating. The speed survey accurately represented what was going on. In
retrospect maybe we should have done it reversely.
Mr. Prokop pointed out you cannot see the speed sign because of the trees. The Council
was forgetting the reason for the sign was because this is a deaf child area.
The Acting Administrator advised that Staff will again look at clearing the trees or
moving the speed sign so it can be more visible.
Dave Austad stated Highlands Trail is used as a cut through because drivers do not want
to go to 50th street where there is a controlled intersection. He asked the Council not to
spend $100,000, but leave the stop sign since it has shown effectiveness, and add some
speed bumps.
Mr. Warner submitted a letter encouraging the Council to keep a stop sign because it has
been effective slowing down the speed. He suggested establishing a public safety
committee so the Council doesn't have to hear these arguments.
Mayor Hunt said the night time is when their experiencing the most speeding. The City
has to have a consistent policy of criteria, continue to work with our deputies, get a trailer
and work with enforcement, and leave stop sign. The City has a commitment to make all
of our roads safe.
Dillerud noted that City has budgeted $15,000 for their own speed trailer to move around
on trouble spots for education.
C. Lake Elmo Library
Paul Ryberg, member of the Lake Elmo Library ad hoc committee, stated it's not hard to
figure out where we are going with the library.... nowhere. Ryberg said it would take 5%
of those voting in the last election to put the matter to a vote on a referendum ballot.
Council member Dunn pointed out that the Lake Elmo Library is the oldest library in the
Washington County system.
Wyn John provided the Council with a chart showing Washington County Library
Funding for Lake Elmo and four other communities. John noted the Lake Elmo residents
pay $205,584 per year in taxes to support the library system, while the cost of running the
library is about $90,000. Council member Johnston said he would like to see the city take
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003
action in finding out how we can reallocate this money back to the City for our control
and, place a line item in the 2004 Budget. Council member Dunn asked why the
disparities in funding.
The Council invited the Library Board, new library director and our Washington County
Commissioner for a workshop with the city to discuss the issues.
Wyn John asked for money out of the 2004 budget to rent a space for library relocation.
M/S/P Johnston/Dunn - to set up a workshop at a near future date and send an invitation
to the Friends of Lake Elmo Library, the new Library Director Pat Conley, Library Board
Chair Brian Zeller, and Washington County Commissioner Pulkrabek. Staff will look
into how we can reallocate the tax money to the city and a timetable for further actions.
(Motion passed 5-0).
4. CONSENT
A. Lake Elmo Avenue/State Highway 36 Signal Maintenance Agreement
M/S/P DeLapp/Dunn — to pull off this item off the consent agenda for discussion.
(Motion passed 5-0).
MnDOT has scheduled installation of traffic signals at the Lake Elmo Avenue/Highway
36 intersection during the 2004 construction season. MnDOT will pay the entire cost of
the signals, installation, and minor shoulder work associated with the project. Lake Elmo
and Grant are being requested to participate in the project by sharing the annual cost of
electricity to the signal system; and, agreeing to share in the future expense of bulbs for
any burned out lights. The County will be responsible for the maintenance of the signal
system.
Council member DeLapp stated he has a problem paying for the County's problems. The
County/MnDOT were the ones that raised the speed limit on Highway 36, its not Lake
Elmo.
Council member Dunn said she understood what Mr. DeLapp was stating but thought this
is a step in the right direction, shared cost is manageable, and encouraged passing
resolution.
Mayor Hunt asked that the lighting would be in compliance with the City's Outdoor
Lighting regulations.
M/S/P Dunn/ Johnston - to adopt Resolution No. 2003-073 approving the Agreement
among Lake Elmo, Grant, Washington County an MnDOT regarding respective cost
sharing and maintenance responsibilities for the traffic signal system to be constructed in
2003 at the intersection of Lake Elmo Avenue and State Highway 36; conditioned on the
street lights complying with the Lake Elmo Outdoor Lighting regulations. Motion passed
5-0.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003 4
M/S/P Johnston/Siedow — to add the request to speak by David Brown to the agenda.
(Motion passed 5-0).
Dave Brown, 7990 50th Street N., asked the city to make sure there is a west easement on
Hill Trail to place a culvert in order to divert the water into DeMontreville and not into
the pond. The City Engineer said he would get a cost estimate and check with the
VBWD and review with the City attorney there is an easement on the west side.
M/S/P Johnston/Siedow — to direct the City Engineer to bring back the requested
information to the September 16th Council meeting. (Motion passed 5-0).
5. FINANCE
A. Resolution No. 2003-071 Ap roving Claims
M/S/P DeLapp/Dunn — to adopt Resolution No. 2003-071 approving Claim Numbers
161, 12, DD30 through DD34, 24280 through 24294, which were used for Staff payroll
dated August 21, 2003 Claim Numbers 24295 through 24297 were voided and Claim
Numbers 24298 through 24347 in the total amount of $65,617.83. (Motion passed 5-0).
B. (1) Set TNT Public Hearing Date
The City is not obligated to hold a Truth in Taxation Hearing due to the limited increase
in the Levy. Discussion at the August 190' Budget Workshop concluded that the Council
should hold the Hearings in the best interest of our residents.
M/S/P Dunn/Siedow - to set Monday. December 1, 2003, 7 .p.m., with the backup date of
Monday, December 8, 2003 for the Truth and Taxation Hearing. (Motion passed 5-0).
(2) Proposed 2004 Budget
The Council received the proposed 2004 Budget with the highlighted revisions discussed
at the August 26th Budget Workshop. The current proposed 2004 Budget indicates a 4%
reduction in Revenue and Expenditures from the 2003 Budget and a 9% reduction from
the current 2003 projected amounts.
(3) Resolution No. 2003-072 Adopting 2003 Lever
The City is required to certify the Proposed 2003 Tax Levy, Collectible in 2004 by
September 15t . It was noted that although this amount is proposed, we cannot increase
the Levy amount once Certified to the County. The current proposed Levy represents a
3% increase from the 2003 Levy and a 7.7% increase from the projected Levy which
included the cuts made in MVHC & LOA by the State.
M/S/P DeLapp/Siedow - to adopt Resolution No. 2003-072 setting the 2003 Tax Levy,
Collectible in 2004 in the amount of $1,717,847. (Motion passed 5-0).
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003
6. NEW BUSINESS:
7. MAINTENANCE/PARK/FIRE/BUILDING:
A. Update on Fire Dept. Activities: Chief Malmquist (Not in Attendance)
S. CITY ENGINEER'S REPORT:
A. Sewer Connection — 7550 57' Street N. (Conroy)
As directed by the Council, the City Engineer prepared an estimate of costs to construct
the connection of the Conroy property to the Oakdale wastewater system. The sum
appears to be nearly $16,000 plus the cost of any plumbing work required on -site for the
Conroys. Dillerud has conferred with the City's attorneys on the Met Council litigation.
They advise that the Record in that case is now closed, so this specific matter could not
be introduced as evidence of any type in the current case before the Court of Appeals.
Any future ramifications are less clear.
The Acting Administrator noted if this connection project is approved and the Joint
Powers Agreement accepted by Oakdale, the wastewater conveyance pipe recommended
by the City Engineer from the Conroy property line to the Oakdale connection point
should be a City asset and available to the other two adjacent residents that may have
similar poor soils. The pipe installation should be by and at the expense of the Sewer
Enterprise Fund, with reimbursement from Mr. Conroy and/or his neighbors that want to
participate.
Mayor Hunt indicated the City should advise the adjacent property owners, that may have
similar poor soils, of the potential Oakdale sewer connection project, total project cost,
and connection fee, and give them the option to hook up to the wastewater conveyance
pipe now. The staff should proceed ahead with the Joint powers agreement with
Oakdale.
Council member Dunn said this is a health, safety issue and we're correcting a failing
septic system.
M/S/P Johnston/DeLapp — to direct staff to proceed with contacting the adjacent property
owners of 7550 50`h Street, who may have similar poor soils, if they have an interest in
connecting to the Oakdale sewer connection project, calculate the total cost divide
amongst those participating and proceed ahead with a Joint Powers Agreement with
Oakdale. (Motion passed 5-0.)
Tom Prew pointed out there these connections will generate a sewer bill.
9. PLANNING, LAND USE & ZONING
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003
10. CITY ATTORNEY'S REPORT:
Attorney Filla reported he talked to the Hidden Bay Trail property owner and talked to
their attorney, who are filing an answer and wants to meet onsite with the building
inspector. The City would set a timeline on the project, and if they fail to meet the
timeline, a judgment can be entered against them.
Attorney Filla reported that the employees and former employees who have requested a
copy of the Madden Report will received their section of the report. Filla asked the
Council if it wanted one copy to circulate among them. Council members will contact
Filla about picking up a copy.
There were 21 new prosecution files, 68 in July 68, 50 in August. Commander Tuthill
will sit down with Filla to discuss what the sheriff finds acceptable.
11. CITY ADMINISTRATOR'S REPORT:
A. Springsted M&O Study Recommendations
The Acting Administrator reported during a work shop session of the Council on August
19d', a "Sense of the Council" motion was adopted 3-2:Siedow, Johnston to place
approval of the City staff Organizational Option #3 on the September 2nd Council agenda.
A second motion was adopted 5-0 to direct the Acting Administrator to move forward
with certain reclassifications of staff positions, as recommended by the M&O Study. A
third motion was adopted 5-0 directing the City Attorney to review Chapter 200 of the
City Code and recommend amendments to confirm the duties of the City Administrator
in supervising of all City departments. A Council Policy Resolution reaffirming the
terms of Chapter 200 was drafted by the Acting City Administrator.
M/S/P Dunn/Johnston — to direct the Acting City Administrator to proceed with position
reclassifications and hires responsive to the "Sense of the Council" Motion of August 19,
2003, including the positions of "Office Assistant" and "Heavy Equipment Operator".
(Motion passed 5-0).
M/S/P Johnston/Siedow - to table the Resolution reaffirming the provision of Chapter
200 of the City Code regarding the authority and responsibility of the City Administrator
to exclusively manage and direct the operations of all City departments. (Motion passed
5-0).
Council member Johnston stated he favored an Administrator/Finance Director, but
would support the decision of the Council. Johnston said he supported Council member
Siedow in calling an HRC meeting and supported doing background checks on all
employees. Mayor Hunt favored outsourcing the Finance options.
M/S DeLapp/Dunn — to reaffirm the action of Council from two weeks ago asking the
Acting Administrator to take the position and hire an assistant planner.
Mayor Hunt suggested the Council set up a workshop to discuss the Springsted
recommendation regarding Organization Options and the City Administrator position.
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003
Council member DeLapp withdrew the motion. Council member Dunn, who second the
motion, agreed.
M/S/P Siedow/Hunt — to set a Council Workshop for September 8, 5 p.m., to discuss the
Springsted recommendation regarding Organization Options and the City Administrator
position. (Motion passed 5-0.)
B. Request for Temporary Street Closure — Christ Lutheran Church
Christ Lutheran Church has requested closure of Laverne Avenue for a 5.5 hour period
on Sunday, September 7 to accommodate their "Rally Day" activities. Given the Fire
Department primary route north up Laverne, Dillerud asked the Church to instead
consider closure of 36t" Street North for the same purpose. They have confirmed that will
work for them. The two impacted residences on 36`�' Street will be contacted for their
comments on the proposal.
M/S/P Dunn/DeLapp — to authorize the closure to traffic of 361" Street north, between
Lake Elmo Avenue and Laverne Avenue, from 8:00 a.m. to 1:30 p.m. on September 7,
2003 to accommodate activities of the Christ Lutheran Church "Rally Day" and
furthermore, the City will deliver and pickup any street barricades we may have a
available to assist with the closure. (Motion passed 5-0.)
C. Community Facilities Committee
Acting Administrator Dillerud indicated that Tom Armstrong Jr. would be interested in
serving as a citizen member on the Communities Facilities Committee.
M/S/P Dunn/DeLapp — to appoint Tom Armstrong Jr. to serve as a citizen member on the
Communities Facilities Committee. (Motion passed 5-0.)
The Acting Administrator indicated that the appraiser we have used previously would not
be available to start for two more weeks; City Appraiser Frank Langer has supplied two
other names of appraisers who Dillerud will secure a quote from for appraisal services.
M/S/P Siedow/DeLapp — to direct the City Administrator to proceed with contacting the
two appraisers provided by Frank Langer because time is of the essence. (Motion passed
5-0).
D. AMM Meeting Update
Councilmember Johnston reported that he and the Acting City Administrator attended a
recent AMM Policy Committee meeting regarding Metro Council legislation in 2004. He
said that we were not aware that METC Chairman Bell and Regional Administrator
Weaver would both be at the same meeting defending METC's positions on Lake Elmo's
plan. He noted that this is an example of how serious METC is taking this thing.
Johnston said he didn't want the committee involved with the differences with the Met
Co. on the plan itself — only the law and policy. He noted that the committee appears not
to be aware of the fact that the local zoning implications of the METC action on Lake
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003
Elmo were not consistent with AMM policies. METC. is most sensitive to zoning
issues, which probably means we are on the right rack.
Dillerud said he met with an experienced lobbyist and a law firm two weeks ago.
Representative Lipman talked to governor staff and found that they were not interested in
the Lake Elmo/METC issue. Dillerud said he would find out via the lobbyist meeting
with the Governor whether Lipman's information could be confirmed. Johnston was
assured from the committee if we had some proposed legislation they would be favorable
to hearing out the City. He advised the Council that he would continue to pursue this
through his AMM committee membership, unless the Council directed otherwise.
12. CITY COUNCIL REPORTS:
Council member Dunn advised Elmer Richert, former Public Works Supervisor and long
time Lake Elmo resident, passed away.
Adjourn at 9:37 p.m.
Respectfully submitted by Sharon Lumby, Deputy Clerk
Resolution No. 2003-071 Approve Claims
Resolution No. 2003-072 Setting the 2003 Tax Levy, Collectible in 2004 in the amount
of $1,717,847
Resolution No. 2003-073 Approve the Signalization Agreement for CSAH17 & Hwy 36
LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 2, 2003