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HomeMy WebLinkAbout12-02-03 CCMMINUTES APPROVED: December 16, 2003 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2003 6:00 P.M. INTERVIEWS OF SEARCH FIRMS FOR CITY ADMINISTRATOR POSITION 1. AGENDA 2. MINUTES: November 18, 2003 (Postponed) 3. PUBLIC INQUIRIES/INFORMATIONAL: A. Public Inquiries B. Lake Elmo Library 4. CONSENT AGENDA A. Resolution No. 2003-095: Approve Claims B. 2004 Liquor Licenses 5. FINANCE: A. Adopt Final Tax Levy and adopt 2004 General Fund Budget 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIRE/BUILDING: A. Fire Dept: Update, Grass Rig Purchase B. Modifications to election of Officers for Fire Department 8. CITY ENGINEER'S REPORT: 9. PLANNING, LAND USE & ZONING: A. PUBLIC Hearing: Resolution No. 2003-096: Section 520 Site Plan and Variance — River Valley Christian Church B. Resolution No. 2003-097: Minor Subdivision, 4415 Olson lake Trail 10. CITY ATTORNEY'S REPORT: 11. CITY ADMINISTRATOR'S REPORT: A. LMCIT Liability Insurance — Waiver Form B. Hiring Search Firm 12. CITY COUNCIL REPORTS: A. Question on Approval Process on Zoning Changes Mayor Hunt called the meeting to order at 7:00 p.m. in the Council chambers. PRESENT: Siedow, Dunn, Hunt, Johnston, DeLapp, City Engineer Prew, City Attorney Filla, Acting Finance Director Tom Bouthilet, Fire Chief Malmquist, and Acting Administrator/Planner Dillerud. 1. AGENDA ADD: 3A. Lake Elmo Library, 5A. Adopt Final Tax Levy and adopt the 2004 General Fund Budget; 11B. Hiring Search Firm, 12. Question on approval process on zoning changes. M/S/P DeLapp/Siedow - to approve the December 2, 2003 City Council agenda, as amended. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2003 2. MINUTES: November 18, 2003 (Postponed) 3. PUBLIC INOUIRIESANFORMATIONAL: A. Public Inquiries Ann Smith Johnson, Carriage Station, said she wanted to be part of the interpretation process of the fence ordinance and asked for a copy of the safety study on how the City determined the newly installed fence was not a safety hazard. She asked if there was a memorandum stating the reasons why it was determined the fence was not safety hazard. The Acting Administrator explained the Building Official looked at the situation, but has not filed a report. The City will be taking a survey on fences in town to see if the same circumstances exist in other parts of town. Dillerud stated this is a technical issue and the Council has directed the Planning Commission to review the code. Mike Downs, 10899 32"d Street, asked to talk about alternatives to removal of building based on actions of a previous Council. He said he rebuilt the house with no basement or attic; consequently, he has no storage area. The Council indicated it was not interested in adding this item to a future agenda to reopen this variance request. Pat Connolly called Mayor Hunt and wanted the City to proceed at the Board level with a children type library for Lake Elmo and asked for a representative to sit on the committee. The Mayor and Wyn John will send the names and start the process. Council member DeLapp stated that the Lake Elmo Elementary School has a great children's library and we should coordinate all youth library services. 4. CONSENT AGENDA A. Resolution No. 2003-095: Approve Claims M/S/P DeLapp/Siedow - to adopt Resolution No. 2003-095, A Resolution Approving Claim Numbers 176, 177, DD71 through DD75, 24810 through 24817, that were used for Staff payroll dated November 27, 2003, and Claim Numbers 24818 through 24956 in the total amount of $59,809.16. (Motion passed 5-0). B. 2004 Liquor Licenses M/S/P DeLapp/Siedow — to grant a 2004 On -Sale intoxicating liquor and On -Sale Sunday intoxicating license to 3M Club of St. Paul (Operators of Tartan Park) and to the Machine Shed Restaurant by Heart of America Restaurants and Inn; an On -Sale intoxicating liquor, Off -Sale intoxicating liquor and On -Sale Sunday intoxicating liquor license to the Twin Point Tavern and Lake Elmo Inn; an On -Sale intoxicating liquor, On -Sale Sunday intoxicating license to River Valley Catering Inc., Lake Elmo Banquet Hall and an On - Sale non -intoxicating Malt Liquor License for the Golf Course Center at Cimarron Park. (Motion passed 5-0). 5. FINANCE: M/S/P Siedow/Dunn — to adopt Resolution No. 2003-099, A Resolution Adopting the Final Tax Levy of $1,717,847.00. (Motion passed 5-0). LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2003 M/S/P Johnston/Siedow — adopt Resolution No. 2003-100, A Resolution Adopting the 2004 General Fund Budget in the Amount of $2,491.589.00. (Motion passed 5-0). 6. NEW BUSINESS: 7. MAINTENANCE/PARK/FIREBUILDING: A. Fire Dept: Update, Grass Rig Purchase The Maintenance Advisory Committee adopted a recommendation that the City proceed with the .purchase of a replacement grass rig for Fire Department service. Both staff and the MAC recommend that the Council approve the purchase of the new grass rig as the following comments: 1. Chassis, Bed/Winch, Radio —State Contract = $31,859.63 2. Bed rigging and equipment —Foreman Fire = $45,744.40 3. Graphics — Grafix Shoppe = 400.00 $78,033.63 MAC also recommends that the present grass rig be sold to another department. This will close the gap to the CIP number even more. M/S/P Johnston/DeLapp - to direct the staff to initiate the purchase of a replacement grass rig for the Fire Department at a total gross cost of $78,033.63 based on the State Purchasing Contract, and bids by Foreman Fire Equipment and the Grafix Shoppe. Further that the Fire Chief be directed to coordinate the public sale of the 1985 grass rig by the appropriate process. (Motion passed 5-0). B. Modifications to election of Officers for Fire Department The process/procedure by which the Fire Chief, Assistant Fire Chiefs, and Fire Captains are selected has been addressed briefly by department, Council and City Administration several times in recent years. The department elected their officers by an internal process, with little input or involvement by City Administration or the City Council —beyond confirmation of the election results. Chief Malmquist indicated that he and the majority of the department believe the time has arrived to take a step toward enhancing the professional structure of the department by replacing the election of fire department leadership and management with City Council appointment, based solely on candidate qualifications, as is the practice with other City operating departments, and as the City Code (Chapter 200) specifies for all City employees. The Chief prepared a draft policy describing how the new process would function. Council member Johnston asked why we have to have two different procedures in hiring for the City. The Fire Chief said Lake Elmo has the only department that has elections. The hiring would be done from the inside. Johnston suggested as a substitute for the proposal adopt a common policy for hiring and promotion policy for the City. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2003 The Acting Administrator stated the Council does all the hiring and appointing and the City Administrator does the recommendations. There is more accountability because these appointments will have annual reviews. Council member Dunn asked that the appropriate language be added; such as inserting the word "review" and replace "hired" with "appointed". M/S/ Johnston/DeLapp — to approve the Lake Elmo Fire Department Policy for Hiring of Officers with discussed rewritten wording. Attorney Filla indicated the Fire Department By -Laws would need to be changed if policy is changed. The amendment is approved by the City Council and 2/3rd majority of the Fire Department called for that purpose by 27 days notice. Filla will draft a written format for a bylaw change and bring to a future meeting for approval. M/S/P Johnston/DeLapp — to table the motion until the next Council meeting and the Acting Administrator will proceed ahead with the Fire Chief s assistance. (Motion passed 5-0). Council member Dunn added that it is important that everyone is in concert with this because it is a big change to a current structure. 8. CITY ENGINEER'S REPORT: Update on Hill Trail Reconstruction. He is still working with the Acting Administrator on the drainage and will be getting a survey. Highlands Trail: The City is waiting until we get the speed trailer. 9. PLANNING, LAND USE & ZONING: A. PUBLIC Hearing: Resolution No. 2003-096: Section 520 Site Plan and Variance — River Valley Christian Church At its November 10, 2003 meeting, the Planning Commission adopted a recommendation for approval of this application to expand the existing church parking area by 30 stalls. The applicants testified that the expansion is primarily to accommodate parking for special events when parking along Lake Elmo Avenue otherwise results. Prior to the meeting, but late for legal notice, the City Attorney advised staff that a variance from the Public Facilities buffer standard would be necessary if the expanded parking area is to be constructed as applied for. Since this parcel is just over a 5 acre buffer size threshold, a 100 foot buffer is required by the PF standards. That standard is met to the west, but is not met to the south (nor does the current parking area). A Public Hearing notice was published on this matter before the City Council on December 2"d. While Staff did reference the buffer issue in the Planning Staff Report, he did not believe it to be a variance issue. The Commission made the observation that the power lines and towers passing through and south of this site tend to crate a buffer that is as effective as anything the City would require. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2003 4 Mayor Hunt called the public Hearing to order in the Council Chambers at 8:15 p.m. Pastor Nietzell, River Valley Christian Church, spoke in favor of granting the variance. There was no one to speak against the variance request. Mayor Hunt closed the Public Hearing at 8:16 p.m. Council member DeLapp asked what the hardship is that is unique to this land. The Church cut the trees down and now the lights of passing motorists glare into your eyes. The existing lot is 50% for the current standard for landscape areas per Dillerud. He noted that this was a long narrow lot before the City created the buffer standards. Johnston asked if there is an intention to bring the existing parking lot into conformance with landscape ordinance. Mayor Hunt indicated the new compacted area should meet the 10 percent landscape island standard. The transmission towers are in there. Council member Siedow thought it was tough to buffer against the power line. This was built with different standards and impossible to expand without a variance. Council member Dunn stated that the overflow parking should be on their own site rather than on the highway for safety reasons and should add a buffer to the site. Council member Johnston commented that Council member DeLapp brought up a valid point for residential development on the south. DeLapp added that Eagle Point put a berm and trees in the power line easement; and that could happen adjacent to this site as well. M/S/P Johnston/Siedow — to adopt Resolution No. 2003-095, A Resolution approving a Section 520 Site Plan and variance from the Public Facilities (PF) buffer requirements of the Zoning Ordinance to permit construction of a 30 stall overflow parking lot on the site of the River Valley Christian Church, per plans staff dated November 6, 2003; and, subject to a condition that landscape islands sized to City Code standards be constructed within the new parking area. (Motion passed 3 -2: Johnston, DeLapp) B. Resolution No. 2003-097: Minor Subdivision 4415 Olson lake Trail At its November 24a' meeting, the Planning Commission adopted a recommendation for approval of the application of US Bank NA (as trustee of the Sovereign Estate) to divide an existing 9.42 acre parcel fronting Olson Lake into parcels of 3.04 and 6.38 acres. The small new parcel would contain the existing residence; and, the larger new parcel would be vacant. The Commission recommended conditions of approval include conveyance of street right-of-way in an amount determined by the City Engineer, and in a form determined by the City Attorney (to replace existing statutory right-of-way) and, payment of a $1,500 Park Dedication Fee for the new parcel that would be created. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2003 Attorney Filla suggested adding the following to the Resolution: WHEREAS, the Lake Elmo City Council indicated that it allowed creation of one additional parcel, it was not indicated whether or not the parcel would be buildable based on terrain and geographies of the land and that the owner of the new parcel would comply with all City zoning and building regulations. M/S/P Johnston/Siedow - to adopt Resolution No 2003-097, approving the application of US Bank NA for a Minor Subdivision of lands at 4415 Olson Lake Trail, per plans staff dated November 21, 2003. (Motion passed 5-0) 10. CITY ATTORNEY'S REPORT: Council member Johnston mentioned that at the AMM conference it was noted there were changes in legal issues to not allow super majority in zoning changes. Attorney Filla reported that changes occurred in 2001; and, subject to some requirements, it is not mandatory to amend by a super majority vote of its members in some cases. Until you do that, it's his opinion you can be more restrictive. Until you have four votes to change current zoning regulations, you are left with the super majority process. Attorney Filla reported that the interrogatories were sent to the Hidden Bay property, and a follow up letter to Tim Montgomery regarding the barrel man. Filla provided a hazardous property letter on how to deal with hazardous property. He also reported that a right -of -access agreement had been sent to some property owners in the Hill Trail area to allow survey work on alternatives for storm water handling in that area. 11. CITY ADMINISTRATOR'S REPORT: A. LMCIT Liability Insurance — Waiver Form Each year the City's liability insurance carrier (League of Minnesota Cities Insurance Trust) requires the City Council's election regarding waiver of statutory Tort Liability Limits. The City has annually elected to not waive those limits. The Acting Finance Director will find how much this extra insurance will cost. M/S/P Dunn/DeLapp — to adopt Resolution No. 2003-098, A Resolution Regarding Tort Liability Non -Waiver of Monetary Limits. (Motion passed 4-0-1:Abstain: Siedow said he understands where this is coining from frivolous lawsuits, but not to have the same insurance as a business is not right.) B. Search Firm Interviews: At the 6 p.m. meeting the Council interviewed both Springsted and the Brimneyer group for the Search Firm for the City Administrator position. M/S/P Johnston/Siedow — to obtain the Brinmeyer group as the search firm for the City Administrator position at a cost of $13,500 plus expenses. (Motion passed 3-2:Dunn, DeLapp.) LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2003 Council member DeLapp said he thought this was a slap in the face for the staff we have in place, which is highly professional. No one has spoken to him except as highly laudatory for the way the City has run; and, the City would be wrong to take another direction. Council member Dunn stated it was a waste of money, the process to come to finalization before we hire a new person and postpone until the first of year. Council member Johnston stated we have been without a fulltime administrator for almost 12 months, and the Council talked about promoting the Acting City Administrator. He was told the Acting Administrator was not a candidate, and so he believed it is time to move ahead. 12. CITY COUNCIL REPORTS: Council member Dunn indicated Washington County is looking for signal light at CSAH19 and I-94. The new Prairie Ridge Office Park has removed a lot of the big pine trees and the City should make sure they retain and replant some trees. Dunn said she serves on the Highway 5 Task Force Committee and has seen tailgating and driving irresponsible on Highway 5. She asked drivers to drive in a responsible manner and not to disregard safety. AMM Update: Council member Johnston has volunteered to be a candidate for the executive committee. More cities with philosophies like ours should get interested to serve on the committee. Council member Siedow pointed out there should be consideration in changing the duration of the red light at Manning and Highway 5 Intersection because it creates a large back up. Meeting Adjourned at 9:10 p.m. Respectfully submitted by Sharon Lumby, Deputy Clerk Resolution No. 2003-095 Approve Claims Resolution No. 2003-096 Approving a Section 520 Site Plan and variance from the PF buffer requirements to permit construction of a 30 stall overflow parking lot for River Valley Christian Church Resolution No. 2003-097 Approve Minor Subdivision, Sovereign Resolution No. 2003-098 Tort Liability and Non -Waiver of Monetary Limits Resolution No. 2003-099 Adopting the Final Tax Levy of $1,717,847 Resolution No. 2003-100 Adopting the 2004 General Fund Budget in the amount of $2,491.589 LAKE ELMO CITY COUNCIL MINUTES DECEMBER 2, 2003 Lake Elmo City Council Agenda December 2, 2003 Pape, .J 8. CITY ENGINEER'S REPORT: Tom Prew A. 9. PLANNING. LAND USE & ZONING: C. Dillerud A. PUBLIC HEARING:Resolution No. 2003- 096:Section 520 Site Plan and Variance - River Valley Christian Church B. Resolution No. 2003-097 :Minor Subdivision: 4415 Olson Lake Trail 10. CITY ATTORNEY'S REPORT: J. Filla A. 11. CITY ADMINISTRATOR'S REPORT: C.Dillerud A. LMCIT Liability Insurance —Waiver Form 12. CITY COUNCIL REPORTS: A. Mayor Hunt B. Council Member DeLapp C. Council Member Dunn D. Council Member Johnston E. Council Member Siedow