Loading...
HomeMy WebLinkAbout02-02-88 CCM�s LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2., 1988 Mayor Arlyn Christ called the City Council meeting to order at 7:00 p.m, in the City Council chambers. Present: Christ, Johnson, Armstrong, Graves, Moe and City Engineer Bohrer. 1. Agenda Add: 6F. Budget, 7G. Water PresysureAAlarms„ 8 (2) . Develop Job Description for City Administrator, 8(3). Discuss Interview Process, 8C. Overlay District, 8D. Comprehensive Plan, 8E. Acting City Administrator, 8F. Set Office Procedure Policy,. Move Item 7E after 4. Public Inquiries M/S/P Graves/Moe - to approve the February 2, 1988 City Council Meeting agenda as amended. (Motion carried 5-0). 2. Minutes: January 19, 1988 M/S/P Graves/Moe - to approve the January 19, 1988 City Council minutes as presented. (Motion carried 4-0-1<Abstain: Armstrong>). 3. Claims M/S/P Graves/Johnson - to approve the February 2, 1988 Claims #89813 thru #89868 as presented. (Motion carried 5-0). 4. Public Inquiries (7E). V.B.W.D. Request for Office Space Russ Kirby, Recording Secretary for the V.B.W.D., asked the Council if they could store 2-5 drawer filing cabinets of V.B.W.D. records in the City Hall. Councilwoman Armstrong stated that since there is no room in the office the Council would consider a wooden cabinet be made to enclose the two filing cabinets. This cabinet would replace the cupboard for the coffee dispenser in the Council chambers and made in return for the $500/year rental bill. Mr. Kirby will take the Council's suggestion to the V.B.W.D. Managers and report back to the Council. A suggestion was made that in the meantime they could put the filing cabinets inside the coatrack in the hallway. 5. Site G Landfill - Todd Williams Todd Williams gave the City Council a summary of the scoping decision public hearing held on January 25, 1988 at the Washington County Board Room. He stated that now that the EAW is completed and the scoping decision is finalized, there will not be much engineering work to be done in 1988. It appears that raw data for the EIS will not be available for scrutiny until 1989. R.E.A.P.P. has not heard anything from the County, but they have assured them that they would be notified when the County Board decides on some of the issues. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1988 PAGE 2 Now that the EAW is over, R.E.A.P. will be concentratring on legislative action and on fundraising. They will be meeting with Gary Laidig, Harriet McPherson and with Marlene Johnson. R.E.A.P.P. has just received a verbal committment for a benefit concert of the Larkin Dancers for the Spring. However, they still need the cities committment"Ohelp make up the difference for costs incurred for legal and engineering help. Todd recommended that the best approach in 1988 is to pursue the legal avenues. The Citizens Advisory Committee recommends that City Attorney Knaak and Attorney Charles Dayton meet and decide what is the next legal step, when should it be initiated, and how much will it cost. Mayor Christ totally supported fighting the landfill. Christ added that there are unassigned reserves and asked the Council if some of these monies be set aside to be used for this legal fight, but considering future budgets replenishing these reserves. Councilwoman Armstrong agreed that the money in reserves are not set aside for anything specifically. She could not think of a better cause to use this money for because this landfill would .be a disaster for our City. Armstrong would be in favor of City Attorney Knaak and Attorney Dayton looking at the next legal steps. Councilman Graves agreed that these monies have been set aside for emergencies, but also agreed that any monies that have been spent out of the fund has to be replaced. Graves was not sure at this time to begin legal action and expressed disappointment on the assessment they received from Attorney Dayton. Although it was quite thorough,iTdid not indicate when legal action should be enacted or pursued. Graves voiced a concern of spending money for fighting the landfill without feeling that there is some reasonable chance of being successful. He added that we should get an indication of when these legal forces of action should be pursued and be selective in the options we pursue. Councilman Johnson found it hard to come up with an amount that would have to be budgeted. Rather than set aside an amount, Johnson suggested continuing as they have been on a case by case basis and set limits on certain work that needs to be done. Johnson asked the Financial Director if the City has received a bill from Attorney Dayton. Marilyn answered that a bill was received from Dayton for June thru December_ in the amount of $880. Johnson had no problem supporting the legal effort, but suggested the Council set a limit each time as they go along. Councilman Moe agreed that the Council should look at the expense on a step-by-step basis as it comes in. M/S/P Armstrong/Graves - to recommend that City Attorney Knaak and Charles Dayton meet -and decide what is the next legal step, when should it be initiated, and how much would it cost. (Motion carried 5-O). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1988 PAGE 3 i 6. OLD BUSINESS A. Planning Commission Appointments The following are terms of Planning Commission members that are expiring in 1987: Ann Bucheck, Barbara Haacke, Steve DeLapp. Letters were received from all three members indicating they would like to be reappointed. The first alternate, Al Kunde was appointed October of 1987, and the second alternate, Dean Johnston was appointed in January of 1988. Unless these alternates replace a full -voting member Kunde's term will expire in 1989 and Johnston's in 1990. M/S/P Armstrong/Johnson - to reappoint Ann Bucheck as a full -voting member for a 3-year term on the Lake Elmo Planning Commission. (Motion carried 5-0). M/S/P Armstrong/Graves - to reappoint Barbara Haacke as a full -voting member for a 3-year term on the Lake Elmo Planning Commission. (Motion carried 5-0). M/S/P Armstrong/Graves - to reappoint Steve DeLapp as a full -voting member for a 3-year term on the Lake Elmo Planning Commission. (Motion carried 4-1<Moe: Mr. DeLapp stated he was not paid to serve on the Planning Commission --he was appointed, maybe Mr. DeLapp is getting tired and deserves a rest>). Graves added a comment that he would like Steve DeLapp to go through the City Administrator or City Council if there are issues that need attention of the City Staff. Mayor Christ recognized that two months ago Councilman Moe made a vicious attack on Mr. DeLapp, and it was very well knom)that there is a personality conflict here. Christ added that he has never, in all the years he has lived in this community, found a more dedicated, more hard working individual that is really out for the benefit of this community. B. Parks Commission Appointments The following are terms of Parks Commission members that will expire in 1987: Nancy Hansen, Bill Osborn, James Yarusso. The first alternate, Sharon Simpson was appointed in June of 1987 and the second alternate, Gary Lee was appointed in January of 1988. Unless these alternates replace a full -voting member, Simpson's term will expire in 1989 and Lee's in 1990. M/S/P Graves/Moe - to reappoint Nancy Hansen, Bill Osborn, and James Yarusso to 3-year terms as full -voting members of the Lake Elmo Parks Commission. (Motion carried 5-0). C. City Engineer's Contract This item was a carryover from the January 5, 1988 meeting. Discussion centered around the proposed limitation of 3 hours for LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1988 PAGE 4 meeting attendance. Graves felt in the past we have made a good attempt to make sure engineering items are done by a reasonable hour and suggested we eliminate this clause. If the City Engineer is required to stay over the three hour limk, it reverts to the hourly rate. Armstrong felt we should be able to adjust an agenda so the engineer could be out by 10 o'clock. Cou6ilman Johnson felt that now the City had a full-time Building Official he could help and cut down engineerig costs. Bohrer felt he could help out on utility permit applica-i_ons (NSP, Bell Telephone), shoreland permits that have no variances, and all neighborhood type problems (such as drainage problems.) Pass-thru costs are not covered in the shoreland fee and should be upgraded. M/S/ Armstrong/Johnson - to approve the City Engineer's Contract with TKDA as proposed for 1988 M/S/P Graves/Moe - to amend the existing motion to include approving the authorization for general municipal services amending it to delete the 3-hour limit on meeting attendance. (Motion carried 4-1<Armstrong>). M/S/P Armstrong/Johnson - to approve the City Engineer's Contract with TKDA as proposed for 1988; but to include the approved amendment. (Motion carried 5-0). D. Maintenance Requests Requests -eid3 made by the Maintenance Department were tabled at the 1-5-88 meeting in order for the Finance Director to clarify the financial status of the Maintenance Department's budget and Parks Department's budget. Maintenance Foreman Dan Olinger wanted to postpone item #5 (new 1-ton with plow and sander) until 1989 because a new vehicle has just come on the market that would fit their needs --a 4-wheel drive with snowplow and sander. Dan would like to purchase the snowblower and cab now. Dan reported that the Public Works has $5,000 for miscellaneous equipment in 19B8 which the cab will be taken out of and the Parks Department has $5,850 in reserves for the snowblower. Snowblower (a) 666 John Deere 5-1/2' two stage hyd-spout, Cost: $1682.00 (b) 626 Lorenz 6' two stage hyd-spout, Cost: $1520.00, Plass Implement Cab: There is only one cab available for this tractor at this time that is OSHA approved. This is a cozy cab model no Custom 300 and a year -around item. It has roll over protection system with heater, defroster, front/rear wiper, front/rear work lights. Cost:$3626.00. There is a 4 to 6 week delivery time on the cab. The snowblowers are available now. M/S/P Graves/Johnson - to approve purchasing a snowblower based on the Maintenance Foreman's recommendation, either (a) or (b), to be taken LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1988 PAGE 5 out of the Parks budget and to approve purchasing one cozy cab model no Custom 300 to be paid by the Public Works budget. (Motion carried 5-0). Park. Mower (to replace 1979 Toro G.M. 72 which is in the Parks CIP) M/S/P Graves/Johnson - to authorize bids put out for a new park mower ($10,000 groundmaster) to replace the 1979 Parks Mower. (Motion carried 5-0). New Pick-up for Public Works Dan Olinger would like to put bids out for a 3/4 ton pickup which would replace the 1982 1/2 ton pickup. This is a budgeted item. Dan recommended redesiganting this truck from the Public Works Dept. to the Building Official which would replace the 64 Scout and then trade or sell the Scout. M/S/P Johnson/Graves - to authorize bids put out for a 3/4 ton pickup to replace the 1982 1/2 ton pickup. (Motion carried 5-0). E. Lake Jane Landfill Update --County Staff Mary Luth and Paul Josephson appeared before the City Council to complete their report to the City Council which was begun at the January 19, 1988 Council meeting. They went on to explain the current situation at the landfill and also to discuss the proposed 1988 work plan. One of the items of the workplan of considerable interest to the Council was the preparation of a feasibility study for the excavation of the landfill. The City Council was not satisfied with the prospect with the County's continuing the remedial pump out programs for the next 30 years. Mary Luth said that she would pass on the concerns of the Council to the County Board and that she proposed to return to the City Council on 6-month intervals. She proposed to meet with the City Council in January to review the previous year's evaluation report and to discuss the upcoming year's plan. She would also come back to the Council mid -year to discuss the mid -year progress. Special meetings may be scheduled should important events arise that the City Council should be informed of. F. Budget Finance Director Marilyn Banister reported that she has received the tax figures from the County and the tax levy will be 13.9 mills so the budget will be lowered $4,400.whaeh-.w33g lime-to-come-opt-of-eseves� Amen Formal approvement of the budget will be on the next Council agenda. 2-16 7. NEW BUSINESS A. Proposed Changes to Sections 701, 702 & 707 of the Municipal Code City Engineer Bohrer stated that certain revisions to the existing Code and new sections of the code must be implemented as part of the 201 Program. Sections 701 and 702 are proposed to be changed and a LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1988 PAGE 6 new Section 707 is to be adopted. In addition, a Sewer Service Charge Ordinance is to be enacted to determine, on an annual basis, what the charges should be for operation, maintenance and replacement for those individuals connected to off -site or collector systems. M/S/P Graves/Moe - to set February 16, 1988 at 7:30 p.m. for a public hearing on these code changes and also refer the changes to the City Atto,vey for his review. (Motion carried 5-0). B. Appraiser for 47th Street Right -of -Way Acquisition City Engineer Bohrer reported that additional right-of-way would need to be acquired along the north side of 47th Street from Gilbert Sullwold. Plans have now been completed in sufficient detail to determine the right-of-way limits. Bohrer recommended that Bill Schwab of Pennfield, Inc., be hired to do the appraisal. Mr. Schwab has performed other appraisals for the City and in the engineer's opinion, has performed thorough appraisals. The City has received a quote of $400.00 Lump Sum to prepare the appraisal and then an hourly rate of $50.00 thereafater, if he is called upon for negotiation or condemnation. M/S/P Graves/Moe - to hire Bill Schwab of Pennfield, Inc. to prepare the 47th Street right-of-way appraisal. (Motion carried 5-0). C. Lot Line Adjustment--Dayton/Hudson Dayton -Hudson Development is asking for approval to record the sales of two parcels with the minor changes that were made when the property was surveyed. Deputy Clerk Mary Kueffner found no provision in the City Code that covers this type of situation, and the League of Minnesots Cities wasn't able to give a clear direction. They could find nothing in the State Statutes that directs procedures for this type of situation. Kueffner believes this could be handled by simply agreeing that this lot line adjustment is insignificant in that there is no need to advice adjoining property owners, nor is there a need to go through the public hearing process, as we are not creating new lots. We are just allowing a corrected survey and sale to be recorded. City Administrator Overby had Dayton -Hudson apply for a large lot subdivision at a fee of $50. Because the City accepted this fee in error, the Council could consider authorizing the finance director to refund the $50 large lot subdivision fee paid by the applicant. M/S/P Moe/Graves - to authorize the City Administrator to stamp the deeds (which tell the County that we have looked at the surveys and approve of their recordings) for lot line adjustments--Dayton/Hudson as identified on background information of 2-2-88 and to authorize the finance director to refund the $50 large lot subdivison fee paid by the applicant. (Motion carried 5-0). D. Planning Commission Work Plan LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1988 PAGE 7 Councilman Moe reported that in April of 1987 the Council prioritized three items that not have been completed. Moe suggested the Council prioritize the work items because the Commission now has 27 items on their 1988 work plan. Planning Commission Vice -Chairman Marge Williams explained that two weeks ago she met with the long range planner for the Metropolitan Council for direction on the Comprehensive Plan. Marge found that they had reviewed the first 29 pages of the plan; but found the format that was being used was not readable. The information was accurate, but it was not in the format submitted by the Metropolitan Council. Now the Planning Commission work committee is taking this information and making it into a readable format like the 1979 Comprehensive Plan. The Council agreed that the Comprehensive Plan is number one priority and felt it was appropriate for them to do whatever they can to assist the Commission in order to get this accomplished._ Marge added if the Council desires, there is a planner that the Metropolitan Council offers that they could contract with on a short term basis. Chairman DeLa.pp asked if the City Attorney found out if the Planning Commission has to be involved in the CIP's, because he is uncomfortable about the completion of the work plan until this is decided. DeLapp added that the County did a great job on West Lakeland maps and asked if the staff would check on the cost of maps from the County that could be done for the Comprehensive Plan. A meeting for an update on the work plan will be set for March with the City Council and the Planning Commission. F. Acoustic Remedy for Council Chambers Councilman Moe felt it was time to do something about the acoustical problem. He suggested having a professional come in and give them some idea of what can be done and an estimate for the work. Councilwoman Armstrong responded that a professional did come in and gave them an estimate of $8000 for tile covering of theceLiPg,&backcgall. It was decided that they didn't want to cover up the beautiful plaster ceiling and felt it was too costly. The building committee is planning on putting wool -flannel backing on the padded wall panels that we have. G. Water Pressure Alarms At the November 17, 1987 Council Meeting, the Maintenance Foreman presented a proposal to have a water presure alarm installed at City Hall and at a private residence. This alarm would replace the alarm that was maintained for many years at Butch Eder's house. This matter was tabled until more information and options were available. This matter was referred to the City Engineer in December. City Engineer Bohrer passed out his correspondence dated February 2, 1988 which outlined four options and their estimated costs for providing the new alarm system for the Old Village Water System. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1988 PAGE 8 The City Council preferred Option #3 (solid State Pump Control; High j and Low Level Alarm Mounted on Pump house Roof) as outlined in the Engineer's letter of February 2, 1988. Hugh Madsen asked if a timer could be put on the siren. M/S/P Graves/Moe - to authorize the City Engineer to prepare specifications and receive bids on the Option #3 system as stated in his letter of February 2, 1988. (Motion carried 5-0). Hugh Madsen volunteered to look for a Water Advisory Commission comprised of 5 members who are on City water to look into the water system becoming self-sufficient. M/S/P Graves/Moe - to establish a Lake Elmo Water Advisory Committee, comprised of 5 members, with Hugh Madsen as Chairman to look into increasing water assessments in order for the water system to become self-sufficient and report back to the City Council with their findings. (Motion carried 5-0). 8. STAFF REPORTS A(1). City Administrator --Report from City Attorney The City Attorney was asked to make a determination if the City was required by State Statutes to have a City Clerk. No report was received. Mayor Christ expressed no desire to hire anyone but a City Administrator. The Council agreed to this and; therefore, cancelled the request. (2) Job Description for City Administrator M/S/P Graves/Moe - to direct Deputy Clerk Kueffner, with assistance from Councilman Johnson, to obtain City Administrator job descriptions from other cities and work it into a form that would be acceptable to the City Council and brought to the next City Council meeting. (Motion carried 5-0). (3) Interview Process The City Council has narrowed the finalists for this position doW(t)to 13 applicants and letters will be written to the applicants thanking them for applying. The Council will decide at the March 1st meeting on who they will be interviewing. There was discussion on the salary range--$30,000 has been set in the budget for the City Administrator's salary. A copy of the Stanton report on salaries from comparable cities to Lake Elmo will be provided for the Council. A package will be made up condensing the benefits and salary offered by the City. B. Recycling Update Deputy Clerk Kueffner passed out three bids that were received on January 5, 1988 and were supposed to be discussed at the January 19th meeting, but didn't because of an early adjournment. The consensus of LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 2, 1988 PAGE 9 the Council was to award the one year contract to TMT, but a formal motion to that effect was needed for the records. M/S/P Moe/Graves - to award a one-year curb-side'recycling contract to TMT based on a once -a -month pickup at the rate of 45 cents per household. Furthermore, the City Administrator/Attorney is instructed to draft a contract for this program which will be signed by the Mayor and City Administrator. (Motion carried 5-0). C. I-94 Overlay District Deputy Clerk Kueffner pointed out that boundaries were not defined in the I-94 Overlay District Ordinance. Councilman Graves, having worked on the Overlay District when he was on the Planning Commission, will research this and come back with a recommendation for the next City Council meeting. D. Comprehensive Plan People are coming in with applications for development and the question has come up as to what Comprehensive Plan we are under--1979 or 1986. Marge Williams stated that the Metro Council has approved the Goals and Policy statements which are the first 29 pages, but the appendixes have not been approved. Mary will work with the Metro Council to get this resolved. E. Acting City Administrator The Council suggested that Mary Kueffner be officially made Acting City Administrator until the.Council hires a City Administrator. Additional compensation will be given for this period of time; retroactive to January 1st, 1988. M/S/P Armstrong/Graves - to make Mary Kueffner the Acting City Administrator until the Council hires a City Administrator; recognizing thus will be an increase in compensation during this period of time. (Motion carried 5-0). F. Office Procedures Bob Overby had brought up the concern to City Attorney Knaak on who has access to City Hall and what potential problems could arise. The Council felt that the official documents of the City should be locked up, but maps and the copier should be accessible for work committees. Councilman Johnson suggested a temporary clerk come in and help with filing and clerical work. M/S/P Johnson/Moe - to adjourn the City Council meeting at 11:45 p.m. (Motion carried 5-0). Since we do not have time to discuss every point presented, it may seem that decisions are preconceived. However, background information is provided for the City Council on each agenda item in advance from City Staff and appointed Commissions; and decisions are based on this information and past experiences. In addition, some items may also have been discussed at previous Council meetings. If you are aware of information that hasn't been discussed, please fill out a "Request to Appear Before the City Council" slip; or, if you came late, raise your hand to be recognized. Comments that are pertinent are appreciated. Items requiring excessive time may be continued to another meeting. AGENDA LAKE ELMO CITY COUNCIL FEBRUARY 2, 1988 1. Agenda 2. Minutes: January 19, 1988 3. Claims 4. Public Inquiries 7:10 p.m. 5. Site G Landfill - Todd Williams 7:45 p.m. 6. OLD BUSINESS A. Planning Commission Appointments B. Parks Commission Appointments C. City Engineer's Contract D. Maintenance Requests 8:00 P.M. E. Lake Jane Landfill Update --County Staff 9:00 - - - - - - - - - - - B R E A K- - - - - - - - - - - - - 9:10 P.M. 7. NEW BUSINESS A. Proposed Changes to Sections 701, 702 & 707 of the Municipal Code B. Appraiser for 47th Street Right -of -Way Acquisition C. Lot Line Adjustment--Dayton/Hudson D. Planning Commission Work Plan E. V.B.W.D. Request for Office Space F. Acoustic Remedy for Council Chambers 8. STAFF REPORTS A. City Administrator -- Report from City Attorney B. Recycling Update