HomeMy WebLinkAbout01-17-2012 CCMMINUTES APPROVED FEBRUARY 8, 2012
LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2012 1
City of Lake Elmo
City Council Minutes
January 17, 2012
Mayor Johnston called the meeting to order at 7:05 p.m.
PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, and Smith
Also Present: Interim Administrator Dawson, Attorney Snyder, City Engineer Griffin,
Planning Director Klatt, Interim City Clerk Luczak
APPROVAL OF AGENDA:
MOTION: Council Member Park moved to approve the January 17, 2012, City Council
Agenda. Council Member Pearson seconded the motion. The motion passed 5-0.
MOTION: Council Member Pearson to amend the Agenda to allow Chief Malmquist to
finish the Fire issues presentation from the immediately preceding Council Workshop,
and to add Item No. 11 to discuss the consideration of the purchase of a building for the
Library. Council Member Park seconded the motion. Motion passed 5-0.
ACCEPTED MINUTES:
The January 10, 2012, City Council minutes were accepted by consensus of the City
Council.
The January 3, 2012, City Council minutes were accepted by consensus of the City
Council.
REPORTS:
Chief Malmquist recapped the Fire Dept. Study presentation and requested the Council to
provide direction to the Fire Dept. The Chief stated that Fire CIP issues need to be made
in the context of the City’s Comprehensive CIP, and funding sources needed to be
recognized for implementation.
Council members discussed fire services as a good expenditure, that several studies had
been done in the past and no action was taken, and public safety and welfare is why
people pay taxes. The Council directed Staff to review the CIP and begin the process for
the 2012-17 CIP in a few months.
MINUTES APPROVED FEBRUARY 8, 2012
LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2012 2
MOTION: Council Member Park moved to direct the Fire Chief and his Staff present to
the City Council a report with costs for a potential CIP at a Council Workshop for Public
Safety. Council Member Smith seconded the motion. The motion passed 5-0.
PUBLIC COMMENTS:
Justin Bloyer, 8881 Jane Rd., commented about transparency and integrity of the City
Council regarding the recent Closed meetings focused on a possible Library building.
City Council Reports:
Mayor Johnston reported that he attended the regional Council of Mayors meeting where
the connection of the land use and transportation corridors was featured. He also reported
that the Fiscal Disparities program is to be reviewed by State Legislature. The Mayor also
reported that he attended the Gateway Corridor meeting, which had an analysis of
alternatives regarding light rail location and park-and-ride sites; he encouraged Council
to attend the future meetings regarding the Gateway Corridor.
Interim City Administrator Dawson reported that the new City Administrator Dean
Zuleger’s contract was executed and his start date will be Monday, January 30, 2011.
City Attorney Snyder informed the Council that the land detachment item would be
discussed in the Closed session.
City Engineer Griffin updated the Council about the chlorination of Well No. 2, and the
feasibility reports on Demontreville and Keats Avenue.
CONSENT AGENDA:
MOTION: Council Member Smith moved to approve the Consent Agenda. Council
Member Emmons seconded the motion. The motion passed 5-0 .
Approved disbursements in the amount of $197,071.60
RFQ Request for Professional Engineering Services Consultant Pool
REGULAR AGENDA:
Appeal of Ruling regarding Detachment of Land from City of Lake Elmo
Interim City Administrator Dawson updated the City Council regarding the concerns
expressed by residents and individual Council members about the ruling regarding
detachment of land from the City of Lake Elmo.
City Attorney Snyder had received the ruling and had requested the Judge to amend the
findings. He contacted the LMC and general counsel, who at first glance perceived it to
MINUTES APPROVED FEBRUARY 8, 2012
LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2012 3
be an incorrect ruling but that LMCIT is currently evaluating whether to join. Attorney
Snyder stated the City has 30 days to appeal the decision.
Pam Chickett, 5711 Linden Ave. N., supports the City in appealing the land detachment
and requested the residents be kept apprised of the situation. Several of the residents of
the St. Croix’s Sanctuary development do not support the detachment.
The City Council discussed the alternatives and said the City has a decent chance if they
appeal the ruling.
MOTION: Council Member Pearson moved to affirm the action of Staff and authorize
proceeding with the Appeal process on the ruling to detach land from the corporate limits
of the City of Lake Elmo. Council Member Smith seconded the motion. The motion
passed 5-0.
Planning Commission Annual Report 2011
Planning Director Klatt presented to the City Council the annual report summarizing the
Planning Commission and Department in 2011. The report focused on the larger
activities and projects undertaken during the year, and included statistical information
pertaining to the City’s planning activities.
MOTION: Council Member Smith moved to accept the 2011 Planning Commission and
Planning Department Annual Report. Council Member Pearson seconded the motion.
The motion passed 5-0.
Planning Commission 2012 Work Plan
Planning Director Klatt requested the Council to review and accept the Planning
Commission’s annual work plan that the Commission prepared for 2012. He stated that
the work plan prioritized the various projects, the internal planning related activities and
projects that will be undertaken by Staff in 2012. The Old Village, I-94 Corridor and
Comp. Plan updates will play a major role in completing their 2012 goals.
The Council reviewed the plan and provided its comments and suggestions. The City
Council discussed the sign ordinance restrictions and outdoor lighting. Council asked
about any potential analysis on Lake Elmo Avenue regarding routing bus traffic or light
rail, and directed the Planning Commission to report on how the Gateway Study and its
alternatives will affect the City.
MOTION: Council Member Smith moved to accept the 2012 Planning Commission Work
Plan. Council Member Pearson seconded the motion. The motion passed 5-0.
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LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2012 4
2012-2016 Infrastructure Capital Improvement Plan (CIP) – Adopt Plan
City Engineer Griffin requested the City Council to consider adopting the 2012-2016
Infrastructure Capital Improvement Plan. As part of the annual budget process, the City
prepares a five-year CIP for Council approval which was presented to the Council at the
December 6, 2011, meeting. City Engineer Griffin stressed that the first year of the plan
is an indication to Staff to initiate the project implementation process. The Council
retains the ability to postpone or terminate these projects at several points along the way.
The remaining four years are to show infrastructure needs and costs, and are used for
planning purposes. They can be changed each year to respond to the various project
drivers. In particular, the water and sewer projects are needed to respond to projected
future development so they will occur when the development occurs. He recommended
that a Council Workshop be scheduled in mid-summer to take a closer look at the CIP
needs for 2013 and 2014.
Council Members discussed the storm water utility fund and the annual rain garden
program costs, along with the benefits of rain gardens and long-term maintenance
responsibilities.
Interim Finance Director Rigdon discussed the status of the surface water utility revenue
and the funding of the annual Rain Garden Program. With the VBWD Community
matching Grants, the rain garden program accounts for roughly 20% of surface water
utility funds.
City Engineer Griffin stated that if the Rain Garden Program were discontinued, the City
would not realize 100% of the cost savings since there would continue to be Stormwater
related project costs to satisfy VBWD permitting requirements.
MOTION: Council Member Smith moved to adopt the 2012-2016 Infrastructure Capital
Improvement Plan (CIP). Council Member Pearson seconded the motion. The motion
passed 5-0.
MOTION: Council Member Smith moved to adopt the 2012-2016 Infrastructure Capital
Improvement Plan (CIP). Council Member Pearson seconded the motion. The motion
passed 5-0.
Water Supply Well No. 4 – Award Test Well Contract
City Engineer Griffin reported to the City Council that project plans and specifications
have been completed and were sent out to six qualified well drilling contractors. Five
quotes were received. The lowest responsible bid was received by Kimmes Bauer Well
Drilling, Inc. in the amount of $32,765.00. The completion date is February 24, 2012.
MOTION: Council Member Pearson moved to approve the award of a contract to
Kimmes Bauer Well Drilling, Inc., in the amount of $32,765.00 for the construction of
Test Well No. 4. Council Member Smith seconded the motion. The motion passed 5-0.
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LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2012 5
Council Meeting Date Change
Interim City Administrator Dawson stated that when the 2012 Calendar was presented
and approved, the fact that Caucuses are on the regular Council meeting of February 7,
2012, was overlooked.
MOTION: Council Member Pearson moved to approve moving the February 7, 2012,
Council meeting to Wednesday, February 8, 2012, due to Caucuses. Council Member
Emmons seconded the motion. The motion passed 5-0.
Library Possible Purchase of Library Building
Council Member Smith requested the Council to continue discussion about the possible
library site to the February 8, 2012, Council meeting so residents have an opportunity to
provide their input at that time.
Attorney Snyder stated all discussions regarding price would be conducted at a Closed
meeting.
Sarah Linder, 11108 12th St., Library Board Member stated the Library Board takes its
financial responsibility seriously, and is planning to provide more services and hours.
The Library Board unanimously approved the request for a larger space/building.
Justin Bloyer, 8881 Jane Rd., requested the Council offer the opportunity to let the
residents speak prior to a final decision.
The City Council was aware that the Library Board had requested it pursue the
purchasing of a building, discussed the Lee building, wished to act in a timely manner
and be responsible to the residents, and noted that all discussion of a potential offer
would be conducted in a Closed meeting,
MOTION: Council Member Smith moved to continue the possible library purchase
discussion to the February 8, 2012, Council meeting to allow public comment at that
time. Council Member Pearson seconded the motion. The motion passed 5-0.
The Open meeting recessed at10:25 p.m.
The Closed meeting opened at 10:37 p.m.
PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, and Smith
Also Present: Interim Administrator Dawson, Attorney Snyder, Interim Finance Director
Rigdon, and City Engineer Griffin.
The City Council discussed real estate negotiations and the pending litigation.
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LAKE ELMO CITY COUNCIL MINUTES JANUARY 17, 2012 6
The Closed meeting recessed at 11:08 p.m.
The Open meeting reconvened at 11:08 p.m.
City Attorney Snyder summarized the Council’s determinations pending litigation and
the time frame for further action.
MOTION: Mayor Johnston moved to engage the services of Welsh Colliers Companies
for acquisition of property for the library. Council Member Pearson seconded the
motion. Motion passed 4-1, with Council Member Smith voting against.
The meeting adjourned at 11:12 p.m.
Respectfully submitted by Carole Luczak, Interim City Clerk