HomeMy WebLinkAbout04-05-2011 CCMLAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2011 1
MINUTESAPPROVED: April 19, 2011
City of Lake Elmo
City Council Minutes
April 5, 2011
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members Emmons, Pearson, and Smith
Absent: Council Member Park
Also Present: Administrator Messelt, Attorney Snyder City Engineer Griffin, Planner
Klatt, Joe Rigdon, KDV; Finance Director Bouthilet and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member Smith moved to approve the April 5, 2011 Council agenda,
as amended. Removed Item #3 and #7 from the Consent Agenda for discussion and table
#9 until there is a full Council in attendance. Council Member Pearson seconded the
motion. The motion passed 4-0.
ACCEPTED MINUTES:
1. The March 15, 2011 City Council minutes were accepted by consensus of the
Council.
2. The March 8, 2011 City Council minutes: Mayor Johnston requested the
following sentence to be added: “The City Attorney referred to a second legal
opinion that he had in his possession, however he did not provide copies to the
Council”. Discussion ensued.
MOTION: Council Member Smith moved to table the March 8, 2011 City
Council Minutes until Council Member Park is in attendance and request
verbatim clarification. Council Member Pearson seconded the motion. The
motion passed 3-1 (Mayor Johnston voted against the motion).
PUBLIC COMMENTS/INQURIES:
Sara Halverson introduced herself as the new sergeant liaison between the Sheriff’s
Office and the City of Lake Elmo. Sara has taken over for Kyle Scheneck.
CONSENT AGENDA:
MOTION: Council Member Smith moved to approve Items 4, 5 and 6 on the Consent
Agenda. Council Member Pearson seconded the motion. The motion passed 4-0.
LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2011 2
Approve Resolution No. 2011-012 Authorizing City Funds Be Set Aside For The
State Matching Grant For Water System Improvements
Approve Resolution No. 2011-013 Authorizing City Funds Be Set Aside For The
State Matching Grant For Wastewater System Improvements
Approve Resolution No. 2011-014 Approving the Plans and Specifications and
Ordering Advertisement For Bids For The 2011 Seal Coat Project
Approve disbursements and payroll
Council Member Smith asked and received clarification on several claims.
MOTION: Council Member Smith moved to approve disbursements and payroll in the
amount of $118,372.15. Council Member Pearson seconded the motion. The motion
passed 4-0.
Direct Staff to Undertake the Following Actions With Respect To The City’s Storm
Water Management Utility Ordinance and The Calculation of the Utility Factor for
Parcels Classified as Agriculture; Ordinance No. 08-041
The City Council was asked to consider the recommendation of the 2010 Budget/Finance
Subcommittee to amend the City’s Storm Water Management Utility Ordinance to
address the calculation of the utility factor for parcels classified as agriculture.
Council Member Smith favored the staggering option so residents could be prepared for
the increase to a higher rate.
MOTION: Council Member Pearson moved to adopt Ordinance No. 08-041, Water
Management Utility Ordinance and the Calculation of the Utility Factor for Parcels
Classified as Agriculture. Council Member Emmons seconded the motion. The motion
passed 4-0.
REGULAR AGENDA:
Lake Elmo Fire Department Personnel Actions
Promotion from Probationary Firefighter to Firefighter:
Fire Chief Malmquist requested the Council to promote Amanda Haire from Probationary
Firefighter to Firefighter.
MOTION: Council Member Emmons moved to promote Amanda Haire from
Probationary Firefighter to Firefighter. Council Member Pearson seconded the motion.
The motion passed 4-0
LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2011 3
Officer Promotions
Fire Chief Malmquist requested the City Council consider promotions to fill the two
vacant positions of Safety Officers; one for each Fire Station, as recommended by the
Personnel Subcommittee. The Budgetary impact of such a decision is $540 for the
remainder of FY 2011 and, at current remuneration of $59.21 per month, or $710.52 per
annum.
MOTION: Council Member Smith moved to approve the promotion of Brian Hauser and
Nick Witter to Safety Officers. Council Member Emmons seconded the motion. The
motion passed 4-0.
Filling of Vacant Administrative Fire Fighter/Assistant Position:
Fire Chief Malmquist requested the Council fill the vacant Fire Fighter/Administrative
Assistant position at a proposed wage of $13.50 per hour, due to the additional role of
“on call” firefighter. At 50% time, the net budgetary increase is $6,500 per year, or
$4,875 for the remainder of FY 2011.
MOTION: Council Member Smith moved to approve Advertizing and solicitations of
applications for the position of Firefighter/Administrative Assistant Position. Mayor
Johnston seconded the motion. The motion passed 3-1 (Council Member Pearson voted
against).
Zoning Text Amendment: Consideration of Ordinance 08-040 to allow a Park and Ride
as a Conditional use Permit in the HD-RR-LB District
MOTION: Council Member Smith moved to table this agenda item until the April 19th
Council Meeting or when there is a full Council in attendance. Council Member Emmons
seconded the motion. The motion passed 3-1 (Mayor Johnston voting against).
Lake Elmo Avenue Infrastructure Project from I-94 to 30th Street – Lisbon Avenue Lift
Station Resolution Approving the Consent to Enter and waiver of Trespass Agreement
The City Council was asked to approve the “Consent to Enter and Waiver of Trespass
Agreement” with the Elmo View Townhome Association for the Lake Elmo Avenue
Infrastructure Project I-94 to 30th Street. At Council direction, this Sanitary Lift Station
is to be located on City owned property just north of 30t Street and east of Reid Park.
The placement of the Lift Station as this site requires the acquisition of both a temporary
and permanent utility easement from the Elmo View Townhome Association to
accommodate the construction and ongoing maintenance of the connecting force main,
gravity sewer and water main utility pipelines.
McKinzie Metro Appraisal was retained by the City to determine the fair market value of
the required easements and forwarded the fair market value of $15,000 as an offer to the
Elmo View Townhome Association. The Townhome Association requested that the
LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2011 4
provision of the easements be postponed until after the project, the Elmo View
Townhome Association has agreed to provide the City with a “Consent to Enter and
Waiver of Trespass Agreement” to allow the project to be constructed across the
Association property. Per the terms of the agreement, the value consideration to be
provided for the easements will be determined at some point in time after the project has
been constructed.
MOTION: Council Member Pearson moved to approve Resolution No. 2011-015,
Approving the Consent to Enter and Waiver of Trespass Agreement with the Elmo View
Townhome Association for the Lake Elmo Avenue Infrastructure Project I-94 to 30th
Street. Council Member Emmons seconded the motion. The motion passed 4-0.
Review of End-Of-Year 2010 General Fund Budget (Unaudited)
Joe Rigdon, KDV, provided a summary of the now-closed 2010 General Fund
(unaudited) Budget. The Council questioned some of the findings identified in the
budget. Joe will have time to answer any questions from the Council.
The Council considered the following:
MOTION: Council Member Pearson moved to approve the proposed $5,000 Budget
Adjustment to allow for Lake Elmo’s participation in the newly formed Regional
Economic Development Partnership. Council Member Smith seconded the motion. The
motion passed 4-0.
MOTION: Council Member Smith moved to recommend that the Maintenance Advisory
Committee, with the assistance of City staff and outside financial advisors, if needed,
review the overall vehicle replacement/assessment program for the City and prepare a
report for the Council with respect o funding options, to include annual City budgeting
for vehicle replacement and or payments toward vehicles to be purchased via financing
or leasing. Council Member Pearson seconded the motion. The motion passed 4-0.
The Budget Subcommittee recommended that the Personnel Subcommittee take a look at
compensation class evaluation and the potential of a 1% employee bonus, based on the
2011 performance reviews in the Fall.
The Council requested discussion at the April 12th Council workshop on the proposed
purchase of software for Public Works for inventory and maintenance of all municipal
street signs and the proposed purchase of software by Planning (Building Codes and
Code Enforcement) & Administration to track and manage citizen-staff-Council
originated issues requiring follow-up or response.
LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2011 5
Consideration of Amending Water Rates on Larger Commercial Customers
The City Council was asked to consider directing City Staff to further escalate and
prepare for Council review possible changes to the City’s Water rate structure to address
identified concerns with respect to large Commercial users. In particular, the following
steps are re commended:
Evaluation of large commercial water users by amount of water utilized and
across a longer timeframe.
Survey of comparable water systems (but not necessarily limited to neighboring
water systems) as to rate structures and any distinct commercial rate structures.
Analysis for domestic water use versus irrigation use on identified disparities;
Discussion with the State with respect to water conservation requirements on
large commercial water users; and
Preparation for Council consideration of any proposed Ordinance changes or
alternatives to the current water rate structure for larger commercial water
customers.
Review sanitary sewer fees for large commercial water customers, such as hotels.
Moe French, manager of the Wildwood Lodge on Hudson Boulevard brought the issue to
the Council’s attention after seeing a near-twofold increase in the hotel’s water bill. She
asked the Council to recognize that Wildwood Lodge is the only hotel in the City and is
being penalized for being the kind of business they are.
MOTION: Council Member Pearson moved to direct City Staff to further evaluate and
prepare for Council review possible changes to the City’s Water rate structure to address
identified concerns with respect to large Commercial water users. Mayor Johnston
seconded the motion. The motion passed 4-0.
City Council Reports:
Council Member Emmons, who serves on the Personnel Committee, asked that in light of
the communication issues between senior staff and the City Council, if the Council was
interested in holding a workshop or invite a facilitator to set defined roles for the
subcommittees.
MOTION: Council Member Emmons moved to schedule a workshop on April 26th
dedicated to discussion of internal issues and define subcommittee roles. Mayor
Johnston seconded the motion. The motion passed 4-0.
The Council adjourned the meeting at 9:40 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2011-012 Authorizing City Funds to be set aside for the State matching
grant for Water System Improvements
LAKE ELMO CITY COUNCIL MINUTES APRIL 5, 2011 6
Resolution No. 2011-013 Authorizing City Funds be set side for the State matching grant
for Wastewater System Improvements
Resolution No. 2011-014 Approving the Plans and Specifications and Ordering
Advertisement for Bids for the 2011 Seal Coat Project
Resolution No. 2011-015 Approving the Consent to Enter and Waiver of Trespass
Agreement with the Elmo View Townhome Association for the Lake Elmo Avenue
Infrastructure Project I-94 to 30th Street
Ordinance No.08-040 Tabled until the April 19th Council Meeting
Ordinance No. 08-041 Water Management Utility Ordinance and the Calculation of the
Utility Factor for Parcels Classified as Agriculture