HomeMy WebLinkAbout05-17-2011 CCMLAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 1
MINUTES APPROVED: June 7, 2011
City of Lake Elmo
City Council Meeting Minutes
May 17, 2011
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members Emmons, Park, Pearson, and Smith
Also Present: Administrator Messelt, Attorney Snyder, and City Engineer Griffin,
Planning Director Klatt, Finance Director Bouthilet and City Clerk Lumby.
APPROVAL OF AGENDA:
MOTION: Council Member Pearson moved to approve the May 17, 2011 City Council
Agenda as amended. Move Agenda Item No 11 to Consent and Item No. 6 to the Regular
Agenda. Move Agenda Item No. 13 to workshop. Council Member Park seconded the
motion. The motion passed 5-0.
ACCEPTED MINUTES:
The May 3, 2011 City Council minutes, as amended, were accepted by consensus of the
City Council.
PUBLIC COMMENTS:
David Moore, 8680 Stillwater Blvd., made Council aware of a vacant house in disrepair
located on 10th Street and Inwood Avenue N. Planner Klatt will follow-up on complaint.
CONSENT AGENDA:
MOTION: Council Member Park moved to approve agenda items Nos. 2, 3, 5, 7, 8, 9, 10
& 11 as presented on the Consent Agenda. Council Member Pearson seconded the
motion. The motion passed 5-0.
Approve Payment of Disbursements and Payroll in the amount of $247,137.15
Approve Resolution No. 2011-019, Accepting the Bids and Awarding a Contract
to Pearson Brothers, Inc. for the 2011 Seal Coat Project per the Engineer Letter of
Recommendation for the Award of the Contract
Approve the one-day temporary liquor license (June 25, 2011) to Michael
Swanson, Team Ortho Foundation, Inc. to serve beer at Green Acres located at
8989 55th Street N.
Approve the hiring of Logan Weir for Temporary Seasonal Employment at the
same pay rate as 2010
LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 2
Authorize contract with Miller Excavating for the Sunfish Lake Parking Lot
Improvements for $3,060.00
Approve Easement Encroachment Agreement for 5769 Linden Avenue N. to
install a retaining wall within a drainage and utility easement
Approve Easement Encroachment Agreement for 9590 Whistling Valley Trail to
install a fence within a drainage and utility easement
Authorize the City to enter into a contract with Coverall of the Twin Cities for
cleaning services for City Hall and City Hall Annex
REGULAR AGENDA:
Appointment to the Maintenance Advisory Committee
MOTION: Council Member Smith moved to appoint David Moore, 8680 Stillwater Blvd.
N. to the Maintenance Advisory Committee. Council Member Emmons seconded the
motion. The motion passed 5-0.
Approve Resolution No. 2011-020 granting a 50’ variance to allow a septic
system to be built at 8242 Hidden Bay Trail with conditions
The City Council was asked to consider a variance request to allow a septic system to be
constructed 25-feet from the Ordinary High Waterline of Olson Lake, where a 75 foot
setback is required at 8242 Hidden Bay Trail. The Planning Commission unanimously
recommended approval of this variance.
In 2002, a variance was approved for home and garage additions with two conditions.
One condition was deletion of the proposed second driveway access for the lower garage
stalls. The 2011 proposed septic plan still shows two driveways, but one is gravel. The
City Planner will review if there be enough room for a septic system if one driveway was
removed.
MOTION: Council Member Smith moved to approve Resolution No. 2011-020 granting
a 50-foot variance to allow a septic system to be built at 8242 Hidden Bay Trail. Council
Member Park seconded the motion.
MOTION: Council Member Emmons moved to amend the motion contingent on staff
verifying past requirements have been addressed. Council Member Smith seconded the
motion. The motion passed 5-0.
MOTION: Council Member Smith moved to approve Resolution No. 2011-020 granting
a 50-foot variance to allow a septic system to be built at 8242 Hidden Bay Trail
contingent on staff verifying past requirements have been addressed. Council Member
Park seconded the motion. The motion passed 5-0.
LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 3
Authorize Contracting for Professional Services for HR/Organizational & Personnel-
Related Matters
On April 19th 2011 the City Council directed staff to re-advertize the RFP. The RFP was
posted on the League of MN Cities’ website. Three additional proposals were received.
The City Council was requested to authorize a contract for Professional Services to
address certain organizational and personnel-related matters, as recommended by the
Personnel Subcommittee. The project is of limited scope and sufficient budgetary
resources exist within the current annual budget to cover the anticipated cost.
The Personnel Committee reviewed and rated the four proposals submitted: Baker Tilly,
Springsted, Laumeyer, and Flaherty & Hood. Springsted Inc. was rated the highest.
MOTION: Council Member Smith moved to authorize the Mayor and City Administrator
to contract with Springsted, Inc. for Professional Services to address certain
organizational and personnel related matters at a cost not to exceed $7,250 with all
reports from the Springsted study sent to the City Administrator as well as Council
Member Smith, Budget/Finance Subcommittee Member, and Council Member Emmons,
Personnel Subcommittee Member. The motion passed 4-1 (Mayor Johnston voting
against).
Commercial Water Rate Review
The City Council was asked to discuss staff’s evaluation of proposed alternatives to the
City’s water rate structure to potentially address identified concerns with respect to large
commercial water users.
Some of the identified potential alternatives to Conservation Rates include the following:
Seasonal Rates, Individualized Goal Rate (Water Budget Rate), and Excess Use Rates
Of the alternatives identified, staff recommended Council consideration of continuing
with a modified existing rate structure, but perhaps capping the gallons used to 150,000
gallons. All domestic water consumed above 150,000 gallons would revert to the City’s
Bulk water rate of $3.26/one thousand gallons. Staff suggested that the domestic water
customer would have to demonstrate little or no irrigation use or install a separate
irrigation meter.
The new commercial structure would be as follows:
0 - 15,000 gallons $3.11
15,002 - 30,000 gallons $3.26
30,001 - 50,000 gallons $3.77
50,001 - 80,000 gallons $5.00
80,001 - 150,000 gallons $6.63
150,000+ $3.26 (Domestic, non-irrigation usage only)
LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 4
Under this scenario, nine customers are identified as potentially benefitting from a
domestic cap at 150,000 gallons. The net revenue reduction would be $5,258.30 to the
Utility for the utilized September 2010 billing period, or an approximate 9.7% reduction
in revenues for that period.
Moe French, Wildwood Lodge and Machine Shed, provided water rates from
surrounding communities and asked Council to consider they are competing with other
businesses and implement incentive for irrigation. Ms. French stated Wildwood would
like to pay their water bill, but are waiting for somebody to inform them if the lower rates
would be retroactive.
John Schiltz, Lake Elmo Inn, stated it’s not the commercial businesses’ fault the City has
not developed and added more water users. He stated commercial business in Lake Elmo
pay high enough taxes and asked the Council to look at the rates the surrounding
communities charge.
After Council discussion, the Council asked Ms. French to submit her background
information to the Council so they can review and discuss it at the May 24th workshop.
MOTION: Council Member Smith moved to table this item until the May 24th City
Council Workshop. Council Member Pearson seconded the motion. The motion passed
5-0.
Update on Library Service Considerations
This item has been scheduled at the request of the Council in order to keep the Council
and Community abreast of efforts to retain and enhance library services for the City.
On May 9th, City staff met with County and Library representatives to discuss ongoing
concerns over likely cuts in State assistance potential repercussions for the Library
system and the Rosalie E. Wahl Library.
Council Member Smith had talked to Pat Conley, Washington County Library Director,
who was willing to come and discuss library services for the City. According to Molly
O’Rourke, Deputy Administrator for Washington County, funding of boutique libraries is
still included in the county budget; however the unknown level of state revenues this year
could cause additional cuts in expenditures.
The Council discussed the key timelines to consider:
July 1st – Notification to Washington County to allow them to create new taxing
districts
September – City must establish levy amounts for preliminary budget
December – City must adopt final levy and budget
LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 5
City Attorney Snyder provided information from a legal perspective if the City wants to
establish and maintain a public library service.
MOTION: Council Member Emmons moved to explore the City managing the local
library with Washington County that could operate within available funds ($248,000)
from current levy amount. Mayor Johnston seconded the motion. The motion passed 3-2
(Council Member Smith and Pearson voted against because it was a waste of staff time
for pursuing the business model for an independent library because residents rely heavily
on other libraries throughout the system.)
Lake Elmo Avenue Infrastructure Project – I-94 to 30th – Resolutions Accepting Bids and
Awarding a Contract
The City Council was requested to consider approving a Resolution accepting bids and
awarding the contract for the Lake Elmo Avenue Infrastructure Project, I-94 to 30th
Street. TKDA provided a bid tabulation worksheet and a letter of recommendation for
the award of the contract. The contract documents allow the City to retain these bids
together with their bid security for a period of 60 days (June 19, 2011), before the City
must either award the project or reject all bids.
Administrator Messelt, reported the City received official notification from the
Metropolitan Council stating they have extended the intermediate deadlines for sewered
development to December 31, 2014.
Permanent and temporary utility easements are required from nine separate parcels under
the ownership of six property owners. City Attorney Snyder and City Engineer Griffin
reported that Trans City Investments has no interest in easement dedication without
compensation and Cimarron has not agreed to negotiate with the City.
The consensus of the Council was in order to make an informed decision on the proposed
project, it needed to know the cost for obtaining utility easements on the impacted
properties.
MOTION: Mayor Johnston moved to direct staff to pursue an appraiser at a cost of
$3,000-$5,000 to estimate the cost for obtaining easements on the impacted properties.
Council Member Smith seconded the motion. The motion passed 5-0.
City Council Reports:
Administrator Messelt reported on his meeting with Peter Tiffany regarding five data
points on the MPCA/Washington County Landfill Remedial Project. Messelt has asked
Ryan Stempski and Carol Kriegler to work with Mr. Tiffany.
LAKE ELMO CITY COUNCIL MEETING MAY 17, 2011 6
Jack Griffin, City Engineer, reported on the outstanding items in the Sanctuary
development, plus addressed the decisions that were made in regard to other items that
some residents perceived as incomplete, i.e., the park. Griffin also gave a status update
on Prairie Hamlet.
City Planner Klatt introduced Nick Johnson, Planning Intern for 2011.
The City Council adjourned the meeting at 9:40 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
Resolution No. 2011-019 Accept bids and Award Contract to Pearson Brothers, Inc. for
the 2011 Seal Coat Project
Resolution No. 2011-020 Granting a 50’ variance to allow a septic system to be built at
8242 Hidden Bay Trail