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Home My WebLink About11-01-2011 CCMLAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011 1 MINUTES APPROVED: November 15, 2011 City of Lake Elmo City Council Minutes November 1, 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: Interim Administrator Dawson, City Engineer Griffin, Attorney Snyder, Planning Director Klatt and City Clerk Lumby. APPROVAL OF AGENDA: MOTION: Council Member Pearson moved to approve the November 1, 2011 City Council agenda, as amended by adding Item #17 Extension of Scope of Services by C&J Consulting Services. Council Member Smith seconded the motion. The motion passed 4- 0. ACCEPTED MINUTES: The City Council accepted the October 18, 2011 City Council Meeting Minutes, as amended. PUBLIC COMMENTS/INQUIRIES: MOTION: Council Member Smith moved to promote Larry Cornell and Peter Ziemer from Probation to Firefighter on the Lake Elmo Fire Department. Council Member Emmons seconded the motion. The motion passed 4-0. CONSENT AGENDA: MOTION: Council Member Smith moved to approve Consent Agenda. Council Member Pearson seconded the motion. The motion passed 4-0. Approve payment of disbursements and payroll in the amount of $250,084.15 Adopt Ordinance No. 08-050, An Ordinance to Allow the City Council to extend “No-Wake” requirements under the Water Surface use Ordinance. Approve Partial Payment No. 2R1 in the amount of $45,692 to be paid from the Project Fund for the 2011 Seal Coat Project Accept extension letter submitted Mr. Durand for Variance Application at 2860 Lake Elmo Avenue N. Adopt Resolution No. 2011-049 approving 2012 Utility Assessment Roll for Delinquent Storm Water Receive General Fund Report for 3rd Quarter, 2011 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011 2 REGULAR AGENDA: Consider an application for a variance to permit the construction of a screen porch at 2679 Legion Avenue N. The City Council was asked to consider a variance application from Alan and Ralea Kupferschmidt, to allow the construction of an expanded screen porch to the south side of their home at 2769 Legion Avenue North. A variance has been requested because their lot abuts a dedicated, but unimproved publicly dedicated road right-of-way with significant City infrastructure. This lot is considered a corner lot and is subject to a 25 foot corner, side yard setback instead of the 10-foot setback if the property was adjacent to another residential property line. They are proposing to encroach no closer than 15- feet to this southern property line where the 25 foot setback is applied. MOTION: Council Member Pearson moved to approve Resolution No. 2011-50 approving the 10-foot variance to the southern property line requested for 2769 Legion Avenue North. Council Member Smith seconded the motion. The motion passed 4-0. Resolution No. 2011-051 drafted by City Attorney re:library associated status w/Washington County Library System The City Council directed a resolution be prepared laying out the reasons for and requesting associate library status with the Washington County Library System. Council requested that this resolution be scheduled for consideration at its November 1st meeting. Assistant City Attorney Kevin Sandstrom drafted the proposed Resolution. MOTION: Council Member Pearson moved to adopt Resolution No. 2011-051, as amended, requesting association between the City of Lake Elmo Library and the Washington County Library System. Mayor Johnston seconded the motion. The motion passed 4-0. Reconsideration of Appointments to Library Board Mayor Johnston requested reconsideration of the appointments made to the Library Board to ensure that a member of the City Council serves on the initial five-member Board. Staff reminded Council that its resolution establishing the Board allows for one Council member to serve on the Board, and thus may provide a direct link between the Council and the Board. None of the Board members or alternates have been sworn-in and officially performing his or her duties. Swearing-in will occur on the first meeting of the Board, which is scheduled for November 9, 2011. Based on the Library Board By-Laws, the Lake Elmo Library Board will be a governing board rather than an advisory board. This was a surprise to some Council Members; therefore; Council discussed increasing its involvement on the Board and looking into ways the Board could function more as an advisory board. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011 3 MOTION: Mayor Johnston moved to appoint Mike Pearson to a two-year term on the Library Board and remove the nomination of Larry Green. Council Member Pearson seconded the motion. The Motion passed 4-0. Lake Elmo Library – Cost Estimate for 2012 by Location According to statutes regarding Library Boards, the Board has responsibility if it chooses to rent space or request to use existing public facilities. The Council directed preparation of estimates to operate the library in either the Art Center or the existing Rosalie A. Wahl library building. Craig Dawson, Interim City Administrator reported the major difference in the cost estimates between the facilities is on-going rent for the Rosalie A. Wahl Library facility. While the estimates show the Art Center to be more expensive in the first year, it annual cost would be reduced by the $31,800 in structural improvements needed there for 2012. MOTION: Council Member Emmons moved to consider: Joint meeting with the Library Board at its scheduled meeting at 7:00 p.m. November 9th Explore ways for the Library Board to function more as an advisory board rather than an autonomous governing board Expedite a meeting between Washington County and the Council’s Library Subcommittee (Mayor Johnston and Council Member Pearson) to gain an associate/affiliate status with Washington County Library The Art Center is the preferred location for the library, provided that sufficient construction cost reductions can be achieved, with the current downtown Lake Elmo Avenue library location as the fall-back site for the library Look at reductions in three costs areas that may achieve $60,000 less in expenditures in 2012 Prefer that the Library’s budget include a designation of 10 percent of funds for future site acquisition, and 5 percent for contingency Council Member Pearson seconded the motion. The motion passed 3-1 (Council Member Smith voting against.) Special Event Permit Ordinance The City Council considered adopting a new ordinance to regulate special events within the City. The Council reviewed a revised ordinance at its September 13, 2011 workshop and at that time, direct staff to prepare the ordinance for consideration at a future meeting. The requested revisions have been made and the ordinance was presented for formal Council action. Based on the discussion at the workshop meeting, Planning Director Klatt made two significant changes to the ordinance as follows: LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011 4 A minimum threshold of 100 people per day has been established in order for an event to quality as a “Special Event” under the ordinance. The process for an administrative review and approval has been removed so that all permits are now subject to review and approval by the City Council. Kyle Klatt explained a Special Event Permit is intended to provide some regulation of temporary events on a case-by-case basis and is intended to promote the orderly, compatible, and safe use of property for temporary special events and to assure adequate provisions of parking, traffic, sanitary facilities, utilities, public safety services and peace and tranquility of residential neighborhoods. Using Country Sun Farms as an example, Klatt clarified as the way this ordinance is written, the concept for allowing special activities for Agricultural Sales applies only to Ag Sales and would not apply to Ag Entertainment that takes place on premises. Country Sun Farm has an Interim Use Permit for Ag sales and Ag Entertainment. They would have to apply for a Special Use Permit for Non-Ag Sales and meet the criteria for approval. MOTION: Council Member Pearson moved to adopt Ordinance No. 08-054 adding Temporary Special Event Permits. Council Member Emmons seconded the motion. The motion passed 4-0. MOTION: Council Member Pearson moved to adopt Resolution No. 2011-054 for publication. Council Member Emmons seconded the motion. The motion passed 4-0. 2012 Capital Improvement Plan CIP – Discussion on Major Projects Jack Griffin, City Engineer, presented an overview of major Capital Improvement Projects scheduled for 2012 construction. Major infrastructure projects planned for 2012 include (per the 2011-2015 CIP): 2012 Street & Water Quality Improvements 2012 MSA Street Improvements (Keats Avenue N.) Keats Avenue N. Trunk Watermain 2011 CIP projects NOT completed in 2011 include: Well and Pumphouse No. 4 I94 to 30th Street Trunk Sewer Project A final version of the 2012-2016 CIP will be brought forward for Council approval at a future meeting. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011 5 Health Insurance Funding The City Council decided that the City’s cost for employee health insurance would not increase from 2011-2012. It identified $16,000 to be used for specific one-time salary adjustments with the overriding concern that it enhances the ability of the City to retain and recruit employees for those positions. The City has received quotes for insurance plans, and City employees have indicated their preference for one that would increase the City’s costs $3,114 over 2011. The Council was asked to approve participation in the Blue Cross Blue Shield Aware Gold plan through the Southwest West Central Service Cooperative. MOTION: Council Member Pearson moved to authorize renewal of employee health insurance for 2012 through the Southwest/West Central Service Cooperative and to select the Blue Cross Blue Shield Aware Gold Plan. Council Member Emmons seconded the motion. The motion passed 4-0. Cancel November 8th Council Workshop due to School Election MOTION: Council Member Emmons moved to cancel the November 8th Council Workshop due to the scheduled School Elections on that date. Council Member Pearson seconded the motion. The motion passed 4-0. Extension of Scope of Services by C&J Consulting Services, LLP The Finance Department (Interim Finance Director and C&J Consulting Services, the support services contractor) have reviewed the scope of services performed. Some shifting of clerical work among the C&J staff and the addition of analytical/project management functions would provide the most cost-effective arrangement to handle the work necessary in the Finance Department. The additional services will be assigned by the Interim Finance Director as needed. MOTION: Council Member Emmons moved to approve the modification of the contract between the City and C&J Consulting Services, LLP per its proposal dated October 31, 2011. Council Member Pearson seconded the motion. The motion passed 4-0. REPORTS: Council Member Pearson suggested the Planning Commission review signage in the downtown area. Planner Klatt responded signage will be reviewed when the Old Village standards are developed Planning Director Kyle Klatt will provide information at the next meeting on planning services to assist the planning department due to the departure of Planner Matzek. The Council adjourned the meeting at 10:10 p.m. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 1, 2011 6 Respectfully submitted by Sharon Lumby, City Clerk Resolution No. 2011-049 approving 2012 Utility Assessment Roll for Delinquent Storm Water Resolution No. 2011-050 Kupferschmidt -10’ variance to the southern property line requested for 2769 Legion Avenue N. Resolution No. 2011-051 requesting association between the Lake Elmo Library and the Washington County Library System Resolution No. 2011-052 Approve Publication of Ordinance No. 08-051 Ordinance No. 08-050, An ordinance to allow the City Council to extend “No-Wake” requirements under the Water Surface Use Ordinance Ordinance No. 08-051 adding Temporary Special Event Permits