HomeMy WebLinkAbout11-15-2011 CCMLAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 1
MINUTES APPROVED: December 6, 2011
City of Lake Elmo
City Council Minutes
November 15, 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: Interim Administrator Dawson, City Engineer Griffin, Attorney Snyder,
Joe Rigdon, KDV, Planning Director Klatt and City Clerk Lumby.
APPROVAL OF AGENDA:
MOTION: Council Member Emmons moved to approve the November 15, 2011 City
Council agenda, as presented. Council Member Pearson seconded the motion. The
motion passed 5 -0.
ACCEPTED MINUTES:
The City Council accepted the November 1, 2011 City Council Meeting Minutes, as
amended.
PUBLIC COMMENTS/INQUIRIES: None
CONSENT AGENDA:
MOTION: Council Member Smith moved to approve Agenda Items 2, 3, 4, & 6 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 $185,992.48
Accept the work as recommended by the Assistant City Engineer and approve
Final Payment to Hardrives, Inc. for the Kindred Court Drainage Corrections in
the amount of $35,784.35; to be paid from the General Obligation Improvement
Bonds, Series 2011A
Accept the work as recommended by the Assistant City Engineer and approve
Final Payment to Gopher State Sealcoat, Inc. for the 2011 Crack Seal Project in
the amount of $14,000; to be paid from the Infrastructure Reserve Fund.
Adopt A Fund Balance Policy as presented
Approve Resolution No. 2011-055 Committing Specific Revenue Sources and
Confirming Restrictions for Specified Purposes in Special Revenue Funds
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 2
Adopt Ordinance No. 08-055 revising the Special Event Permit Ordinance to specify the
maximum duration permitted for a special event
The City Council considered a minor revision to the recently adopted Special Event
Permit Ordinance to clarify the maximum duration allowed for a special event. Staff
recommended the ordinance be written to limit events to no more than three consecutive
days in each calendar year (which would cover a weekend long event).
MOTION: Council Member Smith moved to adopt Ordinance No. 08-055 revising the
Special Event Permit Ordinance to specify the maximum duration permitted for a special
event. Council Member Pearson seconded the motion. The motion passed 5-0.
REGULAR AGENDA:
Interim Use Permit: Lake Elmo Sod Farm Christmas Tree Sales lot
The City Council considered an Interim Use Permit from the Lake Elmo Sod Farm, 456
Manning Avenue, to continue operation of a seasonal sales lot from which to sell
Christmas Trees that are grown off-site. The proposed sales lot is part of a larger sod
farm that has been in operation for many years, and that has historically also sold
Christmas Trees for approximately one month during the holiday season. None of the
trees sold on the site are grown on the premises; therefore, and Interim Use Permit is
needed to establish an Agricultural Sales operation, which allows the sale of produce
grown off-site.
MOTION: Council Member Park moved to adopt Resolution No. 2011-053 approving an
Interim Use Permit for a 5 year period for the Lake Elmo Sod Farm to establish a
seasonal Christmas tree sales lot at 456 Manning Avenue. Council Member Pearson
seconded the motion. The motion passed 5-0.
Interim Use Permit: Krueger Christmas Tree Farm to Allow the Supplemental Sales of
Trees Grown Off-site
The City Council considered a request for an Interim Use Permit from Krueger’s
Christmas Tee Farm, 4452 Lake Elmo Avenue North, to allow the sale of Christmas trees
that are grown off-site to supplement the sale of trees that are grown on their farm. The
applicants’ farm has been in operation for nearly 30 years, but due to recent changes in
the zoning ordinance concerning Agricultural Sales Businesses, will need to secure an
Interim Use Permit in order to sell trees to supplement the ones that are grown on their
property.
The Council commented that the Kruger’s Christmas Tree Farm has been in operation for
approximately 30 years. Since staff was not aware of any issues or nuisance conditions
that have been identified in this period of time it recommended a termination date for the
permit set at January 1, 2032 or upon the sale or transfer of ownership in the property,
whichever occurs first.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 3
MOTION: Council Member Emmons moved to adopt Resolution No. 2011-054
approving an Interim use Permit, with a termination date for the permit set at January 1,
2042 or upon the sale or transfer of ownership in the property, whichever occurs first, for
Krueger’s Christmas Tree Farm to allow the sale of Christmas Trees that are grown off-
site to supplement the sale of trees that are grown on their farm at 4452 Lake Elmo
Avenue North. Council Member Smith seconded the motion. The motion passed 5-0.
Planning Services – Interim Proposal During the Vacancy of the City Planner Position
The City Council was asked to authorize staff to proceed with actions to help
accommodate the work load within the Planning Department while the City Planner
position is vacant. Staff would like to hire an outside consultant to assist the I-94/South
10th Street Work Group continue its work, and to also hire a planner on a limited basis to
cover some of the day-to-day basis activities.
Kyle Klatt, Planning Director, recommended Ben Gozola, consultant at MFRA, who has
worked in the City previously and could take over the I-94/South 10th Street Planning
process. Klatt will contact a neighboring city to look into sharing planning staff time and
the student who served a planning internship with the city.
The Council agreed to the Interim Planning Assistance requested by Planning Director
Klatt for November 2011-Febraury 2012
Designation of Interim City Clerk
City Clerk Sharon Lumby has announced her retirement at the end of this year. Interim
City Administrator Dawson recommended that Carole Luczak be designated the Interim
City Clerk until someone started working with the regular appointment to the City Clerk
position and that her wage be increased $6.00 per hour, to $23.96 (approximately $1,000
per month) during her service as Interim City Clerk.
MOTION: Council Member Smith moved to appoint Carole Luczak as Interim City Clerk
at a wage of $23.96 per hour, direct staff to update position description, and accelerate
advertizing for position and further recommend that applications for the position be
reviewed by the new city administrator. Council Member Park seconded the motion. The
motion passed 5-0.
Interim Finance Director
At its October 18th meeting, the City Council discussed the designation of the Interim
Finance Director (Joe Rigdon of KDV) and decided to await further discussion on this
matter until the Council had an opportunity to review the assessment by Springsted, Inc.
regarding the city’s finance and accounting services. Per Interim City Administrator
Dawson, Springsted provided several recommendations, of which is the current
arrangement for interim and contractual services in the Finance Department remain in
place until the new city administrator is on board and can recommend appointment for
the Finance Director.
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 4
MOTION: Council Member Pearson direct staff to update the Finance Director position
description, and accelerate advertizing for position and further recommend that
applications for the position be reviewed by the new city administrator. Mayor Johnston
seconded the motion. The motion passed 5-0.
Mayor and City Council Salaries
Council Member Smith asked that the City Council discuss the salaries for the Mayor and
City Council members. Interim City Administrator, Craig Dawson, provided a survey of
salaries of City Council in the metropolitan area serving 5,000 to 25,000 residents. By
statute and City Code, the Council must set salaries by ordinance prior to a regular city
election, and they may not take effect until January 1 of the year following the next cit
election. The last adopted ordinance for salaries was in 2005, which set salaries taking
effect in 2007 and 2008. The Mayor’s annual salary has been $3,915 and the Council
Members’ have been $3,130.
The tabulation of Mayor and council members’ salaries available from the League of
Minnesota Cities shows that, between 5,000 and 25,000, mayoral salaries range between
$1,800 and $13,800 and council members’ salaries range between $1,200 and $8,696.
MOTION: Council Member Smith moved to direct staff to prepare an ordinance to set
the salaries of the Mayor and Council Members at 95% average wage to take effect
January 1, 2013. Council Member Park seconded the motion. The motion passed 3-2
(Council Members Pearson and Emmons voting against.)
2012 Capital Improvement Plan – Authorize Soil Borings for the Proposed 2012 and
2013 Street Improvements
The Council considered authorizing American Engineering Testing (AET), Inc. to
perform soil borings in the amount of $13,300 for the proposed 2012 and 2013 Street
Improvements.
The City Engineer reported that Geotechnical information is needed to confirm the
subsurface conditions of the streets in the City’s Capital Improvement Program. It was
recommended that the soil boring data is only obtained for the streets scheduled for
improvement in 2012 and 2013.
MOTION: Council Member Smith moved to authorize AET, Inc. to perform soil borings
for the proposed 2012 and 2013 Street Improvements in the amount of $13,300. Council
Member Pearson seconded the motion. The motion passed 5-0.
Well No. 4 Test Well – Authorize Preparation of Plans and specifications
The City Council considered authorizing Short Elliot Hendrickson (SEH) to provide
engineering service for the Well No. 4 Test Well project in an amount not-to-exceed
$7,500. The City Engineer met with several engineer consulting firms to discuss this
LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 15, 2011 5
project and to identify a work scope and fee for this project. SEH submitted a proposal
for this work and has committed the experienced staff necessary to provide requested
services.
At the September 6, 2011 council meeting, the Council approved an option Agreement
for a 1 acre parcel of land to be investigated as the potential site of the future water
supply Well no. 4. The parcel is located at 11240 50th Street N. The option agreement
provides the city with a 180-day period in which to construct a test well to determine if
the site is a viable location for a large municipal production well.
The City Council also authorized the design, construction and testing of the test well on
the site. The total project cost for the test well is estimated to be $35,000 and $40,000
including engineering, construction, sampling, testing and abandonment.
MOTION: Council Member Pearson moved to authorize Short, Elliot, Hendrickson
(SEH) to provide engineering services for the Well No. 4 Test Well project in an amount
not-to-exceed $7,500. Council Member Smith seconded the motion. The motion passed
5-0.
Library Matters
Interim City Administrator Dawson presented answers to the most asked questions
regarding Lake Elmo creating a municipal library.
There were residents who voiced their concerns with the cost of a new City Library and
the lack of service due to city departure from the Washington County Library System.
The Council adjourned the regular Council meeting at 9:50 p.m.
EXECUTIVE SESSION: The City Council convened in executive session at 10:18 p.m.
Present were the Mayor and Council Members, the City Attorney, and the City
Administrator. Litigation with 3M and regarding the detachment of land from Lake Elmo
were discussed. The executive session ended at 10:29 p.m.
CLOSED SESSION: The City Council convened in closed session to consider
applications for the City Administrator position. The City Attorney was also present.
Respectfully submitted by Sharon Lumby, City Clerk
2011-053 Approve Interim Use Permit for Lake Elmo Sod Farm
2011-054 Approve Interim Use Permit for Krueger’s Christmas Tree Farm
2011-055 Commit specific revenue sources and confirm restrictions for specified
purposes in Special Revenue Funds
Ordinance No. 08-055 Amend Special Event Permit Ordinance