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Home My WebLink About12-06-2011 CCMMINUTES APPROVED January 3, 2012 City of Lake Elmo City Council Minutes December 6, 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, Planning Director Kyle Klatt, Fire Chief Malmquist and City Clerk Lumby. APPROVAL OF AGENDA: MOTION; Council Member Emmons moved to approve the December 6, 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 15, 2011 minutes as amended. The City Clerk was directed to review tape for motion made on agenda items, Interim City Clerk and Finance Director. PUBLIC COMMENTS/INQUIRIES: Tom Degree, Lake Elmo resident announced his candidacy for State Representative. CONSENT AGENDA: M0710N: Council. Member Smith moved to approve Agenda Items 3, 4, 5 on the Consent Agenda. Council Member Pearson seconded the motion. The motion passed 5- 0. Downtown District Sidewalk Improvements — Pay Request No. 1 (Final) Approve 2012 Liquor License Renewals Resolution No. 2011-056 removing 2012 delinquent storm water utility assessment Approve payment of disbursements and payroll Council Member Smith questioned the following claims: Foth Infrastructure for structural engineering inspect in the amount of $897 and S&T Office Products for Library Board. name plates at a cast of $70.22. MOTION: Council Member Emmons moved to pay Foth Engineering out of the General Fund and the .S&7' Office Products for name plates out of the Library 17und Council Member Person seconded the motion. The motion passed 3-2 (Council Members Smith and Park voting against) LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2011 MINUTES APPROVED .January 3, 2012 VISA Council Member Smith asked why the City needs to pay $41 for an annual card fee. Audit Engagement Letter MOTION: Council Member Pearson moved to approve ABDO, LICK and MEYERS, LLP letter of engagement for the City's 2011 financial statement audit and to consider placing contract out.fbr bids in 2013. Council Member Park seconded the motion. The motion passed 5-0. PERA Firefighter Declaration The Public Employees Retirement Association (PERA) has notified the City that under Minnesota Statutes, the City must provide written certification of the eligibility for retirement plan membership of certain positions. The eligibility of employees who contribute to the PERA Police and Fire Plan but are not employed as full-time police officers or firefighters must be declared in writing to PERA through a resolution. The City created a part-time Firefighter/Administrative Assistant position in 2011, with responsibilities including the performance of duties of a Lake Elmo firefighter and essential duties including the responding to emergency calls. MOTION: Council !]Member Pearson moved to approve Resolution No. 2011-057 Public Employees Retirement Association Firefighter Declaration. Council.Member Park seconded the motion. The motion passed 5-0. Final Cost of Monument Sign on Keats Avenue North of I-94 The costs for this project were assigned to the Furniture, Fixtures and Equipment (FIFE) fund. Other activities have been recorded to this field during 2011. As of November 29, 2011, the fund has a deficit of $13,517,36. This deficit is being addressed by increasing the level of transfer from the General Fund from $6,000 in 2011 to $24,000 in 2012. If no further activity is recorded in the FFE fund, the resulting balance in the HE Fund will be $10,483 to start next year. Council Member Smith made the comment that this sign cost the City $31, 470.22 without Council expenditure approval and now the City has to pay $400/year to light the sign. REGULAR AGENDA: Promote Robin Goodspeed from Probation to Firefighter MOTION: Council Member Smith moved to promote Robin Goodspeed from Probation to Full Firefighter, Council Member Park seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCII, MINUTES DI- CEMBER 6, 2011 2 MINUTES APPROVED January 3, 2012 The City Council recognized District Chief Brad Winkels for completion of the officer series training 3-yr. program The City Council recognized Sharon Lumby with a plaque for her 26 years of service as City Clerk for the City of'Lake Elmo. Public Meeting on 2012 on Proposed Tax LM and General Fund Budgeted Taxes While State statutory requirements to hold a truth -in -taxation hearing have been repealed, the City is still required to hold an advertised meeting at which the public is allowed to speak when the annual budget and property tax levy are discussed. This public meeting was duly advertised in the Oakdale -Lake Elmo Review, and no public comments have yet been received. MOTION: Council Member Pearson moved to close the public meeting on the proposed 2012 Property Tax Levy and Proposed 2012 General Fund Budget as presented Mayor Johnston seconded the motion. The motion passed 5-0. Adopt 2012 Budget and Tax Levy, Resolution Following the close of the public meeting on the 2012 proposed tax levy and budget, City Council acted. on the resolutions necessary to adopt the 2012 Tax Levy and the 2012 General Fund Budget. _MOTION., Council Member Emmons moved to approve Resolution No. 2011-058 adopt the 2012 final property tax levy in the amount of $3,113, 017 (includes $75, 036 in levies to recover MVHC unalloted in 2010 and cut in 2011). Mayor Johnston seconded the motion. The motion passed 5-0. MOTION: Council Member Emmons moved to approve Resolution No. 2011-059 adopt the 2012 General Fund Budget in the amount of $2, 900, 986. Mayor Johnston seconded the motion. The motion passed 5-0. Targeted Pay Adjustments for 201.22 The Council allocated $16,525 for targeted pay adjustments in the 2012 Proposed General Fund Budget in order to enhance retention and recruitment of City staff. There was concern with staff in public works maintenance positions should have been moving through the five-year steps in their pay range while the top of the pay range was frozen. Wages for other positions were also frozen in their steps at times during the past few years and had fallen notably behind peer positions in comparable cities. Craig Dawson reported there were indications that some funds may have been "found" that would have covered the $3,115 increase in the City's employee health insurance costs and thus make the full $16,425 available for pay adjustments. He will clarify information and present further adjustments to consider for affected City employees. LAICE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2011 MINUTES APPROVED Januan, 3, 2012 There was general discussion about updating job descriptions and the City,s compensation schedule. MOTION: _Mayor Johnston moved to adopt the targeted pay adjustments for 2012 as recommended by staff'and to further consider other options in the next several weeks. Council Member Park seconded the motion. The motion passed 4-1 (Council Member Pearson voting against. He was in agreement with regards to the increase for Public Works Stclff but disagreed with the adjustment to Fire Chief.) New Schedule for Firefighter Pa The 2012 proposed General Fund budget included funds necessary to accomplish changes in the method of compensation for paid on -call firefighters. The changes would be from. per call basis to per hour basis for calls and drills, with differential hourly pay for additional certifications or officer status. In response to Council Member's Pearson's question, Fire Chief Malmquist responded that he can control these figures within budget. MOTION: Council Member Smith moved to approve Ordinance No. 08-057 as amended (delete "rate gf'$Z500'), an Ordinance Amending Section 216,03 of the City Code Relating to Firefighter Compensation. Council Member Park seconded the motion. The motion passed 5-0. .MOTION: Mayor Johnston moved to approve Resolution No. 2011-060 authorizing the Pay Schedule fior paid On -Call Firefighters in accordance with Section 216.03 of City Code. Council Member Park seconded the motion. The motion passed 5-0. Conditional Use Permit Amendment and Variances,— Christ Lutheran Church Expansion The City Council considered a request from Christ Lutheran Church, 11194 36"' Street North, for a Conditional Use Permit amendment and variances related to an expansion of its present facility. The specific action required from the City is as follows: • Conditional Use Permit Amendment to allow the expansion of a church within a Public Facility Zoning District. • Variances from the required 50-foot side yard setback to allow an addition to the building that is setback 8 feet from the Laverne Avenue right-of-way and 38 feet from the western property line. • A variance to allow the expansion of the existing facility, including new classroom and general meeting space, without an increase in the number of off- street parking stalls available to the Church. • A Variance to allow an additional 2,320 sq.ft, of impervious coverage to be added to the site, which presently exceed the maximum impervious coverage limit of 39.5%. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 201 I 4 MINUTES APPROVED January 3, 2012 MOTION: Council Member Smith moved to approve Resolution No. 2011-61 approving a Conditional U.se Permit Amendment based on the nine conditions stated and Resolution No. 2011-062 approving variances for Christ Lutheran Church at 11194 36`h Street North to expand its current facility and make other improvements to the property. Council Member Park seconded the motion. The motion passed 5-0. DeMontreville-Highlands Area Street Improvements — Authorize the Preparation of the Feasibility Report The City Council considered initiating the 2012 Street Improvement Project by authorizing FOCUS Engineering, Inc. to prepare the DeMontreville Highlands Area Street Improvements Feasibility Report in the Lump Sum amount of $9,600.The study will report on the feasibility of the improvements and the estimated project costs to reclaim or construct each street segment, depending on the existing street conditions and findings from the geotechnical investigation which is already in process. During the study potential rain garden locations will be identified and residents will be encouraged to consider the placement of a rain garden within the right-of-way boulevard adjacent to their property. MOTION: Council Member Pearson moved to authorize FOCUS Engineering, Inc. to prepare the Feasibility Report for the DeMontreville Tlighlands Area Street Improvements in the amount of',59, 600. Council Member Smith seconded the motion. The motion passed 5-0. Kirkwood Avenue Street Improvements -- Accept Petition and Authorize Feasibility Report The City Council considered adopting a resolution Declaring Adequacy of Petition and Ordering the Preparation of the Feasibility Report for Street Improvements for Kirkwood Avenue North, On April 26, 2011 a petition was received to improve Kirkwood Avenue North from a gravel roadway to a paved roadway. City Engineer Griffin reported Kirkwood Avenue North is not programmed for improvement in the 2011-2015 Street CIP. Therefore this improvement has not been previously presented to the Council as a planned improvement or budget item. The estimated cost to complete the feasibility report is $5,200. Should the project be constructed and assessed to the benefitting properties, the City share for the various improvements is estimated to be $45,000 if a lower cost shape and pave improvement is feasible. If a reconstruction is required, the more likely scenario, the City share is estimated to be $120,000. MOTION: Mayor Johnston moved to direct the city engineer to continue working on scenarios and come back within a year with a recommendation, but also continue dialogue with affected residents with the assistance of'Council. Member Park. Council Member Pearson seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2011. MINUTES APPROVED January 3, 2012 The agreement with the property owners is they are required to pay the maintenance assessment, but the City has not been assessing property owners to maintain the gravel road. Keats Avenue North Street & Watermain Improvements — AuthorizeFeasibilit Report The City Council considered initiating the 2012 MSA Street Improvement Project and the 2012 Trunk Watermain Improvement Project by authorizing FOCUS Engineering, Inc. to prepare the Keats Avenue North, Street and "Trunk Watermain Improvements Feasibility Report in the Lump Sum amount of $11,400. MOTION: Council Member Emmons moved to authorize FOCUS Engineering, Inc. to Prepare the Feasibility Report for the Keats Avenue 1lrorth Street and Trunk Watermain Improvements in the amount of $11, 400. Mayor Johnston seconded the motion. The motion passed 5-0. Appointment for City Attorne City Attorney David Snyder is leaving the Eckberg Lammers law firm and joining the law firm of Johnson & Turner, P.A. which has its main office in Forest Lake and a local office in Lake Elmo, as a shareholder. His relationship with Eckberg Lammers will continue through December 31, 2011. The Council considered the request to continue Mr. Snyder's appointment as City Attorney with the Johnson & Turner firm. MOTION: Council Member Smith moved to appoint David K. Snyder as the City Attorney and City prosecutor with the law firm of Johnson & Turner, P.A. effective January 1, 2012. Council Member Emmons seconded the motion. The motion passed 4-0-1 Abstain. - Council Member Pearson. Discuss future meetings in December 'The City Council will hold a short meeting on December 20, 2011 at 3 p.m. to approve the disbursements and payroll. Adopting Mayor and City Council Salaries The City Council considered adopting an increase in Mayor and City Council Salaries effective January 1, 2013. The annual salary of the Mayor shall be $6,250 and the annual salary of each Council Member shall be $4,860. MOTION' Council .Member Park moved to adopt an Ordinance relating to Mayor and (.'ouncil Salaries. Council Member Smith seconded the motion. The motion.failed 2-3 (Mayor Johnston, Council Members Emmons and Pearson voting against.) The Council adjourned the meeting at 10:36 p.m. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 6, 2011 6