HomeMy WebLinkAbout11-16-2010 CCMLAKE ELMO CITY COUNCIL MINUTES November 16, 2010 1
MINUTES APPROVED: December 14, 2010
City of Lake Elmo
City Council Minutes
November 16, 2010
6:30 p.m. Presentation by Ms. Kathy Schmidlkofer, Itasca Group
Mayor Johnston called the meeting to order at 7:30 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park (departed
9:35 p.m.) and Smith (departed 8:30 p.m.)
Also Present: Administrator Messelt, City Engineers Griffin and Stempski, Attorney
Snyder, Planning Director Klatt, Finance Director Bouthilet, Fire Chief Malmquist,
Public Works Supervisor Mike Bouthilet, and City Clerk Lumby
APPROVAL OF AGENDA:
MOTION: Council Member Emmons moved to approve the November 16, 2010 City
Council agenda, as revised (Remove Item #4 and #7 from the Consent agenda). Council
Member DeLapp seconded the motion. The motion passed 5-0.
ACCEPTED MINUTES:
The November 3, 2010 City Council minutes are accepted by consensus.
PUBLIC COMMENTS/INQUIRIES: None
CONSENT AGENDA:
MOTION: Council Member Smith moved to approve the Consent Agenda. Council
Member Emmons seconded the motion. The motion passed 5-0.
Approve payment of disbursements and payroll in the amount of $1,135,101.60.
Approve Resolution No. 2010-062 accepting the work for the 2010 Crack Seal
Project and authorize of $13,910.40 to be paid from the Infrastructure Fund for
the 2010 Crack Seal Project
Approve Ordinance No. 08-034 establishing the buffer setbacks for the Meyers
Pineridge Development
Approve Ordinance No. 08-035 adding a rear yard setback and reference to the
buffer setbacks for Open Space Preservation Developments
Approve Resolution No. 2010-063 Adopting the City of Lake Elmo Special Assessment
Policies and Procedures for Public Improvements
LAKE ELMO CITY COUNCIL MINUTES November 16, 2010 2
The updated Special Assessment Policies and Procedures for Public Improvements, dated
November 16, 2010, was reviewed and developed by the Assessment Policy Review
Subcommittee together with City staff.
MOTION: Mayor Johnston moved to approve Resolution No. 2010-063 Adopting the
Special Assessment Policies and Procedures for Public Improvements. Council Member
Park seconded the motion. The motion passed 5-0.
Modification of Memorandum of Understanding for Economic Conditions
The City Council was asked to approve changes to the Memorandum of Understanding,
as presented in Resolution No 2010-065, granting the City relief from any Wastewater
Inefficiency Fees, due to the prolonged slowdown of the overall approval. Administrator
Messelt reviewed the proposed revisions modifying the MOU.
MOTION: Council Member DeLapp moved to approve Resolution No. 2010-065, as
revised, granting the City of Lake Elmo relief from any Wastewater Inefficiency Fees, due
to the prolonged slowdown in economic activity. Council Member Emmons seconded the
motion. The motion passed 4-0. (Council Member Smith was not in attendance for vote.)
Consideration of a Conditional Use Permit application to allow an open sales lot for
Cranky Ape at 9200 Hudson Boulevard
Jay Adams, Cranky Ape Company co-owner, stated they withdrew their application for
Conditional Use Permit to allow an open sales lot for Cranky Ape at 9200 Hudson
Boulevard.
Interim use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape
Powersport Auctions) to establish an open sales lot for the outdoor display of
merchandise at 9200 Hudson Blvd.
The City Council was requested to consider an interim use application from Midwest
Recreation Clearinghouse, LLC (Cranky Ape Powersport Auctions) to allow the outdoor
display of merchandise for public viewing at 9200 Hudson Boulevard North. The
conditions and restrictions of the Interim Use Permit were found to be acceptable by the
applicant and the Conditional Use Permit request was withdrawn.
The Council was also requested to consider and authorize execution of a consent
agreement associated with the proposed interim use. This agreement specifies the terms
and conditions including the termination date/event, for the interim use, and has been
revised based on feedback from the application and the City Attorney.
MOTION: Council Member Smith moved to approve Resolution No. 2010-055 granting
an Interim Use Permit for Midwest Recreational Clearinghouse, LLC (Cranky Ape
Powersport Auctions) to establish an open sales lot for the outdoor display of
LAKE ELMO CITY COUNCIL MINUTES November 16, 2010 3
merchandise at 9200 Hudson Boulevard and approving a consent agreement for the
interim use. Council Member Emmons seconded the motion. The motion passed 5-0.
Lake Elmo Fire Department Personnel Actions
Administrator Messelt reported the City followed in processing recent retirements
including exit interviews, recruitment of new firefighters, and selection of recommended
new officers. The City Administrator participated in the interview and selection process
of recommended new officers and Chief Malmquist recused himself participation in the
selection process for Captains, due to a potentially perceived conflict of interest.
The following three personnel actions were forwarded for Council consideration.
MOTION: Council Member Park moved to accept the retirements of Lake Elmo Fire
Department Captain Mike Tremain, District Chief Doug Pepin, and Firefighter Jim
Sachs and direct the City to appropriately thank and recognize these individuals for their
service. Council Member Smith seconded the motion. The motion passed 5-0.
MOTION: Council Member Emmons moved to approve conditional job offers to Jon
Early, Chris Pasiuk, Peter Ziemer and Larry Cornell as Probationary Firefighters,
contingent on their passing of physicals and psychological screening. Council Member
DeLapp seconded the motion. The motion passed 5-0.
MOTION: Mayor Johnston moved to approve the promotions of Captain Steve
Rutkowski to Station #2 District Chief, Firefighter Lee Olson to Station #2 Captain, and
Firefighter Noah Malmquist to Station #2 Captain. Council Member DeLapp seconded
the motion. The motion passed 5-0.
Review of Pending Enforcement Action Concerning Activities not allowed within an A
or RR Zoning District
The City Council was asked to confirm application of the Agricultural Entertainment
Ordinance, or provide alternative direction, with respect to activities being conducted on
the Country Sun Farms property at 11211 60th Street North. Specifically in question is the
establishment of gem mining town, operation of a silly string zone and use of inflatable
bouncers as entertainment activities. No city official authorized these three activities
under Ag related events before commencement.
Keith Bergmann, Country Sun Farms, stated there was no special event permit process in
place when he came into the City to discuss activities such as the gem mining. The gem
mining building was built in August, 2009 and the bouncing castles were set up in
September 2008. Country Sun Farms did submit a building permit application for the
gem mining building to the Building Dept. and never heard from the City nor did the City
cash their check. Keith said Country Sun Farms tried to be in compliance with the Ag
LAKE ELMO CITY COUNCIL MINUTES November 16, 2010 4
Entertainment Ordinance as defined in his response letter. Country Sun Farms wants to
continue operating these activities under whatever City permitting process.
MOTION: Mayor Johnston moved to authorize staff to continue enforcement action
related to activities being conducted at 11211 60th Street North (Country Sun Farms) that
are not allowed in an A – Agriculture or RR – Rural Residential Zoning District. Council
Member Smith seconded the motion. The motion passed 5-0.
2011 Street and Water Quality Improvements – Resolution Accepting the Report and
Calling for a Public Improvement Hearing
The City Council was asked to accept the Feasibility Report for the 2011 Street and
Water Quality Improvements and pass a resolution accepting the report and calling for a
public improvement to be held on December 7, 2010. The Feasibility Report for the 2011
Street and Water Quality Improvements including the residential streets in David Nelson
Estates (10th Street Court North), and the Tartan Meadows Development (11th Street
North, 12th Street North, Laverne Avenue North, Layton Avenue North, and Leeward
Avenue North). The preparation of the Feasibility was authorized on September 21,
2010.
MOTION: Council Member DeLapp moved to adopt Resolution No. 2010-064 accepting
the Feasibility Report for the 2011 Street and Water Quality Improvements with
bituminous curbs on both projects and Calling for a Public Improvement Hearing to be
held on December 7, 2010. Council Member Park seconded the motion. The motion
passed 3-1 (Mayor Johnston voted against.)
2011 Proposed General Fund Budget – Department Presentations
In anticipation of the December adoption of the final 2011 Annual Budget and Levy, the
City Council was requested to review with City Department Heads the proposed 2011
Annual Budget, including department goals and objectives. No specific Council action
was requested.
Respectfully submitted by Sharon Lumby, City Clerk
The meeting was adjourned at 10:20 p.m.
Resolution No. 2010-062 accepting the work for the 2010 Crack Seal project