HomeMy WebLinkAbout12-15-2009 CCMLAKE ELMO CITY COUNCIL MINUTES December 15, 2009 1
City of Lake Elmo
City Council Minutes
December 15, 2009
Mayor Johnston called the meeting to order at 7:00 p.m.
PRESENT: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith.
Also Present: City Administrator Messelt, Planning Director Klatt, City Engineers
Griffin and Stempski, Attorney Snyder, Finance Director Bouthilet and City Clerk
Lumby
APPROVAL OF AGENDA:
MOTION: Council Member Park moved to approve the December 15, 2009 City Council
Agenda as presented. Council Member DeLapp seconded the motion. The motion
passed 5-0.
GROUND RULES:
APPROVED MINUTES:
The December 1, 2009, City Council minutes were approved by consensus.
PUBLIC COMMENTS/INQUIRIES: None
CONSENT AGENDA:
MOTION: Council Member Smith moved to approve the agenda items except for Item 7
on the Consent Agenda as presented. Council Member Park seconded the motion. The
motion passed 5-0.
Approve payment of disbursements an payroll in the amount of $119,243.62
Approval of contingent offer of employment of Ice Rink Operator and other
intermittent employees
Approve liability coverage waiver from stating that the City does not waive the
monetary limits on municipal tort liability as established under Minnesota Statutes
466.04
Authorize release of letter of credit no. 453 for the Farms of Lake Elmo
Development and to accept the cash escrow in the amount of $12,000 for the
remaining work to be completed by June 30, 2010.
Approve Maplewood-Oakdale Lions Club one-day off-site charitable gambling
permit, Resolution No. 2009-053
Approve Resolution No. 2009-054 support for establishing Saturday hours at the
Rosalie E. Wahl branch of the Washington County Library system
LAKE ELMO CITY COUNCIL MINUTES December 15, 2009 2
Approve Resolution No. 2009-055 accepting work for the 2009 crack seal project
and authorize payment no. 1 (Final) to Gopher State Sealcoat in the amount of
$25,200 to be paid from the Street Maintenance Fund for the 2009 crack seal
project
Adopt 2010 calendar of City Council meetings and workshops
The Council changed the August 3rd Council meeting date to Wednesday, August 4th in
order for the Council to attend neighborhood National Night Out events.
MOTION: Council Member Smith moved to adopt the 2010 calendar of City Council
meeting and workshop, as amended. Council Member Park seconded the motion. The
motion passed 5-0.
REGULAR AGENDA:
Organizational Meeting:
Election of Acting Mayor
Council Members Emmons and Smith considered having a rotating quarterly schedule of
acting mayors, but Mayor Johnston and Council members Park and Smith thought it was
important to have one person filing the position, rather than four. The Council agreed to
come to a decision in January about who would takeover in 2010 if Mayor Johnston is
absent from a meeting. Mayor Johnston said he would not be present for the January
meetings. City Administrator Messelt said the Council would simply have to vote on the
issue again when Mayor Johnston returns.
MOTION: Council Member Emmons moved to appoint Council Member Smith as Acting
Mayor during the January meetings when Mayor Johnston is absent. Council Member
DeLapp seconded the motion. The motion passed 5-0.
Designation of legal newspaper
Staff recommended continuing with the Oakdale-Lake Elmo Review as its official
designated newspaper and as a back up paper under unique circumstance, the St. Paul
Pioneer Press.
MOTION: Council Member Smith moved to designate the Oakdale-Lake Elmo Review
as the official, legal newspaper and to designate the St Paul Pioneer Press as a back up
official, legal newspaper on an as-needed basis. Council Member DeLapp seconded the
motion. The motion passed 5-0.
LAKE ELMO CITY COUNCIL MINUTES December 15, 2009 3
Designation of official depositories for 2010
MOTION: Council Member Park moved to designate Lake Elmo Bank, Wells Fargo
Advisors, Morgan Stanley Smith Barney LLC, and Northland Securities for the 2010
Depositories, as recommended by staff. Council Member Smith seconded the motion.
The motion passed 5-0.
Letter agreement with KDV
Finance Director Tom Bouthilet reported the City utilized Joe Rigdon of KDV, on the
recommendation of Steve MacDonald, City Auditor, to reconcile the City’s records to be
consistent with best practices for government accounting. The hourly rate for Joe Rigdon
remains at $135 per hour ($55,000 yearly expense) with no minimum fee for his services.
MOTION: Mayor Johnston moved to approve the Letter of Agreement with KDV for
Financial Consultative Services for 2010. Council Member Emmons seconded the
motion. The motion passed 5-0.
Appointment of City Engineer and City Attorney
MOTION: Council Member Smith moved to appoint Jack Griffin of TKDA as the
official City Engineer and principal provided of professional engineering services for
2010. Mayor Johnston seconded the motion. The motion passed 5-0.
MOTION: Council Member Smith moved to appoint Dave Snyder of Eckberg &
Lammers as the official City Attorney and principal provider of both civil and criminal
services for 2010. Mayor Johnston seconded the motion. The motion passed 5-0.
Appointment to Planning Commission
Sharon Lumby, City Clerk, reported Joan Ziertman has finished out Bob Helwig’s one-
year term and has indicated an interest in reappointment to the Planning Commission.
This reappointment would be Ms. Ziertman’s first 3-year term as a Full voting member.
MOTION: Council Member DeLapp moved to appoint Joan Ziertman to a 3-year term
as a Full Voting Member on the Lake Elmo Planning Commission. Council Member
Park seconded the motion. The motion passed 5-0.
Beyond Yellow Ribbon discussion, Resolution No. 2009-056
Jennifer Pelletier and Paul Ryberg, Lake Elmo residents, will be heading up the Lake
Elmo branch of the “Beyond the Yellow Ribbon” Network. They hope to provide
families any support they need while their family members are serving overseas or
making the transition back to civilian life. The group will be having its first meeting at 7
p.m. January 21st at the Lake Elmo City Hall.
LAKE ELMO CITY COUNCIL MINUTES December 15, 2009 4
MOTION: Council Member Smith moved to approve Resolution No. 2009-056 lending
the City of Lake Elmo’s support for the Yellow Ribbon Network and, in particular, its
efforts in Lake Elmo. Council Member Park seconded the motion. The motion passed 5-
0.
2010 Street and Water Quality Improvements – Resolution No. 2009-057 accepting
report and calling for public improvement hearing
Ryan Stempski, City Engineer, reported the City Council is being asked to receive the
Feasibility Report for the 2010 Street Improvements including the residential streets of
Jane Road, Isle Avenue, 53rd Street, and 57th Street and Water Quality Improvements.
On October 20, 2009 the City Council directed City staff apply the City’s revised street
assessment policy for 2010 to these projects. The City Council also directed that the
Budget Committee undertake a more thorough review of all City assessments during
2010.
The Council asked that cost options and justifications for concrete curbs versus
bituminous curbs be prepared for the public hearing.
MOTION: Mayor Johnston moved to adopt Resolution No. 2009-057 Accepting the
Feasibility Report for the 2010 Street and Water Quality Improvements and calling for a
Public Improvement Hearing to be held on January 26, 2010. Council Member Park
seconded the motion. The motion passed 5-0.
Consider approving Ordinance 08-021 revising the buffer setbacks in existing Open
Space Preservation (OP) developments
Bruce Messelt, City Administrator, reported the City Council is being asked to consider
adopting Ordinance 08-021 to establish buffer setbacks for 19 Open Space Preservation
(OP) developments. This action is requested to provide clarity for future review and
approval of building permits and, in most cases, eliminate existing non-conformities
MOTION: Council Member Smith moved to approve Ordinance 08-021 approving the
OP Buffer Setback for the 19 existing developments, as recommended by the Planning
Commission and modified by the City Council, and direct inclusion of the study and
recommendation in the Planning Department’s 2010 Work plan of setbacks for OP
development for rear yards, primary structures, and accessory buildings. Council
Member Park seconded the motion. The motion passed 5-0.
Reports:
City Administrator Messelt updated the City Council on an application to the State for a
Capital Bonding request for regional infrastructure support. He has been working with
area Legislators and will be submitting the application this week. Unanimous consent of
the Council was received to pursue this action. A formal resolution of support will be on
the Council’s January consent agenda.
LAKE ELMO CITY COUNCIL MINUTES December 15, 2009 5
The meeting adjourned at 8:55 p.m.
Respectfully submitted by Sharon Lumby, City Clerk
__________________
Resolution No. 2009-053 Maplewood-Oakdale Lions Cub one-day charitable gambling
permit
Resolution No. 2009-054 support Saturday hours at Rosalie E. Wahl Library
Resolution No. 2009-055 Accept work for 2009 crack seal project and authorize payment
to Gopher State Sealcoat
Resolution No. 2009-056 Support for the Yellow Ribbon Network
Resolution No. 2009-057 Accept Feasibility Report for 2010 Street Water Quality
Improvements and call a public hearing
Ordinance No. 08-021 approve OP Buffer Setback for 19 Open Space Preservation (OP)
developments