Lake Elmo City Council — Transcript
Wednesday, August 5, 2026
Impact of Construction on Local Businesses
Firefighter Payroll and Compensation Policy
Landscape Supply Business Expansion (NYP Landscape Supply)
Downtown Development Update: Tap and Ladder / Machete
Votes (4)
Change in Payroll and Compensation Policy (Policy Number 2110)
Dissent: One council member initially expressed concern about 'paying benefits for hours that are not being actually worked' but ultimately voted in favor after hearing clarifications on industry standards and the policy's intent.
Moved by Council Member [0:12:47] · Seconded by Council Member [0:12:57]
The discussion focused on adjusting Policy 2110 to ensure full-time firefighters' pay remains consistent when they use ESST, vacation, or holiday hours. Currently, taking time off reduces their overall pay due to the loss of calculated overtime hours within their 21-day schedule cycle. This often leads firefighters to trade shifts, potentially resulting in them working consecutive 48-96 hour shifts or accumulating excess accrued time that must be paid out or lost. The proposed change, which is common in comparable cities, aims to encourage the use of earned time off, prevent overwork, and could be budget-neutral by reducing year-end payouts.
Zoning Text Amendment and Conditional Use Permit for 9591 60th Street (NYP Landscape Supply)
Dissent: None
Moved by Council Member Hearn [0:41:00] · Seconded by Council Member [0:41:09]
The item addressed a request by NYP Landscape Supply for text amendments to city code to define and regulate 'landscape supply' in agricultural zones, and to expand their CUP footprint. Neighbor concerns primarily centered on: the definition's inclusion of pesticides/fertilizers and 'property maintenance services' (perceived as too commercial); potential increase in heavy vehicle traffic on Highway 36 (a 65 mph zone); and the expansion violating a 'no expansion' clause from the original 1988 CUP. The applicant clarified they do not store pesticides, do not expect a traffic increase, and have made efforts to be a good neighbor. Council members generally expressed support for agricultural landowners finding ways to make their land profitable while preserving its agricultural character, viewing this as preferable to residential development.
Conditional Use Permit for 9591 60th Street (NYP Landscape Supply)
Dissent: None
Moved by Council Member [0:44:00] · Seconded by Council Member Hearn [0:44:17]
Following the approval of the zoning text amendment, the council moved to consider the specific Conditional Use Permit for NYP Landscape Supply. This permit would allow the expansion of the landscape supply sales business at 9591 60th Street, subject to the conditions and findings outlined in the staff report. These conditions included maintaining hours of operation, screening, setback requirements, meeting new performance standards, and obtaining necessary watershed permits.
Tap and Ladder / Machete Update: Plan B Discussion
Dissent: Council expressed unanimous strong opposition to the 'Plan B' concept, directing the developer to proceed with the original Machete restaurant plan.
Moved by N/A · Seconded by N/A
The development team for the downtown projects (Tap and Ladder for the Fire Station, Machete for the Parks Building) sought flexibility in their development agreement due to economic challenges affecting Machete's existing restaurants. They proposed a 'Plan B' for the Parks Building, described as a 'Four Alarm Fund' concept (a commercial, 'strip mall type' use), and requested a longer timeline for the Parks Building development. Council members strongly rejected the Plan B, emphasizing that the original Machete restaurant concept was chosen through a competitive RFP process and was integral to their vision for downtown. They agreed to move forward with a single development agreement for both sites, with Tap and Ladder and the original Machete restaurant concept, and to negotiate a specific, non-open-ended timeline for the Machete development with city staff.
Notable Quotes (8)
So this is just trying to bring the fire department into that same hole. Correct. So when I take vacation, my weekly wage stays the same whether I'm on vacation or I at work, right? My pay is going to be consistent. With firefighters, they take time off, their pay decreases.
I I don't know what the max carryover for PTO is. Um some companies have a higher number. It just becomes a liability on the business. Uh the higher that number is because then if that employee decides to leave then you have to pay out the PTO that has been acred.
retail sale of goods made or grown on a farm or an egg land um should be made on or grown on the farm, not those that are purchased from a supplier and then distributed. That just creates a distributorship which is purely commercial use of the land and has nothing to do with agriculture.
the equipment that we are keeping in Lake Elmo is mostly to just, um, help the operations of my. I want to talk a little bit about um the landscaping side of things. All we are asking is for Valdes Lancing snow removal or other business to have an address at um Lake Elmo and for our employees to come in and park their vehicles in the morning which will be under the 30 cars that is currently in the CUP and um leave at night.
I I think this is a totally acceptable use of the land. Um, I know we'll talk about the conditional use next here where we can dig into, you know, what that ex exactly means with each situation. Um, but I think this fits very well. Um, with again with the environment that we live in nowadays, farming is very difficult and for people who own this land, they're trying to find ways to make that land work.
Here's the problem I have with this whole request. The city came out with an RFP and various teams... You guys came in as a business with Tap and Ladder and Machetti. No disrespect, but when we looked at the financials on that for the city's side of the business, that me matched out. We have no idea what four alarm fund would be. At this point, I'm not interested in that at all because it doesn't fit the character of any downtown.
I sit in the same spot. Um, and and I guess just to elaborate, I I think one of the big pieces for me here is the process that went into this was very elaborate and and you mentioned this, but you know, we had the commission all look at this, do that rank voting, and it was very well thought out for that specific development that we agreed on and that we had, you know, had presented to us. And so I I if we're not moving forward with that, I I just I'm not interested in propo or I'm not interested in any other concepts with this right now.
So, the machete is the plan. So, just to be clear, want to move forward with the tap and ladder development agreement and then give them time if they if they present a time that's um uh that's agreeable with the city.
Ordinances & Resolutions (17)
Agreement for Simmeron Park Water System Connection.
Permit for a special event at Eastn Village.
Permit for the annual Lake Elmo Street dance.
Pay request number two final for this project.
Approval for 180 acres AUR renewal.
Approval for an amendment to a farm lease.
Payroll and Compensation Policy under consideration for amendment regarding firefighter overtime.
Approving proposed text amendments to city code sections related to landscape supply in agricultural zoning.
City code section related to zoning use types classifications.
City code section being amended for landscape supply definition.
City code section related to site design and development standards, being amended for landscape supply.
The original Conditional Use Permit for the 9591 60th Street property, referenced for existing conditions and limitations.
Approving the request for a conditional use permit for expansion of a landscape supply sales business at 9591 60th Street.
A resolution that was tabled for publication until the next city council meeting.
City's long-term plan, used to assess consistency of zoning text amendments and CUP requests.
Request for Proposal process for the downtown development, which led to the selection of the Tap and Ladder/Machete team.
Legal agreement for the downtown development projects with Tap and Ladder and Machete.