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HomeMy WebLinkAbout12-15-2009 Council PacketL E City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota December 15, 2009 6:30 p.m. EXECUTIVE SESSION: Discuss current or potential threatened litigation 7:00 p.m. A., CALL TO ORDER B. PLEDGE oP ALLEGIANCE: C: ATTENDANCE: Johnston DeLapp Emmons, Park Smith D. APPROVAL OF AGENDA: (The approved agenda is the order in which the City Council will do its business.) E. ORDER OF BUSINESS: (This is the way that the City Council runs its meetings so everyone attending the meeting or watching the meeting understands how the City Council does its public business.) F. GROUND RULES: (These are the rules of behavior that the City Col ncil adopted for doing its public business.) G. APPROVE MINUTES: 1. Approval of the December 1, 2009 City Council minutes H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. . CONSENT AGENDA: (Items are placed on the consent agenda by City staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. Approval of contingent -offer of employment of Ice Rink Operator and other intermittent employees 4. Approve liability coverage waiver form as part of LMCIT insurance renewal package 5. Substantial completion of the public infrastructure improvements within Farms of Lake Elmo —Authorize release of letter of credit 6. Approve Maplewood -Oakdale Lions Club one -day off -site charitable gambling permit, Resolution 2009-053 7. Approve 2010 calendar of Council meetings and workshops 8. Lake Elmo Library hours of operation; Resolution No. 2009-054 9. Resolution No. 2009-055 accepting work for the 2009 crack seal project and authorize payment no. 1 (Final) REGULAR AGENDA: 10. Organizational Meeting a. Election of Acting Mayor b. Designation of legal newspaper c. Designation of official depositories for 2010 d. Letter agreement with KDV e. Appointment of City Engineer and City Attorney f. Appointment to Planning Commission 11. Beyond Yellow Ribbon discussion; Resolution No. 2009-056 12. 2010 Street & Water Quality Improvements — Resolution No. 2009-057 accepting report and call for public improvement hearing 13. Consider approving Ordinance 08-021 revising the buffer setbacks in existing Open Space Preservation (OP) developments K. REPORTS AND ANNOUNCEMENTS: (These are verbal updates and do not have to be formally added to the agenda.) • Mayor and City Council • Administrator • City Attorney • City Engineer • Planning Director L. Adjourn **A social gathering may or may not be held at the Lake Elmo Inn following the meeting.** City of Lake Elmo City Council Minutes December 1, 2009 Mayor Johnson 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, Planner Matzek, City Engineer Griffin, Attorney Snyder, Finance Director Bouthilet, Joe Rigdon, KDV Consultant, and City Clerk Lumby. APPROVAL OF AGENDA: MOTION: Council Member Park moved to approve the Pfeeinberl, 2009 City Council Agenda as presented. Council Member Smith secondedthe motiOn'The motion passed 5-0...,..:-. '..;,,. ;,...,. GROUND RULES: APPROVED MINUTES: The November 15, 2009, City Council minutes w ..,„ PUBLIC COMMENTS1INQUIRIES No CONSENT AGENDA: MOTION CouncilMember to approve the Consent Agenda as presented Council Member::Emmons seconded the motion The motion passed 5-0. • f Approve payment of disbursements and payroll in the amount of $310,149.37 • Approve 2010liquOr,license renewals and On -sale intoxicating liquor license for the Lake Elmo InntYent Center • Consider approval of Resolution No. 2009-046 approving the renewal of an Interim Use Permit application from Common Ground Church to permit the keeping of horses. REGULAR AGENDA: Update on Friends of Washington County — Marc Hugunin Bruce Messelt, City Administrator, reported the City Council was asked to receive an update from Marc Hugunin, Executive Director of the Friends of Washington County regarding efforts to address state-wide rulemaking on landfills that will have an impact on the proposed Xcel fly ash landfill in West Lakeland Township. A _E ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 Mr. Hugunin explained because their work will expand to encompass Legislative activity, the costs for this project will be somewhat greater in 2010 than in 2009. He requested that the City renew its support of this project at the same level ($2,500) as in 2009. MOTION: Council Member DeLapp moved to authorize $2,500 to come out of the CIP Bond Fund to renew the City's support for the Friends of Washington County in an e o to strengthen the statewide rules for landfill siting and to better protect our groundwater resources fi-om contamination from landfill operations. Council Member Emmons seconded the motion. The motion passed 5-0. Final 2009 Tax Levy Certification, Payable 2010, Resolution No. 2009-048 Bruce Messelt, City Administrator, reported the City Council is being asked to affirmatively consider and adopt the Final 2009 Tax Levy Certification, Payable 2010. Joe Rigdon, KDV Financial consultant, presented the proposed :2:010 City property tax levy and proposed 2010 city budget. MOTION: Council Member Park moved to approve Resolution No. 2000-048 authorizing certification to the Washington County4uditar:Of the 2009 Tax Levy ($2,743,346 collectible in 2010). Council Member Eininans seconded the motion. The motion passed 5-0. Pronosed 2010 Operating Budget and 20104 C linprovernent Program; Resolution No. 2009-049 The Public Hearing notice on the budget and on the proposed amount of 2010 property taxes the City proposed to collect to p4Y`jfOrth&&st of services the City will provide in 2010 was published in the NOV:ember'25, 260,97Oakdale/Lake Elmo Review. Tom Bouthilet, Finance Directieported the City Council is being asked to convene a public hearing ori:ifie proposed and then take action on the 2010 Budget and 2010-2014 CIP Mayor Johnston mvited residents in attendance to express their opinions on the budget and on the proposed amount of 2010 property taxes. Dan Novak, 8520 Ironwood Trail N, asked what percentage of the budget was increased or decreased. The City Administrator responded for the 2010 total budget there was a 1.3% increase over the 2009 budget. MOTION. Council member Smith moved to approve Resolution No. 2009-049 as amended by redirecting $2,500 to the Friends of Washington County, adopting the 2010 Budget and 2010-2014 Capital Improvement Plan. Council Member Emmons seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 2 Public Hearing: Delinquent water and wastewater utility bills; Resolution No. 2009-050 The public hearing notice was published in the November 18, 2009 Oakdale/Lake Elmo Review Tom Bouthilet, Finance Director, reported the City Council is being asked to convene a public hearing, as required under State law, to consider recommended action to assess property owners for delinquent 2009 Water and Wastewater utility bills. Mayor Johnston opened up the public hearing at 8:08 p.m. Jeff Riegle, 2773 Inwood Avenue N., referred to his letter submitted to the City stating his objections: • Rationale for the "Estimated" billing of water to the resident • Repair of defacement of home • Connection of water service to water softener system • Water service with proper water pressure • Water meter of good working order Phillip Liniewicz, 8226 26th Street, stated they just installeda new well 'tWo years ago at a cost of $12,000 and had to cap this well. Since theyltave:been connected to the city water service, they have had problems with proper water pressure even though a booster pump has been installed. Mayor Johnston closed the public hearing at Adnumstrator Messelt will follow-up On residents' concerns by contacting public works and the city engineer. MOTION: Council Xember,Park4npved to approve Resolution No. 2009-050, A Resolution authoritrig certfACatiorti*a.,,Washington County Auditor for unpaid utility bills. .Council MeMber DeLa:ppeco4'ded the motion. The motion passed 5-0. Consider an annlicatiOnTromiaines Burns for a variance from the front yard setback requirement in an R1 i6iti0Aistrict to allow the construction of a building addition; Resolution No. 2009-045 'A.? Kyle Klatt, Planning Director, reported the City Council is being asked to consider a request from James Burns for a variance allowing the construction of an addition to an existing residence at 11140 20th Street Court North. The addition would be set back 22.8 feet from a front property line, or 3.2 feet closer to this line than allowed under the R-1 Single Family Residential Zoning District requirements and related provisions for established neighborhood setbacks. MOTION: Council Member Park moved to approve Resolution No. 2009-045, A Resolution approving a variance request to a setback variance for James Burns, 11140 20th Street Court North, to allow the construction of an addition to an existing residence LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 at this address that would be set back 22.8 feet from a front property line, or 3.2 feet closer to this line than allowed under R-1 single Family Residential Zoning District requirements and related provisions for established neighborhood setbacks. Council Member Smith seconded the motion. The motion passed 5-0. Consider application for a CUP to allow an Agricultural Entertainment Business, a rezoning request, and an amendment to a CUP for Country Sum Farm and Greenhouse, Resolution No. 2009-047, Ordinance No. 08-021 Kelli Matzek, City Planner, reported the City received an application for land use changes, including renewal, update and expansion of an existing Conditional Use Permit, as well as a related rezoning request and new Conditional Use Permit received from Sun Country Farm and Greenhouse. The City Council is being asked to consider the following requests from Country Sun Farm & Greenhouse: CONDITIONAL USE PERMIT: To issue a CUP for the entliels7,.acres of property under consideration, or specified portion thereof, thereballowingan!`Agricultural Entertainment Business" on the property. At this time it would be appropriate through the issuance of such CUP to clearly delineate the specific uses existing4i the site and to clarify which uses are legally permitted, either outright or under the current and/or propOsed updated and expanded CUP. This issuanee;041 include the construction of an overflow parking area of 39,900 square feet is accessory to the other uses on the site. - Action on the proposed new CUP estabhsb.in anA Entertainment District MOTION: Mayor Johnston moved to approve Resolution No.2009-047 (Option B) whereby issuing a ConditionalUsPermii10,!an Agricultural Entertainment Business for Country Sun Farrn,4,greerthOse on the identified 65 acre portion of the requested 67 acres, with the„Ondi'tiorOdenieted in the Planning staff report, and to include the construction ofariOverflow P4king'area of 39,900 square feet accessory to the other uses on the site,..c4;:,recommen441 by the City Administrator, City Attorney and Planning AdvisOr. CouncilMember Park seconded the motion. The motion passed 5-0. REZONING: To rezoneW43.44 acre parcel from Rural Residential (RR) to Agricultural • (Ag). This rezoning could allow the future movement of an existing greenhouse from the original CUP area to the new proposed area, as greenhouses is not permitted in the RR zoning district. Action on the rezoriinv. of 33.44 acres from Rural Residential to Agricultural: MOTION: Council Member Park moved to adopt Resolution -No. 2009-052 denying the rezoning of the identified 33.44 acres ofproperty from Rural Residential to Agricultural, with the specific findings offact: LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 4 1 That the procedures for obtaining said Map Amendment is found in the Lake Elmo Zoning Ordinance, Section 154.020. 2. That all the submission requirements of said Section 154.020 have been rnet by the applicant. 3. That the proposed rezoning of the property is:from Rural Residential to Agricultural for the entire 33.44 acres. 4.: The Rural Residential zoning district has a 10 acre minimum lo size requirement while the agricultural zoning district has a 40 acre minimum lot size. The rezoning ofthe parcel to Agricultural would result in non-conformance to the minimum lot size as the parcel is 33.44 acres. 5. Relocating the greenhouses would still allow for reasonable use of the current property, thereby resulting in a de facto expansion of business activity and, with it, traffic concerns and other public health, life and safety considerations. 6. The proposed rezoning would be preemptive in nature a0e applicant's intent is to move a greenhouse to the property which may or may/or be in conflict with currently unknown, unplanned or unscheduled futur*ieOnfigurations of the intersection of County .Road 17 and State Highwa06. 7., As public infrastructure would be significantlyiinpacted by any r,,qzoning an subsequent access road and greenhouse relocation, the public Stands to have such disruption of public services our on multiPli;,T,,,,,:,Yand at significantly increase cost due to this premature rezoning. 8.;: The applicant retains reasonable y*,:ofthe affe*dproperty toady and, with approval of the Agricultural EntertainMe*Busineki,CUP, is allowed for reasonable expansion of said busineSSwithin4hezacceptable parameters established by the City. Mayor Johnston seconded theMOtiOri4The motion passed 5-0. CONDITIONAL USE PERMIT A IVENT':. To amend the existing conditional use permit currently aLlowing,operatiqn of Country Sun Farm & Greenhouse at 11211 60th Street North to add.4PpiqXiMatelY'vr,„acres of land (as the rest is in a roadway easement) for the "greenhouse" and "fqOd,coneitsion" uses currently permitted. This land would be added to allOWthe eventual future movement of existing uses for the business. This amend would include the construction of an overflow parking area of 39,900 square feet which is accessory to'theibther'Uses on the site. Action on the requested CUP Amendment to extend CUP uses to newly rezoned property MOTION: Mayor Johnston moved to approve Resolution No. 2009-051 (Option B) denying the requested CUP amendment, with the specific findings offact: 1. That the procedures for obtaining said Conditional Use Permit Amendment and are found in the Lake Elmo Zoning Ordinance, Section 154.018. 2. That all the submission requirements of said Section 154.018 have been met by the applicant. 3. That the proposed Conditional Use Permit amendment is to include an additional 24 acres to the existing 43 acres and to allow construction of a 39,900 square foot LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 5 overflow parking lot. The applicants are intending to move existing structures (greenhouses) and uses (hay ride and corn maze) to this area at a time in the • future if and when the reconfiguration of County Road 17 and State Highway 26 and a subsequent frontage road displaces those uses and structures. The Conditional use Permit amendment would allow the movement of the following use and structure: a. Greenhouse growing range b. Sale of concessions 4. That the uses identified in the existing Conditional Use Permit are not allowed without the rezoning of the property to the Agricultural zoning district. 5. The proposed amendment, as stated by the applicant, is intended to allow the movement of an existing greenhouse to the property dueto'a future reconfiguration of County Road 17 and State Highway,:6. This is preemptive in nature as a plan for the reconfiguration has not been approved nor is a timeline identified for when the project will take place. a. The area identified for movement of the'igreenhouse may be n conflict . ,;;• with a future frontage road, public ,Unlities, pr„other improvements in conjunction with a future reconfigUration,ofthe interchange. That the Conditional Use Permit Amendment does not meet the review criteria for Conditional Use Permits (Section 1,54:"00),;„,,, .. a. Without road reconfiguratiokand*Until:sUch road reconfiguration occurs, the applieant'would still have reasonable use of existing property, in addition to the43roPer:ty iden,ed within this CUP. The expansion o the"c rope Ark11 likely lead to an expansion of the existing . • uses which would, negatively impact traffic conditions on the site, a ApplStints'OWn,.app4ocition material includes MNDOT concern over increased trafficprobleins, leading the City to conclude serious community life.health and safety considerations would be detrimentally harmed by apprOVal of this CUP. Council Member Park seCOn—ded the motion. The motion was passed 5-0. The City Planner explained due to recent ordinance changes and the evolving nature of these types of requests, City Staff and the Planning Commission recommended the City Council direct greater scrutiny of this issue as part of the department's 2010 Workplan. MOTION: Council Member Smith moved to direct the inclusion of the recommendations' promulgated by the City staff and .Planning Commission and delineated in this communication in the Planning Department's 2010 Workplan. Council Member DeLapp seconded the motion. The motion passed 5-0. LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 2009 6 MOTION: Mayor Johnston moved to delay enforcement of seasonal sales of Christmas trees until the end of the year. Council Member Smith seconded the motion. The motion passed 5-0. The meeting was adjourned at 9:40 p.m. Respectfully submitted by Sharon Lumby ''.',:ii'''.• 2.,:„: LAKE ELMO CITY COUNCIL MINUIES DECEMBER 1, 2009 7 CITY OF LAKE ELMO A YOR & COU. 'AI A TON AGENDA ITEM: Approve Disbursements in the Amount of SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Acirninistrat REVIEWED BY: City Staff DATE: 12/15/09 CONSENT AGENDA ITEM #: 2 ( $ 119,243.62 SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of $ 119,243.62. No specific motion is needed, as this item is recommended to be part of the overall approval of the Consent Agenda. STAFF REPORT: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations. Below is a summary of current claims to be disbursed in accordance with State law and City policies and procedures. Claim # Amount Description ACH $ 6,404.82 Payroll Taxes to IRS 12/03/2009 ACH $ 1,065.93 Payroll Taxes to Mn Dept. of Revenue 12/03/09 ACH $ 205.00 Payroll Levy to MN. Dept of Revenue 11/30/09 DD2531 - DD2545 $ 19,492.05 Payroll Dated 12/03/2009 (Direct Deposit) 35025 - 35028 $ 16,274.62 Payroll Dated 12/03/2009 ( Payroll) 35029 - 35084 $ 75,801.20 Accounts Payable Dated 12/15/2009 Total: $ 119,243.62 STAFF REPORT: City staff has compiled and reviewed the attached set ofclaims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction. RECOMMENDATION: It is recommended that the City Council approve as part of its Consent Agenda proposed disbursements in the arnoilnt of $ 3 10,149.37. -- page 1 -- City Council Meeting Consent - Approval of Disbursements December 15th, 2009 Agenda Item #2 Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. A'l '1'ACHMENTS: 12/11/2009 Accounts Payable SUGGESTED ORDER OF BUSINESS (if removed from Consent AeendO: Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on. Motion Mayor Facilitates -- page 2 — Accounts Payable To Be Paid Proof List (1ser: Administrator Printed: 12/11/2009 - 8:52 AM Bate 002-12-7009 Invoice # Itiv Date AMERICAN Ainerican Engineering and Testi 46314 11/20/2009 101-430-3100-43030 Engineering Services 46314 Total: AM ERIC.AN Total: Amount Quantity e DeSeriptinn Refteenve Task Type 14) # Cluse POLine # 176.00 0.00 12/15(20(19 Sieve analysis or 2009 overlay gravel No 0000 176.00 176.00 ANCOM ANCOM COMMUNICATIONS, INC, 12508 11/13(2009 13.36 0,00 12/15/2009 Pager Repair Wntratt ty 101-420-2220-43230 Radio 12508 Total: 13.36 ANCOM Total: 13.36 ARAM Aramark, inc. 629-6840515 111/12/2009 82.84 0.00 12115/2009 Linen City Hall 101-41(1-1940-44010 Reonirs/Maint Contractual Bldg 629-6840515 Total: 82.84 629-68435(15 10/15(2009 362() 0.1)0 12/15/2009 Uniform 101-430-3100-44170 Uniforms 629-6843505 Total: - 36,26 629-6845417 10/19/2009 40.86 0.00 12/15/2009 Monthly Rug Service Station fil Oct 10 I -420-2220-44010 'Repairs/Maint Bldg 629-6845417 Total: 40.86 629-6845418 10/19/2009 42.56 0.00 12/15/2009 Monthly Rug Service Station/0 Oct 101-420-2220-44010 Repairs/M ain Bldg 629-6845418 Tota1: 42.56 629-6878364 12/03/2009 2872 (1.00 12/15/2009 Uniforms 101-430.3100-44170 Undfoons 629-6878364 Total: ARAIvl Total: 231,24 Al - To Be Paid Proof List (12/11/09 - 8:52 AM) No 0000 No 0000 No 0000 No 0000 0000 No 0000 Rage 1 Invoice # Inv Date ASP ENM1 Aspen Mills, Inc. 93764 12/11/2009 101-.420-2220-42400 Small Tools & Equipment 93764 Total: 99.95 93765 . 12/11/2009 138.50 0.00 12/15/2009 lvledI Coat 101.420-2220-44170 Uniforms 93765 Total: 138.50 ASP ENMI Tolal: 238,45 Task Amount Quantity Putt Date -Description. Reference Type PO # Close POLine # 99.95 0.00 12/15/2009 Bunker BoOts BURN Burnet Title Chk Req 12/09/2009 261.80 0.00 12/15/2009 Street Assessment over p.tayment 409-000-0000-12100 Special Assessment Current Chk Reg Total: 261.80 BURN Total; 261.80 C&.1 CONS C & .1 Consulting Services, 1-LP 11-2009 12/02/2009 925,00 0.00 12/15/2009 Monthly Accounting Service 101-410-1520-43150 Contract Services November 09 11-2009 Total: 925.00 C&J CONS Total: 925.00 CAPRA CAPRA'S UTLITIES INC, 2028 12/03/2009 1,722.00 0.00 12/15/2009 Ilaghergs water service repair 601-494-9400-43150 Contract Services 2028 Total: 1,722.00 C1APR A Total; 1,722,00 CARQUEST Car Quest Auto Parts 2055-173697 11/25/2009 18,96 0.00 12/15/2009 Air filter and reflective tape 03-1 101-430-3100-42210 Equipment Parts - 2055-173697 Total: 18,96 CARQUEST Total: 18.96 COMCAST COMCAST 1 U27/2009 11/27/2009 1(11-420-2220-44300 Miscellaneous 11/27/2009 Tolal: COMCAST Iota!: AP - To Be Paid Proof List (12/11/09 8:52 AM) 7.90 0.00 12/15/2009 Monthly Service 7.90 7.90 No 0000 No 0000 No 0000 No 0000 No (1000 No (1000 No ONO Page 2 Invoice. 11 1w Datt COM P ENS A Compensation Constdiants, Ltd I 1/25/2009 11/25/2009 1(11-410-112(1-44300 Miscellaneous 11/25/2009 11/25/2009 101-4 ICI-1320-44300 Miscellaneous 11/25/2009 Total: COMP ENSA Total: CIY13 LOOM City of Bloomington November 2009 I I/30/2009 001-494-9400-42270 Utility Systeni Maintenance November 2009 Total: CTY BLOOM Total: Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine 40,00 0.00 12/15/2009 Monthly Admit) Fee December 2009 150.00 0.00 12/15/2009 Annual Fee I 90.00 190,(/0 337.54 0.00 12/15/2009 Lab Bacteria l'ests 337,54 137,54 No 0000 No 0000 No 0000 CTYROSEV City of Roseville 0010304 12/1)4/2009 1,551,58 0.00 12/15/2009 Monthly IT Services December 2009 No 0000 01-4 10-1450-43 I 80 fulmination Technology/Web 0010394 Total: 1,551.58 CTYROSEV Total: 1,551.58 D HU XE Deluxe Business Checks 2.014740746 10/24/2009 403,67 0.00 12/15/2009 Check Stock No 0000 101-410-1320-42010 Printed Forms 2011-740746 10/24/2009 -25,97 0.00 12/15/2009 Use Tax Payable No 0000 101-000-0000-20201 Use Tax Payable 2014740746 Total: 377.70 2015064427 11/29/2009 67.59 0.00 12/15/20(19 Deposit Bank Forms No 0000 101-410-1320-42030 Primed rornis . . 2015064427 Total: 67,59 DELUXE 'Total: 445.29 ECIC B ERG Eckberg Lamers Briggs Wolff 100721 1 1/30/2009 3,810.95 0.00 12(15/2(1(19 Legal Services - Civil NO 0000 101-410-1320-43040 Legal Services 10072 I Total: 3,810.95 ECKI3 ERG Total: 3,810.95 ENVENTIS ENVENTIS 71'7500 12/01/2009 101-430-.3 00-43210 Telephone 737500 Total: 444.67 0,00 12/15/2009 'Telephone & Datil Wotks Dee.09 444.67 No 0000 AP - To Be Paid ProofList (12/11/09 - 8;52 AM) Page 3 Invoice # Inv 1)ate Amount Quantity Pint Date Description Reference Task Type PO 4 - yr 738507 12/01/2009 526,29 0,00 12/15/2009 Telephone & Data City Hall Dec.09 101-410-1940-43210 Telephone 738507 Total; • 526.29 ENV ENTIS Total: 970:96 Gophseal GOPHER STATE SEALCOAT INC. Pay Cert. 1 10/30/21109 25,200.00 110(1 12/I5n009 Sealcoat Streets - 2009 409-480-8000-45300 Improvements Other Than /Wigs Pay Cert. I Total; 25,200.00 Gophscal Total ' 25,200.00 11 & L 11 & L Nlesahl 78810 11/30/2009 1,911.18 0.00 12/15/2009 Snow Plow Cutting Edges 101-430-3125-44040 Repairs/Main t Eqpt 78810 Total: 1,9 I .18 H&L Total: 1,911,18 I IAGBERGS Hagbergs Country Market 2933113 11/07/2009 20.14 0,00 12/15/2009 Refreshments for Sat. AM drill 101-420.2220-44300 M iscellaneous 293303 Total; 20,14 HAGBERGS Total: 20,14 KOV Kern DeWenter Vlore Ltd 102111 11/30/2009 601-494-9400.43150 Contract Services 102111 Total: KDV Total: LARSON LARSON DIESEL SERVICE 91105010 11/05/2(109 • 101-430-3120-44040 Repairs/Maint Eqpt 91105010 Total: 91123(137 11/23/2009 101-430-3120-44040 Repoirs/iMnint Eqpt 91123037 Total: 91123039 11/23/2009 101-430-3120-44040 Repairs/Maint Eqpt 91123039 Total: AI' - To He Paid Proof List (12/11/09 - 8:52 AM) 6,142.50 0,00 12/15/2009 Financial Services - November 2009 6,142.50 6142.50 1,105.77 0.00 12/15/2009 DOT and repairs on 86-1 1,11)5.77 311.16 0.00 12/15/2009 DOT and repairs on 06-1 311.16 83.90 0.00 12/15/2009 DOT 02-1 83.90 No 0000 No 0000 No 0000 No 0000 No (100(1 No 0000 No 0000 No NOD Page 4 Invoice it Inv Date Amount Quantity Pnit Date Description I e Task Type # Close POLine # -.V.I.ly,4,114-• ...rnrmitomanw, *un•••• •••••• . - LARSON Trital; 1,5(10:83 LEOIL Lake Elmo 011, loc. 1 1 /30/2009 I 1 /30/20(19 40 1,94 0.00 12/15/2009 Fuel No 0000 101-420-2220-42120 Fuel, Oil and Fluids 1 /30/2009 Total: 401.94 LEOIL 'rota!: 401.94 Lillie. Newspapers Inc. Lillie Suburban 12(0 I /2009 -45,60 0.01) 12/15/2009 Credit No 0000 i () i ...4 1 0..1 320-44300 Miscellaneous Total: -45,60 007148 12/01 /2009 37,13 0.00 12/15/2009 Legal Publication - Planning No 0000 11)1-410-191 0-44300 Miscellatieous 007 148 1 2/01 /20(.19 46, 13 0.00 12/15(2009 Al) For Public Works employee No 0000 101-430-3100-44300 M iseellancous 007 148 12/0 I /2009 30.38 0.00 12/15/2009 Legal Publication -Budget & Levy NO 0000 101-410-1520-44300 Miscellaneous 007148 Total: 113.64 Lillie Total: 68.04 LOFF Loftier Companies, Inc. 1073383 12.(01/2009 208,62 0,00 12/15/2009 1 01-411)- 40-44640 No 0000 101-410-1940-44040 Repairs/1vlaint Contractual Eqpt I (173383 Total: 208.62 LOFT Total; 208.62 LUCZAK Carole Luczak C111( Req I 2/02/2(8)9 40,00 0,0)) 12/15/2009 Notary Renewal No 0000 101.41 0-1320-44,300 Miscellaueons CI) k Reg Total: 40.0U LUCZAK Total; 40,00 MAGNUSON IN,4agitusou Gerald 12/1 /2009 12/01 /2009 101-000-0000-21 7 I (1 FISA 12/1 /2009 Total: MAGNUSON Total: 302.57 0.00 12/15/2009 Health Savings Reimbursement 302.57 302.57 No 0000 - To lIe Paid Proof List (12(1 1 /09 - 8:52 AM) Page 5 lovoice lnv Date MARONEYS Maruney's Sanilatiuti, Inc 316103 12/(1412008 101-4 10-1940-43840 Refuse 3161(73 12/04/2008 101-420-2220-43840 Refuse 316103 1.2/04/2008 101-430-3100-43840 Refuse 316103 12/04/2008.- 101-4511-5200-43840 Refuse 316103 Total: MARONEYS Total: Mnount Quantity Pin t Upte DeserlOtIon Reference Task TYPe PO / Close KILN e tvl ATI4ON4 ED Ntalitoinedi Piro Department Chk Reg I U30/2009 I 01-420-2220-44370 Conferences & Training Chk Reg Total: MATIIOM ED Total: 103..66 0.00 12/15/2009 Waste Rein -oval - City Hall 45,62 0.00 I 2/ 1 5/201,19 Waste Removal - Fire 198,87 0.00 12/15/2009 Waste Removal - Public Works 193.87 0.00 1 2./1-5/2009 Waste Removal - PArksl 547.02 547.02 134.00 0.00 12/15/2009 NPA-Salty Officer Class 134.00 134.00 MATZEK Kell i Matzck 12/2/2009 12/02/2(1(19 15.00 0.00 I 2/1 5/2009 A view from die river workshop 101-4 10- I 91(1-44370 Conferences & 'Training 12/2/2009 12/02/2009 22.00 0.00 12/192009 Cly copies ofDoes for BergiOnon CUP 101-410-1910-42030 Printed Forms 12/2/2009 Total: 37.00 114 ATZEK Total: 37,00 MENARDSO Menards ()Riddle 12990 1 1 /24/2009 101-430-3100-41300 Miscellaneous 12990 Total: MENARDSO EN Total:' 3,1.19 (WO 12/15/2009 Christmas Lights 31,19 31.19 ENAR DST Mcnards Stillwater585135 12/04/2009 2..68 0.00 12/15/2009 Ceiling 'rile, replaced water darnage I 01-420-2220-44010 Repairs/M aint Bldg 58535 12/04/2009 6,86 0.00 12/15/2009 Cords for 'Truck 1 01-420-2220-44040 Repairs/Maint Eqpt 58535 Total: 9,54 M EN ARDST Total: 9.54 A...Mr vroroovaa*gal......arr Al' - To Be Paid Proof List (12/11 /09 8:52 AM) No 0000 No 000(1 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 6 Invoice # Inv Date NIES Municipal Emergency Services OU I 22749-SNV 09/15/2009 101-42U-2220-42400 Sinal1 Tools &. Equipment 00122749-SNV Total: MES Total: Anionnt Quantity Pnit Date Description Reference Task TYPe PO ft Close POJJ 87,61 0.00 12/1.5/20119 Replacement F 87.61 87,61 1 METCOU Metropolitan Council 0000914913 12/02/2009 ' 1,374,96 0.00 I 2/ t 5/2009 Monthly Wastewater Service - Jail 602-495-9450-43820 Sewer Utility - Met Council 2010 00011914913 Total: 1,174,96 METC01,1 Total: I .374,96 MFRA McCombs Frank Roos Assoc Inc. 66182 12/01/2009 101410-1910-43150 ConIrmo Services. 66182 Total: MFRA Total: 0000 No 0000 782,90 U,00 12/15/2009 Code Ein(brcement/General Planning No 0000 782.90 782.90 MILLERE,X Miller Excavating, 14509 11/30/2009 540.00 0.00 12/15/209 Grading gravel roads No 0000 101-430-3120-431.50 Contract Services 14509 Total: 540.00 MILLEREX Total: 540.00 MSFDA MSFDA 11/25/21109 I 1/25/2009 101-420-2220-44330 Dues & Subscriptions 11/25/20(19 Total; MSFDA Total: 216,00 0.00 12/15/2009 Annual. Dues for MSFDA 216:00 216,00 NATREPRO National Reprographics, LLC 64584 I I /06/2009 9,43 - 0.00 12/15/2009 Color copies for holier Setback rnaps 101-410-1910-44300 Miscellaneous 64584 Total: 9.43 NATREPRO Total: 9.43 NORCHEM Northland Chemical Corp. 5027886 -I 1/24/2009 154,74 0.00 12/15/2009 Salt & Liquid De-Icer City Hall 1131-41 0-1940-440 10 Repairs/Mai nt Contractual Bldg Sidewalk 5027886 Total: I 54.74 AP - To Be Paid Proof List (12/1 1/09 - 8:52 ANr1) No 0000 N ONO No 0000 Page '7 Invoke # Inv Date NORCHEM Total: NORTHTOO HSBC BusineSs Solutions 1 I /24/2009 11/24/2009 410-480-8000-45800 Other Equipment 11/24/2009 Total: 11/25/2009 11/25/2009 101-470-2220-44040 Repairs/Maint Eqpt 1 I /25/2009 11/25/2009 101-420-2220-44040 Repairs/1vtairit Eqpt 1 1(25/2009 Total: NORTHT00 Total: ON EpALL One Call Concepts, hie Gopher Suit 9110621 11/30/2009 101-430-3100-4315U Contract Services 9110621 Total: ON ECALL Total: OWL & EMC Test Labs, hie, Owl Engineer 7960 11/30/2009 101-410-1910-43150 Contract Services 2960 Total; OWL Thin!: PIONEER') Pioneer Press 1009515526 12/02/2009 I 0)-410-1450-43510 Public Notices 1009515526 Total: P1ONEERP Total: PLANTH PLANT FIEALTI•1 ASSOCIATE,S, 1NC 9834/9 12/09/2009 101-430-3250-43150 Contract Services 983-09 12/09/2(109 203-490-9070-43150 Contract Services 983-09 Total: PLANT!' Total: AP - To Be Paid Proof List (12/11/09 - 8:52 AM) • Amount Quantity Pint Dote Description Re 154,74 77.09 0.00 12/15/2009 Battery minder and hitch for rtuiger 77 09 53,53 0,00 12/15/2009 Battery minder to correct problem 3175 149,99 0,00 12/15/2009 Battery charger For station /replace 203.52 280,61 149.00 149.00 149.00 0.00 12/15/2009 Line Locales November 2009 9,200,00 0.00 12/15/2009 Wireless Ord. Project Consultant fees 9,200.0U 9,700.00 269,04 0,00 12/15/2009 Public Hearing Notice - Wireless Ord 269.04 269,04 936,00 0.00 12/15/2009 Forester SeivieeS Nov. 09 312,00 0,00 12/15/2009 Forester Services Development / .248.00 1,248.00 Task Type PO # Close POLIne No No No 0 0000 0000 0000 0000 0000 No 0000 No No 0000 0000 Page 8 Invoice if Inv Dille Amount Quantity Pmt Date Description Reference Task Type PO # Close POLine # PLLINKETr Plunkett's Pest Control 1432292 12/01/2009 80.16 0.00 12/15/2009 Pcst Control - City Hall 101-410-1940-44010 Repairs/Ivlaint Contractual 131dg 1432292 Total: 80.16 PI-UNKET1' Total. 80.16 PRESS Press Steven 12/11/2009 45.06 0.00 12/15/2009 Cahle Operator - City Council 101-410-1450-43620 Cable Operations Shop 1.2/11/20(19 -2,90 0,00 12/15/2009 Use 'lax Payable 10 c-000-0000-2020 I Use Tax Payable Total: 42.16 17/1/2009 12/01/2009 62,93 0.00 12/15/2009 City Cotitiei I Mtg Cable 101-410-1320-43620 Cable Operation Expense 1'2/1/2009 12/01/2009 -4.05 , 0,00 12/15/2009 City Council Mt g - Cable 101-000-0000-20201 Use Tax Payable 12/1/2009 Total: 58.88 PRESS Total: 1(11.04 No 0000 0000 No 0000 No 0000 No 0000 RENTERS Renter Acceptance 2390 ' 11/30/2009 24.00 (100 12/15/2009 New Employee Background Cheek No 0000 1(11-430-3100-44100 NI iscellaneouS 2390 Total: 24.00 RENTERS Total: 24.00 R1VRCOOP River Country Cooperative 141352 I /30/2009 (01-420-2220-42121) Fuel., Oil and Fluid 141.352 Total: RIVRCOOP Total: 194,26 0.00 12/15/2009 Fuel 194.26 194.26 No 0000 RUD Prince-Rad [Anne 11/17/2009 11/17/2009 342,00 0.00 ' 12/15/2(1(19 Cleaning City Hall K. Annex Ni 0000 101-410-1940-4401(1 Repairs/Maine Col )dg 11/17/2009 11/17/2009 256.50 0.00 12/15/2(109 Cleaning Fire Hall ' No 0000 101-420-2220-44010 Repairs/Maint Bklg 11/17/2009 11/17/2009 29.92 0.00 12/15/2009 Supplies No 0000 101-410-1940-42110 Cleaning Supplies 11 /17/2009 . 11/17/2009 -38.50 0.00 12/1,5/2009 Use Tat No 0000 101-000-0000-20201 Use 'lax Payable 11/17a009 Total: 589.92 AP - To Be Paid Proof List (12/11/09 - 8:52 AM) Page 9 invoice 4 Inv Date RIM Total: Amount Quantity Pint Date Description Reference Task Type PO 4 Close POLitte 589.92 SAM SCLUB Sain's Club 11/30/2009 11/30/2009 44,74 if 00 12/15/2000 Station Stipplies 101-420-2220-44300 Miscellaneous ' 11(30/2009 Total: 44./4 1213 00943 I 1/25/2()09 64.02 0.00 12/15/2009 Flash Drives and 0 tit Cocoa 101-430-3100-42000 Office Supplies 1213 00943 Total: 64.02 SAN4 SC LIM Total: 108,76 SP RI NGI3 Springbrook Software 0012722 09101/2009 101-410-1450-43180 Information TechnoloP.y/Wch • 0012722 Total: , SP RI NUB Total: 4,214,60 0,00 12/15/2009 AnivaWnnncial Maint Support 2010 4,214,60 4,214,60 STILI,GAZ Stillwater Gazette 12/1/2009 12/01/2(109 114.04 0.00 12/15/2009 AD for PT ice rink attendant I 01-430-3100-44300 Miscellaneous 12/1(2009 Total: 114.04 STILLGAZ Total: 114.04 - TASCH T.A. Schifsky & Sons Inc 48465 11/24/2009 126.33 0.00 12/15(2(1(19 Asphalt 101-430-1120-e12240 Street Maintenance Materials 48465 Total: 126.33 TASCH Total: 126.33 VISALIA() VISA 11/30/2009 11(30/2009 53.55 0.00 12/15/2009 Smoke for locating .sttrnwa 603-496-9500-42270 Utility System N4aint Supplies 11/30/2009 Total: 53.55 VISALIA° Total: .53,55 WAS-SHER Washington County 64713 11(30/2009 1,166.90 0.00 12/15/2009 Monthly User Fee fbr 800 MHz Radios 101-420-2220-43230 Radio , 64713 Total: 1,166,90 AP - 10 Be Paid Proof List (12/11(09 - 8:52 AM) No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 Page 10 Invoice # Inv Date Amount Quantky Pun Date Description Reference Task Type PO # Close POLine # WAS-SHER Total: 1,166.90 WASHACC Washington County Clik Rea 12/02/2(109 1 0 I -4 1 IL- 1 320-44300 M iseel (mimic's Chk Rea Total: WASHACC Total: XCE.L Xcel Energy 51-3736544-2 12/1 1 /2009 101-43U-3 160-43810 Street Lighting 51-3736544-2 Total: 5 1-45 72945 1 2/07/20 09 101-430-3 160-4381 0 Street Lighting 51-4572945-7 'fowl: 51 -4576456-1 12/07/2009 101-420-2220-43810 Electric Utility 5 1-4576456-3 Total: 5 I -4580376-5 12/07/2009 101 -4 10-1940-43g 10 Electric 111314 51-4580376-5 '11(01: 51-4733556-8 12/07/2009 101-450-5200-43810 Electric Utility 51-4733556-8 Total: 51-5044219-0 12/07/2009 101-450-5200-43810 Electric Utilit-y 51-5044219-0 Total: 51-5275289-3 12/07/2009 101-450-5700-43810 Electric Utility 51-5275289-3 Total: 51-5356323-8 12/11 /2009 601-494-9400-438 10 Electric Utility 51-5356323-8 Total: 51-5522332-2 12/07/2009 10 I-430-3160-43810 Street Lighting 51-5522332-2 Total: 5 1-5747685-4 12/07/2009 101-450-5200-43810 Electric Utility 51-5747685-4 Total: 5 1-5916043-7 12/07/2009 602-495-9450-43810 Electric Utility 51-5916043-7 Total: 51-6429583-8 12/(17/2009 602-495-9450-43810 Electric 1)tllity 100,00 0,00 12/15/2009 Notary commission renewal 100,00 100.00 1,931,09 0,00 12/15/2009 Street Lights 1,931.09 29.79 0,00 12/15/2009 Slreel Lights 29,79 608,62 OM 12/15/2009 Fire Station 2 608,62 1,009,06 0.00 12/15/2009 City Hall 1.009.06 9„28 0.00 12/15/2009 Tennis Courts 9/8 99,39 0.00 12/15/2009 Parks Bldg 99,39 15,69 (1.00 12/15/2009 PchhIe Perk 15,69 1,312,46 0,00 12/15/2009 Wells 1 & 2 1,312,46 35.31 0.00 12/15/2009 Traffic Lights 35,31 142.55 0.00 12/15/20(19 Atts Center 142.55 16.78 0,00 12/15/2009 Lift Station 16.78 14,88 0,00 12/1512009 Lift Statibit No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 0000 No 001)0 No 0000 No 0000 0000 AP - To 13c Paid Proof List (12/1 1109 - 8:57 AM) Page 11 invoice 0 Inv Date Amount Quantify Pint Date Description Reference 51-6429583-8 Total: 51-6433976-2 12/07/2009 101-420-2220-43810 Electric Utility 51-6433976-2 Total: 51-6625457-1 12/07/2009 101-450-5200-43810 Eleettic Utiliiy 51-6625457-1 Total: 51-6928283-3 12/07/2009 101-430-3160-43810 Street Lighting 5I-6928283-3 Total: 51-6956201-4 12/07/2009 101-450-5200-43810 Electric Utility 51-6956201-4 Total: 51-7538112-1 12/(77/2009 101.430-3100-43810 Electric Utility 51-7538112-1 Total: 51-8126093-5 12/(17/20(79 601-494-9400-43810 reetric Utility .51-8 126093-5 Total: 51-8711719-3 12/07/2009 101-430-3160-43810 Street Lighting 51-8711719-3 Total: X(..'EL Total: YOCUM Yocum Oil Company, Inc.. 181195 11/23/2009 I 01-430-3100-44010 Repairs/Nlaint Bldg 181195 Total: YOCIJM Total: Report '1 otal: AP -To Be Paid P root' List (12/11/(19 8:52 AM) 14,88 283,63 0.00 12/15/2009 Fire Station I 283,0 54.51 0,00 12/75/2009 Legion Park 54.51 25.59 0,00 12/15/20(19 Tranie Lights 54.21 0,00 12/15/2009 VFW Bonfield Lts 1,223.65 0,00 12/15/2009 Public Works 122.20 0,00 12/15/2009 Water Tower 2 10.37 0,00 12/15/2009 Speed sign 11 25.59 54,21 1,223.65 122.20 10,37 6,999.06 160.69 0.00 12/15/2009 Bulk Oil Tanks 160.69 160.69 75,801.20 Task Type PO # Close POLine # No No No No No No No NO 0000 0000 00(10 0000 0000 0000 0000 0000 Page 12 AYOR & CQUNCiL CQMMUN!CATION AGENDA HEM: SUBMITTED BY: THROUGH: •DAI 12/15/09 CONSENT ITEM #: Approval of Contingent -Offer of Employment for Ice Rink Operator and other Intermittent Employees. Mike Bouthilet, Public Works Supervisor Kyle Klatt, Planning Director Sharon Lumby, City Clerk Bruce Messelt, City Administrato REVIEWED BY: City Staff SUMMARY AND ACTION REOUESTED: Pursuant to approval of the 2010 Annual Budget and City Council direction, authorization is requested to offer employment to the most qualified candidate for the position of Ice Rink Operator, as well as authorization for the City Administrator to execute minor employment and/or service contracts for a variety of positions of less than 50% FTE or intermittent in nature. Suggested motions: "Move to approve an offer of Employment to the most qualified candidate for the position of Ice Rink Operator, consistent with the already -budgeted compensatory parameters for the position and contingent upon completion of reference checks and an appropriate background investigation." "Move to authorize the City Administrator to renew and/ar execute minor employment and service contracts for various minor City positions, consistent with City policies and the approved 2010 Annual Budget." BACKGROUND INFORMATION: The positions identified herein are fully funded in the City's FY 2010 Annual budget. Larger and more significant employment agreements and professional services contracts will continue to be brought to the City Council for consideration on an individual basis. The City is currently finalizing the recommended selection of an Ice Rink Operator, following advertizing and selection of candidates to interview. Other positions are anticipated to be renewed "as is" to the _geatest extent.practicable, with the exception of augmenting the number of additional Back-up Cable Operators, due to limited availability of current Cable Operators. STAFF REPORT: City staff has followed the normal advertizing, review, interview and recommendation for the position of Ice Rink Operator. However, a final recommendation is not available City Council Meeting Approval of Various Employment/Service Contracts 1. December 15th, 2009 Consent Agenda Item #3 prior to the December 15th, 2009 Council Meeting. As a result, City Staff is recommending approval of a. Contingent Offer of Employnient to the most qualified candidate. In addition, the following minor City positions and/or service contracts, as determined by their limited. %, the intermittent nature of their enaploymetzit, or the.size and scope of their contracts, are identified for either annual renewal or re-appointi uent: • Custodial Services for City Facilities • Forestry Services • Planning Advisor • Ski Trail Grooming Services • CDBG Administrator Snow Plow, Sanding and Salting Services • Accounting Clerk • Assessing Services • Animal Control Services Many current contracts have automatic annual renewal provisions and may follow a non -calendar year . schedule. Affirmative authorization of tonight's recommendation will allow the City Administrator and staff to review and standardize -such employment agreements and contracts and pursue, where reasonable, additional efficiencies and progranamatic improvements. RECOMMENDATION: It is recommended that the City Council undertake the following twa actions: "Move to approve an offer of Employment to the most qualified candidate for the position of Ice Rink Operator, consistent with the already -budgeted compensatory parameters for the position and contingent upon completion of reference checks and an appropriate background investigation." "Move to authorize the City Administrator to renew and/or execute minor employment and service contracts for various minor City positions, consistent with City policies and the approved 2010 Annual Budget." Alternatively, the City Council may elect to reject either or both proposed motions and await specific recommendation on the hiring of an Ice Rink Attendant and direct that all City -related employment agreements and/or service contracts be brought directly to the City Council. ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS (if removed from Consent Aeenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates AYOR & COUNCIL COMMUNICATION DATE: 12/15/09 CONSENT ITEM #: 4 MOTION AGENDA I EM: Approve LIVLNCIT Insurance Renewal and Monetary Limits on Tort Liability .Coverage SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administratofi REVIEWED BY: Dave Snyder, City Attorney SUMMARY AND ACTION REOlUESTED: The City Council is being asked to consider whether or not to waive the statutory tort limits for the City's liability insurance coverage. Based upon the identified needs and liabilities of the City, it is recommended that the City Council approve the liability coverage -waiver form stating that the City -does not waive the monetary limits on municipal tort liability as established under Minnesota Statues 466.04. The suggested motion (as part of the Consent Agenda) is: "Move to approve the liability coverage -waiver form stating that the City -does not waive the monetary limits on municipal tort liability as established under Minnesota Statues 466.04." BACKGROUND JNFORMATION: The City Council is being asked to consider whether or not to waive the statutory tort limits for the City's liability insurance coverage. The City of Lake Elmo obtains liability coverage through the League of Minnesota Cities Insurance trust for buildings and vehicles. The coverage also covers tort liability. Because of this coverage, the City must decide whether or not to waive the monetary limits on municipal tort liability as established by Minnesota Statutes §466.04. STAFF REPORT: If the City does not waive the statutory rt liinits, an individual claimant would be able to recover no more than S500,000 on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,200,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the City waives the statutory tort limits, and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,200,000 on a single occurrence. The total — page City Council Meeting December 15th, 2009 Approve LMNCIT Liability Coverage Waiver Form Consent Agenda Item #4 which all claimants would be able to recover for a single occurrence to which the statutory limits apply would also be limited to $1,200,000, regardless of the number of claimants. If the City waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. RECOMMENDATION: It is recommended that the City Council un.dertake the following action approve the liability coverage -waiver form stating that the City does not waive the monetary limits on municipal tort liability. The suggested motion to do so is as follows: "Move to approve the liability coverage -waiver form stating that the City does not waive the monetary limits on municipal tort liability as established under Minnesota Statues 466.04." Alternatively, the City Council may elect to reject the proposed motion discuss this issue further and pass an alternative resolution. ATTACHMENTS: Liability Coverage - Waiver Form SUGGESTED ORDER OF BUSINESS (if removed from Consent Aeenda): Questions from Council to Staff Mayor Facilitates - Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page SECTION I: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: a If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000. on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory ort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. o lf the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. accepts liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: E The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. 1:1 The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMC17; 145 University Ave. 144, 5t. Pau/, MN. 55103-2044 Page 14 VI AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: OUNCIL C CA i DATE: CONSENT HEM #: 5 MOTION 5/09 Substantial Completion of the Public infrastructure Improvements within Farms of Lake Elmo — Authorize Release of Letter of Credit No. 453 in the Amount of $21,250 and accept Cash Escrow for the Remaining Items Kyle Klatt, Planning Director Ryan Stempski., Assistant City Engineer Bruce Messelt, City Administrato Dave Snyder, City Attorney Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: The City Council is asked to release the Letter of Credit securing public infrastructure installed as part of the Farms of Lake Elmo Development. Instead of extending the Letter of Credit, the developer has provided cash security in the amount of $12,000 to ens -are completion of the two remaining items by June 30, 2010. To accomplish this, the following motion is proposed to be included as part of approval of the Consent agenda: "Move to authorize the 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." BACKGROUND INFORMATION: The public infrastructure within the development has been substantially completed (see attachment No. 1). The developer of the Farms of Lake Elmo has addressed all punch list items except for additional treatment and seeding of the drain field area and the removal of a plug in the sanitary sewer pipe located within the public Right -of -Way. These items cannot currently be completed due to weather conditions. STAFF REPORT: City staff has reviewed the status of this development and finds the request reasonable. Letter of Credit No. 453, secured by Lake Elmo Bank, in the amount of $21,250 is set to expire on December 21, 2009. Instead of extending the Letter of Credit, the developer has agreed to provide cash security in the amount of $12,000 to ensure completion of the two remaining items by June 30, 2010. -- Page 1 City Council December 15 e 2009 Substantial Completion of Farms of Lake Elmo Consent Agenda Item #5 • RECOMMENDATION: It is recommended that the City Council authorize the release of Letter of Credit No. 453, in the amount of $21,250, based on the substantial completion of the public infrastructure and the provision of a cash security in the amount of $12,000 for the remaining items to complete the development. The suggested motion to accomplish this is as follows: "Move to authorize the 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." Alternatively, the City Council may elect to remove this item from the consent Agenda, discuss the item in greater detail, accept or reject the suggested motion, and/or provide City staff direction other than that recommended. ATTACHMENTS: City letter of substantial completion dated December 10, 2009. SUGGESTED ORDER OF BUSINESS (if removed from Consent Aeenda): Questions from Council to Staff. Mayor Facilitates - Call for Motion Mayor & City Council - Discussion Mayor & City Council - Action on Motion Mayor Facilitates — page 2 -- 101.4,0 0 we ENGINEERS - ARL,HITECTS_. PLANNERS December 10, 2009 Mr. Jack Kron,,ard M & K Development, LLC. 14791 60th Street North Stillwater, Minnesota 55082 Re: Engineer's Acknowledgement of Substantial Completion Farms of Lake Elmo City of Lake Elmo, Minnesota TKDA Project No, 13819.004 Dear Mr. Kronsaxd: 444 Cedar Street; Sur.e. 1500 Sairt Pauf, MN 55/G1-2140 (551) 292-4450 (651 2.92-0083 Fax www,t)ccia.corn We have reviewed the Developer -installed improvements for the Farms of Lake Elmo Development, and find that the work has been substantially completed in accordance with the Developer's Agreement, the Contract, Plans and Specifications, and the applicable standards and ordinances of the City. The items that remain to be completed are weed treatment and seeding of the drainfield area and the removal of a plug in an unused sanitary sewer line. These items were not able to be completed this year due to weather conditions. A cash security in the amount of $12000 has been provided to the City of Lake Elmo to ensure these items are completed by June 30, 2010, Sincerely, Ryan W.tmpi P.E. Assistant Citsr Eunineer cc: Bruce Messelt, City Administrator Kyle Klatt, Planning Director Mike Bouthilet, Public Works Superintendent AP Employee °Kra' Company Promoting Affirmative Action aril Equa1 Opportuniti arr OF LAKE ELMO 0J AYOR & COUNCIL COMMUNICATION DATE: 12/15/09 CONSENT ITEM #: 6 MOTION: Resolution 2009-053 AGENDA 1 fEM: Approve One -Day Gambling License: Maplewood -Oakdale Lions. SUBMITTED BY: Sharon Lullaby, City Clerk TBROUGH: Bruce Messelt, City Administrator • REVIEWED BY: Dave Snyder, City Attorney ST_TNIMARY AND ACTION REOUESTED: Pursuant to state statutes and City review, the City Council is asked to affirmatively consider the Maplewood -Oakdale Lions annual One -day (February 1, 2010), Off -Site Gambling License to sell raffles and hold bingo at the Lake Elmo Inn Event Center. Staff is recommending approval of issuing the charitable gambling license. The Recommended Motion is: "Move to adopt Resolution No. 2009-053 Approving the Issuance of a Charitable Gambling License by the State of Minnesota to the Maplewood/Oakdale Lions." BACKGROUND INFORMATION: The City has the authority and responsibility to review and, if acceptable, issue such licenses. STAFF REPORT: City staff has reviewed the application and finds no issues of concern. RECOMMENDATION: It is recommended that the City Council undertake the following: "Move to adopt Resolution No. 2009-053 Approving the Issuance of a Charitable Gambling License by the State of Minnesota to the Maplewood/Oakdale Lions." ATTACHMENTS: 1. Application to conduct annual off -site gambling at Lake Elmo Inn Event Center 2. Resolution No. 2009-053 SUGGESTED ORDER OF BUSINESS Of removed from Consent Azenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayar & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page 1 — RESOLUTION NO. 2009- O5 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING THE ISSUANCE OF A CHARITABLE GAMBLING LICENSE BY THE STATE OFMINNESOTA TO THE MAPLEWOOD/OAKDALE LIONS WHEREAS, the Maplewood/Oakdale Lions has requested that the State of Minnesota issue a One -Day (February 1, 2010) Off -Site Gambling License; and WHEREAS, the Maplewood/Oakdale Lions has requested to sell raffles and hold bingo at a location within an establishment known as the Lake Elmo Inn Event Center, located at 3712 Lake Elmo Avenue N., Lake Elmo, Minnesota; and WHEREAS, the Maplewood/Oakdale Lions comply with the Charitable Gambling rules and regulations as set forth in Section 1110.04 of the Lake Elmo Municipal Code; NOW, THEREFORE, BE IT RESOLVED, that the City Council of Lake Elmo hereby approves the issuance of a charitable gambling application requested by the Maplewood/Oakdale Lions. ADOPTED, by the Lake Elmo City Council this 15th day of December, 2009. Dean Johnston, Mayor ATTEST: Sharon Lumby, City Clerk CITY LAKE 1-MO A YO/ rNai CL COMMUNICAIf` N DATE: 12/15/09 CONSENT ITEM #: 7 MOTION AGENDA ITEM: Adopt 2010 Calendar of City Council Meetings and Workshops SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce Messelt, City Adrninistratori% SUMMARY AND ACTION REOUESTED: Pursuant to state statute, the City Council is asked to adopt the 2010 calendar of Council meetings and Workshops, if needed. The Suggested motion, included as part of the Consent Agenda, is as follows: "Move to adopt the 2010 calendar of City Council Meetings and Workshops" BACKGROUND INFORMATION: The City must adopt an official calendar of meetings arid other public forums (Le. workshops), in accordance with state statutes and City policies. Additional changes to the Council Calendar can be undertaken, as needed, on a case -by -case pursuant to the same requirements. STAFF REPORT: City staff has prepared the attached proposed 2010 Calendar. Please note the suggested changes for January, as the first Tuesday falls close to New Years' Day vacations and the current projected Agenda is rather light. In addition to moving the first Regular Meeting to January 12th, the convening of a January 19th Workshop will better facilitate the January 18th Holiday. RECOMMENDATION: It is recommended that the City Council approve the proposed Calendar by the following motion: Move to adopt the 2010 calendar of City Council Meetings and Workshops" Alternatively, the City Council may elect to remove this item from the Consent Agenda, discuss and modify as desired, and amend the proposed motion or provide staff specific direction with preparation of the 2010 Calendar. —page 1 — City Council Meeting Approval of Various Employment/Service Contracts December 15th, 2009 Consent Agenda Item #7 ATTACHMENTS: Proposed 2010 Calendar of Council Meetmgs aiid Workshops (ifneeded) SUGGESTED ORDER OF BUSINESS (if removed from Consent Azenda): Questions from Council to Staff' Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- 2010 CALENDAR OF LAKE ELMO CITY COUNCIL MEETINGS AND WORKSHOPS* (The Mayor and Council have the right to add or cancel meetings.) January 12 — City Council January 19 - Workshop January 26 — City Council (if needed) February 3 — City Council (Precinct Caucus - February 2) February 9 — Workshop February 16 — City Council March 2 — City Council March 9— Workshop March 16 — City Council April 6 — City Council April 13 — Workshop April 20 — City Council May 4 — City Council May 11 — Workshop May 18 — City Col ncil June 1 — City Council June 8 — Workshop June 15 — City Council July 6 — City Council July 13 — Workshop July 20 — City Council August 3— City Council August 10 — Workshop August 17 — City Council September 7 — City Council September 15 — Workshop (Primary Election - September 14) September 21 — City Council October 5 — City Council October 12 — Workshop October 19 — City Council November 3 — City Council (General Election — November ri) November 9 - Workshop November 1 6 — City Council December 7 — City Council December 14 - Workshop December 21 — City Council *7:00 p.m. City Council meetings 6:30-8:30 p.m. workshops AWN? & AGENDA ITEM: SUBMITTED BY: REVIEWED BY: IL CuMf N/CA DATE: 12/15/09 CONSENT HEM #: 8 MOTION Resolution 2009-054 Lake Elmo Library Hours and Days of Operation Bruce Messelt, City Administrator 5A1' Larry Green, Supporters of the Rosalie E. Wahl Library Paul Ryberg, Friend of the Lake Elmo SUMMARY AND ACTION REOUESTEP: This item has been scheduled at the direction of the City Council following its discussion on December 8th, 2009. The recommended motion to act on this is as follows: "Move to approve Resolution 2009-054 Regarding Hours and Days of Operation at the Rosalie E. Wahl Branch Library in Lake Elmo" BACKGROUND INFORMATION: The City Council has requested preparation of a Resolution of support for efforts by the community to change the days of operation of the Rosalie E. Wahl Branch Library to include Saturdays. Council also directed City staff to include language suggesting affirmative consideration of additional hours of operation for the Lake Elmo branch, though cognizant of the restrictive budgetary situation, and possible utilization of limited staff and/or volunteers for certain additional limited operations. STAFF REPORT: City staff has prepared the attached Resolution at the direction of City Council. Please note that it remains in draft format as it awaits final review from Messer's Green and Ryberg. A final proposed Draft Resolution will be sent to Council prior to Tuesday's meeting. Upon Council action, a letter will also be prepared for transmittal of this Resolution to both the Library Board of Directors and Washington County Commission. RECOMMENDATION: It is recommended that the City Council enact the following otion: "Move to approve Resolution 2009-054 Regarding Hours and Days of Operation at the Rosalie E. Wahl Branch Library in Lake Elmo" -- page 1 — City Council Meeting Lake Elmo Library Hours & Days of operation December 15th, 2009 Consent Agenda Item #8 Alternatively, the City Council may elect to consider an alternative motion, may modify the proposed resolution or may further direct City staff as appropriate regarding this issue. ATTACHMENTS: Resohition 2009-054 SUGGESTED ORDER OF BUSINESS (if removed from Consent Aeenda): Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates — page 2 — CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2009-054 A RESOLUTION OF SUPPORT FOR ESTABLISHING SATURDAY HOURS AT THE ROSALIE E. WAHL BRANCH OF THE WASHINGTON COUNTY LIBRARY SYSTEM WHEREAS, RESIDENTS OF LAKE ELMO AND OTHER PATRONS ARE DEDICATED SUPPORTERS OF THE ROSALIE E. WAHL BRANCH LIBRARY; AND WHEREAS, THE CITY COUNCIL OF LAKE ELMO AND BOTH THE FRIENDS AND SUPPORTERS OF THE ROSALIE E. WAHL BRANCH LIBRARY IN 'LAKE ELMO RECOGNIZE THE PUBLIC LIBRARY AS AN IMPORTANT EDUCATIONAL AND SOCIAL CORNERSTONE OF OUR COMMUNITY; AND WHEREAS, THE CURRENT HOURS OF OPERATION AT THE ROSALIE E. WAHL BRANCH LIBRARY INCLUDE ONLY 4 HOURS PER DAY, MONDAY THROUGH FRIDAY AND DO NOT INCLUDE SATURDAY HOURS; AN WHEREAS, MONDAY AND FRIDAY HOURS: OF'O'PERATION OF 10 AM — 2 PM ARE DEEMED MINIMALLY BENEFICIAL TO; THE OVERALL LIBRARY COMMUNITY AND OCCUR DURING THE REGULAR SCHOOL DAY FOR FAMILIES AND YOUNGER PATRONS; AND WHEREAS; EVENING HOURS ;OF OPERATION OF 2 PM — 6 PM ON TUESDAY, WEDNESDAY AND FRIDAY„ .LEAVE: .LITTLE TIME FOR FAMILIES AND YOUNGER PATRONS TO PATRON1ZE`THE LIBRARY FOLLOWING THE COMPLETION OF WORK, SCHOOL AND AFTER-SCHOOL.ACTIES; NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF LAKE ELMO, CONGINZANT OFBOTH THE OPERATIONAL AND FISCAL CONSTRAINTS FACING THE WASHINGTON ;COUNTY LIBRARY SYSTEM, DOES HEREBY RESPECTFULLY REQUEST'EARNEST CONSIDERATION OF ESTABLISHMENT OF SATURDAY HOURS OF OPERATION, PARTICULARLY FOR FAMILIES AND YOUNGER PATRONS, EVEN IF SUCH SHOULD REQUIRE A CONCOMITANT REDUCTION OF HOURS OF OPERATION DURING OTHER DAYS OR AT OTHER TIMES DURING THE WEEK IN ORDER TO REMAIN REVENUE NEUTRAL AND MINIMALLY DISRUPTIVE TO ASSIGNMENT OF STAFF TO THIS AND OTHER BRANCH LIBRARIES; AND BE IT FURTHER RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF LAKE ELMO FURTHER RESPECTFULLY REQUESTS THAT THE WASHINGTON COUNTY LIBRARY BOARD OF DIRECTORS AND ITS STAFF AFFIRMATIVELY CONSIDER ENTERING INTO A TIMELY DIALOGUE WITH THE CITY OF LAKE ELMO AND THE FRIENDS AND SUPPORTERS OF THE ROSALIE E. WAHL BRANCH LIBRARY REGARDING THIS ISSUE, THE LARGER ISSUE OF IDEAL DAYS AND HOURS OF OPERATION FOR Resolution No. 2009-054 LAKE ELMO AND OTHER PATRONS OF THE ROSALIE E. WAHL BRANCH LIBRARY, AND THE POSSIBILITY OF AUGMENTING SUCH DAYS AND HOURS OF OPERATION WITH CURRENT PROFESSIONAL STAFF, WELL -TRAINED VOLUNTEERS, OR A COMBINATION THEREOF. APPROVED THIS DAY, DECEMBER 15TH, 2009. CITY OF LAKE ELMO By: Dean A. Johnston„ Mayor ATTEST: Bruce A. Messelt City Administrator .,,,.!,',.;:f:::.",„„ ''.:•11, '''''',;',f',,,.. ,,,•,;.J:'' '(;!.;',:)i,.;',:- .„, Resolution No. 2009-054 2 AGENDA ITEM: SUBM1 1 ED BY: I IIROUGH: REVIEWED BY: UNCI 0 DATE: 12/15/09 CONSENT ITEM #: 9 MOTION Resolution Accepting Work for the 2009 Crack Seal Project and Authorize Payment No. 1 (Final) Ryan Stempski, Assistant City Engineer Bruce Messelt, City Administrato Tom Bouthilet, Finance Director Jack Griffin, City Engineer SUMMARY AND ACTION REOUESTED: _The City Council is asked to accept the work completed by Gopher State Sealcoat, Inc. under the contract for the 2009 Crack Seal Project. Additionally, the City Council is asked to approve final payment to Gopher State Sealcoat, Inc. for the 2009 Crack Sea1 Project. As part of the Consent Agenda, the suggested motion is to: "Move to approve Resolution No. 2009-055 Accepting the work for the 2009 Crack Seal Project and Authorizing payment in the amount of $25,200 to be paid from the Street Maintenance Fund for the 2009 Crack Seal project." BACKGROUND INFORMATION: Gopher State has submitted Payment Certificate No. 1 (Final) in the amount of $25,200 with all required documentation. This request has been reviewed and payment is recommended in the amount requested. All work has been completed per contract documents. The one-year warranty will begin December 15, 2009, and extend to December 15, 2010. STAFF REPORT: All work has been reviewed by staff and is fully competed in accordance with the contract, plans and specifications. Please refer to Attachment No. 2, which is the Engineer's letter of final acceptance for this project. RECOMMENDATION: It is recommended that the City Council approve the proposed actions via inclusion in the Consent Agenda of the following motion: -- page I -- City Council Meeting Acceptance of and Payment for 2009 Crack Seal; Project December 15th, 2009 Consent Agenda Item #9 "Move to approve Resolution No. 2009-055 Accepting the work for the 2009 Crack Seal Project and Authorizing paynzent in the amount of $25,200 to be paid from the Street Maintenance Fund for the 2009 Crack Seal project." Alternatively, the City Council may elect to remove this item from the Consent Agenda, discuss and modify as desired, and amend the proposed motion or provide staff specific direction with respect to this item. ATTACHMENTS: 1. Resolution No. 2009-055 2. Engineer's recommendation for final acceptance, dated December 9, 2009 3. Payment Certificate No. 1 (Final) for the 2009 Crack Seal Project SUGGESTED ORDER OF BUSINESS (if removed from Consent Aeenda): Questions from Council to Staff Mayor Facilitates - Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates — page 2 — CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2009-055 A RESOLUTION ACCEPTING THE WORK FOR THE 2009 CRACK SEALING PROJECT - WHEREAS, pursuant to a written contract signed with the City on August 18th, 2009, Gopher State Sealcoat, Inc. has satisfactorily completed the 2009 Crack Sealing Project in accordance with such contract. WHEREAS, the one-year Warranty for the improvements began on December 15th, 2009, and will end on December 14th, 2010 and an one-year warranty inspection will be completed in November, 2010, and the contractor will be required to repair or replace, as directed by the City, any work or materials that are found to be defective, at the Contractor's sole cost and expense. NOW, THEREFORE, BE IT RESOLVED, the work completed under said contract is hereby accepted and approved, and, BE IT FURTHER RESOLVED that the City Administrator and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. Date: , 2009 CITY OF LAKE ELMO By: ATTEST: Bruce A. Messelt City Administrator Dean A. Johnston Mayor Resolution No. 2009-055 TKDA ENGINEERING • ARCHITECTURE • PLANNING The right time. The right people. The right December 9, 2009 Honorable Mayor and City Council Members City of Lake Elmo 3800 Laverne Avenue Lake Elmo, Minnesota 55042 Re: Engineer's Recommendation for Final Acceptance 2009 Crack Seal Project City of Lake Elmo, Minnesota TKDA Project No. 14290.003 Dear Mayor and City Council Members: 444 Cedar Street, Stile 1500 Saint Paul, MN 55101 (651} 292-4400 (651) 292-0083 Fax www.tkda.com We have reviewed the work under Contract for the 2009 Crack Seal Project, and find that the project has been fully completed in all respects according to the Contract, Plans and Specifications as prepared by TKDA. The Improvements are hereby declared to be complete and acceptance of the Contractor's work (Gopher State Sealcoat, Inc.) is recommended. The one-year Warranty Period will begin on December 15th, 2009 and end on December 14th, 2010. RyanW S Project Manager DMK:art cc: Bruce Messelt, City Administrator Mike Bouthilet, Public Works An Employee Owned Company Promoting Affirmative Action and Equal Opportunity TKDA ENGINEERS ARCHITELTS• PLANNERS ()whey 1500 Piper Jaffray Plaza 444 Cedar Street Saint Paul, MN 55101-2140 (651) 292-4400 (651) 292-0083 Fax www.tkda.com Proj. No. 14290.003 Cert. No. 1 (F) St. Paul, MN. October 30 , 20 09 To Citv of Lake Elmo, Minnesota Owner This Certifies that Gopher State Sealcoat Inc. , Contractor For 2009 Crack Sealing Project Is entitled to Twentv-Five Thousand Two Hundred Dollars and 00/140 FINAL being 1st estimale for fiaftia1 payment on contract with you dated Received payment in full of above Certificate, TKDA Gopher State Sealcoat, Inc. , 20 RyantW. S RECAPITULATION OF ACCOUNT Contract price plus extras All previous payments AR previous credits DM No. tt 11 tt tf lt Credit No, AMOUNT OF THIS CERTIFICATE Totals Credit Balance There will rernai;a unpaid on contract after payment of this Certificate CONTRACT PLUS EXTRAS PAYMENTS 25,200.00 25,200.00 $ $ 25200.00 11 $ -- ($ 25,200.00 August 18 . 2009 25,200.00 25,200.00 $ 25,200.00 I $ CREDITS An Employee Owned Company Promoting Affirmative Act'on and Equal Opportunity TKDA Engineers -Architects -Planners Saint Paul, Minnesota 55101 PERIODICAL ESTIMATE FOR PARTIAL PAYMENTS FINAL Estimate No. 1 Period Ending October 27 , 20 09 Page 1 of 1 Proj. No, 14290.003 Contractor Gopher State Sealcoat.. Inc. Original Contract Amount $25_200.00 Project 2009 Crack Sealin Project Location City of Lake Elmo. Minnesota Total Contract Work Completed Total Approved Credits Total Approved Extra Work Completed Approved Extra Orders Amount Completed Total Amount Earned This Estimate Less Approved Credits Less 0 %Retained Less Previous Payments Total Deductions Amount Due This Estimate Contractor Engineer 0.00 0.00 0.00 0.00 i Date Date $ 25,200.00 0.00 0.00 25,200.00 0.00 25,200.00 ESTIMATE NO. 1 (FINAL) PERIOD ENDING: October 27, 2009 2009 CRACK SEAL PROJECT CITY OF LAKE ELMO, MINNESOTA TKDA PROJECT NO. 14290.003 ITEM NO, DESCRIPTION BITUMINOUS SEALCOAT 1 ROUTE AND SEAL CRACKS TOTAL - CRACK SEAL CONTRACT QUANTITY UNIT UNIT QUANTITY TO DATE PRICE LS 20,000 20,000 $ AMOUNT TO DA i E 1.26 $ 25,200.00 $ 25,200.00 TOTAL ESTIMATE NO.1 (FINAL) 25,200.00 CTYOF LAKE ELMO AYOR & COUNCIL 0 UNICATION DATE: 12/15/09 REGULAR ITEM #: 10a MOTION AGENDA ITEM: Election of Acting Mayor SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce Messelt, City Administrato SUMMARY AND ACTION REOUESTED: Pursuant to State Statute 412.121, the City Council is asked to select an Acting Mayor on the City's behalf should Mayor Johnston be unavailable or unable to attend a meeting, sign an agreement, or attend functions on behalf of the City. Any member of the Council is eligible for this position. The recommended motion to act on this organizational function is as follows: Move to approve Council Member as Acting Mayor for 2010" BACKGROUND INFORMATION: The City must appoint an Acting Mayor. State Statute 412.121 reads: "At its first meeting each year the Council shall choose an Acting Mayor from the Council Members. The Acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor from the City, or, in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies." STAFF REPORT: City staff has prepared this action in accordance with Minnesota State Statute 412.121. RECOMMENDATION: It is recommended that the City Council appoint an Acting ayor by the following motion: Move to approve Council Mem' ber as Actin ayor for 2010." Alternatively, the City Council may elect to consider an alternating arrangement, such as appointing each Council Member as Acting Mayor for a specified 3-month period. ATTACHMENTS: None -- page 1 — City Council Meeting Appointment of Acting Mayor December 15th, 2009 Regular Agenda Itern #10a SUGGESTED ORDER OF BUSINESS: Introduction of Item ..................... ..... . ............ .... ............. _ ...... City Clerk Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates A YOR & COUNCIL. COMMUNICATION DATE: 12/15/09 REGULAR ITEM #: 1 Ob MOTION AGENDA ITEM: Designation of Legal Newspaper SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce Messelt, City Mministrato SUMMARY AND ACTION REOUES IED: Pursuant to State Statute 412.121, the City Council is to select an official newspaper. Four newspapers are potential candidates for this: The Oakdale -Lake Elmo Review, the St. Croix Valley Press, the Stillwater Gazette and the St. Paul Pioneer Press. The Lake Elmo Leader is no longer in business. Based upon current and projected need, it is recommended the City Council undertake the following action: 'Move 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. BACKGROUND INFORMATION: According the State Statute, the City must appoint an official legal newspaper for 2010. The City solicited proposals and the two preferred responses are attached. STAFF REPORT: City staff is comfortable continuing with the Oakdale -Lake Elmo Review as its official designated newspaper. As a back up paper, the St. Paul Pioneer Press would be used under unique circumstances when the City needs to get a quicker turn around for publication to serve property owners and to meet the 60 day rule in particular. The Pioneer Press gives the City a two-day turn around time for publications that may be unexpected and time sensitive. RECOMMENDATION: It is recommended that the City Council designate an official legal newspaper for 2010 by the following motion: "Move 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." City Council Meeting December 15th, 2009 Appointment of Acting Mayor Regular Agenda Item #10a Alternatively, the City Council may elect to consider an alternate official legal newspaper. ATTACTIMENTS: 1. Lille Suburban Newspaper Proposal 2. Pioneer Press Newspaper Proposal SUGGESTED ORDER OF BUSINESS: Introduction of Item City Clerk Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates Lillie Suburban Newspapers, Inc. November 18, 2009 Sharon Lumby, City Clerk City of Lake Elmo 3800 Laverne Ave Lake Elmo MN 55042 2515 E. Seventh Avenue North St. Paul, MN 55109 (651) 777-8800 Sharon, Here is the infoi illation you requested regarding your RFP for Legal Newspaper for the City o Lake Elmo. 1) Name of Paper: 2) Owner of Paper: 3) Legal Location of Newspaper: Oakdale -Lake Elmo Review Lillie Suburban Newspapers Main Office is 2515 E 7th Ave. N. St. Paul MN 55109 4) Area of Distribution: The Oakdale -Lake Elmo Review is distributed throughout the cities of Lake Elmo and Oakdale. 5) Distribution Method: City of Lake Elmo Distribution • a. Direct Mail: 549 papers. b. Motor Route: 1025 papers c. Subscriptions Direct Mail: 30 papers d. Bulk Drops: 60 papers 6) Web Access for the Public: www.oakdalelakeelmoreview.com 7) Publication Schedule: The 0a.kdaie-Lake Eirno Review is distributed once a week on a weekly basis 52 weeks per year. The primary distribution days are Tuesday/Wednesday. 8) Deadlines for Accepting Notices for Publication: 3PM Friday for publication the following week. 9) Cost Per Column Inch Per Publication: $2.75 for first insertion. $2.55 for additional insertions Ramsey County Review • Maplewood Review • Oakdale -Lake Elmo Review • Review Perspectives New Brighton Bulletin • Shoreview Bulletin • St. Anthony Bulletin • South-West Review Roseville -Little Canada Review • Woodbury -South Maplewood Review • East Side Review Lillie Suburban Newspapers, Inc. 10) Distribution: a) Distribution Area: Throughout Lake Elmo 2515 E. Seventh Avenue North St. Paul, MN 55109 (651) 777-S800 b) Subscribers in City of Lake Elmo: 30 paid subscribers.* *The Oakdale -Lake Elmo Review is a legal newspaper, not a shopper. It is distributed throughout Lake Elmo and is not subscriber based, however subscriptions are available. c) Number of None Subscriptions Papers Delivered in City of Lake Elmo: Mailed: 549 Motor Route: 1,025 Drop Route: 60 Areas of distribution and distribution method: Currently we deliver 1,664 newspapers to the city of Lake Elmo comprised of 579 direct mail, 1,025 motor routes and 60 retail drops. This gives us the most complete and comprehensive coverage in the City of Lake Elmo. 11) Most Recent Audited Circulation: Attached. 12) Estimated Number of News Stories on Lake Elmo in the Oakdale -Lake Elmo Review: One or more staff written news articles per week, plus multiple submitted community events, bulletin board items, faith articles, events and letters to the editor. Sincerely, H. Lillie eff Enright Publishers Ramsey County Review • Maplewood Review • Oakdale -Lake Elmo Review • Review Perspectives New 13righton Bulletin • Shoreview Bulletin • St. Anthon.y Bulletin • South-West Review Rosevilie-Litt[ Canada Review • Woodbury -South Maplewood Review • East Side Review PUBLISHER'S STATEMENT Oakdale -Lake Elmo Review CIRCULATION DATA FOR ISSUE DATE: DISTRIBUTION ANALYSIS BY COUNTY: 03/27/2007 TOTAL QUALIFIED CIRCULATION: 9,835 COUNTY NAME MS -MIS UPON VVASHINGTON COUNTY 9,484 MISCELLANEOUS 426 TOTAL GROSS DISTRIBUTION 9.910 LESS TARGET (BULK) RETURNS (75) TOTAL QUALIFIED CIRCULATION 9.835 ILSRI Business Information System: Zip CODE COMMUNITY (NO ZONE ASSIGNED) 55128 SAINT PAUL PERCENT COUNTY U.S. OF TOTAL ESRI/USPS COUNT INDEX* INDEX* DELIVERIES** FREE PAID = TOTAL DISTRIBUTION COVERAGE POPULATION/HOUSEHOLDS 28,928 / 11,438 AVERAGE HOUSEHOLD SIZE 2.50 92.6% 96.2% MEDIAN HOUSEHOLD INCOME 569,473 84.2% 167.9% RACE*** 90%-W 3%-B 3%-A 4%-O HISPANIC ORIGIN— H0:4% 55042 LAKE ELMO POPULATION/HOUSEHOLDS 8,769 / 3,030 AVERAGE HOUSEHOLD SIZE 2.90 107.4% 111.5% MEDIAN HOUSEHOLD INCOME $99,228 120.2% 239.9% RACE— 95%-W 1%-B - 23/4,4 2%-0 HISPANIC ORIGIN-- H0:2% ZIP CODES ACCOUNTING FOR LESS THAN 5% OF TOTAL DISTRIBLMON: 55082 STILLWATER 11,514 c 7,349 259 7,608 76.8% 67%/66% Carrier 6,365 Mali 703 Target (Bulk) 540 2,965 c 1,843 1 ,643 18.6% 61%/62% Mail 1,784 Target (Bulk) 59 • 34,510 / 12.825 13,545 c 33 33 0.3% TOTAL GROSS DISTRIBUTION FOR ZONE 9,484 MISCELLANEOUS TOTAL GROSS DISTRIBUTION Carrier 6,365 Mail 2,487 Target (Bulk) 632 426 9,910 Carrier 6,365 Mail 2,807 Target (Bulk) 738 LESS TARGET (BULK) RETURNS (75) TOTAL QUALIFIED CIRCULATION 9,635 The zip code percentage for the variable compared to the county or national percentage for the variable. C-Postal Home Deriveries, PO -Post Office Boxes (may include non -rented box-), B-Postal Business Deliveries, Race: W = VVhite, B = Black, A = Asian, 0 = Other, HO = Hispanic Origin (rounding error may occur). Source for demographic data: ESRI Business Information Solutions, (2066) (1-800-795-7483). June 2007 LISPS Zip update Wimitito int Rt1114 ttiiittt.ii Wit ` � PIONEERPRESS TwinC^fies*com 345Cedar St. St. Paul, KXN.551O1-1O57 651-228-2111 Sharon Clerk City of Lake EJmo 3800 Laverne Ave. Lake Elmo, IVIN.65O42 ` Al0lH: CITY OFLAKE ELMO, S00K8|S3ON FOR PROPOSALS FOR LEGAL NEWSPAPER The Pioneer Press respectfully submits its bid to be considered for publication of 2010 legal notices.The Pioneer Press provides both full run and community zone circu[abon/readership. Response to the October 28, 2009 request for information is as follows: 1)NAME OFPAPER: Pioneer Press Z[ OWNER OFPAPER: Media News Group 3) LEGAL LOCATION OFNEWSPAPER: St. Paul, Minnesota 4> AREA OFDISTRIBUTION: Approximately 7Q96OfPioneer Press Circulation is Distributed Within Ramsey, Dakota and Washington Counties. Weekday Lake Elmo is I'3I9and Sunday iol,761 5 � DISTRIBUTION METHOD: OSy6oftotal Distribution Is Home Delivered, I096 |sSingle Copy . (purchased from newsstands/racks) and the remainder is bulk sales or e-edition. NOTE: Other Distribution Can Include Registered College Student Copies, Newspapers In Education, � Restaurants & Businesses Having Newspaper Available For Patrons, Hospitals, Hotels, Etc. � See Attached Audit For Detail §)� WEB ACCESS FOR THE PUBLIC: Newspaper Web Site, httr)://www.twincities.com/ 7) PUBLICATION SCHEDULE:, Full Circulation Publishes Daily And Sunday, 7Da / AWeek; Zone Circulation Publishes Wednesday Through Saturday 8) TIMELINE FOR ACCEPTING NOTICES FOR PUBLICATION: . ` |nColumn Line AdDeadline: Noon, The Day Prior ToPublication, For Ads Running Tuesday through Friday; Ads Running Saturday, Sunday OrMonday Deadline at11:OOAMOnFriday Zone 4dDe�d|ynes.Ads Running Sunday, Deadline OnVVednesday'Spm;Ads Running Wednesday Dead|ineFriday, 5pnm;Ads Running Thursday Deadline Monday, Spm;Ads Running Friday orSaturday, Deadline Tuesday, 5pm. Note: Holidays can Affect Deadlines, Which May BeEarlier Times than stated. 9) COST PER LINE FOR LEGAL NOTICES SPACE: � The Washington County Zone may besuf�identfor Lake Elmo legal messages and vveare offering the discounted 9Jxpublished rate level for these ads, aofollows: � $1525 Per Column Inch Wednesday -Saturday; $20.48 Per Column Inch Sunday � Zone editions are available Wednesday through Sunday. Minimum ad size is 4 inches. In -Column City Wide (full run) Legal Line Ad Rate: $4.56 Per Line 10) DISTRIBUTION � &, DISTRIBUTION AREA: Approximately 8O96DfPioneer Press Circulation isDistributed To The Counties Of Chisago, Dakota, Ramsey And Washington In Minnesota And Pierce And St. � Croix In Wisconsin (Source: ABC Audit, March, I007) The City {}fLake Elmo, Falls Into Our Washington County Zone And Community Editions Publish Wednesday -Saturday B. SUBSCRIBERS IN THE CITY OFLAKE ELMO: Weekday circulation toLake Elmo b1,3Z9 and Sunday is1,7Gl 11) ATTACH MOST RECENT AUDITED CIRCULATION CERTIFICATE: Annual Audit Attached 121ESTIMATED NUMBER DFNEWS STORIES ON LAKE ELMQIN YOUR PAPER PER WEEK A search of TwinCities.com archives found an average of 5-6 mentions of Lake Elmo each w eek in the PioneerPnesc. CONTACT INFORMATION Legal Advertising Can 8eE-KUai|edTo: )eaa|s0@oioneenoress.com: 4\0VE8T|8|N@ CONTACT For Ad Placements Is LuLetta Schmitz 651'228'5154 For any other information contact Iris Ledford, Advertising Operations Manager at 651-228-5294 SUBMITTED BY: Iris Ledford, Advertising Operations Manager DATE: November 12,2009 DAth: 12/15/09 REGULAR HEM #: 10c MOTION AGENDA ITEM: Appointment of Official Depositories for 2010 SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrator!' SUMMARY AND ACTION REQUESTED: Pursuant to State Statute 412.121, the City Council is being asked to designate official depositories for 2010. The recommended motion to act on this organizational function is as follows: 'Move to designate Lake Elmo Bank, Wells Fargo Advisors, Morgan Stanley Smith Barney LLC. and Northland Securities for the 2010 Depositories." BACKGROUND INFORMATION: The City must appoint official Depositories in accordance with Minnesota State Statute 412.121. STAFF REPORT: Based upon past practice and current and likely future needs, staff recommends the following be designated as official depositories for 2010: • Lake Elnao Bank • Wells Fargo Advisors • Morgan Stanley Smith Barney, LLC • Northland Securities. RECOMMENDATION: It is recommended that the City Council designate official depositories for 2010 by the following action: "Move to designate Lake Elmo Bank, Wells Fargo Advisors, Morgan Stanley Smith Barney LLC and Northland Securities for the 2010 Depositories." Alternatively, the City Council may elect to consider different depositories. -- page City Council Meeting Designation of Official Depositories for 2010 December 15th, 2009 Regular Agenda Item #10c ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS; Introduction of Item Tom Bouthilet Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates 6 -- page 2 — LAKE LE WO MAYOR& COUNCIL COMMUN!CATIOf DATE: 12/15/09 REGULAR 1IEM#: 10d MOTION AGENDA ITEM: Letter of Agreement with KDV SUBMITTED BY: Tom Bouthilet, Finance Director THROUGH: Bruce Messelt, City Administrat SUMMARY AND ACTION REQUESTED: The City Council is asked to approve the letter of agreement for continuing financial advising on budget, accounts and records with KDV for 2010. Based upon current and projected need, it is recommended the City Council undertake the following action: "Move to Approve the Attached Letter of Agreement with ADV for Financial Consultative Services for 2010," BACKGROUND INFORMATION: The 2010 budget includes funds for these services. Mr. Steve MacDonald, City Auditor, recommends this service continue to maintain fiscal quality. STAFF REPORT: The City utilized Joe Rigdon of KDV, on the recommendation of the City auditor, to reconcile the City's records to be consistent with best practices for government accounting. Due to substantial experience in government including being a Finance Director, Joe is very efficient with his time. In addition, Joe has prepared quarterly revenue and expenditures reports for the City Council and the City staff. He also prepared document format for the budget and other documents. Joe Rigdon's financial expertise complements and supports the day to day work of the City's Finance Director. The hourly rate for Joe Rigdon remains at $135.00 per hour with no minimum fee for his services. RECOM1VIENDATION: It is recommended that the City Council approve the attached Letter of agreement with KDV for 2010 Financial Consultative Services by undertaking the following action: "Move to Approve the Attached Letter of Agreement with KD V for Financial Consultative Services for 2010," -- page City Council Meeting Letter of Agreement with KDV for 2010 Services December 15th, 2009 Regular Agenda Item #10d Alternatively, the City Council may elect to consider a different arrangement for undertaking City financial activities. It should be noted, however, that the City Administrator and Finance Director already plan on undertaking just such an internal programmatic and management audit in 2010 and would not recommend any changes at this time, or at least until this task is accomplished. ATTACHMENTS: Letter of Agreement with KDV for 2010 Services SUGGESTED ORDER OF BUSINESS: Introduction of Item Finance Director Questions from Council to Staff Mayor Facilitates Call for Motion Mayor, & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates — page 2 — November 30, 2009 Mayor and City Council City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 The City of Lake Elmo has previously contracted for various hours of accounting, fmance, and consulting services with KDV. The purpose of this letter is to revise the engagement to confirm our understanding of the services we are to provide to the City of Lake Elmo, Minnesota through December 31, 2010. We are proposing one or more of (but not limited to) the following consulting services: Assistance with oversight of the accounting and finances of the City to comply with government standards and generally accepted accounting principles • Assistance with preparation of 2009 audit working papers for the independent auditors • Assistance with preparation of a comprehensive 2011 budget document and five- year capital improvement plan • Attendance and presentations at City Council meetings, as requested • Other services, as requested If for any reason we are unable to complete these services, we will discuss such reasons with you. You agree to indemnify and hold harmless Kern, DeWenter, Viere, Ltd., its successors and affiliates, from any losses, claims, damages or liabilities relating to Kern, DeWenter, Viere, Ltd's services under this agreement attributable to false or incomplete representations made by you, except to the extent such losses, claims, damages or liabilities are determined to have resulted from the intentional or deliberate misconduct of Kern, DeWenter, Viere, Ltd. personnel. The City of Lake Elmo agrees to perform the folio tons in connection with this engagement: Make all management decisions and perform all management functions Designate a competent individual to oversee the services Evaluate the adequacy and results of the services performed Accept responsibility for the results of the services Establish and maintain internal controls, including monitoring ongoing activities Expert thivic.e. Whcn you need it."' hh ,,,,rounufms Mow,p,pleP+ Payroll :3erofrs Vilumarn.5 Sermr,,s Tsuitz Cities ALuericau Boulevard W. Suite OOP Ellockuunglon Minsesom 55.1.;1 R.52.56.1A800 rak: 972.36.3.33RI St. Cfesucl 220 Park Avenue S'. RO. Ros 13.04 St. CloW, MinAckcas 56302 Ritt'slr: 320. ll51.7010 islk: 320.25 i I 744 www.ksisscort, 877.9 L2.7656 Technology Heir, Desk: 864,4-1442G Our charges for services, including travel and out-of-pocket expenses, will be billed as the work progresses on a monthly basis. Payments for our services are due upon receipt of our billing. These services will be billed at the rate of $135 per hour for services performed through December 31, 2010. When, and if, our hours or billings approach the estimated amounts, we will discuss the progress of the above consulting services with you. We will also provide the City with progress reports on objectives accomplished on an "as requested" basis. Should our relationship terminate before our engagement is completed, you will be billed for services to the date of termination. All bills are payable upon receipt. A service charge of 1% per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. If collection action is necessary, expenses and reasonable attorney's fees will be added to the amount due. Any disputes between us that arise under this agreement, or for a breach of this agreement, or that arise out of any other services performed by us for you, must be submitted to non -binding mediation before either of us can start a lawsuit against the other. To conduct mediation, each of us shall designate a representative with authority to fully resolve any and all disputes, and those representatives shall meet and attempt to negotiate a resolution of the dispute. If that effort fails, then a competent and impartial third party acceptable to each side shall be appointed to hold and conduct a non -binding mediation proceeding. You and we will equally share in the expenses of the mediator and each of us will pay for our own attorneys' fees, if any. No lawsuit or legal process shall be commenced until at least sixty (60) days after the mediator's first meeting with the parties. The nature of our engagement makes it inherently difficult, with the passage of time, to present evidence in a lawsuit that fully and fairly establishes the facts underlying any dispute that may arise between us. We both agree that notwithstanding any statute of limitation that might otherwise apply to a claim or dispute, including one arising out of this agreement or the services performed under this agreement, or for breach of contract, fraud or misrepresentation, a lawsuit must be commenced within twenty-four (24) months after the date of our report. This twenty-four (24) month period applies and starts to run on the date of each report, even if we continue to perform services in later periods and even if you or we have not become aware of the existence of a claim or the basis for a possible claim. In the event that a claim or dispute is not asserted at least sixty (60) days before the expiration of this twenty-four (24) month period, then the period of limitation shall be extended by sixty (60) days, to allow the parties to conduct non -binding mediation. We appreciate the opportunity to be of service to the City of Lake Elmo, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. At any time, please feel free to contact Matthew Mayer at 952-563-6800 or Joe Rigdon at 952-563- 6868. 2 Sincerely, Matthew Mayer, CPA Joe Rigdon, CPA RESPONSE: This letter correctly sets forth the understanding of the City of Lake Elmo, Minnesota. By: Title: Date: RESPONSE: This letter correctly sets forth the understanding of the City of Lake Elmo, Minnesota. By: Title: Date: AYLFR & COUNCIL COMMUNICA TION DATE: 12/15/09 REGULAR 11EM #: 10e MOTION AGENDA ITEM: Appointment of City Engineer and City Attorney SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce Messelt, City Administrato SUMMARY AND ACTION REOUESTED: The City Council is asked to appoint an official CityEngineer and City Attorney. These officials are contracted for professional engineering and legal advice. These appointments are not specifically required by statute or ordinance, but are consistent with past practice. The suggested motions are to: "Move to appoint Mr. Jack Griffin of TKDA as the official City Engineer and principal provider of professional engineering services for 2010." "Move to appoint Mr. Dave Snyder of Eckberg & Lammers as the official City Attorney and principal provider of both civil and criminal services for 2010." BACKGROUND INFORMATION: Mr. Jack Griffin of TKDA currently serves as the Official City Engineer and primary provider of professional engineering services. He is supported by Mr. Ryan Stempski. TKDA has submitted a proposal for 2010 services which does not include an increase for the cost for their 2010 engineering services. Mr. Dave Snyder of Eckberg & Lammers currently serves as the Official City Attorney for regular City business and civil litigation. Criminal prosecution services are provided by Mr., Jerry Filla of Peterson, Fram and Bergman STAFF REPORT: The City did not solicit additional bids or conduct an RFP for Engineering Services. City staff is satisfied with the Engineering services provided by TKDA and the City Council has not directed foinial action to consider an alternative engineering service provider. In 2009, the City Council appointed Mr. Dave Snyder City Attorney for official City business and civil litigation. Criminal prosecution services remained with Mr. Jerry Filla. City staff is City Council Meeting Appointment of City Engineer and Attorney December 15th, 2009 Regular Agenda Item #10e satisfied with the legal services currently provided and has no opinion on the efficacy of either changing or combining legal services at this time. In November, 2009, the City Council directed the City Administrator to combine the two services (civil and criminal) and overall City legal needs under Eckberg & Lammers, provided it proved cost effective for 2010. The City has solicited bids from the law firms of Eckberg & Lammers, Peterson, Fram and Bergman and Lawson. These were as follows: Firm: Eckberg & Lammers Lawson Peterson, Fram and Bergman Monthly Bid: $ 3,750 per month $ 3,900 per month $ 4,000 per month (telephone bid) While the amount of projected annual savings by combining legal services under a single firm is less than that discussed at the Council meeting, Eckberg & Lammers provided the lowest responsible monthly bid for comparable combined legal services. Should the Council direct a change in legal services, it is recommended that January be denoted as the suggested month for transition of files and calendars (already established well into 2010) from the current firm to the newly -selected firm. This will affect only minimally the overall financial benefits derived from any transition and would minimize as much as possible any disruption in service. RECOMMENDATION: Based upon Council direction & Staff assessment, it is recommended that the City Council approve the proposed actions as they related via following motion: "Move to appoint Mr. Jack Griffin of TKDA as the official City Engineer and principal provider of professional engineering services for 2010." "Move to appoint Mr. Dave Snyder of Eckberg & Lammers as the official City Attorney and principal provider of both civil and criminal services for 2010." Alternatively, the City Council may elect to discuss and modify these recommendations, as desired, and provide staff specific direction with respect to how to proceed accordingly. ATTACHMENTS: 1. Letter of interest from TKDA 2. Letters of interest from Eckberg & Lammers, and Lawson -- page 2 — City Council Meeting Appointment of City Engineer and Attorney December 15th, 2009 Regular Agenda Item #10e SUGGESTED ORDER OF BUSINESS (if removed from Consent Arfenda): introduction of Item City Administrator Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates G ARCI-ITE.CTURE *PLANNING,' November 30, 2009 Honorable Mayor and City Council City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Annual Appointment of City Engineer City of Lake Elmo, Minnesota Dear Mayor and City Council: 444 Cedar Street Suite 1500 Saint Paul, MN 55101 (651) 292-4400 (651) 292-0083 Fax www.tkda.corn We are pleased to express to you our continued interest in serving as the Lake Elmo City Engineer and providing day-to-day engineering services in 2010. Since 1979, TKDA has provided engineering services to the City in a professional and cost-effective manner. Over these years we have established a thorough understanding of your existing and planned infrastructure that will continue to result in significantly lower capital costs for your storm water management, wastewater management, drinking water, and transportation systems. Our approach is to fonn a partnership with your community working as an extension of your staff. As your appointed City Engineer, we are committed to providing the City with high quality professional services that are responsive to your residents, council and staff, are flexible in service approach to support your needs as they vary through the years, and are cost effective, adding value to the City. Thank you for this opportunity to request reappointment as your City Engineer. We look forward to continuing our long service relationship with the City. Please do not hesitate to call me at (651) 292-4552 with any questions or comments you may have regarding TKDA and the services we provide. Sincerely, Jack) W. Griffin, P. ce President, Municip JWG:art cc: Bruce Messelt, City Administrator Sharon Lumby, City Clerk An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 1--CKBERG4616, LANWiFRS f ATTORNEYS AT LAW Writer's Direct Dial: (651) 351-2131 Writer's E-mail: dsnyder@eckberglammers.cam November 5, 2009 Bruce Messelt City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 Re: Lake Elmo, City of- General File 2009 Our File No.: 22702-18698 Dear Bruce: Stillwater Office: 1809 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 Fax (651) 439-2923 Hudson Office: 2417 Monetary Boulevard Hudson, Wisconsin 54016 (715) 386-3733 Fax (651) 439-2923 www.eckberglammers,com We are pleased to renew our proposal to offer prosecution services to the City of Lake Elmo. We have, by far, the most extensive criminal prosecution team and practice in this area and believe we can bring significant value to the City of Lake Elmo, In April we proposed to offer prosecution services for a flat rate in the amount of $3,750.00 per month for the balance of the year 2009. That reflected a twelve percent (12%) reduction in prosecution costs to the City over the preceding year. We would renew that proposal for the year 2010 and thus propose no increase. Our ability to bring, and maintain over time, value to the City comes from the fact that we have at least three attorneys who are engaged nearly full time in offering prosecutorial services for numerous municipalities in Washington County. Accordingly, we have developed qn efficient system for the management of pre-trial and trial hearings as well as prosecutorial documentation and charging, which creates a savings to every city we serve. Because we serve more cities, we can serve more efficiently and cost effectively. Please note that this is an approach that we have not only innovated but have maintained over time and will maintain over time so that the City need not be bothered with fluctuations in costs. We are not aware of what monthly costs have been year to date but we believe we are well suited to deliver competitive costs and consistently excellent service over time. Should you have any questions, please do not hesitate to notify me. DKS/jmh ECKBERG, LAMMERS, BRIGGS, WOLFF E6 VTERLING. PLLP Family Law 1 Divorce • Business and Commercial LaJiv 0 Criminal Law 0 Personal Injury ! Wrcngtul Death Estate Planning / Probate 0 Real Estate Jr Land Use Law 0 Mediation 0 Municipal Law Civil Litigation December 11, 2009 Mr. Bruce Messelt City Administrator City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, MN 55042 RE: Lake Elmo Misdemeanor Prosecutions Dear Bruce: LAWSON 10390 39' Street North Lake Elmo, Minnesota 55042 TEL: 651-777-6960 FAX: 651-777-8937 lawsonlawfirm.com Thank you for allowing our law firm to submit a proposal for the City of Lake Elmo's misdemeanor prosecutions. We welcome the opportunity to provide information about our firm. Our law firm was formed in Washington County in 1912. We are the oldest law firm in Lake Elmo, and one of the largest, most respected law firms in Washington County. We presently have an active general practice with a strong concentration in municipal law. We currently perform misdemeanor prosecutions for the cities of Willemie and Pine Springs. We would be willing to undertake the Lake Elmo prosecutions for a flat fee of $3,900 per month. I believe that this is a significantly lower rate than your current monthly average for criminal legal fees. If Lake Elmo accepts our bid, I will be the lead attorney handling the prosecutions. I am a Lake Elmo resident. I have been with the Lawson law firm for four years. I received my undergraduate degree from the University of Minnesota and my law degree from the William Mitchell College of Law, where I graduated magna cum laude and served as an editor of the William Mitchell Law Review. I believe I am uniquely qualified to serve as the Lake Elmo misdemeanor prosecutor. As the prosecutor for Willernie and Pine Springs, I have the same court schedule as the current Lake Elmo prosecutor. I am familiar with the court staff and procedures in Washington County and am also familiar with many members of local law enforcement. ATTORNEYS Roderick A. Lawson Retired Raymond O. Marshall John S. McDonald • Tracey A. Galowitz • Barbara Wale • William. T. Armstrong Also doing business as St. Croix Title 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. LAKE ELMO CITY COUNCIL MINUTES December 15, 2009 Mr. Bruce Messelt December 11, 2009 Page Two. . . . . If you decide to engage Lawson Law Firm to handle your prosecutions, you will benefit by having the full resources of the law firm at your disposal. If there is ever a situation in which I am unable to appear in court due to a scheduling conflict, attorney Barbara Wolle is able step in on my behalf. Barbara also has several years of experience as a misdemeanor prosecutor. Thank you again for considering our proposal. If you require more information, please contact me. Otherwise, I look forward to hearing from you and would be happy to sit for an interview. AYOR& COLL CIL WIWI% DA1 h: 12/15/09 REGULAR ITEM #: 10f MOTION AGENDA ITEM: Appoint Commissioner to Existing Vacancy on the Planning Commission SUBMITTED BY: Sharon Lumby, City Clerk THROUGH: Bruce Messelt, City Administrato SUMMARY AND ACTION REOUESTED: The City Council is asked to formally appoint members to the Planning and Parks Commissions. One appointment to the Planning Commission is forwarded tonight for Council consideration. The recommended motion to act on this is as follows: "Move to appoint Joan Ziertman to a 3-year term as a Full Voting Member on the Lake Elmo Planning Commission." BACKGROUND INFORMATION: Ms. 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. STAFF REPORT: There is currently one opening on the Planning Commission. In addition to Ms. Zertman's application, one other application for Planning Commission was received. However, as Ms. Ziertman is currently serving as an active member of the Planning Commission, City staff is recommending Ms. Ziertman's [re-] appointment. There are currently two vacancies on the Parks Commission. The City does not have any current applications on file. These vacancies have been advertized in the recent December newsletter, published on our website and on cable TV. Council interviews will be set up as soon as applications are received. RECOMMENDATION: It is recommended that the City Council appoint Ms. Ziertman to the Planning Commission via the folio -win motion: "Move to appoint Joan Ziertman to a 3-year term as a Full Voting ber on the Lake Elmo Planning Commission." City Council Meethag Appointment ofPlanning Commission Member December 15th, 2009 Regular Agenda Item #10f Alternatively, the City Council may elect to consider another action, as may be determined by the Council following deliberation and discussion. ATTACHMENTS: None SUGGESTED ORDER OF BUSINESS: Introduction of Item City Clerk Questions from Council to Staff Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates -- page 2 -- crry OF LAKE ELMO AGENDA ITEM: SUBMITTED BY: THROUGH: OR & COUNCIL COk (N CAT nN DATE: 12/15/09 REGULAR 11EM#: 11 MOTION Resolution 2009-056 Beyond the Yellow Ribbon Discussion Lake Elmo Beyond the Yellow Ribbon Committee Bruce Messelt, City Administrator(6-Nt SUMMARY AND ACTION REQUESTED: At the request of the Lake Elmo Committee of the Yellow Ribbon Network of Washington Col nty, the City Council is requested to receive a brief update entitled "Beyond the Yellow Ribbon" and then discuss and act upon a proposed Resolution of support for the Yellow Ribbon Network's efforts. The recommended motion to act upon this is as follows: "Move to approve Resolution 2009-056 lending the City of Lake Elmo's Support for the Yellow Ribbon Network and, in particular, its efforts in Lake Elmo." BACKGROUND INFORMATION: Mr. Paul Ryberg and Ms. Jennifer Pelletier have been leading an effort to bring the Yellow Ribbon Network of Washington County to Lake Elmo. They have requested City political and logistical support in this effort, especially as they endeavor to look at actions that go Beyond the Yellow Ribbon. STAFF REPORT: City staff' has already provided logistical support and advice to the Committee and, pending formal City Council support tonight, will continue to do so. Currently, there are no budgeted funds in 2010 for further financial assistance, so such political and logistical support will be provided pursuant to the approved 2010 Annual Budget. RECOMIVIENDATTON: It is recommended that the City Council discuss and, if acceptable, support the efforts of the Yellow Ribbon Network by undertaking the following action: "Move to approve Resolution 2009-056 lending the City of Lake Elmo's Support for the Yellow Ribbon Network and, in particular, its efforts in Lake Elmo." Alternatively, the City Council may elect to consider other action, as determined by the City Council, and/or provide City staff with specific direction with respect to this community effort. — page 1 -- City Council Meeting December 15th, 2009 Beyond the Yellow Ribbon Discussion Regular Agenda Item #11 ATTACHMENTS: 1. Resolution 2009-056 2. information on the Yellow Ribbon Network SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Presentation Ms. Pelletier and/or Mr. Ryberg Questions from Council Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council Action on Motion Mayor Facilitates CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2009-056 A RESOLUTION OF SUPPORT FOR THE YELLOW RIBBON OF WASHINGTON COUNTY WHEREAS, many families support their military service members who are serving in the United States and overseas to protect the values and freedom enjoyed by the citizens of the United States of America; and : WHEREAS, the Yellow Ribbon Network of Washington County has been formed to connect local military family members with citizens and organizations such as cities, townships, schools, churches, community groups, businesses, and government agencies that can provide assistance and support in various forms to family members including spouses and children; and WHEREAS, the Yellow Ribbon Network of Washington County will build on the existing strengths of organizations already providing support of service personnel and their families by adding to the community support and awareness for helping spouses and children in ways to lessen their burden while a family member is deployed to protect our country; and WHEREAS, the Yellow Ribbon Network of Washington County encourages communities and citizens to work together to support the active duty troops and their families; and NOW, THEREFORE, BE IT RESOLVED THAT, the Lake Elmo City Council acknowledges with grateful appreciation, respect, and admiration, the sacrifices of military personnel who are leaving home and their loved ones to serve our nation; and BE IT FURTHER RESOLVED, that the Lake Elmo City Council fully supports the efforts of the Yellow Ribbon Network of Washington County to support family members of service personnel during deployments to defend the democratic values of the United States of America. Date: December 15, 2009 CITY OF LAKE ELMO By: ATTEST: Bruce A. Messelt, City Administrator Dean A. Johnston, Mayor Resolution No. 2009-056 Beyond the Yellow Ribbon : HomePage Page 1 of 2 Site mens MOTO Family-sService Member Youth Education Resources. Employment Resosiross Communities Yellow Ribbon Comm. Continuous Support Veteran Benefit Calendar of Events Resources About Us Contact us Get Hein 5eamn ire Entire Site Join ... 3oin Our Mailing List .eter Arches View our ARCHME, RSS feeds IL.4 Articles lE1,2 Calendars 55 'Holiday Support Want to know how to support the Minnesota military community this holiday season? Click h.are 'Lfor a list of ideas how you can get involved in sending care packages to families and service members. emember Remember Our Military Minute Public Service Announcement ! Our airs weekly. Want to follow up Military on this weeks idea for Minute supporting our troops? Click here ,11The First Lady's Military Family Care Initiative is a web based program 1-that's designed to help military families during deployments. Your organization could help military families with simple volunteer services. Click on the logo to sign up to help a family in your area. This video displays the deployment departure and the welcome home by family, friends, and fellow service members of the 34th Combat Aviation Brigade headquarted out of St. Paul, MN and the Marine Wing Support Squadron 471's (MWSS-471) headquartered out of Minneapolis, MN. Mission Statement: To empower leadership, service members and families by providing relevant training, services, and resources throughout the deployment cycle. i; http://www.beyondtheyellowribbon.org/HomeP age 12/11/2009 Beyond the Yellow Ribbon : HomePage Page 2 of 2 Page last modified on Tuesday 09 of December, 2000 190240 UTQ Vine ?lbw Deals end Mon.:amines Fri 04 of Dec, adOe Click below tier the latest information on Minnesola events, news, and happenings. rilmvy SVS:it," NiTIT Minnesota Wad National qurin,d Fri 04 of Dec, 2009 On Tuesday, December 15tri the Minnesota Wild play the Columbus Blue Jackets, this is the second of four games sponsored by the Minnesota Army National Guard. In recognition of this partnership, the Minne-Sota Wild has provided Minnesota National Guard Soldiers and Airmen with a Special ticket offer. For more information viSit, PtOtYr.o-o/Famiiv-FEventS filki„tery Spouse Schialer.SAIR Thu 03 of Dec, 2009 The National Military Family Association's Joanne Holbrook Patton Military Spouse Scholarships range From 5500 to 51,000 and are awarded to spouses of Servicemembers 00 obtain professional certification or to attend post -secondary or graduate school. The scholarship funds may be used to assist with tuition, fees, and school room and board, and are paid directly to the accredited educational Institution involved. Applications are due by midnight, January 31, 2010. Click here for more information,. Too 01 of Dec, 200e Nominate your Employer to be recognized by the state as one of the most supportive military Employers In Minnesota! Mon 16 of Nor, 2009 Families of the 34th ID, 34th STE, 1-151 FA and the 204th AMSC prepare for a weekend retreat! For more details about your event see your unit's event flyer. 1•151 Mld 21‘ii Mid Jour Flv9;1- ERA 04th 3gIch ST5 Mid To:, Lllacticks 2005,2009 Minnesota National Guard All Rights Reserved; Beyond the Yellow Ribbon, logos and materials contained on this web site (in this printed material) and any etched documentation may not be redistributed or marketed without the express written consent of the Minnesota National Guard. http://www.beyondtheyellowribbon.org/HomeP age 12/11/2009 Z1TY OF LAKE ELMO 4 YOR &COUNCIL COMMUN!CAT AGENDA ITEM: SUBMITTED BY: THROUGH: REVIEWED BY: DATE: 12/15/09 REGULAR ITEM #: 12 MOTION Resolution 2009-057 2010 Street and Water Quality Improvements — Resolution Accepting the Report and Calling for a Public Improvement Hearing Ryan Stempski, Assistant City Engineer Bruce A Messelt, City Administrato Tom Bouthilet, Finance Director Jack Griffin, City Engineer SUMMARY AND ACTION REOUES 1ED; The City Council is asked to receive the Feasibility Report for the 2010 Street and Water Quality Improvements and pass a Resolution Accepting the Report and Calling for a Public Improvement Hearing to be held on January 19, 2010. The suggestion action to accomplish this is as follows: "Move 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 19, 2010." BACKGROUND INFORMATION:. TKDA has completed the Feasibility Report for the 2010 Street and Water Quality Improvements '_ncluding the residential streets of Jane Road, Isle Avenue, 531u Street, and 57th Street. TKDA will present the findings of the Feasibility Report to the City Council. The preparation of the Feasibility Report was authorized on October 20, 2009. At that time, the City Council directed that City staff apply the City's revised street assessment policy for 2010 to these projects, which has been done and is included in this report. The City Council also directed that the Budget Committee undertake a more thorough review of all City assessments during 2010.. STAFF REPORT: As part of the feasibility study, a geotechnical investigation was completed to identify the existing roadway sections and subsurface soil characteristics for each street segment. The findings of this investigation resulted in a modification of the proposed improvements. Inadequate soils identified underneath Isle Avenue, 53rd Street, and 57th Streets City Council Meeting 2010 Street Improvements Feasibility Report December 15th, 2009 Regular Agenda Item #12' have resulted in the need to remove these soils and stabili7e them with suitable material, resulting in an increase in project costs more commensurate with a partial street reconstruction (versus simple reclaim). In addition, the geotechnical investigation determined that Jane Road North had insufficient existing pavement and base section to support a reclaim process. Therefore the report recommends a full street reconstruction for Jane Road North using recycled aggregate base from the excess reclaim material from the other street segments. The inability to salvage existing curb and the need to match into numerous flat driveways and front yards have also increased the anticipated restoration costs for the streets to be completed in the 2010 improvement project. Estimated project costs, including application of the approved 2010 Street Assessment Policy, are included in the Feasibility Report and will be presented at the Council meeting. It should be noted, however, that the City Engineer, Attorney arid Administrator believe the short- and long- term benefits to adjoining properties to be assessed far outweigh the projected assessment costs. RECO1VIIVIENDATION: It is recommended that the City Council receive the Engineer's report and, following discussion, formally accept the Feasibility Report and call for the required Public Improvement Hearing by undertaking the following action: "Move 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 19, 2010." If approved, the Budget Subcommittee will also have to incorporate these changes into the Street's portion of the approved Capital Improvement Plan for 2010. This will then be scheduled for future Council action. Alternatively, the City Council may elect to consider other action, as determined by the City Council, and/or provide City staff with specific direction with respect to these needed street projects. ATTACHMENTS (3): I. Resolution No. 2009-057 2. Notice of Public Hearing 3. 2010 Street and Water Quality Improvements Feasibility Report — page 2 -- City Council Meeting 2010 Street Improvements Feasibility Report December 15th, 2009 Regular Agenda Item #12 SUGGESTED ORDER OF BUSINESS: Introduction of Item City Administrator Report City Engineer Questions from Council Mayor Facilitates Questions from Citizens Mayor Facilitates Call for Motion Mayor & City Council Discussion Mayor & City Council - Action on Motion Mayor Facilitates Page 3 -- CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2009-057 A RESOLUTION RECEIVING AND ACCEPTING THE FEASIBILITY REPORT FOR 2010 STREET AND WATER QUALITY IMPROVEMENTS AND CALLING HEARING ON IMPROVEMENTS WHEREAS, pursuant to City Council authorization, a feasibility report has beery prepared by TKDA for Jane Road North (0.57 miles), Isle Avenue North (0.28 miles), 53ra Street North (0.59 miles), and 57th Street North (0.21 miles), WHEREAS, feasibility report states that the project is necessary, cost- effective, and feasible, NOW, THEREFORE, BE IT RESOLVED, The City Council will consider the improvements in accordance with the report and the assessments of the abutting properties for all such portion of the cost of the improvements pursuant to Minnesota Statues, Chapter 429. 2. A public hearing shall be held on such proposed improvements on the 19th day of January, 2010, in the council chambers of the City Hall at or approximately after 7:00 P.M. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Date: . 2009 CITY OF LAKE ELMO By: At i EST: Bruce -A. Messelt City Administrator Dean A. Johnston Mayor Resolution No. 2009-057 CITY OF LAKE ELMO NOTICE OF HEARING 2010 STREET AND WATER QUALITY IMPROVEMENTS Notice is hereby given that the City Council of Lake Elmo will meet in the council chambers of the city hall at or approximately after 7:00 P.M. on Tuesday, January 19, 2010, to consider the making of the following improvements, pursuant to Minnesota Statutes, Sections 429.011 to 429.111; The improvement of the city streets including Jane Road North (0.57 miles), Isle Avenue North (0.28 miles), 53rd Street North (0.59 miles), and 57th Street North (0.21 miles) will consist of reclaiming and reconstructing the existing road and providing a new bituminous surface in the current location and grade. The area proposed to be assessed for these improvements include properties abutting the above referenced streets or properties that gain access to their property from the above referenced streets. The estimated total cost of the street improvements is $608,000 if the streets are replaced with new bituminous curb. The estimated total cost of the street improvements is $721,000 if the streets are replaced with new concrete curb and gutter. A reasonable estimate of the impact of the assessment to each property will be available at the.hearing. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. DATED: December 10, 2009 BY ORDER OF THE LAKE ELMO CITY COUNCIL Dean Johnston, Mayor (Published in the Oakdale -Lake Elmo Review on December 30, 2009 and January 6, 2010) STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO ORDINANCE NO. 08-021 AN ORDINANCE AP -PROVING THE BUFFER SETBACKS IN 19 EXISTING OPEN SPACE PRESERVATION (OP) DEVELOPMENTS WHEREAS, Section 150.180, Subd. (B,2,d) of the City Code prescribes specific buffer setbacks requirements within OP — Open Space Preservation developments; and WHEREAS, the buffer setbacks required by the City Code have not been observed in many of the City's OP — Open Space developments due to either the lot arrangement approved by the City at the time of subdivision approval or the setbacks approved as part of the building permits review in OP Zoning Districts; and WHEREAS, the City Council finds that it is in the best interests of the City and its residents within OP — Open Space Preservation Zoning Districts to clarify the required buffer setback within each OP — Open Space development and to create a reference table with all buffer setbacks identified for specific developments; and WHEREAS, the Planning Commission reviewed the proposed buffer setbacks, held a public hearing at their regular meeting held November 23, 2009, and recommended approval of the OP — Open Space Preservation Buffer Setbacks as identified in the chart below; and NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Lake Elmo, Washington County, Minnesota, that buffer setbacks be applied from the edge of OP — Open Space Preservation Zoning Districts as follows: Recommended Buffer Setbacks in OP St. Croix's Sanctuary Discovei. Crossing *:Whistling Valley I Whistling Valley 11 :Whistling Valley III 1:Farms ofLake Elmo Prairie Hamlet Fields of:St. Croix I I fields of St. Croix 11 The Homestead ,Tapestry:at Charlotte's Grove Tamarack Farm Estates Sunfish Ponds Hamlet on Sunfish Lake Developments (in feet) North South Edge Edge 200 50 200 100 25 200 25 100 50 100 100 50 200 50 50 N/A N/A 1 200 50 50 50 50 100 100 100 100 50 100 West East Edge Edge 50 100 50 100 N/A N/A 85 N/A 100 N/A 100 25 50 100 200 100 200 N/A N/A 200 50 200 50 100 100 100 100 200 50 50 Exception Parcel(s) Cardinal Ridge Wildflower Shores *Heritage Farms :Tana Ridge (Res. 2009-033) :Parkview Estates (Res. 2009-033) 100 200 100 200 50 N/A N/A N/A 50; except Lot 9, Block 5 use 20 ft 50 100 N/A 50 50 200 50 N/A 50 N/A N/A 50 ADOPTION DATE, This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-021 was adopted on this 15th day of December, 2009, by a vote of Ayes and. Nays. Dean Johnston, Mayor ATTEST: Bruce Messelt, City Administrator This Ordinance No. 08-021 was published on the day of , 2009. CITY OF FAKE ELMO YOR & COUNCIL COMMUN[CATIOI DATE: 12/15/09 REGULAR ITEM #: 13 MOTION: Ordinance 08-021 AGENDA ITEM: To Consider Approving Ordinance 08-021 Revising the Buffer Setbacks in Existing Open Space Preservation (OP) Developments. REQUESTED BY: Planning Commission SUBMITTED BY: Kelb Matzek, City Planner REVIEWED BY: Bruce Messelt, City Achninistrato Kyle Klatt, Planning Director SUMMARY AND ACTION REOUESTED: The City Council is asked to consider adopting Ordinance 08-021 to establish buffer setbacks for nineteen 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 that were permitted in the past. It should be noted that Council direction to review rear yard set -back requirements and establish acceptable accessory structure parameters for Open Space Preservation developments is already scheduled for Planning Commission action. Their recommendations and specific incorporation of these into existing City ordinances will be presented to Council for subsequent action at a later date. The recommended motion to adopt Ordinance 08-021 is as follows: "Move to approve Ordinance OB-021 approving the OP Buffer Setbacks 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 Workplan of setbacks for OP developments for rear yards, primary structures, and accessory buildings." BACKGROUND INFORM_A ION: The Open Space Preservation development ordinance was first written for Lake Elmo in the 1990's. The purpose of -the ordinance is to provide a developer the ability to cluster more homes than otherwise permitted on smaller lots and to set aside land as preserved open space in perpetuity. Originally, an Open Space Preservation development required an additional step to rezone the property as OP before a development was reviewed and approved. Since then, this approach has been revised so that an OP development could be permitted by a conditional use permit in specific zoning districts, thereby eliminating the additional step of rezoning the property. Although the zoning district code language was repealed, the zoning of the existing developments was never retroactively returned to Agricultural or Rural Residential, and, therefore, the Open Space district re -rosins on the zoning maps. —page 1 City Council Meeting OP Buffer Setback Revisions December 15th, 2009 Regular Agenda Item #13 As a part of this ordinance, from the beginning, a buffer setback (originally called a buffer zone) was identified as an effort to physically buffer the existing adjoining neighbors from the more densely built clustered homes. The buffer setback section of the ordinance has been revised a few times throughout the years to its current form, which was last approved in 2001. A buffer setback has always been required, but has varied in depth from 100 to 200 feet and has been revised from once just requiring "main structures" to be outside the setback to all structures and road surfaces not at a 90 degree angle. The OP ordinance permits the City Council to modify any of the minimum standards outlined in the ordinance by a 4/5 vote. Staff has found this clause has been used in altering the buffer setback requirement in some of the OP developments. [Of note: by not taking action, variance requests will continue to be received and acted upon for some lots in most, if not all, OP developments. As mentioned, some existing platted vacant lots in the City are also essentially unbuildable when this setback applies, which appear to be due to errors, oversight, or, in some cases, an alternate interpretation made at the time of the development review.] In an effort to address denied building permits due solely to the buffer setback, on July 7, 2009, the City Council approved resolution 2009-033 reducing buffer setbacks in the Tana Ridge and Parkview Estates development. Because both developments are zoned OP and not approved as a Conditional Use Permit, a public hearing was not required. Since then, the City Attorney has advised staff to proceed with revising buffer setbacks by ordinance, thus the Tana Ridge and Parkview Estates developments are included in the proposed action. ADDITIONAL INFORMATION: Setbacks identified in the chart below Recommended Buffer Setbacks in St. Croix's Sanctuary Discover Crossing Whistling Valley I Whistling Valley II Whistling Valley III Farms of Lake Elmo Prairie Hamlet Fields of St. Croix I Fields of St. Croix If The Homestead Tapestry at Charlotte's Grove Tamarack Farm Estates Sunfish Ponds Hamlet on Sunfish Lake Cardinal Ridge Wildflower Shores Heritage Farms City Planning Staff is recommending approval of the OP Buffer and as depicted in the attached maps. OP Developments (in feet) North South West Edge Edge Edge 200 50 50 200 100 50 25 200 N/A 25 100 85 50 100 100 100 50 100 200 150 50 50 N/A 200 N/A 200 200 50 50 200 50 50 200 100 100 100 100 100 100 50 100 50 100 200 50 100 200 100 50 N/A N/A East Edge 100 100 N/A N/A N/A 25 100 100 N/A N/A 50 50 100 100 200 50 50 200 50 N/A Exception Parcel City Council Meeting OP Buffer Setback Revisions December 15th, 2009 Regular Agenda Item #13 I Already Approved by Council; Resolution 2009 - 033 Tana Ridge N/A N/A 50 I 50 50; except Lot 9, N/A N/A 50 Block 5 Park -view Estates use 20 ft o The Hidden Meadows development, while an OP development, was not evaluated at this time, as the final plat for the residential lots has not been approved. The buffer setbacks can be addressed for that development at the time of final plat approval. o Though not required, the city mailed notices to contact points for the Homeowner Associations of the various OP developments in addition to publishing the public hearing notice in the legal newspaper and on the city's website. PLANNING COMMISSION/STAFF REPORT: The Planning Commission reviewed each of the OP developments individually with regards to the implications on the property owners. A majority of the commission (though not all) expressed the importance of maintaining a buffer setback whenever feasible, even if the buffer setback was entirely within an outlot of the development and preserved for open space through a conservation easement. At least one commissioner felt strongly that the presence of a buffer setback, when overlapping with private property, was inappropriate, as property owners are still responsible for the land and continue to pay taxes on the entire property. The commission held a public hearing at the November 23, 2009 meeting at which one person asked for clarification on the setback for the St. Croix's Sanctuary development. The commission recommended by a 6:1 vote to recommend approval of the buffer setbacks identified in this staffreport. SUGGESTED MOTIONS: The City Council is asked to consider the following motion as part of toiaight's action: "Move to approve Ordinance 08-021 approving the OP Buffer Setbacks 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 Workplan of setbacks for OP developments for rear yards, primary structures, and accessory buildings." Should the City Council wish to not take action at tonight's meeting, it may table the item indefinitely, until the Planning Commission completes its additional work (though it should be noted that the Planning Commission's efforts may take some time and the City feels it will continue to receive variance requests in the interim), or deny the recommendations outright via the following action: "Move to deny Ordinance 08-021 establishing OP Buffer Setbacks for 19 existing developments [and . . — page 3 -- City Council Meeting OP Buffer Setback Revisions December 15th, 2009 Regular Agenda Item #13 ORDER OF BUSINESS: Introduction _Bruce Messelt, City Administrator Report by staff Kyle Klatt, Planning Director Questions from the Council Mayor & Council Members Call for a motion Mayor Facilitates Discussion of Council on the motion Mayor Facilitates Action by the City Council Mayor & Council Members ATTACHMENTS (3): 1. Ordinance 08-021 2. Maps Identifying Recommended Buffer Setbacks 3. Recommendation Chart -- page 4 -- STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO ORDINANCE NO. 08-021 AN ORDINANCE APPROVING TM BUFFER SETBACKS IN 19 EXISTING OPEN SPACE PRESERVATION (OP) DEVELOPMENTS WHEREAS, Section l 50.180, Subd. (B,2,d) of the City Code prescribes specific buffer setbacks requirements within OP — Open Space Preservation developments; and WHEREAS, the buffer setbacks required by the City Code have not been observed in many of the City's OP — Open Space developments due to either the lot arrangement approved by the City at the time of subdivision approval or the setbacks approved as part of the building permits review in OP Zoning Districts; and WHEREAS, the City Council finds that it is in the best interests of the City and its residents within OP — Open Space Preservation Zoning Districts to clarify the required buffer setback within each OP — Open Space development arid to create a reference table with all buffer setbacks identified for specific developments; and WHEREAS, the Planning Commission reviewed the proposed buffer setbacks, held a public hearing at their regular meeting held November 23, 2009, and recommended approval of the OP — Open Space Preservation Buffer Setbacks as identified in the chart below; and NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Lake Elmo, Washington County, Minnesota, that buffer setbacks be applied from the edge of OP — Open Space Preservation Zoning Districts as follows: Recommended Buffer Setbacks in OP Developments (in feet) North South West East Exception Edge Edge Edge Edge Parcel(s) St. Croix's Sanctuary 200 50 50 100 Discover Crossing 200 100 50 100 Whistling Valley 1 25 200 N/A N/A Whistling Valley 13 25 100 85 1 N/A *Whistling Valley Hi 50 100 100 N/A .Farms of Lake Elmo 100 50 100 25 Prairie Hamlet 200 50 50 100 Fields of St. Croix 1 50 I N/A 200 100 fields of St. Croix II 1 N/A 200 200 N/A N/A The Homestead 50 50 200 50 Tapestry at Charlotte's Grove 50 50 200 50 100 Tamarack Farm Estates 100 100 100 100 Sunfish Ponds 100 100 100 200 Hamlet on Sunfish Lake 50 100 . 50 50 Cardinal Ridge Wildflower Shores Heritage Farms Tana Ridge (Res. 2009-033) Parkview Estates (Res. 2009-033) 100 200 50 50 100 200 100 200 50 N/A N/A 50 N/A N/A N/A 50 50 50; except Lot 9, N/A N/A 50 Block 5 use 20 ft ADOPTION DATE, This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-021 was adopted on this 15th day of December, 2009, by a vote of Ayes and. Nays. Dean Johnston, Mayor ATTEST: Bruce Messelt, City Administrator This Ordinance No. 08-021 was published on the day of , 2009. Croix's Sanctuary; Buffer k 50 Foot Buffer Setback 100 Foot Buffer Setback 200 Foot Buffer Setback Di v Bufferr Setback 50 Foot Buffer Setback 100 Foot Buffer Setback 200 Foot Buffer Setback Whistling Valley l; Buffer Setb 4.01011:-. 1,-kr 110 .:111S1 111111111k111/11 VIAllaktif %,11 rig :-.1441.Fj247.e$ 25 Foot Buffer Setback 200 Foot Buffer Setback Whistling Va IIey If; Buffer Setback Vil L\ /4 WI 25 Foot Buffer Setback • ...•-.40,•;„.„,..-• . - as Foot Buffer Setback A 1 11/1,1 VVhistling Valley III: Buffer Setback 50 Foot Buffer Setback 100 Foot Buffer Setback Farms of Lake • Buffer Setback 44: .lipM0P140177,14P"*.*_or. r Setback 50 Foot .Suffe 00 Foot Buffer Setback 44, Prairie Hamlet: Buff • 1107 / MI 1 I \ r writ/ ck ./1 50 Foot Buffer Setback 100 Foot Buffer Setback 200 Foot BF ffQ r 'Setback Fields of St. Croix I; Buffer Setback `:4-:.7+- • 50 Foot Buffer Setback 100 Foot Buffer Setback 200 Foot Buffer Setback Fields II, Little Bluestem; Buffer Setback 200 Foot Buffer Setback The Honzs d; Buffer Setback Attr.t.vrapogItle 0:7 !,1V 50 Foot Buffer Setback 200 Foot Buffer Setback Tapestry at Charlotte's Grove.; Buffer Setback Ir iv !rim, ar 50 Foot Buffer Setback 100 Foot Buffer Setback ---- - 200 Foot Buffer Setback Tamarack Fan Bu e i Setback 1,7,7777,!, 100 Foot Duffer Setback • Ponds" Buffer Setback .. _ 100 Foot Buffer Setback -- 200 Foot Buffer Setback Hamlet on unfish Lake; prr .7.11k back 50 Foot Buffer Setback 11J0 Foot Buffer Setback Cardinal Ridae, Buffer Setback 50 Foot Buffer Setback 200 Foot Buffer Setback Wildflower S1 ores; Wier Setback 100 Foot Buffer Setback - 200 Foot Buffer Setback Heritage Farms: Buffer Setback AF2r it! II t ill `";4th,44 rei*fg-k, Tn;r4, -444hAlrP,1-41e- , - 50 Foot Buffer Setback Tana Ridge; Buffer Setback 50 Foot Buffer Setback • Parkview Estates; Buffer Setback —• 20 Foot Buffer Setback • :111-45%,',,,...4 :1•1-"'•7•N.,•-• ••• • " • ,,pa.-.$17,,,7717,..•,,. -• - • ---...,..e..A4V....44,14:4,-44./4.-24,424'... • 50 Foot Buffer Setback What vnethink was approved, but was Existing Buffer Setback not officially Existing OP (2ODFtunless otherwise approved by the Development noted) Council St. Cndx'eSanctuary 2OUFt; all edges Proposed Buffer Setback Reasoning behind Recommendation-, Notes: Anaunniny2O0 ft 1DOFt from —5,UFt hnm N and E; 100ft from ` and VV| 200 .Northern Edge - Whether the setback ie2O0 feet or0feet; the entire area |ocovered by conservation easements 1nmnoudntarid would not have future private structures built an that property, which abuts State Highway 3O VVeu\ernEdgo-Thedovo|opmentbnrdero property eligible for OP development based on property size; both properties that would be affected by this reduction back up to an outlot nrcurrently undeveloped city park _ Southern Edge ' The development borders property eligible forOPdSwelopmeOtboGaUon property size which allows areduced buffer setback tV1OOfeet; staff /arecommending 5O feet tncontinue providing abuffer between this deve|opmentand any future development to the South while allowing the properties platted uphothe edge ofthe development the ability ho utilize abackyard for mstructure Eastern Edge ' Manning Avenue borders the eastern edge n{development along with a minimum iOOfoot wide nuUotcovered byo conservation easement and therefore unbuUdmb|e What vvmthink was approved, but was Existing Buffer Setback not officially Existing OP (20OFlunless otherwise approved by the Proposed Buffer Development noted) Council Setback Reasoning behind Recommendation: Notes: _Northern Edge ' The recommendation ishm maintain o 2O0foot setback, although would understand if reduced setback was �o�b|�h�d. /\2DOfoodueUbmokwmoNhouDh( � ' ^ha be appropriate as the neighboring property � to the North Is not eligible for OP development ' due to lot size and zoning designation. . Although the 200 foot setback does encroach . on one private property, it does not detract from the buUdabi|ih/ofthe property. Southern Edge - While the property to the South of this development is not eligible for OP development due to insufficient parcel size, m ' ' � � ' ~ bU�era/[gadvex��in the h/Rn of an VuNot of 1OOFt�nmE$hdG� ' 200 Dhom S� iOO Ft ' � over 100 feet in width buffering the existing Discover Crossing (RR) ' 200 Ft�orhthe N` `�� , VV ` homes the future �Ad 50 Fthomthe VV - ' development VVeobann Edge -The development borders ` property eligible for OPdevelopment based un property size and was actually platted to stub � into that property for future connectivity; the ' properties affected by this change would have room in the rear yard to place conforming structure or, /n the case nfthe vacant lots, would have additional options in which to configure ahome location EostemltEdgn - County Road 13 (Lake Elmo Avenue) borders the development on the Emubm[n edge; this would reduce the non' ` conformity existing and would allow the lots to again be buildable while providing a 100 foot setback Existing OP Development Existing Buffer Setback (30MPtunless otherwise noted) What vvathink was approved, but was not officially approved by the Proposed Buffer Council Setback Whistling Valley |(Ag) U Ft from E � 1OO feet O Ft fromN; 0 Ft ` Vy; hnmSouUl Reasoning behind Recommendation: 'Northern Edge - The recommendation |naOFt setback; ifthe goal intoeliminate existing non' nonfnrmibno.evnnwKhm50footnntboch.the home furthest (othe North would remain non- conforming; the Regional Park Reserve |o located tothe north and serves nnmdediooted open space; Southern Edge 'Abuffer setback of20Ufeet would not impact any private land Western Edge - two homes exist in a non- conforming location with a 100 foot setback; ' reducing the setback (o50feet would make the 200 FYfrom 8 'a- rid O Uonm85 nonhn[nn|ng but would naUuoe the ability frnm E. N. and VV to put conforming structure N the rear yard of the property; for mmajority ofthe Western edge, the development abuts Whistling Valley III which could beconsidered onextension of this development and therefore nnbuffer setback would be naquinnd, the remaining West edge abuts a parcel eligible for OP development due tusufficient parcel size vvh/oh would provide anopportunity for nreo0nga sizeable buffer should that property be developed in the future __ Eastern Edge ' this has already been approved byCouncil atthe time ofthe development approval Notes: Staff Shffreport says there should heno setback from regional park, but noCouncil action tothat affect What we think was approved, but was Existing Buffer Setback not officially Existing OP (200 Ft unless otherwise approved by the Proposed Buffer Development noted) Council Setback Reasoning behind Recommendation: Notes: Northern Edge - the property abuts the Regional Park which provides a dedicated open space; a reduction to 100 ft would not eliminate all non -conforming houses Southern Edge - This would eliminate additional, greater front yard setbacks for three properties; the lots are already separate from County Road 10 (10th Street) by an outlot with a conservation easement 85 Ft from W, 100 85 Ft for Lot 1, Block 1 0 Ft from N and E Western Edge - maintain the reduced buffer Whistling Valley II (RR) from S, 0 froni E and from W edge edge setback approved by Council at the time of the development Eastern Edge - The recommendation is a 0 foot setback as the lots abut either Keats Avenue North or a strip of land that is part of the Regional Park Reserve - a protected open space; establishing a buffer setback in this location greater than 50 feet would severely impact the buildability of at least two platted lots What we think was approved, but was Existing Buffer Setback not officially Existing OP (200 Ft unless otherwise approved by the Proposed Buffer Development noted) Council Setback Reasoning behind Recommendation: Notes: Northern Edge - The property to the North is neligible for OP development based on lot size, This development also has a road stub to the North which would connect with a future development. Southern Edge - A 100 foot setback is recommended as it would not impact any future Res. Says CC allows a residential home, but would leave a buffer in 100 ft from N, W, 50 from N; 100 from Whistling Valley III (RR) reduction in 100 ft bufferplace. and S S and VV; 0 from E setback from E Western Edge - A 100 foot setback is recommended as it would not impact any future residential home, but would also leave a buffer in place. The property to the West of this development is eligible for OP development based on lot size. Eastern Edge - The property to the East fS _ Whistling Valley I. Unclear in Resolution Existing OP Development What we thinkvvmo approved, but was Existing Buffer Setback not officially (200ptunless otherwise approved bythe notodl Council Farms of Lake Elmo 100 ft from W, S, and E; Proposed Buffer Setback [h6ffl 8| 100 r! frnm VVhUdQ5Ftfrom Reasoning behind Recommendation: Notes: —orthannEdge'-th|esetback only applies to a few properties nndUhot|odueiomneighbo/n parcel that islandlocked inside the borders of this development (an unusual sihuobon);a1UO foot setback 10being recommended mnthe "tnue"northern edge n[the development |m much further to the North along 31nt Street North Southern Edge - Although the City Council already reduced this buffer setback to 100hset atthe time ofthe development, ifthe Intention iobeliminate non-confonn|Liea'' the setback would need toboreduced (n5Ofeet and even (CO m|nutee4'5-O5) then it is n|ooa for the Southwest corner lot ___ VVnatenoEdge 'A1O0foot oe�mckmmuNno( encumber alot tomake i(unbuUdob|n but would reduce the area for conforming accessory structure; a 50 foot buffer exists in the form nfon out|ottoprovide m physical barrier from the adjacent properties -Ea-stern Edge 'o 25 fo_O_F_S4`kback7wE0d eliminate the non -conformities with regards to the homes; the development abuts the Regional Park Reserve which will bopreserved asopen space What we think was approved, but was Existing Buffer Setback not officially Existing OP (200 Ft unless otherwise approved by the Proposed Buffer Development noted) Council Setback Prairie Hamlet (OP) 200 Ft; all edges Reasoning behind Recommendation: Notes: Northern Edge - Whether the setback is 200 feet or 0 feet; the entire area is covered by conservation easements in an outlot and would not have future private structures built on that property, which abuts State Highway 36 Western Edge - Although a 100 foot setback could be established without excluding much private land from accessory structure construction; the actual implementation of this 50 Pt setback from S would be difficult due to the curve in the and W; 200 Ft front development; it would provide minimal buffer N; and 100 Pt frorri E setback functionality Southern Edge - in order to eliminate existing non -conformities, a 50 foot setback would suffice while providing minimal back yard area for a permitted accessory structure Eastern Edge - Whether the setback is reduced to 100 feet or 0 feet, the setback would not (or negligibly) encroach on private property and the non -conformities would be eliminated What we think was approved, but was Existing Buffer Setback not officially Existing OP (200 Ft unless otherwise approved by the Proposed Buffer Development noted) Council Setback Fields of St. Croix (RR) 100 ft from ag land (s(aff report) :0 from SOUth: 200 Ft from W 50 Ft frOrti - N; 100 Ft froniE Reasoning behind Recommendation: Notes: Northern Edge - There are two developed lots affected by the buffer setback along the north side of the property. Both properties abut 50th Street North and on the other side of the road is an outlot from another OP development. A 50 foot buffer setback would be minimal as it is measured from the center of the road, but given the adjacent property (road, outlot), staff finds that minimal buffering is necessary. Western Edge - A majority of the property along the western edge of the development are dedicated outlots. By keeping the 200 foot setback, only one lot would be minimally affected and it is in a largely wooded area. Southern Edge - Because there is a thin lot platted adjacent to the southern edge of the development, staff is recommending a zero foot setback to ensure the existing home is no longer non -conforming. Eastern Edge - A recommendation of a 100 foot setback from the eastern edge as this would only affect one residential property. Reducing it from 200 feet makes the home conforming again. A 100 foot setback would be duplicative of a front yard setback and would have minimal impacts to the existing property owner. Existing OP Development Fields of St. Croix 2nd Addn (OP) What we think was approved, but was Existing Buffer Setback not officially (200 Ft unless otherwise approved by the noted) Council Proposed Buffer Setback No buffer setback kern "excePtIon" parcel(internal to subdivision). 0 Ft from N and E; 200 nem S and W Reasoning behind Recommendation: Notes: Northern Edge - The recommendation is a 0 ft setback as there are two home sites platted with homes built into a 50 foot setback. Those two homes are adjacent to Tana Ridge Park - an OP development. Western Edge - The recommendation is to maintain a 200 foot buffer setback as it would have minimal, if any, impact on any residential home site. Southern Edge - The recommendation is to maintain a 200 foot buffer setback as it would have no impact any any residential home site, Eastern Edge - The recommendation is a zero foot setback as there are two single family homes and two townhomes built within a 50 foot setback from the eastern edge of the development. Exception Lots - The platted development did not include two existing residential homes that were located Internally to the development. Two home sites were added later to the development from the exception property to the north and therefore the homes are built close to that property owner. Because that property owner subdivided with the intention of creating two home sites at that location, the recommendation is a 0 foot buffer setback from the exception parcels. What we think was approved, but was Existing Buffer Setback not officially Existing OP (200 Ft unless otherwise approved by the Proposed Buffer Development noted) Council Setback Reasoning behind Recommendation: Notes: Northern Edge - The recommendation is a 50 foot setback from the North because the properties are adjacent to Tartan Park baseball fields. An additional structure in the rear yard would have minimal to no impact on the 0 Ft; Staff report spectators utilizing the fields. stated "No buffer Western Edge - The recommendation is a 200 zone is necessary 200 Ft from W; 50 Ft foot buffer setback as it would not affect any The Homestead (OP) since the agricultural from N, E, and S residential home sites. use will be a tree - Southern Edge - The recommendation is a 50 farm." foot buffer setback from the South as the properties to the South are zoned FR-1 and although slightly larger, are similar in size. Eastern Edge - The recommendation is a 50 foot setback to make the existing homes conforming. _ _ Existing OP Dnva|npnnood Existing Buffer Setback (20uFtunless otherwise noted) Tapestry atCharlotte's 200Rfrom VY; 20Rfrom Grove (RR) Exception Parcels What mmthink was approved, but was not officially approved bythe Proposed Buffer Council Setback 200Rfrom N.20OR inNEcorner; 1Q0Fi from E and S 100Sotbax hnrn- 50 R setback f rdrn N,8, and Ei200from W � Reasoning behind Runmmmmndm§mn� Northern Edge - The recommendation ism5Uk setback oothe property ioadjacent largely hoparcels undevm|opmb(nhyOpstandards, but maintaining a 2OOitsetback renders the lots unbuUdab|wand 100 feet reduces (or possibly eliminates) the ability ofthe existing homes k/utilize the rear yard, hobuild en addition (such nnadock) |naconforming location in the rear yard. Western Edge 'The recommendation isa2VWfoot buff orsetback as Itwould mffact only one property and would not preclude other building vnthe site. Southern Edge ' The recommendation isn5Ufoot buffer setback aodisadjacent (oSunfish Lake Park, which will not bodeveloped. The full 200foot setback renders the lots unbui|dahks. The oomm|oolonsuggested n5Ofoot setback may bo more in -line with setbacks inOPdevelopments from parks o|nowhem In the city, Notes: Eastern Edge ' The recommendation isn50foot setback mnKIsadjacent h,another 0Pdevelopment for amajority ufthe length nfthe development which also has esmall ouUoiadjacent inthe development. A2VUfoot setback renders ofew lots unbuUdub|m and n10Ofoot setback would create difficulties in building a residential lot on one of the oihao. This would also create nlittle more buildable area for the GEcorner lot which would have abuffer setback from the South as well. Exception Parcels ' The City Council approved by 4/5vote k/allow nroad iobmbuilt within n2OOfoot buffer setback from (he exception parcels. Howave/, the recommendation |nfor a10Ofoot setback nothe parcel buthe Southeast already has challenges for building due hothe large pond/wetland onthe site. Existing OP Development Tamarack Farm Estates What we think was approved, but was Existing Buffer Setback not officially (200ptunless otherwise approved by the noted) Council 100ft from Proposed Buffer Setback 100ft fromN' ,mndE Rmmmqn|mg behind Recommendation: Northern Edge ' The recommendation infor a 1O0foot buffer setback aeleaving o2OOfoot setback would retain o non'conform|nghomm nnthe furthermost lot. The property tothe ` North imcurrently vacant and eligible for OP development based onparcel size. Western Edge ' The recommendation infor n ' 10Ufoot buffer setback ooleaving o2OOfoot 'buffersetback would leave three homes non- conforming. The parcel tothe West |onot eligible for OPdevelopment based on size; however, itiuowned bythe same trust that owns anadditional (opproximo(e|y}18O � adjacent acres which would be eligible for OP ` development. — Southern Edge ' The recommendation |nfor o 1OOfoot buffer setback euleaving a3OOfoot buffer setback would |ooma two existing homes non -conforming. Tothe South |o5ONhStreet . North and then another OPdevelopment '(Findn'of St. Croix}. . Eastern Edge -The recommendation in for l00foot setback from the Eastern edge ae leaving o 200 foot buffer setback would leave mtleast two homes non-oonhorming. To the east ofthe development isnnouWntfor the Carriage Station development. Notes. Staff report for concept plan had nnhsn: "100foot buffer will need to be provided ifthe open space onthe south side ofthe property io planted in corn or soy beans." Staff report for Preliminary Plan said that the ^—space adjacent h)the public road bemaintained oothat |thas visual continuity with the adjacent open Existing OP Development Sunfish Ponds (RR) What we think was approved, but was Existing Buffer Setback not officially (200 Ft unless otherwise approved by the noted) Council 200 from N, W, and E; 100 from S Proposed Buffer Setback Reasoning behind Recommendation: Notes: Northern Edge - The recommendation is for a 100 foot buffer setback as leaving a 200 foot setback would retain a non -conforming home on the north lot. To the North of the development is 43rd Street North and further to the North of the roadway are two parcels ineligible for OP development based on property sizes. Western Edge - The recommendation is for a 100 foot buffer setback as an OP development Staff report for is directly to the West. A 400 foot wide outlot concept: structure • exists between the Western edge of this footprints would likely (Sunfish Ponds) development and rear comply with the 200 200 frorri E: 10D fi-drifi residential property lines in the Hamlet on foot -to -adjoining orid W Sunfish Lake development, property line Southern Edge - The recommendation is for a requirements except 100 foot buffer setback as leaving a 200 foot to the South; buffer setback would leave one existing home applicants propose non -conforming. To the South of this 100 ft buffer development Is the Schiltgen Farm which is a part of the Village Area. The Village Master Plan identifies a buffer zone/open area along this property. Eastern Edge - The recommendation is for leaving a 200 foot buffer setback in place as there is almost 350 feet of outlots between the edge of the development and the rear property line of a residential lot. Existing OP Development Hamlet on Sunfish Lake (OP) What we think was approved, but was Existing Buffer Setback not officially (200 Ft unless otherwise approved by the Proposed Buffer noted) Council Setback 100 ft from W and E Reasoning behind Recommendation: -• Northern Edge - The recommendation is for a 50 foot setback from the North because the corner of the existing home is approximately 104 feet from the edge of the development. To the North of the development is a residential lot that would not be eligible for OP development based on the lot size requirements. Western Edge - The recommendation is for a _- 50 foot buffer setback. Although a reduction to . a 100 foot buffer setback would eliminate non - conformities, staff Is recommending 50 feet as the development is adjacent to another OP • development, the development has a 50 foot 100 ft frord 60 wide outlot along the western edge, and an frorri W; E, and N. 850 foot length of the two adjoining OP developments is a large outlot in the Tapestry development. The South portion of the Western edge is adjacent to city -owned Sunfish Lake Park. Southern Edge - The recommendation is for a 100 fOot setback from the Southern edge as the administrative execution of the setback would be considerably easier given the odd shape of the "cut-out" corner in the southwest. Eastern Edge - The recommendation is for a 50 foot setback as a non -conforming home would remain if a 100 foot setback was utilized. Notes: Existing OP Development Cardinal Ridge (Ag) What we think was approved, but was Existing Buffer Setback not officially (200 Ft unless otherwise approved by the Proposed Buffer noted) Council Setback 100 ft frani N, 200 100 ft from W and E fitrii 8, 'oriel 50 kohl Reasoning behind Recommendation: Northern Edge - The recommendation is for a 100 foot setback as it would not Impact any residential lots and it is adjacent to the Lake Elmo Regional Park Reserve. Western Edge - The recommendation is a 50 foot setback as the development is adjacent to another existing OP development, The Parkview Estates development was granted a reduced buffer setback of 50 feet as a number of homes were found to be non -conforming E and W previously. The combination of two 50 foot buffer setbacks would provide a total of 100 feet buffer area between the two developments. See notes. Southern Edge - The recommendation is to retain the 200 foot buffer setback. Eastern Edge - The recommendation is a 50 foot buffer setback as leaving it at 100 feet would leave one existing home non- conforming. Notes: A variance was denied by resolution at the Planning Commission for the Northwestern flag rot to have a home built within the buffer setback. However, the home was then built. Staff is still researching why this was allowed. What we think was approved, but was Existing Buffer Setback not officially Em|mtymg OP (2O0Ftunless otherwise approved bythe , Proposed Buffer Devolopment noted) Council Setback Reasoning behind Recommendation: Notes: ..~..~....~..�.~..._ nn .~~ toot buffer setback an leaving o �VU �nct setback would leave otleast two homes non conforming. The property to the North of this devolopmentkmeligible for OP development based onlot size and zoning. That property ks utilized for mmining company. Wildflower Shores (OP) Western Edge ' The recommendation kso1OO 'foot buffer setback oaa 200 foot buffer --"---`'_.^.-_-=-`-__-v�muoxmmumm�,vov�/vv/�v non- conforming. The road and anapproximately pv/ov,W�uwww,� vouv�pu�uo.vxv/au,/Ve .'._x"'"' ~ - ` ^ ~' - - recommendation -- The Southern ' ` - - setback as it ' would continue ^ t h ave �noimpact onany private residential pmpadiew and falls entirely within mnoutloL stern Edge -The recommendation |uho �.' .. �re.�ma ~�uon�o�ounaroauDmcnmonwnu/onor :.' Impact the existing homes |nthe development ��andwould continue buprovide conforming -'--- for --- -ry ^---~' for- properties it would cross. three What we think was approved, but was Existing Buffer Setback not officially Existing OP (200 Ft unless otherwise approved by the Proposed Buffer Development noted) Council Setback Reasoning behind Recommendation: Notes: = Northern Edge - The recommendation is a 50 foot buffer setback as a 100 foot setback abuts J.•:two existing homes. The development is bordered on the North by 30th Street North. To the north of the road is the southern boundary of the Village Area which is Identified =i--to have a greenspace/open area border which would further separate the development from future development. Western Edge - A 0 foot setback is being recommended as the existing residential 'homes to the west of the development are on lot sizes similar, if not smaller, than the homes n this development. In addition, the ft .50..ft kohl t.4 and -. Heritage Farms (OP) 'Mini anti implementation of the setback around the varying edge would provide difficult. Southern Edge - A 0 foot setback is being recommended as one existing home would be retained as non conforming if a 50 foot setback In place. The two properties to the South -are not eligible for OP development based on Iotsize. •-• , Eastern Edge - The recommendation is for a • = 50 foot buffer setback as the development abuts Manning Avenue which is a heavily used roadway. That roadway provides a significant buffer between the development and the - „ ..;property in West Lakeland Township.