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
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Fri 04 of Dec, 2009
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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:-.
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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 \
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ck
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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
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50 Foot Buffer Setback
Tana Ridge; Buffer Setback
50 Foot Buffer Setback
•
Parkview Estates; Buffer Setback
—• 20 Foot Buffer Setback
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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.