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Home My WebLink AboutFeb. 17, 2009 council packet City of.Lake Elmo 3800 Laverne Avenue North February 17,2009 ***VILLAGE AUAR 5:30 P.M. - 7:00 P.M. "* 7:00 p.m. A. CALL TO ORDER B. PLEDGE OF 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 Council adopted for doing its public business.) G. APPROVE MINUTES: 1. Consider approval of February 3, 2009 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. 2. Michelle Carlson, Lake Elmo Jaycees —Presentation of check from charitable gambling I.' 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.) 3. Approve payment of disbursements and payroll 4. I-94 Corridor Joint Powers Agreement 5. Proposal by Urban Land Institute for City's Participation in Community Research Project J. REGULAR AGENDA: 6. Conditional job offer to Brittnie Cunnien, Jason Sinclair, Tom Steinman and Andrea Friedrich 7. Extend a Deadline for the Removal of Vehicles from 5699 Keats Avenue 8. Planning Commission Work Plan 9. 2009-2013 Street Capital Improvement Program(CIP): Authorization to proceed on the 2009 street improvement feasibility report 10. Selection process for city attorney 11, Set date to consider formal publication of final Village AUAR K. REPORTS AND ANNOUNCEMENTS; (These are verbal updates and do not have to be formally added to the agenda. « Mayor and City Council • Administrator e Planning Director- Update on consultant for wireless telecommunication ordinance L. Adjourn Lake Elmo City Council Meeting WELCOME jf You wish to address the city clerk or the address the city council y administrator. please fill in the form and You give it to cit may address the city council for The mayor will call u up to 3 minutes. time designs d for Pon YOU when it is time for Public cod ants n each Y°U to speak during the Name ends item. u L Address - O � _ What item #and topic ,^ v r><1 Your(If r to is not a nu (ifagenda You o of the mbered on the meeting under public com , it Willmence andbn heard at the quiries). City of Lake Elmo City Council Minutes February 3, 2009 f Mayor Joluiston called the meeting to order at 7:00 p.m. Present: Mayor Johnston and Council Members-DeLapp, Emmons, Park and Smith Also Present: Planning Director Klatt, City Attorney Filla, City Engineer Griffin, Planning Director Klatt, Finance Director Bouthilet, City Administrator Dawson and City Clerk Lumby APPROVAL OF AGENDA: T. MOTION; Council Member Smith moved to approve the Fall' ft y 3, 2009 City Council agenda as presented. Council Member Park moved to se06nd th&agenda. The motion passed unanimously. _= ORDER OF BUSINESS: GROUND RULES: _ W 1W.. W- APPROVED MINUTES: The January 20, 2009 minutes were approved by consensus. PiJBLIC COMMENTS/iNiIRIEm fryr B ' Heather Noyes, Lake_>� Q«Jay ; introduced herself as the 2009 President and gave an update on its succews ,r�Y 44 CONSENT AGI TDA: MOTION.- Council ft ber zrk moved to approve the Consent Agenda as presented. Council Member Smith s"k-6 d the motion. The motion passed unanimously. a Approve payment of disbursements and payroll in the amount of$106,907.57 • Approve agreement wit Molly Kralcowski to serve as the Income Determination Consultant for the CDBG Gas Line Replacement Project Accept donations for the Fire Department's Polaris Ranger LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2009 1 REGULAR AGENDA; Consider request from the St. Croix Valley Community Foundation The City Council was asked to fiend an art survey done in the greater St. Croix Valley communities. The purpose of this study is to explore the viability of creating or sharing space to meet the need.of cultural organization in the region and satisfy the growing needs of the cultural community. MOTION.- Council Member Park moved to approve the request for funding($1,844 based on a per capita formula) by the St. Croix Valley Foundation. Council Member Emmons second the motion. The motion passed 4-1 (Council member DeLapp voting against the motion). Appoint commissioners to existing vacancies on the planningAfiR, park commissions The City Council was asked to make appointments to 1?Ianning :ommission and to the Parks Commission. M- ._.... & 4W.. Current Commissioners Mark Deziel (term expirgd12/31/ and Jennifer Pelletier(term expires 1/31/09)have not reapplied for another tern1WQ=Emissioner Ben Roth (term expires 12/31/11)has resigned resulting in wvacancy�ftree Full-Voting Member positions. =_ _ - w Commissioner Bob Helwig appledQx,a 1-y'eterm(new Term expires 12/31/09) and Julie Fliflet applied for a 3-yeal Full Ting Members. M. The following candidates va + inteewe =Tan Ziertman, Larry Green, Todd Williams, Steve Brit4.3-,off B dbn.and Saleh Van Erem. Planriin Commis �on: MOTION: CouncilVlmber ,app moved to appoint Julie Fliflet and Bob Helwig and move the First Alternd Tod- tacek and Second Alternate Mike Pearson to Full-voting members for 3-year terxris on the Planning Commission. Council Member Emmons second the motion. MOTION., Council Member Smith moved to amend the motion to reappoint Julie Fliflet to a 3 year term and move the First(Ptacek) and Second(Pearson)Alternates to Full- Voting members for 3-year terms on the Planning Commission, Council Member Park second the motion. The motion passed.3-2 (Council Members DeLapp and Emmons voting against the motion). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2009 2 i MOTION: Council Member DeLapp moved to reappoint Julie Fliflet to a 3-year term and move First Alternate Todd Ptacek to f nish Ben Roth's term and Second Alternate Mike:Pearson to Full-Voting Members for 3--year terms on the Planning Commission. Council Member Emmons second the motion. The motion passed unanimously. MOTION: Council Member Park moved to consider Bob Helwig with the pool.of the six candidates. Council Member Smith second the motion. The motion passed 3-2 (Council Members DeLapp and Emmons voting against the motion). MOTION Council Member DeLapp moved to amend the motion to consider Bob Helwig separately rather than in the candidate pool. Council Member Emmons second the motion. The motion failed 2-3 (Mayor Johnston and Council Members Park and Smith voting against the motion). Council Member DeLapp suggested voting by a show of hat-to stead of voting by paper ballots so the public can immediately see the vote. MOTION Mayor Johnston moved to follow the pastiictice of the esxblished voting procedure usingpaper ballots. Council Member,BWksee the motiR The motion passed 4-1 (Council Member DeLapp voting agar ;,�,Ihe iff tion). r The Council voted by paper ballot and thdw virg pointed to the Planning .tR Commission: Saleh Van Erem appointed` g F4j!j lotin� tuber for a 3-year term, Joan Ziertman as a Full-Voting Member foil-yrt �o{finishing off Bob Helwig's 9 term), Tom Bidon as First Alternate,a,Md Steve I3rrtz as econd Alternate. Park Commission: :_ MOTION.' Council ember Smi� :moved to appoint Rolf Larson. to a 3 yer term as a _v Full-Voting Membe r.`F lielark rrlmission. Council Member Park second the motion. The motion passe unanimous�,�: r Final action related t,a wirele, telecommunications tower permit for 9057 Lake Jane Trail N. Planning Director Kyle Klatt reported the City Council was being asked to take final action on the proposed wireless communications tower permit submitted by FMHC Corporation and the property owners Dan and Jean Olinger to install a new communications tower at 9057 Lake Jane Road North. A letter from FMHC was received clarifying T-Mobile's position concerning its willingness to revise the final design and height-of the tower. The applicant refused to allow the City additional time for making a decision on the application. Based on the Council authorization on January 28, 2009,the City engaged the services of The Center for Municipal Solutions to perform a review of the application and the City's LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3,2009 3 draft findings. CMS provided its report to the City on Monday afternoon (February 2nd) that in its opinion the need for this facility, the height and the location had not been justified as required in the City's ordinances to minimize adverse visual effects of towers, antennae or accessory equipment. The report and draft resolutions were made available to the Council at the meeting. Pat Conlin, FMHC representative, sent an email refuting CMS claims stating the information provided,from Richard Comi, CMS,did not reflect the amount of information or specifies that have been provided to City staff and the Council through the application review period. Mark;Holm, T-Mobile, 8000 W. 78"' St., Edina, stated the 110-foot tower compromise proposal is as low as it can go to cover the entire Lake Jane area. A 90-foot tower would not work. T-Mobile could design the tower for additional canii to hold additional carriers. Joe Kiesling, 9359 Jane Road N., said he was in favor a toweY=lecause the cell phone coverage is terrible. He pointed out there are other c 1=1�phone towers a ang Hwy 36 from Hilton Trail to Lake Elmo Avenue that are not noiffi We noW because ey have been there:for a while, s '�=_r 4"-� Justin Bloyer, 8881 Jane Road N., spoke Ali."; oft1ie=aver. Tom Mechellce, 9090 Jane Road N., agreecfithrtie= .l recommendation. Chris.Cunningham, 9385 Lako- aneYT `=il, sai~d'R-, e live in a dead zone and has to run to the end of her driveway to p up a call She as "I d the Council to approve the application. Jim Blackford, 9765145Strpet N ,-stated the City is not against cell phone towers,but tl , in the riglrt places with the right designs so they don't impair views the City needs in the City. Council Members DeIJW.M.I. ons and Smith agreed that the visual aesthetics of a 125- foot tower was a high prig"r"-ity. They wanted to understand what the true needs are and wanted documentaton of those needs, Mayor Johnston stated he thought the City has taken the aesthetic argument to an illogical extreme and had talked to residents who believed that the modified design is perfectly acceptable. The modified design was a 11.0-foot monopole design that T-Mobile was willing to construct as a compromise. He had a problem with the City taking a business arrangement away from a resident. Mayor Johnston voiced his objections to the hiring of the consulting firm, CMS. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3,2009 4 i Council Member Park said no matter why T-Mobile chose the Olinger property, the T- Mobiie application conformed to the City's ordinance. MOTION: Council Member Park moved to exempt T-Mobile from the wireless telecommunication tower moratorium. Council Member Smith second the motion. The motion failed 2-(3 Council Members DeLapp, Emmons and Smith voting against the motion). Planning Director Klatt stated the City would still be willing to work with T-Mobile on a wireless tower application. The City currently has a one-year moratorium in place on such applications, but could have the ordinance revised by this summer. MOTION: Council Member Smith moved to adopt Resolution No 2009-05, A resolution denying application from T-Mobile for a 125 foot monopole win ss telecommunication tower on property located at 9057 Lake Jane Trail(Olinger, operty) with an addition on Page 4, L. acknowledging FMHC submitting a memo any esponse to the Comi Report (FMHC Responsive Memo). Council Member DeLapps cond the r._ tion. The motion passed 3-2(Mayor Johnston and Council Member P_�voting against the,motion). The meeting was adjourned at 10:37 p.m. Respectfully submitted by Sharon Lumby,011yx prk 00::t1' r gff LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2009 5 City Council Date: 02/17/2009 CONSENT Item:93 ITEM: Approve disbursements in the amount of$133,637.39 SUBMITTED BY: Tom Bouthilet, Finance Director Claim # Amount Description ACH $ 8,111.20 Payroll Taxes to IRS 02/12/09 ACH $ 1,165.17 Payroll Taxes to Mn Dept. of Revenue 02/12/09 DD2043-DD2075 $ 20,876.49 Payroll Dated 02/12/2009 (Direct Deposit) 33835-33845 $ 19 ,776.67 Payroll Dated 02/12/2009 (Payroll & Benefits) 33846-33910 $ 83,707.86 Accounts Payable Dated 02/17/2009 Total: $ 133,637.39 SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of$ 133,637.39 Accounts Payable Checks for Approval User:julie Printed:02/12/2009- 1:05 PM Check Number Check hate Fund Name Account Name Vendor Name Amount 33853 02117/2009 Parts Dedication Other Park Ded Prof Services Design Forum Inc 2,500.00 33866 02/1712009 Sewer Sewer Utility-inlet Council Metropolitan Council 1,068.66 33849 02/17/2009 General Fund Software Support City of Roseville 1,722.33 33861 02117/2009 General Fund Fuel,Oil and Fluids bake Elmo W,1nc, 1,272.70 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 559,39 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 724.50 33882 02/17/2009. General Fund Office Supplies 'Sam's Club 170.82 33882 02/17/2009 General Fund Office Supplies Sam's Club 25.28 33882 02/1712009 General Fund Office Supplies Sain's Club 9.08 33893 02/17/2009 General Fund Software Support VISA 114.95 33889 02/17/2009 General Fund Repairs/Maint Eqpt Tempest Technology 30.53 33881 02/172009 General Fund Office Supplies S&T Office Products,'Inc. 399.01 33881 02117/2009 General Fund Office Supplies S&T Office Products,Inc. 9.48 33880 02/17/2009 General Fund RepairslMaint Contractual Bldg Diane Rud 340.80 33880 02117/2009 General Fund Repairs/Maint Bldg Diane Rud 255.60 33880 02/17/2009 General Fund Use Tax Payable Diane Rud -36.40 33887 0211712009 General Fund Miscellaneous Dana&Sheila Smith 205.49 33875 021172009 General Fund Miscellaneous Gary Peterson 284.11 33860 02/17/2009 General Fund Miscellaneous Michael Krings 420.00 33950 021]7/2009 General Fund Miscellaneous Roger Columbo 56.05 33884 02/172009 General Fund Miscellaneous Kelly Schmidt 328.79 33886 02/17/2009 General Fund Miscellaneous Tom Skalbeck 457.14 33868 02117/2009 General Fund Miscellaneous Michael&.Julie Nelson 534.28 33876 02/17/2009 General Fund Miscellaneous Richard Posel 470.90 33848 02117/2009 General Fund Miscellaneous Father John Burns Carmelite Monestary 332.30 33896 02/1712009 General Fund Miscellaneous Linda&Glen Williamson 184.94 33857 02/17/2009 General Fund Miscellaneous lean&Janet Hill 472.50 33888 02/17/2009 General Fund Miscellaneous St Croix Valley Comte Fndtion 1,844.00 33877 02/17/2009 General Fund Cable Operation Expense Steven Press 58.58 33877 02/17/2009 General Fund Use Tax Payable Steven Press -3.58 33894 02/17/2009 General Fund Miscellaneous Washington Conservation Dist 300_00 33851 02/17/2009 General Fund Miscellaneous Compensation Consultants,Ltd 40.00 33909 02i172009 General Fund Office Supplies Petty Cash 91.67 AP-Checks for Approval(02/12/2009- 1:05 PM) Page I Check Number Check Date Fund Name Account Name Vendor Name Amount 33909 02/17/2009 General Fund Conferences&Training Petty Cash 45.00 33909 02/17/2009 General Fund Repairs/Maint Bldg Petty Cash 31.57 33909 02/17/2009 General Fund Miscellaneous Petry Cash 15-27 33909 02/17/2009 General Fund Office Supplies Petty Cash 15A6 33872 02/17/2009 General Fund Small Tools&Minor Equipment Northern Tool&Equipment Co. 175.60 33895 02/1712009 Water RepairslMaint Imp Not Bldgs Water Conservation Services In 223.20 33962 02/17/2009 General Fund Conferences&Training League of MN Cities 285.00 33856 02117/2009 Water Chemicals Hawkins,Inc. $94.02 33867 02117/2009 Water RepairslMaint Imp Not Bldgs Miller Excavating,Inc. 4,254,22 33867 02117/2009 General Fund Sand/Saft Miller Excavating,Inc. 345.81 33878 02/17/2009 General Fund :Public Notices R1verTown Newspaper Group Corp 32.45 33878 02/17/2009 General Fund Public Notices Riverl'own Newspaper Group Corp 41.30 33863 02/17/2009 General Fund Repairs/Maint Contractual Eqpt Loftier Companies,Inc. 95.30 33863 0211712009 General Fund Use Tax Payable Loffler Companies,Inc, -5.82 33879 02/17/2009 General Fond Printed Forms Rogers Printing Services Corp 5.00 33879 02/17/2009 Water Pruned Farms Rogers Printing Services,Corp 984.39 33864 02117,2G09 Capital Aquisitions Buildings and Structures Menards-Oakdale 85.64 33898 02/17/2009 General Fund Repairs/Maint,Bldg Yocum Oil Company,Inc_ 319.50 33898 02/17/2009 General Fund Repairs/Maint Bldg Yocum Oil Company,Inc. 159.75 33864 02117/2009 General Fund Small Tools&Equipment Menards-Oakdale 34.51 33864 02/17/2009 Capital Aquisitions Buildings and Structures Menards-Oakdale -15.63 33864 02/17/2009 General Fund Repairs/Maint Bldg Menards-Oakdale 127.83 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 28.25 33861 02l17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 43.00 33861 02/1712009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 56.25 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 18.50 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc, 70.00 33861 0211712009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 19.50 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 1600 33861 02/17/2W9 General Fund Fuel,Gil and Fluids Lake Elmo Oil,Inc. 23.51 33865 02117/2009 General.Fund Equipment Parts Metro Fire 390.00 33855 02/17/2009 General Fund Repairs/Maint Eqpt Emergency Apparatus Maint INC 1,072.17 33861 02117/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 36.00 33861 02i17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 25.60 33861 02/1712009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 7.79 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc_ 58.50 33908 02/17/2009 General Fund PERA Withholding PERA 10.00 33910 02/17/2009 Capital Aquisitions Office Equipment&Furnishings Tierney Bros. 2,421.43 33897 02/17/2009 General Fund Electric Utility Xcel Energy 591.01 33897 02/17/2009 Sewer Electric Utility Xcel Energy 64.04 33897 02/1712009 General Fund Street Lighting Xcel Energy 28.23 33897 02/1712009 General Fund Street Lighting Xcel Energy 31.21 33897 02/17/2009 General Fund .Electric Utility Xcel Energy 1,052.06 33897 02/17/2009 General Fund Electric Utility Xcel Energy 2,472,14 33897 02/17/2009 General Fund Street Lighting Xcel Energy 26.18 AP-Checks for Approval(02/12/2009- 1:05 PM) Page 2 Check]Number Check Date Fund Name Accotent Name Vendor Name Amount 33897 02/17/2009 General Fund Electric Utility Xcel Energy 9.17 33897 02/17/2009 General Fund Electric Utility Xcel Energy 450.42 33897 02/17/2009 General Fund Electric Utility Xcel Energy 9.20 33897 02/17/2009 Water Electric Utility Xcel Energy 302.86 33897 02/17/2009 General Fund Street Lighting Xcel Energy 39.73 33897 02/i7/2009 General Fund Electric Utility Xcel Energy 286.21 33897 02/17/2009 Sewer Electric Utility Xcel Energy 17-42 33897 02/17/2009 Sewer Electric Utility Xcel Energy 2.37 33897 02/17/2009 General Fund Electric Utility XceI Energy 905.87 33897 02/17/2009 General Fund Electric Utility Xcel Energy 370.64 33897 02/1712009 General Fund Street Lighting Xcel Energy 112.04 33897 02/1712009 General Fund Street Lighting Xcel Energy 26.46 33897 02117/2009 General Fund Electric Utility Xcel.Energy 46.47 33897 02/17/2009 General Fund Electric Utility Xcel Energy 5,941.72 33897 02/17/2009 Water Electric Utility Xcel Energy 221.08 33897 02117/2009 General Fund Street Lighting Xcel Energy 10.25 33890 02/17/2009 Water Utility System Maintenance Twin City Water Clinic.Inc. 65.00 33858 02/1712009 General Fund Repairs/Maint F-gpl HSBC Business Solutions 96.06 33904 02/17/2009 General Fund Repairs/Maint Bldg Ararnark,Inc. 28.68 33904 02/17/2009 General Fund Uniforms Aramark,Inc. 34.36 338446 02/17/2009 General Fund Uniforms Aramark.Inc. 34.36 33846 02/1712009 General Fund Repairs/Maint Bldg Aramark,Inc. 37.23 33846 02/17/2009 General Fund Uniforms Aramark,Inc. 34.36 33846 02/17/2009 General Fund Repairs/Maint Contractual.Bldg Aramark,Inc. 74.13 33846 02/17/2009 General Fund Repairs/Maint Contractual Bldg Aramarlc,Inc. 24.23 33846 02117/2009 General Fund Uniforms Aramark,Inc. 36.14 33907 02/17/2009 General Fund Contract Services McCombs Frank Roos Assoc Inc. 3,811.20 33852 02/1712009 General Fund Telephone CP Telecom,Corp 526.88 33852 02/17/2009 General Fund Telephone CP Telecom,Corp 442,68 33871 02/1712009 General Fund Sand/Salt North American Salt Company 5,592.97 33871 02/17/2009 General Fund Use Tax Payable North American Salt Company -341.36 33871 02/17/2009 General Fund Sand/Salt North American Salt Company 10,154.98 33871 02/17/2009 General Fund Use Tax Payable North American Salt Company -619.79 33869 02/1712009 General Fund Legal Publishing Lillie Suburban Newspapers Inc. 25.88 33869 02/17/2009 General Fund Legal Publishing Lillie Suburban Newspapers Inc. 22.50 33870 02/1712009 General Fund Telephone Nextel Communications 107.03 33870 02/]7/2009 General Fund 'Telephone Nextel Communications 162.14 33870 07J17t2009 General Fund Telephone Nextel Communications 29.19 33870 02/17/2009 General Fund Telephone Nextel Communications 105.74 33870 02/17/2009 General Fund Telephone Nextel Communications 84.42 33905 02/17/2009 General Fund Repairs/Maint Eqpt Emergency Automotive Technology Inc. 480.75 33893 02/17/2009 General Fund Repairs/Maint Bldg Schlemka 223.20 33847 02/17/2009 General Fund Uniforms Aspen Mills,Inc. 30.95 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Gil,Inc, 44.60 33861 02/17/2009 General Fund Fuel.Oil and Fluids Lake Elmo Oil,Inc. 18.50 AP-Checks for Approval(02/12/2009- 1.-05 PM) Page 3 Check Number Check Date Fund Nacre Account Name Vendor Name Amount 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 16.40 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 29.00 33861 02/17/2009 General Ftmd Fuel,Oil and Fluids Lake Elmo Oil;Inc_ 113.40 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 21.50 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 25.85 3386.1 02A 2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 28.00 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 28.00 33859 02/17/2009 General.Fund Contract Services Kern DeWenter llierc Ltd 2,063.25 33814 02/17/2009 General Fund Contract Services Gopher State One-Call One Call Concept 134.80 33891 02/17/2009 General Fund Miscellaneous Revenue United States Treasury 10,541.52 33854 02/17/2009 General Fund Equipment Parts Bitch Witch of Mn,Inc. 60.81 33892 02/17/2009 General Fund 'Telephone USAMobility Wireless,Inc, 39.87 33873 02/17/2009 Water Water Meters&Supplies Northern Water Works Supply IN 893.84 33906 02/17/2009 General Fund Miscellaneous Karen Richman 7,500.00 33885 02/1712009 General Fund Miscellaneous Schwaab,lne. 38.86 Total for this Date: 83,707.86 Report Total: 83,70T86 AP-Checks for Approval(02/12/2009- 1:05 PM} Page 4 Check Number Check Date Fund Naive Account blame Vendor Name Amount 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 16.40 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil:Inc_ 29.00 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc, 113.40 33961 02/1712009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 21.50 33861 02117/2009 General Fund Fuel,Oil and Fluids Labe Elmo Oil,Inc. 25.85 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 28.00 33861 02/17/2009 General Fund Fuel,Oil and Fluids Lake Elmo Oil,Inc. 28.00 33859 02/17/2009 General Fund Contract Services Kern DeWenter Viere Ltd 2,063.25 33874 02/17/2009 General Fund Contract Services Gopher State One-Cali One Call Concept 134.80 33891 02117/2009 General Fund Miscellaneous Revenue fluted States Treasury 10,541.52 33854 02/17/2009 General Fund Equipment Farts Ditch Witch of Mn,Inc. 60.81 33892 02/1712009 General Fund `telephone USA Mobility Wireless,Inc. 39•81 33873 02/17/2009 Water Water Meters&Supplies Northern Water Works Supply 1N 893.84 33906 02/17/2009 General Fund Miscellaneous Karen Richtman 7,500.00 33885 02I1712009 General Fund Miscellaneous Schwaab,Inc. 38.86 Total for this Date: 83,707.86 Report total: 83,707.86 AP-Checks for Approval(02/12/2009- 1:05 FM) Page 4 City Council Date: February 17, 2009 Consent Agenda Item: S Motion ITEM: Proposal by Urban Land Institute for City's Participation In Community Research Project SUBMITTED BY: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: This item was on the agenda for the Council's January 20, 2009, meeting, but was not addressed as the Council adjourned the meeting before taking it up. The Urban Land Institute (ULI) had indicated that it needed an indication by a few days after that meeting if the City would be interested in participating. Given the timeliness needed of the City, Mayor Johnston contacted the ULI and indicated that the City would be interested in participating. As the ULI staff is eager to begin work on this project, it is appropriate for the Council to affirm the City's participation. BACKGROUND: Please review the attached report, which was the material in the Council's January 20 agenda packet. RECOMMENDATION: It is recommended that the City Council affirm its interest in participating in the ULI study. SUGGESTED MOTION FOR CONSIDERATION Move to affirm the City's participation in the Urban Land Institute's study regarding the development of common understandings regarding development. ATTACHMENTS: Agenda report for January 20, 2009, meeting --Staff memorandum --ULI's letter/proposal to the City(December 17, 2008) City Council Date: January 20, 2009 REGULAR Item: i 0• Motion ITEM: Proposal by Urban Land Institute for City's Participation in Community Research Project SUBMITTED BY: Craig W. Dawson, Interim City Administrator it SUMMARY AND ACTION REQUESTEp: The Urban Land institute, in conjunction with the Family Housing Fund and the Citizens League, has invited the City of Lake Elmo to participate in a project for"creating a protocol for citizens to reach a common understanding of the costs and benefits of development". Three cities will be selected to participate, and each will have discussion groups of 10 to 12 residents. The City's obligations are fairly limited, as identified in the invitation to participate(attached). The City Council should decide whether to Lake Elmo should participate in the project, BACKGROUND: The proposal (attached) is fairly short and self-explanatory. The ULI and its partners have received funding from the Lincoln Land Institute, The goal of the project is to develop"a practice that, over time, will create a culture around problem-solving for the common good and enlightened self-interest: 1) enabling cities to move forward in meeting changing needs; and 2)with less acrimony and cost." Three selected cities will participate, and the ULI report will identify common themes and findings. A recent development project in each city will be the basis for discussion for each group. Results from individual cities will be shared privately with those cities. The model is similar to one used by the Citizens League in its recent study about property taxes. RECOMMENDATION: It is recommended that the City Council state that it is interested in participating in the ULI study, SUGGESTED MOTION FOR CONSIDERATION Move to approve the City's participation in the Urban Land Institute's study regarding the development of common understandings of development. ATTACHMENTS: Urban Land institute's Letter/Proposal to the City (December 17, 2008) ORDER OF BUSINESS: • Introduction • Report by staff • Questions from City Council members to staff • Questions/comments from the public to the City Council • Action on motion ^ . ` P�� ` ��^K��««�� ^~~^^~~^��~� Executive Committee John Shardlow,Chair Colleen Ca Assistant Chair Trea surer uamxxamo.'immemvw Past Chair December 17. 28O0 Mende YLenoair Karen ov»mxky.YLe Assistant Chair Ellison yvnne,.00mmvmvatiowoChair Carolyn Olson,Inner City Advisor Nick Koch,Membership Co-chair Mr. Craig Dawson Mary Taylor,Membership Co-chair City John enynnne�pmn� Co -chair ` Robert Close, Programs Cc-chair QtvofLakeBmo Li ndgren, ' Transportation&Infrastructure Initiativecopm 3800 Laverne Avenue N Robert Engstrom;vu Life Trustee LmkeE\mo K8N5§D42 ox,|xmmno|�.u,�mm°noxa/, ' David Anderson Bake Baker oem/oaeum Dear Mr. OavvsmD: Tom Fisher Warren Hanson Mayor Jim Hovland The Urban Land Institute, the Family Housing Fund and Curtis Johnson Mayor .xaut7 the Citizens League invite the City of.Lake Brno to ~—--°-Councilmember participate in a project ofnational importance: / Kevin*/ngwaldv�� Creating a protocol �r ��ns to reach a common understanding of the costs and benefits oomnon�,�sxo�o�mmvm, Pat xrnm.District Council Coordinator of development. Rnm|una!Council ufMayors James Hovland,Edina,Co-chair As the economy and demographics change, cities must Elizabeth Kautz,Burnsville,Co-chair change too, but the need for change can be difficult for `Susan no"ov—��vuuou� �*� mn Jcmn --~ unoLaw,u many toaccept. Development projects pr plans that Chris Coleman,Saint Paul 'Holly Dahl,Lakeville are proposad with the intent of serving a greater William Droste,Rosemount municipal and/or regional good can bmcontroversial Randy Gilbert,Long Lake—m Furlong, -----i . and often are opposed by residents. As a result, cities "°"bi=""°«°"`="el"Mary Hamann-Roland,Apple Valley struggle through bitter mnd divisive decision-making Bill Hargis,Woodbury processes. Stan Harpstead,Arden m Jack n Prior Lax Mary Hershberger Thun,Victoria Jef"Jmmm^.Saint Louis Park Our three organizations have teamed up with the goal Dean Johnston,Lake Elmo om/om m� n", 'eooew/m of developing a practice that, over t/rnm, will create a Steve Lampl,Brooklyn culture around problem-solving for the common good Steve Larson,New Brighton Peter Lindstrom,Falcon Heights and enlightened self-interest: 1\ enabling olt|as to Mike wa u/= Eagan SandyMartin,'oo / move forward /n meeting changing needs; and 2\ with Rob Marty, |.M"=�ViewNick Excelsior less acrimony and cost. The importance of this project Tom Ryan,Blainehas been recognized by the Lincoln Land Institute, R.T. Rybak,Minneapolis Mark otenenao".Maple Grove which has selected it for funding. The results of this John Sweeney,Maple Plain Gene vmno��i.Bloomington project will therefore be pub1iaUed and shared nmtvouno'Eden Prairie not|onn||\/. The project proposal is attached (please nI s9t'at,omu'#nO klinnm^pulh�,.Mwss4uz 952.474.2177 note that it is written using the funders' language and terms). As noted in the proposal, discussion groups of ten to twelve residents will be convened in three cities of varying size, degree of development, and political values. Residents will be selected for their knowledge of a recently completed controversial development. An actual, recent development project will be used as the basis of discussion for three reasons: 1) so that residents have an experiential base from which to share their views (which yields far more useful information than a theoretical discussion); 2) because evidence will exist for exploring the actual versus perceived costs and benefits; 3) to eliminate any motives that may derive from influencing the outcome of a current development decision. The lessons from each group will be compared to identify common themes and findings. Lessons from individual cities will be shared privately with those cities. We hope that your city will participate. Participating cities will be expected to: 1. Recruit participants by telephone (the Citizens league will assist and prepare all materials) and arrange for a suitable location for meetings. 2. Participate in pre-meeting survey (anonymously). 3. Provide information as requested about the development and/or citizen involvement process. 4. City staff may choose to attend the citizen meetings, but will participate only if specific questions arise. 5. Participate in a debriefing with all three cities to discuss lessons and next steps. Just one note: The Citizens League conducted a similar project on property taxes. In the process, a notable, sometimes quite remarkable, improvement in citizens' attitudes toward county government occurred. The Citizens League believes that respectful meaningful processes are fundamental to improving trust in government. We believe your time will be very well spent. If you would like to participate, please contact Caren Dewar at 612.759.10.16 or caren.dewar@uli.org. If you have questions, please contact Stacy Becker at 651.646.5.288. Thanks for your consideration. We hope to get going right after the holidays. 51ricerely, � .•ZWO rn Caren Dewar Cc: Sean Kershaw, Executive Director, Citizens League Elizabeth Ryan, Family Housing Fund Stacy Becker, Project Director LINCOLN INSTITUTE OF LAND POLICY TOWARD A CITIZENS LEXICON AND PROTOCOL FOR UNDERSTANDING DEVELOPMENT COSTS AND BENEFITS Economic and community development decisions are among the most contentious of those made by local public officials. Costs and benefits fall unevenly. Equally important for decision-making, the perceived distribution of costs and benefits varies considerably— from City Hall, to immediate neighbors, to regional interests, developers, end users and advocates. The lack of a commonly understood set of costs and benefits often results in divisive and protracted battles as perceived interests clash. Moving to a "race to the top" strategy from a "race to the bottom" strategy may be intended to change the quality and nature of investments, but if improved decision-making processes do not accompany it, the strategy may not succeed. Development and redevelopment decisions are wrapped in the esoteric rules of diverse fields such as finance, transportation, housing, education, and land use planning. As such, the complex rationale behind any given set of development decisions is nearly impossible for the average citizen to understand. What citizens do understand is that their investment in their homes (which in many ways is the.full expression of their values and aspirations— their self-identity, status, property rights, community, their biggest financial asset) could be impacted. Local officials often cite "residents" as a key barrier to development decisions; their solution is to "educate" residents. The typical development process includes neither a shared understanding of costs and benefits nor a protocol through which they can be explored. The processes themselves may give rise to NIMBYism. This research project will produce findings that can be used to develop a citizens' lexicon of costs and benefits as well as a protocol for,exploring them. The methodology for developing the lexicon and protocol will build on one tested by the Citizens League in its highly successful Property Tax Facts project. (See wvvw.Drooertytaxfacts.mn.) Local officials in Minnesota have struggled for years to explain the complicated property tax system to citizens. In a survey (with a 96% response rate), the Citizens League discovered that citizens overwhelmingly want to better understand the benefits of their taxes—the costs were clear but the benefits were not. Instead of assuming what taxpayers should know, the project asked participants what they wanted to know. Turning the question "inside out" yielded important information about how to communicate a very complicated subject matter. Evaluations showed that participants learned a great deal. Moreover, attitudes changed, in some cases from hostility toward their county government to support. Based on the participants' input, a web-based information tool for school referenda was created. It was well received and well used (5,000 hits in one week; 85% of respondents said they learned some or a lot, and 54% said it influenced their vote). A more extensive web tool, for use by cities, counties and school districts, is now being developed. This proposed research project will employ a similar methodology to answer the following questions: • To what degree are residents' actions and views driven by self-interest? Lack of information? .Different sources of information? Distrust of the process or"official" information? Broader neighborhood concerns? • Which interests do residents identify in development projects, and what are those interests? Whose interests do they believe are the strongest and/or most impacted? Whose interests do they believe should have the greatest importance in decision- making? Whose interests are best served? Where do these interests overlap? Conflict? What factors do residents most identify with on a broader community scale—where do the self and common interests most intersect? • What information or process would better lead to outcomes identified with the common good? To obtain this information, discussion groups of ten to twelve residents will be convened in three cities of varying size, degree of development, and political values. Residents will be selected for their knowledge of a recently completed controversial development. An actual, recent development project will be used as the basis of discussion for three reasons: 1) so that residents have an experiential base from which to share their views (which yields far more useful information than a theoretical discussion); 2) because evidence will exist for exploring the actual versus perceived costs and benefits; 3) to eliminate any motives that may derive from influencing the outcome of a current development decision. The lessons from each group will be compared to identify common themes and findings that can form the basis for a lexicon of costs and benefits and a protocol for building a shared understanding of them with residents. The Citizens League will conduct the project, in partnership with the individual cities, the Regional Council of Mayors formed under the Twin Cities' District Council of the Urban Land Institute, and the Family Housing Fund. The Citizens League provides an asset critical to the success of this project: credibility. It is a nonpartisan organization with no vested interest in the outcome other than improving citizen involvement processes. The Twin Cities makes an excellent testing ground for this project. As one of the few regions with tax-base sharing and strong metropolitan governance, it has long been viewed as a region that has been able to act on a common basis. Yet it is a highly fragmented region of more than 200 cities (in the seven-county metropolitan area alone, with scores more in the broader thirteen-county MSA). At a recent Citizen League's regional policy conference, leaders from across the region expressed their top priority as building a new more proactive citizenship grounded in a regional identity. Race to the top strategies will inevitably require some degree of regional cooperation. It is hard to imagine that the greatest net benefit would be produced by executing these strategies solely within the confines of hundreds of individual cities. In the absence of regionally understood benefits of acting in common, important investments such as those envisioned in a race to the top are less likely to be made. City Council Date:2/17/2009 REGUJAR Item: ITEM: Conditional job offer to Brittnie Cunnien, Jason Sinclair, Tom Steinman and Andrea Friedrich. SUBMITTED BY: Greg Malmquist, Fire Chief REVIEWED BY: Craig Dawson, City Administrator Tom Bouthilet, HR/Finance Director SUMMARY AND ACTION REQUESTED: The city council is being asked to offer conditional job offers to Brittnie Cunnien, Jason Sinclair, Tom Steinman and Andrea Friedrich for firefighters in the department contingent on their passing physicals. They have met the requirements to this point(background check, attended three meetings, ability test and interview process). Upon successful completion of the physical they shall be placed on probation status with the fire department. This brings the number of probationary firefighters to 7; there are currently 23 firefighters (3 of which are probationary)on the department. This will bring us to 27 (7 of which are on Probation). We are allowed 32. Compensation is$7.04/call for probationary firefighters. RECOMMENDATION : Chief Malmquist recommends approval of the conditional job offers. SUGGESTED MOTION FOR CONSIDERATION Motion to make conditional job offer to Brittnie Cunnien, Jason Sinclair, Tom Steinman and Andrea Friedrich pending the outcome of their department physical and each will be placed on probationary status with the fire department if his physical is passed. ORDER OF BUSINESS: • Introduction Craig Dawson, City Administrator • Report and introductions Greg Malmquist, Fire Chief • Questions to presenter Mayor and Councilmembers • Questions/comments from the Public, if any (up to 3 minutes) Mayor facilitates • Call for a motion Mayor and Councilmembers • Discussion Mayor and Councilmembers • Action City Council City Council Date: 2/17/09 Agenda Item: ITEM: Extend a Deadline for the Removal of Vehicles from 5699 Keats Avenue REQUESTED BY: Rod Sessing, Appellant SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Craig Dawson, City Administrator SUMMARY AND ACTION REQUESTED: On November 18, 2008, the Board of Appeals heard testimony and considered facts surrounding a series of nonconformities on the property at 5699 Keats Avenue. After deliberation, the Board approved five motions to require abatement of all identified non-conformities. Two nonconformities—the parking of trailers and removal of inoperable vehicles—were to be addressed by 12/18/08. The remainder of the issues were to be addressed by June 30, 2009. As of the deadline, the parking of trailers in front of the garage had ceased. However, deep snow and the relatively inaccessible location of the inoperable vehicles make their removal extremely difficult during the winter months. In recognition of this difficulty, the property owner emailed the City Attorney on 12/15/08 and stated that the vehicles would be removed, but the work couldn't be completed until May 151', 2009 due to snow conditions and subsequent spring thaw. Due to miscommunication between the two parties, the appellant's request has not been brought forward for consideration by the Council until this time. RECOMMENDATION: Staff finds this request to be reasonable, and we are recommending that Council provide the requested extension. ORIGINAL MOTION: Council Member Johnson made a motion that the three (3) vehicles being openly stored at 5699 Keats Avenue which are unlicensed and/or inoperable are in violation of City Code Sections 150.001, 150.003, 154.095(b) and 96.03, Subd. 11(a); and that all three vehicles should be removed from the property or be brought into conformance with code by 12118108 (30-days). Council Member Park seconded the motion. Mayor Johnston and Council Members Johnson, Park and Smith voted in favor of the motion and Council Member DeLapp voted against. Approval of this appeal would officially amend the above motion to extend the deadline for conformance regarding the vehicles to May 15, 2009. If Council denies the appeal, the City could begin to prosecute this matter through the court system. Please note that staff is already set to conduct spring inspections to monitor progress on the mitigation of other outdoor storage issues. This change, if approved, will not result in additional staff time expenditures. Ben Gozola City of Lake Elmo, 2-10-09 As I emailed Jerry Filla last year stating that I was unable to remove or move the two vehicles last fall due to early snow in December, I also stated that I would have them removed, moved and screened or stored inside by approx. May 15"' 2009. 1 will be able to have this done by May 15th 2009 1 would also like you to please send me the screening code for Rural Residential property so that I can screen what is needed to be screened for some of the deadlines the end of June. Thanks Rod Sessing City Council Date: Feb. 17, 2009 Consent Item: 9 Motion ITEM: 1-94 Corridor Joint Powers Agreement SUBMITTED BY: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: The City Council reviewed the draft joint powers agreement (JPA) for this proposed commission at its February 10, 2009, work session. The regional railroad authorities of Washington County and Ramsey County have asked for any comments on the draft JPA and an indication of the City's intent to participate in the Commission by February 13 (or as close to that date as possible). In its discussion, the Council believed it was in the City's interest to participate, and did not have further comments on the proposed terms in the draft JPA. The Council should take formal action to state its plan to participate in the Commission. BACKGROUND: The background for this item is summarized in the one-page staff memorandum for the February 10 work session (attached). RECOMMENDATION: Staff recommends that the Council relate its intent to participate in the I- 94 Corridor Commission to the Washington County Regional Railroad Authority. SUGGESTED MOTION FOR CONSIDERATION Move that the City Council state its intent to participate in the 1-94 Corridor Commission, and to be a party to the joint powers agreement to establish the Commission. ATTACHMENTS: Staff memorandum for February 10 work session Draft of 1-94 Corridor Commission joint powers agreement (JPA) Ism1CITY OF LAKE ELMO I ' L l 651/777-5510 3500 Laverne Avenue North / Lake Elmo, MN 55042 MEMORANDUM TO: City Council FROM: Craig W. Dawson, Interim City Administrator DATE: February 5,2009 SUBJECT: 1-94 Corridor Joint Powers Agreement(Work Session Item #4) Background: Efforts by numerous parties, primarily with the lead taken by Washington and Ramsey counties,resulted in the designation of 1-94 as a transitway corridor in the Metropolitan Council's 2030 Transportation Policy Plan. The specific form of transit--light rail transit(LRT), busway,bus rapid transit(BRT),or commuter.rail—is not identified in the plan, but rather all of these forms of transit and others will be considered. Purpose: To get started on the planning process, the Washington County Regional Railroad Authority and the Ramsey County Regional Railroad Authority have drafted a joint powers agreement (JPA)to create the 1-94 Corridor Commission. The Commission would be the forum.for "collaborative planning of multi-modal.transportation improvements along the Corridor and for the related land use and development impacts." Those invited to be parties to the JPA are the regional railroad authorities,the eight cities, and the one township along the Corridor from the Union Depot in Saint Paul to the Saint Croix River. In speaking with Washington County staff,the Commission will be formed of the regional railroad authorities and of those municipalities that wish to join. It is not necessary for all of the municipalities along the corridor to become members in order for the Commission to be established. Highlights of the JPA : The JPA is straightforward and the obligations of the municipalities are relatively few. There will be two types of members: Financial Parties (the two regional railroad authorities), and Non-financial Parties (all of the member cities/township). The financial parties shall each have two votes,and each non-financial party shall have one vote on the Joint Powers Board, The non-financial parties would have no financial obligations unless the JPA is amended, and any amendment needs unanimous approval by the parties (both financial and non-financial). As drafted, all actions of the Commission's Board requiring the expenditure of funds would need a simple majority of the members and the unanimous vote of the financial members. Essentially,the only obligation of any municipality is to invest the time to participate in the Commission's activities. Discussion by Council: The regional railroad authorities have asked for comments on the draft JPA and an indication of the city's intent to participate by February 13. Given the late date we received this communication,the first date that the City Council can take any formal action is February 17. This item will be placed on the agenda for the Council's February 17 meeting. %wit printed on recycled paper Washington 4^ RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY bounty Poean•vn January 22,2009 RECEIVED Mayor Dean Johnston I City of Lake Elmo 3800 Laverne Avenue N. �a� �g Lake Elmo, MN 55042 I-94 Corridor Joint Powers Agreement OF LAKE ELMO Dear Mayor Johnston: On January 14, 2009,the Metropolitan Council adopted its 2030 Transportation Policy Plan. This plan identifies the need to have a more balanced transportation system that includes the completion of multiple transitway corridors. One of the corridors identified for fixture analysis is the 1-94 Corridor. This Corridor is identified as a possible light rail,bus rapid transit,or commuter rail corridor to be determined pending the completion of an Alternatives Analysis for the Corridor. The Regional Railroad Authorities of Ramsey and Washington County have anticipated the adoption of this plan and have met to discuss ways to advance transportation improvements in the 1-94 Corridor from the Union Depot in downtown St. Paul east through Washington County. With the endorsement of their Boards,a draft joint powers agreement (JPA)was developed to formalize the 1-94 Corridor Commission. A copy of the draft agreement is being distributed to each eligible party for their review. Following the receipt of comments on the draft JPA,a meeting will be organized to finalize the JPA. Following this meeting,all eligible parties will be requested to adopt the JPA. As a Regional Railroad Authority, city,or township along the I-94 Corridor we request that you review and comment on this Draft Joint Powers Agreement (JPA). Establishment of a JPA is one of the initial steps necessary to position the I-94 Corridor for the receipt of federal and state funds. As drafted, this JPA will provide its members.with the opportunity to join together and speak with-one voice on issues concerning Corridor advocacy and analysis. Additionally,this JPA will be a significant step forward in allowing an Alternatives Analysis to be completed on the 1-94 Corridor. The timely organization of the I-94 Corridor Commission,created by the establishment of this JPA, is of added significance given the upcoming legislative session and the drafting of the next federal six-year transportation bill. Because of these opportunities to advance the Corridor,we ask that you provide an indication on whether or not your Regional Railroad Authority,City, or Township is interested in becoming a party to the JPA along with any comments you have on the agreement by February 13, 2009. Please provide this information to Michael Rogers of the Ramsey County Regional Railroad Authority,or Ted Schoenecker of Washington County. Their contact information is included at the end of this letter. Ramsey County Regional Rail Authority Washington County Regional Railroad Authority 6560 Ramsey County Government Center West 11660 Myeron.Road North 50 West Kellogg Boulevard• St. Paul,MN 55102 Stillwater,MN 55082 (651) 266-2760.FAX(651)266-2761 (651)430-4300• FAX(651)430-4350 Page 2 of 2 1-94 JPA Letter january22,2009 Following the receipt of comments,a meeting will be organized to bring together all those interested in adopting the Joint Powers Agreement(JPA). At this meeting the JPA will be finalized al ng--'" fi rm la so it can be distributed for approval. T aid th it timely review of this Joint Powers Agreement,staff from the Ramsey an Washington County Re ional Railroad Authorities will be available to assist you. We look fo ` ard; on 'nixing to w rk with you to advance transit and transportation options along the I- 9 Corri' 1� i If ou ve any t'.h ns, r would like the assistance of either of our staff please contact Michael .__ F Rogers,�gn10T Transp' a 'on Planner Ramsey County Regional Railroad Authority at 651-266- 2773,michael.rogersOco.ramse y�inn.us, or Ted Schoenecker,Washington County Transportation Manager at 651430-4319, ted.schoenecker@co.washi.ngton.mn.us. Sincerely, Ajim'McDonough Myra Peterson Chair,Ramsey County RRA Chair;Washington County RRA Enc. c: Craig Dawson, Lake Elmo City Administrator Julie Kleinschmidt,Ramsey County Administrator Jim Schug,Washington County Administrator ,Tim Mayasich, Director, Ramsey County RRA Don Theisen,Director Washington County Public Works/County Engineer Mike Rogers,Senior Transportation Planner, RCRRA Ted Schoenecker, Transportation Manager,Washington County JOINT POWERS AGREEMENT ESTABLISHING THE INTERSTATE 94 CORRIDOR COMMISSION. THIS AGREEMENT, is entered into by and between the undersigned Regional Railroad Authorities, Cities, and Townships all being governmental units of the State of Minnesota, pursuant to the authority contained the Minn.Statutes§§471.59 and 398A. WITNESSETH WHEREAS,the-Interstate 94.Corridor is defined as the transitWay;corridor originating at the Union Depot in downtown St. Paul and traveling east thr.:oug. Wa firngton County with connections to other multi--modal transportation options,and. WHEREAS,the Interstate 94 Corridor has significantt,'ranisportatiorisafety,and land use issues; and cif.• •'il^ .t•,.J. WHEREAS; there are opportunities for a variety`of multi-modal transportation improvements to the Interstate 94 Corridor; including light rail sit, bus rapid transit,commuter rail, multi-use trails,and Intelligent Transportation Systems [1T5), and WHEREAS:; the parties wish to collab"o.akively plan for mil`ti?modal transportation improvements to the Interstate 94 Corridor and for the re]ated,land use and development impacts.; and WHEREAS, the Interstate 94 Corridor Commissioxtf f intends td ;work collaboratively with the 1, I Y .• J Minnesota Department o •Transportationl`and the..Nletropolitaxi C"o,uncil for the planning and development of light,e it fr' At;:'bus rapid trainsrtrfC'dmmuter rail, multi-use trails, and Intelligent Transportation Systems'(I.TS)in thb:Interstate 9,4 Corridor. NOW; THEREFORE, in c:on Weratioi%;;of..the mutual: promises and covenants herein, the parties hereto agre-&d,as fbtlows. is �'•J.I ''e k• �f I °� f- •' Jar I �'� '✓1.1. 7.: J+:h w -•'.�I.. ARTICUE'1` .. `{ DEFINITIONS Unless conte"A66therwise requires the terms;defined in this section shall have the meanings stated herein: : Agreement.means tlii5 pint Pow. ;fts Agreement as it now exists and as it may hereafter be amended. Comm.rssiore (I-94>Corridor Commission) shall mean the Joint Powers body established herein. Par- . shall mean any Regional Railroad Authority, City or Township identified in Article 6 of this Agreement as eligible to participate in this Agreement and which approve and executes this Agreement. Financial-Party shall mean any financially contributing Regional Railroad Authority Interstate 94 Ct-941- Corridor shall be defined as the Interstate 94- transportation corridor originating at the Union Depot in downtown St,Paul and traveling east through Washington County. X:9hared-Area11-94 Corridor JPAU-94 JPA 1-8 09 Member shall mean an individual appointed to the Commission as provided in Article 4 of this Agreement, ARTICLE 2. PURPOSE The purpose of this Agreement is to form a joint powers board under the provision of Minnesota Statutes Section 471.59 and 398.A to enable the parties to cooperatively analyze the feasibility, environmental impacts, engineering,and construction of multi-modal transportation improvements in the I-94 Corridor including light rail transit,bus;.rapid transit, commuter rail, multi-use trails, and Intelligent Transportation Systems (ITS) a1'oJ1g'w1th the associated land use and development impacts. These activities may include but'A8" fie limited to the acquisition and management of federal,state,and local funding in conjunctrnnW.1th the Minnesota Department of Transportation and the Metropolitan Council, and may p'OpKdlrrn atiyjxesponsibilities delegated by the Commissioner of Transportation or Metropalitaauncil Chair'subject to the conditions that sufficient funds are received. ' ryA✓ y. ',,Af �l,�h�il✓ I '1fr Y. The Parties will communicate and coordinate the"0.,nmission sractivities as necessary with private corporations,state agencies, counties,municipalities;the Federa ransztAdrninzstration, other the a r �J�, a S�rti regulatory,planning,and funding ages es, and other stakelf id'--rs for advancemeni=.ofthc � 'rib "�a�{.�.rC Commission's purposes, The method of accomplishing the purpos%of this Agreement ift', b establishment of a.Joint Powers Board to provide a mechanism whereby t 'rPartaes jointly✓addre�sthe need for enhanced rail transportation along the Cpr �doz� � J arr 9 rr �4 f J.' � rv✓�'"�R ARTICLE 3, 'S TERM This Agreemeff shall be and the joint powers board established herein may commence exercising the powers and�atitliorizedrin'this Agreement on the day that the Agreerrienehas been approved by resolution andyef�ly executed by the Ramsey County Regional Railroadf utharity and the _gshingt6ii,Uunty Regional Railroad Authority by action of its governingho�ard. This Agreement shallamain in full force and effect until terminated by the parties pursuan to Article 10 Ut e Agreeine'nt ARTICLE 4. '% XOINT POWERS BOARD A. There is hereby create' a Joint Powers Board as a public entity,to be known as the I-94 Corridor Commission.`"The Commission shall bean entity separate from its member Parties and shall not be deemed an agent or partner of the member Parties and the member Parties shall not be liable for the actions of the Commission. The Commission shall have full authority to exercise all powers stated herein. B. The Commission shall consist of one Member and one alternate appointed by a Party for an initial term commencing with the execution of this Agreement until January 15, 2010. Each Member or alternate must be a member of the governing body, commission, or council which appoints him or her,and must remain so during his or her term. i x:SliaredAreali-94 Corridor IPA11-94 JPA I-9-09 21 C. Thereafter,each Member and alternate shall be appointed for one-year terms,beginning January 15,by resolution of the governing body,commission,or council. In the event that any Member or alternate shall not have been appointed by January 15 in any year,the incumbent Member shall serve until a successor has been appointed. Removal of any Member or alternate during.the term for which the.Member has been appointed may be done.at any time,but shall be done only by resolution of the appointing governing body, commission,or council. ARTICLES VOTING Board voting shall be allocated so that each Financial Party recba:7es±two (2)votes and each Party that is not a,Financial Party receives one (1)vote. r��•inn.'.:-.r.. ::i'�:'^ A. In the event that the appointed Member is not.present at tho';Meeting,their alternate may cast all of their Party's allocated votes. B. All actions of the Board require the foilo�+i+ g: a. A simple majority vote of the Board b. A simple majority vote of the Financi al'Membe; s�p>resent >' C. All actions of the Board involvzng;the,expenditure of funds require the following in addition to those items listed in Article a. A unanimous vote of the EinancialaVernbers -' r ,f,rr r r A simple majority is define d`as 'more than fi Lypercen 50�10),of the Parry members present at a meeting: ARTICLE MEMBERSHIP. The goue`r'ninent units ilia are eligible for participatio"iiln this Commission upon adoption of this agreement by resolution grid duly executed.by tl e"Iiq''respective governmental units on or before DecembR1 2009 include;' A. FinanUM"T,artie5 a. Ramsey County Regional.Railroad Authority b. Wash Agton Coul t ;Regional Railroad Authority B. Non-financial Parties- a. City of St.Paul' b. City of Maplewood c. City of Landfall d. City of Oakdale e. City of Woodbury f. City of Lake Elmo g. City of Afton h. City of Lakeland i. Town of West Lakeland 3 KShared AreaV-94 Corridor JPA11-94IPA 1-8-09 C. An entity identified in this Article 6 which does not elect to become a Party by December 31, 2009,may become a Party only by amendment to this Agreement pursuant to Article 11 hereof. D. Additional Parties may become members of the Commission by amendment to the Agreement pursuant to Article 11 hereof, E. Following the initial term,Commission membership terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year, or until a successor is appointed. �Jr ARTICLE 7 ,rr "` POWERS OF COMMISSION The Commission has such authority as is necessary�ang pr r to make all decisions to carry out its purpose as described in Article 2. Such powers sllaJljbe subject to the provisions of Minn. Stat. § 471.59 and 398.A ac will include,butrnbt,be limited to, any or all of the following powers to the extent proy ded by law or not of '60-'Wise limited by this Agreement. "''�� _ r; f A. Adopt an annual budget, tc ether with a stafeih'AT of the sources of'funding and an estimate of the amounts requi `ec7'of each Einari`cz ,Party. B. Enter into transactions, includm contl'acts.gr leases,required in furtherance of this Agreement and spar u'tor ma actions to the extent available in e' i f or�tlaw. The ddhtracti�ng'andYptirchasing requirements of one �,-;;� xr,. �'•,, %';S as party designated by the COmmissio s iall apply heretio. The Commission may approve any cbh :'act relating to this Agreement up to the amount approved in the annual laudget, and may autjioize the Chair of the Commission to execute those .},.rir fK{,e' ✓ ,�ia+�"t a 4r X } M f -Ktti• n✓ J'S Jv.,•�_ �h. ,!µ��W - 4tiF�'rYA J��%r� C. Tf%e,Commission shall have;`the power ta'adopt such by-laws and any amendments th=6t it may deem necessary or,desirable for the conduct of its business. Such by- laws W911 be consistent:with this,"Agreement and any applicable laws or regulations. The by-7'av"'S may pr0vid ,for the appointment of ex officio, non-voting members to the Board by,the Commission. The by-laws shall be effective only if approved by unanimous vote pf alhF i ancial Parties. D. Apply for and accept gifts,grants,loans of money, other property, or assistance on behalf ofthe contracting parties from the United States government, the State of Minnesota, or any person, corporation, partnership, association, or agency public or private for any of its purposes. Including any grant which may be available,enter into any agreement in connection therewith, and hold,use and dispose of such money, other property, and assistance in accordance with the terms of the gifts, grants, or loans relating thereto. 41 X'.SBarod Areal1-94 Corridor XAIJ-94 JPA 1-9-09 E. Acquire and:hold such real and personal property as may be required to accomplish the purposes of this Agreement and,upon termination of this Agreement,make distribution of such.property as is provided for in this-Agreement. F. Employ agents and:employees, and to fix the compensation and all other terms and conditions of employment thereof. G. Incur debts,liabilities, or obligations which do not constitute a debt of any of the Parties. The Joint Powers Board.does not have authority to incur debts,liabilities, or obligations which constitute a debt of any of the Parties. H. Enter into agreements and non-binding memora:ft" understanding between the Commission and the United States government fi"&State of Minnesota, or any person, corporation, partnership, associa�of ;°o`r age'n y public or private in accordance with applicable law. 1. Sue and be sued in its own name. `" ✓'.�^ All powers granted herein shall be exercised by the'Cormission in accordance with the legal requirements applicable to the'regional railroad authorities. r `' ARTICLE 8. `..•,;,f:::OFFJCERS EMPLOYEES, AND SERVICES A. Chair and- The Comm iss ion shall,elect a Chair and,yzc =Chair from its membership at its first regular.meet ng,each year,.:The Chaii`arid' Chair shall be elected by the Commission from its merribership for a'%kin of one (1) year. The Chair shall preside at all>�'xneetings of the Cd missior ,nay establish such subcommittees as maybe needed'from:':ti'me to dine and shall'pei forix '`bther duties and functions as maybe 'determined by thOXomm s'sion. The Vice Chair shall assume the duties of the Chair during the absence Ahe Chair and perform such other duties as may be det6j,i-Jned by the Commission �If both the Chair and Vice-Chair are absent,the Commission may el ect`'a:temporary Chair to conduct its business, provided a quorum is�p.iresent. B. five Committer-;r The Commission still establish an Executive Committee of the Commission consisting of the representative of each Financial Member. The Executive.Committee shall develop and make recommendations to the Commission regarding the ongoing responsibilities of the Commission,and shall have such other duties as set forth in the Commission's by-laws. C. Staff Any Party may provide staff support to the Commission subject to the approval of the Commission. X:Sh=d Area1I-94 CorridorJPA1I-94 JPA M-09 D. Vacancies If an appointment of any Commission member or alternate is vacated before the end of his or her term,the vacancy shall be filled by appointment by the appropriate.Party. Vacancies shall be filled within thirty(30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the conditions specified in Minn.Stat.§351.02 exist. E. Meetings - The Commission shall meet at regular intervals at such times and places as the Commission shall establish in its by-laws. Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the Commission may determine and that conform to the Minnesota Open Meeting Law, M 6h, Stat.§ 131). S;Jr r.r" ,,;�.;iy:•fJ„tax F. Committees t+ ;ffi , The Commission may establish standing comma e .of tf .;Commission by providing for �'66 6' "d,C such committees by resolution.The Chair may.establish ad':;bc committees of the Commission. � ARTICLE 9. '' ? `' FUNDING jg,v 'njr, f� J,tJ�r., It is understood by the Parties that the. activities and , uti �of`the Commission axe to be funded primarily by grant monies from the ffimfe. $tates Government, the State of Minnesota or any other r ,�.n association or agency. Nevertheless,tTicFinaci.al Parties agire:e to contribute funding, if necessary, for the feasibility, environmental imp cts, engipQering, and,;�construction of a multi-modal transportation improvement in the I 94,: orridor^including light rail transit, bus rapid transit, commuter rail multi-use 'tirails and Inteflirt ent Trans .6rtationf"SJf stems ITS aloe with the r . 1 � g P Y '[ ) g associated land use and development impacts andrninistf'a�ive,expenses of the Commission [to the extent not covered;;by. grant fi id's,). The Cbft aribtiting Financial Parties will establish an initial '. �.dl-. .lrJ�F budget and allocate as follows any r'ecessary initia'Pcontributions; J��'Y'Sin .:C-6UntyRegiohalPRail oadAuthority f „`, 50% 'sWashingCoYl..Countyft'Iona,l Rdilroad Authority ry f +J�J d4, Each Contributing Financial party sha1lf;pay its appropriate initial contribution to the regional railroad aut rarity acting as fise;l agent ol','.tkie,Commission within sixty(60) days of the Commission approving a bi a;"'et :. A. Annual Bind`` For the calen ar;yganme t following the calendar year in which the Effective Date occurs and all sub'sNuent years,the Commission shall establish and approve a budget. Each Financial Member shall be assessed for its proportionate share of the budget according to the schedule established above. The Commission shall establish its first budget within sixty (60) days of the commencement of the Commission. B. Financial Members' Budget Appro3 al Adoption of the budget shall require unanimous approval of the Financial Parties, X:Shared Area11.94 Corridor JPAU-94 JPA 1-8-09 C. Contribution Date Except for any initial contribution required by this Agreement, assessments made under the provisions of this article shall be paid by each Financial Party by January 15 of each year. The initial contribution shall be made within sixty(60) days of the adoption of the budget pursuant to Article 7(A) hereof. D. Budgeting Accounting,Fiscal Agent,and Other Services The Commission may contract with any Party to provide contract management,legal review, and budgeting and accounting services necessary,,or convenient for the Commission and otherwise act as the Commission's fiscal agent. Sup�' vices shall include,but not be limited to,management of all funds,including contrJWdRs,and grant monies,payment for contracted services,and relevant bookkeeping and-',reco`rd..keeping. The contracting and purchasing requirements of the Party so selected shall ap�ly;to transactions of the Commissions. Such Party shall identify the s�affperson to Wdfk,as liaison with the Commission. s"' E. Accountability for Funds All funds shall be accounted for according to generally,acceptablWaccounting principles. A report on all r,,ggpipts and disEiuN6 6hts shall be forwai:.ded to the Commission on an annual b §1'9.;The Parties hav&"the authority to request reports pertaining to any and all budget ng:and accounting services. All interest earned from established Commission funds sT altbe credited back to that same fund. ARTICLE 10. W)CTHDRA'I!lrAL AND TERMINATION A. Withdrawal: Any Party may wiilidraw from this Agreement upon 90-days prior written notice e�ziiecetl' y resolutioh;of tie Pazy's governingbody to the Commission. In the 4.fit of with rdwal by-'any Party, this;agreement shall remain in full force and effect as to all rd'dining Patties. B.Effect ' Withdrawal. ositionyof-Froper%Funds.and Obligations A Party Witbdrawing frorri' his Agreement shall,prior to such withdrawal,pay the full amount of'ariymunpaid assessments to the Commission as defined in Article 9. A Party withdrawing.from thzs Agreement shall not receive a distribution of property or funds until such time as this Agreement is terminated by all Parties pursuant to this Article 10. Such disposition of prop"eiaty.shall be in accordance with the provisions of Section D of this Article 10. Any Party withdrawing shall be liable for any assessment in the year in which the withdrawal becomes final only for the period in such year that the Party remains a party. The Party''s assessment shall not exceed the sum of one-twelfth (1/12th) the full assessment multiplied by the number of months or fractions thereof in the year during which the party remains.a party. C. Termination This Agreement shall terminate upon the occurrence of any one of the following events: 7 X:Shared AreaV-94 Corridor JPAU•94 JPA I-8-09 a. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or b. When all of the Financial Parties agree,by resolution adopted by the respective governing bodies,to.terminate this Agreement and all obligations of the Commission shall have been paid or otherwise defeased in full. D. Disposition of Property and Fund At such time as this Agreement is terminated,any property interest remaining in the Commission,following discharge of all obligations owe 3 y;the Commission shall be disposed of and the proceeds of the property shall Ue.re tied to the Parties in proportion Id to their contribution. .'y'X E. Effect of Withdrawal of Financial Parr un; Budget ;fir �.^ In the event a Financial Party with draw~;;,,tlie unpaid as , allocable to such member in the year of withdrawal xsubse uent years si alhbe reallocated to the remaining Financial Party. ARTICLE 11. MISCELLANEOUS VJ Y rI A. Amendments This Agreement may be amended by�unanimou�s�agreezrient of the Parties as evidenced by resolutions adopted bythe respective governing bodies B. Records.AcA s.and Reports The Commission;shall establish and mai"n"' ri sucb funds and accounts as may be required by good accounting.practice$t,,The books ab#,yecords of the Commission shall be subject to Vw theprbpi rpns of Minn St � h 13';the Minnesota GovernmentData Practices Act,and 1! � n..Stat'§I6G Q5,su6d�µ5 The Coxnnss�on;; tiithin one hundred twenty (1 20) days after tlii'e close of each fiscal year,�4hich sha1 6.January 1 to December 31, shall give a complete writ f i ten report of all ancial'a tivities for such fiscal year to the Parties. C. Counterrparts 'wr , `' �•r This AgMeent may be executed in two or more counterparts,each of which shall be deemed an'6f ginal,but all of which shall constitute one and the same instrument. D. Severabilit The provisions of't s Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. E. Entire Agreement This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements relating to the Commission. 81 XShared Area1I-94 corridor JPAU-94 JFA 1-8-09 ^ 4 F. Alternative Dispute Resolution In the event of a dispute arising under this Agreement,.the Parties and the Commission agree to attempt to resolve their dispute by following the process described below: a. A Party shall provide written notice to the Commission describing perceived- conflict, positions, and underlying reasons. b. The Commission shall provide written response to notice within seven(7) days of receipt of notice. c. The Parties shall meet within 14 days of rece'pt of response with a neutral facilitator. The neutral facilitator will be: 'representative from the Minnesota Office of Dispute Resolution."..osts of such facilitator shall be shared equally by all parties to the dispute. d. At the first meeting,the neutral fac ilitator will assist the Parties in identifying partici the appropriate Parties and pants in the disput6i"irbsolution process, their concerns, a meeting agenda'>and design.for any sub§Quent meetings. The Parties shall agree on a pro ces's far re. `olving the probl;6:that would involve additional ite0tiations, mediation,'or arbitration. e In developing the process, the:'parties will be,guided by the following principles 4 r i:; the Parties will attempt�n'good faith to reach a negotiated settlement; ii. th Parties agree that therb.must be fair representation of the parties direcfily�rivolved in the dispute; iii, the Parttes: vill use legal proceedings as a last resort; and iv. in the event the'Parties are unable to resolve the dispute, each Party retains all'rights, remedies, or defenses it had prior to entering the process. f. The paff es,.wil,Vre"port to the Commission within 60-days of their first meeting on;tle'resolution of the dispute or a recommendation to commence legal proceedings. G. Minnesota Laws Govern The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Ramsey, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Q X;Sliared Area1I-94 Corridor JPAU-94 PA 1.9-09 ,r T agreement is invalid, illegal, or unenforceable the remaining provisions will not be affected. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the date written below. fJ;M.M!'d ' - 'rye�j:•(,✓ if d ti "fir M / M Y �A :i rp '✓:h rg �f� ✓ r�,J.', J,ff •M✓d '�i JA 'rr �:� ,r��d;, r��4 ✓ �!�!�6 ;i�xn -.tX, ' } ✓ �✓�✓ I i i I - i ! X:Shared AreaV-94 Corridor JPA1I-94 JPA S•8-09 i to Ransitways i Complete i Construction/ Final Design I Prelim. Engineering . 1 Develop as ERT I Busway BRT I Commuler Rail .;r h I r Develop as Arterial Street BRT � ems• 1:35 I Express Bus Corridors I t with Transit Advantages J TH36/NEB I1I.._.. _._. _E. —.._ ....,.. ._.,. .,...I.-• : . bY� � z R 1 , I��;y -; ,� I-94E 9Q/Ammn Blad / I 1" I 44 1 Miles j _�: 0 2.5 1r- �''" € 5 �OlJan 009 r©polfkaR Council 203o TRANSPORTATION Policy Plan �A ed �opo t&n Coundl tuMmart' of Transitway Recommendations viable in the future, based upon the analysis described above, this plan assumes implementation of a second commuter rail line in its cost Complete, In Construction, Final Design or Preliminary estimates between 2020 and 2030. Engineering Corridor Status. Six transitway corridors, Hiawatha LRT, 1-35W BRT, CedarAvenue BRT, 1-394 HOT Lane, Northstar Commuter Rail and Central LRT are Southwest:Alternatives Analysis completed and Draft EIS for complete, in construction, final design or preliminary engineering_ three LRT.options underway Develop as LRT/Busway/BRT/Commuter Rail Bottineau Boulevard:Alternatives Analysis underway Eight corridors, Southwest, Bottineau, 1-35W North, Central Ave/TH65/ Rush Line:Alternatives Analysis underway BNSF, Rush Line, TH361NE, 1-94 East, and Red Rock corridors should 1-35W N, Central Ave1TH65BNSF, TH36/NE and 1-94 East: continue in development and are recommended as potential transitways Preferred mode and alignment to be determined through alterna- tives 2030_ analyses over the next three years Planning and development studies, conducted and funded in Red Rock:Alternatives Analysis completed recommending a cooperation with county regional railroad authorities and Mn/DOT, will phased approach with commuter rail implemented if high speed determine the specific alignment, mode and schedule for each corridor. rail is developed in the corridor. The cost estimates in this plan allow for the following transitways to be Develop as Arterial Street BRT Corridors implemented: Nine arterial corridors are recommended as potential BRT facilities. In Three corridors will be built as LRT or dedicated busways, some of those corridors, BRT implementation could be a precursor to one to be completed by 2020, one begun before 2020 and future rail improvements. This plan's cost estimates assume that six cor- completed soon after, and a third completed by 2030; ridors are to be implemented by 2020 and three additional corridors by Four BRT corridors will be built on highway alignments, two will 2030: be built by 2020 and two additional BRT corridors on highway Central Avenue Nicollet Avenue Robert Street alignment will be built by 2030; and Snelling Avenue/ One additional commuter rail corridor will be built by 2030. Ford Pkwy Chicago Avenue west 7th street Based upon current data, no commuter rail line other than the Northstar West Broadway East 7th Street American Boulevard corridor appears to generate enough ridership to justify this kind of large Express Bus Corridors with Transit Advantages capital investment. However, this assumption should be reexamined in 2010, using actual Northstar ridership data to evaluate the accuracy Various corridors of current ridership projections and to modify the ridership model, if lntermodal Hubs warranted. In addition, progress in potential high speed or passenger The implementation of a network of transitways converging on the two rail connections to Chicago and Duluth could significantly reduce the downtowns will require the development of intermodal facilities where capital cost of the Red Flock and Bethel-Cambridge commuter rail lines passengers can make connections between lines. This plan identifies and, coupled with possible higher ridership projections, improve their the St. Paul Union Depot and the Minneapolis lntermodal Station as cost/effectiveness. Because other commuter rail corridors may become those two intermodal hubs" M110-1 aWEgd0di[?030 TRANSPORTATION Policy Plan , metropolitan cm�off City Council Date: 2/17/08 REGULAR Item: g MOTION ITEM: Planning Commission 2009 Work Plan REQUESTED BY: Planning Department v SUBMITTED BY: Kyle Klatt, Director of Planning �L REVIEWED BY: Craig Dawson, Interim City Administrator Kelli Matzek, City Planner SUMMARY AND ACTION REQUESTED: The City Council is being asked to review and accept the Planning Commission's annual workplan that the Commission has prepared for 2009. The Council is asked to review the plan and comment on it so that the Planning Commission and Council are communicating about priorities at the start of the year. The primary intent of the work plan is to help prioritize the projects the Planning Commission will be reviewing in the next several months, and to also help keep the Commission informed about the internal planning related activities and projects that will be undertaken by the staff over the coming year. This is a working document that provides guidance to the Commission yet has the flexibility to respond to priorities as they emerge. It will also help the Commission gauge its progress at achieving some of its goals for the year. The plan has been drafted in a format similar to the one used during the previous year. RECOMMENDATION: The recommendation is to review and adopt the Planning Commission 2009 workplan. SUGGESTED MOTION FOR CONSIDERATION Move to accept the 2009 Planning Commission Workplan. ORDER OF BUSINESS: Introduction.......................................................... Craig Dawson, Interim City Administrator Report.......................................................................................Kyle Klatt, Planning Director Questions to the presenter.......................................................Mayor and Councilmembers Questions from the public............................................................................Mayor facilitates Call for a motion for discussion................................................Mayor and Councilmembers Discussion........................................................... ....................Mayor and Councilmembers Action................................................................... ..............................................City Council ATTACHMENTS: (2009 Work Plan) 2009 Planning Commission Work Plan - DRAFT Prepared by the Lake Elmo Planning Department— 1/12/09; Revised 2/12109 Status: C — Complete IP — In Progress Date: Completion Goals (with Monthly Range) Admin: Staff Projects/Initiatives PL: Priority Level (from 1 to 5 with 1 being the highest priority) Project and Description Date PL Status (Months) ZONING INITIATIVES Wireless Telecommunications Ordinance • Select consultant to provide technical assistance with 0-3 1 IP ordinance revisions • Revise ordinance based on objectives and work plan adopted 3-6 1 by the City Council • Rescind tower construction moratorium 6-9 2 Zoning Map Updates • Review of past zoning approvals, incorporate all approved 3-6 2 map amendments • Prepare new version of official Zoning Map using most recent 3-6 2 County GIS data • Update Zoning Map to improve consistency with the 9-12 3 Comprehensive Plan and Future Land Use Map • Establish proper zoning designation for recently annexed 9-12 4 Buberl property Conditional Use Permit Ordinance • Update current regulations to establish specific criteria for 6-9 3 different conditionally permitted uses • Establish tracking system for all existing conditional uses 3-6 3 IP Sign Ordinance Revisions • Major update to sign code, incorporating previous agricultural 0-3 2 IP and temporary sign updates Zoning Amendments • Review Outdoor Lighting Ordinance to establish appropriate 6-9 3 levels of lighting for various uses • Final Council action concerning requirements for accessory 0-3 2 buildings and setbacks Engineering Standards Manual • Finalize development manual describing the City's 0-3 2 IP engineering standards for private and public projects Home Occupation Ordinance • Research status and effectiveness of current ordinance 6-9 3 • Draft updated ordinance to address appropriate home 9-12 4 occupation standards for different areas in the community. Permit Tracking • Establish system for tracking interim uses 9-12 5 • Establish system for tracking non-conforming uses 9-12 5 Zoning Ordinance Review • Prepare outline of previous work and major areas of 0-3 2 agreement • Incorporate updates where appropriate as part of Village Area 6-15 3 and South 10 h Street zoning changes • Incorporate formatting, organization, and smaller 6-15 3 amendments into future zoning ordinance updates PLANNING INITIATIVES Village Area Planning • Village Area AUAR o Complete review of Preliminary AUAR 0-3 1 IP o Draft and adopt Final AUAR 0-3 1 • Conduct work session with City Council to discuss future 3-6 1 planning within Village Area • Prepare amendment to Comprehensive Plan based on 6-12 1 selected development scenario from AUAR • Adopt amendments to the Zoning Ordinance responsive to 12+ 1 the AUAR mitigation plan and Comprehensive Plan South 10th Street Area • Review Comprehensive Plan and holding zones for South 9-12+ 2 10th Street Area for consistency with Village Area updates Comprehensive Plan Updates • Monitor individual projects for compliance with the 0-12 3 Comprehensive Plan - • Incorporate major system elements into plan, including water, 5/29/09 1 IP surface water and transportation Capital Improvement Plan • Planning Commission review of Capital Improvement Plan for 0-3 2 consistency with the Comprehensive Plan Storm Water Management • Integrate a Surface Water Management Plan as part of the 3-6 1 IP Comprehensive Plan consistent with State Statutes and the local watershed district plans • Develop an surface water ordinance consistent with the 6-9 2 IP adopted plan • Bring Lake Elmo into compliance with NPDES requirements 6-9 2 IP and MS4 status ADMINISTRATIVE INITIATIVES Building Division (Admin) • Finalize job description for Building Official; seek applicants 3-6 2 IP to fill vacant position. • Review internal permit approval process 6-9 3 Permit Tracking Software • Select and implement tracking and reporting software for 0-3 2 IP planning application, building permits, and code enforcement activity. Development Review Process (Admin) • Document system for review and processing of development 6-9 3 IP applications Code Enforcement (Admin) Improve consistency and reporting for code violations and 6-12 3 IP follow-up activities Conduct workshop with the City Council to discuss code 0-3 1 enforcement policy Agency Support (Admin) Adopt final flood insurance rate maps from FEMA, update 9-12 2 Flood Protection Ordinance • Review Census Bureau mapping updates, respond to other 6-9 2 requests in advance of 2010 census CDBG Cimarron Gas Line Project • Assist project consultant with administration and 3-6 3 IP implementation of grant project MnDOT Highway Landscaping Grant • Provide staff assistance with Highway 5 landscaping project 6-9 3 IP City Council Date: Feb. 17, 2009 REGULAR Item: at Motion ITEM: 2009-2013 Street Capital Improvement Program (CIP); Authorization To Proceed on the 2009 Street Improvements Feasibility Report SUBMITTED BY: Craig W. Dawson, Interim City Administrator REVIEWED BY: Jack Griffin, City Engineer Ryan Stempski, Assistant City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The City Council has reviewed the proposed 2009- 2013 Street Capital Improvement Program (CIP), beginning at its January 20 meeting and again at its February 10 work session. At its work session, Council indicated concurrence with the projects scheduled for 2009, and that it agreed that the engineering feasibility study should be commenced so that valuable time is not lost for this construction season. Council and staff reviewed financing alternatives, and there will be discussions at near-future meeting(s) of the Council regarding special assessment practices. At this point the Council should approve the 2009-2013 Street CIP thus giving the scope of projects to be authorized in the 2009 Street Improvements feasibility report that will be prepared by TKDA. The feasibility report can not be finalized until the Council indicates the method of financing, including whether and to what extent special assessments may be used. Authorizing a feasibility report is a required part of the statutory process for capital improvements, and must be completed before the City Council can take action to order an improvement. As an alternative, if the Council chose to pursue capital improvement bond financing (with less than 20 percent of revenues from special assessments), State law requires that the projects identified must be in the City's CIP. Approval of the proposed 2009-20013 Street CIP would satisfy that requirement. As a CIP is a physical and financial planning document, it can be amended at any time. BACKGROUND: The City Council has received reports from TKDA and Ehlers and Associates, Inc., relating to need, projected costs, and financing options. TKDA has estimated the cost to prepare the feasibility report for the 2009 street projects to be $9,800. RECOMMENDATION: Staff recommends that the Council approve the 2009-2013 Street Capital Improvement Program, and authorize TKDA to prepare the feasibility report for the 2009 street improvements in the estimated amount of$9,800. SUGGESTED MOTION FOR CONSIDERATION.' Move to approve the 2009-2013 Street Capital Improvement Program, and authorize TKDA to prepare the feasibility report for the 2009 street improvements in the estimated amount of$9,800. 1 ATTACHMENTS: • Memo from Jack Griffin, City Engineer, for January 20 Council meeting • Proposed 2009-2013 Street Capital Improvement Program (including map) • Calendar of Improvement Project Process for 2009 ORDER OF BUSINESS: • Introduction Craig Dawson, Interim City Admr • Report by staff or other presenter Jack Griffin, City Engineer • Questions from City Council members to the presenter facilitated by Mayor • Questions/comments from the public to the city council facilitated by Mayor • Action on motion i City Council Date: January 20, 2009 REGULAR Item: q, Motion ITEM: Review Financing Options for the Street Capital Improvement Program (CIP) and Authorization to Proceed on the 2009 Street Improvements Feasibility Report SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Craig Dawson, Interim City Administrator Ryan Stempski, Assistant City Engineer Tom Bouthilet, Finance Director SUMMARY AND ACTION REQUESTED: The city council is being asked to receive options for financing the Street Capital Improvement Program. The council may then be asked to authorize TKDA to proceed with the 2009 Street Improvements Feasibility Report. The City Engineer will introduce the 5-year street CIP and detail the street improvement process. A breakdown of the local street program and the Municipal State Aid System (MSAS)will be provided. Ehlers and Associates, Inc, will provide financing options to fund the street program. This will include revenue sources and projected city tax impacts. Due to the schedule for the 2009 Street Improvements, staff will be recommending proceeding with the feasibility report if the program is to begin in the 2009 construction season. BACKGROUND: The Street Capital Improvement Plan historically performed timely improvements to the city's street network, This program included street reconstruction, reclaiming, overlays, sealcoating, and crack sealing, The last project was completed in 2006. Streets that have been identified for improvements have been delayed for 2 years. We recommend that the program be resumed in 2009 and continued in the future to cost-effectively maintain the street network. RECOMMENDATION: Initially, staff is looking for direction from council to re-establish the Street Capital Improvement Program. If directed to proceed, our financial consultant recommends a financing option with a special assessment interest rate that is 2% higher than the related debt interest rate, project costs to be 25%funded by special assessments, and a debt service with 15 year terms. Furthermore, if the program is to begin in 2009, we recommend that the City Council authorize TKDA to complete the 2009 Street Improvements Feasibility Report. SUGGESTED MOTION FOR CONSIDERATION Move to adopt a Street Capital Improvement Plan financing option as recommended by Ehlers and Associates, Inc. Move to authorize TKDA to complete the 2009 Street Improvements Feasibility Report in the estimated amount of$9,800. ATTACHMENTS: 1. 5-Year Street Capital Improvement Plan Map ORDER OF BUSINESS: • Introduction Craig Dawson, Interim City Administrator • Report by staff or other presenter Jack Griffin, City Engineer Jon North, Ehlers &Associates • Questions from city council members to the presenter Mayor and council members • Questions/comments from the public to the city council Mayor facilitates (a maximum of three minutes per questionlstatement) • Action on motion City Council 2009-2013 STREET CAPITAL IMPROVEMENT PLAN CITY OF LAKE ELMO, MINNESOTA •TOTAL PROJECT COSTS BASED ON$17.50 PER SQUARE YARD COST ASSUMES RECLAIM WITH BITUMINOUS C&B REPLACEMENT INCLUDES 10%CONTINGENCY INCLUDES 25%LEGAL FISCAL,AND ENGINEERING *`TOTAL PROJECT COSTS FOR STREET SEGMENTS IN ITALICS-BASED ON AN INDEPENDENT,ESTIMATE PROJECT YEAR 2009 Last Major Pavement Area(Square Estimated Total Project Street Segment From/To Paving Work OCI Index Yards) Costs(2008) 21 STREET N MANNINAG AVE TO CUL-DE-SAC 1985 48.65 2,697.87 $ 48,000 3RD STREET PL N LAKE ELMO AVE(CSAH 17)TO CUL-DE-SAC 1990 49.10 6,492.10 $ 114,000 LEGION AVE N 30TH ST N TO SOUTH END 1998 60.90 3,478.21 $ 61,000 LEGION LN CIR N LEGION LANE TO CUL-DE-SAC 1978 46.75 1,473.70 $ 26,000 LEGION LN CT N LEGION LANE TO CUL-DE-SAC 1997 47.55 1,183.53 $ 21,000 LEG ON LN N LEGION LANE COURT TO LEGION AVE 1997 40.31 2,976.67 $ 53,000 LEGION LN N LEGION LANE COURT TO LEGION LANE CIRCLE 1997 45.67 520.10 $ 10,000 LEGION LN N LEGION AVE N TO LISBON AVE N 1997 47.55 1,928.T9 $ 34,000 LEGION LN N LISBON AVE TO LEGION LANE CIRCLE 1997 62.16 4,076.67 $ 72,000 LISBON AVE N LEGION LANE TO CUL-DE-SAG 1 1997 1 48.31 1 2,286.80 1 $ 41,000 CITY STREETS RECLAIM SUB-TOTAL $ 480,000 2009 CRACKSEAL&SEALCOAT $ 125,000 2009 TOTAL ESTIMATED CIP PROJECT COSTS $ 605,000 PROJECT YEAR 2010 : ,.. ...... ..... _._ . .. ... ..:_ _. Last Major Pavement Area(Square Estimated Total Project Street Segment From/To Paving Work OCl Index Yards) Costs(2008) 26TH STREET N(RECONSTRUCT) WEST END TO JAMLEYTO EAST END - 00 GRAVEL 4,125.44 $ 140,0 57TH ST N 55TH ST TO JULEP WAY 1992 78.13 4,469.06 $ 79,000 53RD ST N EAST SIDE OF FOXFIRE ADDITION TO KEATS AVE N 1999 60.84 10,893.13 $ 141,000 ISLE AVE N JAMACA AVE N TO SOUTH END 1968 49.89 6,137.66 $ 108,000 JANE RD N JAMACA AVE N TO WEST END 1080 38.69 2,490.53 $ 44,000 CITY STREETS RECLAIM AND RECONSTRUCT SUB-TOTAL $ 512,000 2010 CRACKSEAL&SEALCOAT $ 125,000 JAMACA AVENUE-ROUNDABOUT MSAS JAMACA CT TO TN 6 1992 1 66.62 1 MSAS TOTAL $ 230,000 2010 TOTAL ESTIMATED CIP PROJECT COSTS $ 867,0D0 2009-2013 STREET CAPITAL IMPROVEMENT PLAN CITY OF LAKE ELMO, MINNESOTA TOTAL PROJECT COSTS BASED ON$17.50 PER SQUARE YARD COST ASSUMES RECLAIM WITH BITUMINOUS C&B REPLACEMENT INCLUDES 10%CONTINGENCY INCLUDES 25%LEGAL FISCAL,AND ENGINEERING TOTAL PROJECT COSTS FOR STREET SEGMENTS IN ITALICS-BASED ON AN INDEPENDENT ESTIMATE PROJECT YEAR 2011 m . ....... . .._... . . . ....... Last Major Pavement Area(Square Estimated Total Project Street Segment From/To Paving Work OCI Index Yards) Costs(2008) KIRKWOOD AVENUE(RECONSTRUCT) 50TH STREET TO NORTH END - GRAVEL 5,697.33 $ 240,000 LAVERNE AVE N 11TH ST N TO 12TH ST N 1987 64.05 1,973.33 $ 35,000 LAVERNE AVE N CSAH 10(10TH ST N)TO 11TH ST N 1987 64.05 1,173.33 $ 21,000 LAYTON AVE N CSAH 10(10TH ST N)TO 12TH ST N 1984 51.9 3,445-94 $ 61,000 LEEWARD AVE N CSAH 10(1 DTH ST N)TO 12TH ST N 1984 52.82 3,768.51 $ 66,000 11TH ST N LAVERNE AVE WEST TO CUL-DE-SAC 1987 55.61 1,834.15 $ 33,000 12TH ST N LAYTON AVE TO LEEWARD AVE 1987 52.31 1,073.46 $ 19,000 12TH ST N LAVERNE AVE TO LAYTON AVE N 1987 62.95 3,199.10 $ 56,000 12TH ST N WEST CUL-DE-SAC TO LAVERNE AVE 1987 64.22 1,978.35 $ 35,000 101H STREET CT N CSAH 10(10TH ST)TO CUL-DE-SAC 1 1985 1 69.53 1 2,652.52 $ 47,000 CITY STREETS RECLAIM SUB-TOTAL $ 613,000 2011 CRACKSEAL&SEALCOAT $ 125,000 KEATSAVENUE(MSAS) 47TH ST TO TH 36 19831 62.12 1 MSAS TOTAL $ 375,000 2011 TOTAL ESTIMATED CIP PROJECT COSTS $ 1.113.000 PROJECT YEAR 2012 . Last Major Pavement Area(Square Estimated Total Project Street Segment FromlTo Paving Work OCI Index Yards) Costs(2008) MANNING AVENUE(RECONSTRUCT) TH 36 TO LINDEN AVENUE 51.90 3,64&83 $ 75,000 53RD ST N DEMONTREVILLE TRAIL N TO CUL-DE-SAC 1999 49.1 1,944.07 $ 35,000 HYTRAIL AVE N HIGHLANDS TRAIL N TO 59TH ST N 1999 71.09 5,101.96 $ 90,000 59TH ST N HIGHLANDS TRAIL N TO HYTRAIL AVE 1980 47.67 7,121.81 $ 125,000 59TH ST N HIGHLANDS TRAIL N TO EAST END CUL-DE-SAC 1980 71.25 3,644.72 $ 63,000 HIGHLANDS TRL N DEMONTREVILLE TRAIL N TO HYTRAIL N 1993 82.33 1,941.29 $ 34,000 HIGHLANDS TRL N HIGHLANDS COURT N TO HYTRAIL N 1993 6T72 4,708.23 $ 83,000 HIGHLANDS TRL N 59TH ST N TO HIGHLANDS COURT N 1993 68.98 3,540.42 $ 62,000 HIGHLANDS TRL N MN TH 36 TO 59TH ST N 1993 53.94 1,639.40 $ 29,000 HIGHLANDS CT N HIGHLANDS TRAIL N TO CUL-DE-SAC 1993 73.44 3,399.90 $ 60,000 DEMONTREVILLE TRAIL CIR N DEMONTREVILLE TRAIL PLACE TO CUL-DE-SAC 1989 63.02 1,936.02 $ 34.000 DEMONTREVILLE TRAIL CIR N DEMONTREVILLE TO DEMONTREVILLE TRAIL PLACE 1989 83.79 1,078.57 $ 19,000 DEMONTREVILLE TRAIL PL N DEMONTREVILLE TRAIL,CT TO CUL-DE-SAC 1 1989 1 74.4 1,232-73 $ 22,000 CITY STREETS RECLAIM SUB-TOTAL $ 731,000 2012 CRACKSEAL&SEALCOAT $ 125,000 50TH/KIMBR0 AVENUE(MSAS) 47TH ST TO CSAH 17 1 GRAVEL MSAS TOTAL $ 915,000 2012 TOTAL ESTIMATED CIP PROJECT COSTS $ 1,771,000 2009-2013 STREET CAPITAL IMPROVEMENT PLAN CITY OF LAKE ELMO, MINNESOTA "TOTAL PROJECT COSTS BASED ON$17.50 PER SQUARE YARD COST ASSUMES RECLAIM WITH BITUMINOUS C&B REPLACEMENT INCLUDES 10%CONTINGENCY INCLUDES 25%LEGAL FISCAL,AND ENGINEERING *•TOTAL PROJECT COSTS FOR STREET SEGMENTS IN ITALICS-BASED ON AN INDEPENDENT ESTIMATE PROJECT YEAR 2013 Last Major Pavement Area Square Estimated Total Project Street Segment From/To Paving Work OCI Index Yards) Costs(2008) KELVIN AVE N NEW SUBDIVISION ROAD TO STILLWATER LANE 1980 50.2 2,129.68 $ 38,000 KELVIN AVE N MN TH 5(STILLWATER BLVD)TO STILLWATER LANE N 1980 59.11 931.49 $ 17,000 37TH ST N JAMACA AVE TO IRWIN AVE 1988 70.52 3,171.39 $ 56,000 36TH ST N JAMACA AVE TO IRW IN AVE 1988 6D.1 3,170.75 $ 56,000 38TH ST N CSAH 13(IDEAL AVE)TO INNSDALE AVE N 1989 67.44 5,203.71 $ 92,000 39TH ST N CSAH 13(IDEAL AVE)TO INNSDALE AVE N 1989 73.67 5,255.95 $ 92,000 INNSDALE AVE N 39TH ST TO 38TH ST N 1984 58.16 1,266.92 $ 23,000 DEER POND TRL N HIDDEN BAY TRAIL TO DEER POND COURT 1993 58.72 752.97 $ 14,000 DEER POND TRL N DEER POND COURT TO JACK PINE TRAIL 1993 71.26 2,024.69 $ 36,000 DEER POND CT N DEER POND TRAIL TO SOUTH END 1993 72.01 2,173.92 $ 39,000 CITY STREETS RECLAIM SUB-TOTAL $ 463,000 2013 CRACKSEAL&SEALCOAT $ 125,000 20TH ST/MANNING TRL(MSAS) CSAH 17 TO MANNING AVENUE 1989 57.31 MSAS TOTAL $ 520,000 2013 TOTAL ESTIMATED CIP PROJECT COSTS $ 11108,000 �^ r4 � F-F City o Gr ? 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NR4MER UDSGN �t I LIXE ' 1 � 1 hV05GN BLVD nVoE✓,N NLVD T• 0 01 of Woodbu�yf (:zty of 5-YEAR STREET CAPITAL IMPROVEMENT PLAN �� IMPROVEMENT YEAR SEALCOAT YEAR OF city Hall ft Parcels 3800 L--Avenue N LAKE — 2009 151101 2009 651 7T75510 —.lakeelme.erg FAlleS ELMO Subdivisions 2010 11111, 2010 Public Works Building 3J/5 kleY Ave N 651233.5414 City Parks 2011 o a s w o o 2011 ' Fire Stations �■,,,,,,,., Golf Course 2012 ■ Lake Elmo Regional Map Date:January 2009 2012 „;o,,,,..2 4 -593'_eAvNi Park Reserve can»-xrxz Pk Office Created By 2013 110131 2013 Schools "1140A368 Lakes TKDA ENGINEERS•AP1GHn E;IS•PLANNERS CITY OF LAKE ELMO 2009 STREET IMPROVEMENTS TKDA PROJECT NO. PROPOSED PROJECT SCHEDULE February 17, 2009 Council orders TKDA to prepare a Feasibility Report for project area. March 17, 2009 Presentation of Feasibility Reports for project area. Council passes resolution receiving Report and calling for Hearing on Improvements to be held on April 7, March, 2009 Resident workshop meetings held to review preliminary Report findings. April 7, 2009 Public Improvement Hearings for project area. Council passes resolution ordering Improvement and preparation of Plans. June 2, 2009 Presentation of Plans and Specifications to the City Council for all project areas. Council approves Plans and Specifications and orders Advertisement for Bids. June 5, 2009 Placement of Advertisement for Bids — Oakdale - Lake Elmo Review. Publication date of June 10 and June 17. June 8, 2009 Placement of Advertisement for Bids - Construction Bulletin. Publication date of June 16 and June 23. July 6, 2009 Receive Contractor bids/review and award recommendation. Prepare preliminary assessment roll. July 7, 2009 City Council accepts bids and awards Contract. July 10, 2009 Process and send out Contract Documents. July 27, 2009 Receipt of Contractor's Bonds/Legal Review and Issue Notice to Proceed. July 30, 2009 Conduct Pre-construction Meeting. August 3, 2009 Contractor begins work. June, 2010 Final Completion Sept./Oct., 2010 Final assessment hearing. City Council Date: Feb. 17, 2009 REGULAR Item: 10. Motion ITEM: Selection Process for City Attorney SUBMITTED BY: Craig W. Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: The City has issued a Request for Proposals (RFP)for City Attorney (civil) legal services. The RFPs were sent to approximately 10 firms, and another five or so requested the RFP. Responses were due at the end of the business day of Friday, February 13. As of this writing (3:00 p.m. Thursday, February 12), three firms have submitted proposals; undoubtedly, several others will come in by the deadline. The proposed schedule for the selection process allots time through March 6 to review proposals and identify firms to interview during the week of March 9. Adhering to this schedule makes it possible to appoint the City Attorney on March 17. The whole Council will participate in the interviews of the firms selected. As I have asked councilmembers for their ideas on the process for selecting the firms to invite to interview, the general theme was to wait-and-see in terms of how many proposals were submitted. If the number were relatively few, it may be appropriate to invite all of the proposers to interview. If the number were relatively large, then a different process could be identified. This might include some type of ranking of proposals individually by councilmembers, with some number of top-scoring firms to be invited to interview; perhaps two councilmembers working with the city administrator to identify the firms to interview; or something else that may be deemed appropriate. This item will require discussion and some decision about how to proceed. Additional information as it may be available or developed will be provided to the Council at the Council meeting. ORDER OF BUSINESS: • Introduction & report by staff Craig Dawson • Questions from City Council members to the presenter facilitated by Mayor • Questions/comments from the public to the City Council facilitated by Mayor • Action on motion City Council Date: 2/17/09 Regular` Item: " ITEM: Set Date to Consider Formal Publication of Final Village AUAR REQUESTED BY: Planning Department V SUBMITTED BY: Kyle Klatt, Planning Director � REVIEWED BY: Craig Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: The City Council is being asked to set a date to consider authorizing publication of the Lake Elmo Village Area Final AUAR. This action follows the earlier workshop presentation and discussion concerning the comments received after publication of the Draft AUAR document. The complete version of the Final AUAR was provided to Council members on a CD-ROM with the other workshop materials. Under the time requirements spelled out under State Statutes, the Council could adopt the final AUAR as early as its April 7th, 2009 meeting if the document is distributed in early March. RECOMMENDATION Staff recommends that the City Council consider formal distribution of the Final AUAR in accordance with the State's Environmental Rules at its March 3, 2009 meeting. ATTACHMENTS: 1. See AUAR Workshop Materials 1 City Council Date: 2/17/09 Regular Item: ITEM: Wireless Communications Tower Ordinance Update SUBMITTED BY: Kyle Klatt, Planning Director ttu REVIEWED BY: Craig Dawson, Interim City Administrator SUMMARY AND ACTION REQUESTED: Staff has received a large number of inquiries and questions from consultants regarding the City's wireless communications tower ordinance moratorium and associated ordinance update project, and has identified a few additional potential firms because of these conversations. The Planning Department has also made contact with most of the firms on the previous consultant list and would like to continue further investigation of the new firms that have been identified. To date, staff's initial conversations with the various consulting firms have helped provide focus for the assistance being sought. At this point additional time is needed to complete the review of potential consultants and to finalize the outline of specific services being requested. The Planning Department is otherwise on schedule to conduct an initial discussion regarding a new tower ordinance with the Planning Commission in early March and to hold a public open house at the end of March. The goal at this time is to have a consultant on board after the March P Council Meeting and prior to the open house. RECOMMENDATION: No action is necessary at this time. Staff will be providing future updates to the Council as needed.