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Home My WebLink About20081105CCPCity of Lake Elmo 3800 Laverne Avenue North WEDNESDAY, November 5, 2008 (November 4, 2008 was the General Election) 7:00 p.m, A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE: C. ATTENDANCE: Johnston DeLapp Johnson 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 Cit-y 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. October 21, 2008 H. PUBLIC COMMENTS/INQUIRIES: In order to be sure that anyone wishing to speak to the City Council is treated the same way, meeting attendees wishing to address the City Council on any items NOT on the regular agenda may speak for up to three minutes. CONSENT AGENDA: (Items are placed on the consent agenda by city staff and the Mayor because they are not anticipated to generate discussion. Items may be removed at City Council's request.) 2. Approve payment of disbursements and payroll 3. Approve and agreement for Community Development Block Grant Funds with Washington County for continuing the Cimarron gas line replacement project 4. Approve a request to establish a hearing date before the Board of Adjustment of Appeals for Mr. and Mrs. Sessing of 5699 Keats Avenue . REGULAR AGENDA: 5. Adopt resolution no. 2008-050 canvassing the returns and declaring the winners of the 2008 local elections 6. Consider approving minor modifications to the accessory structure ordnance based upon planning commission recommendations; Resolution no 2008-049, Ordinance no. 08-010 K. REPORTS AND ANNOUNCEMENTS: Mayor and Council members Administrator UPCOMING DATES OF NOTE: November 11 — Veteran's Day -No City Council workshop November 13 — Washington County Open House on lIwy 36 and Lake Elmo Avenue (17), 4-7 p.m. Rockpoint Church December 1 — Hearing on budget December 2 — Cancel City Council meeting (tentative) December 9 — Adopt budget at City Council workshop M. Adjourn City of Lake Elmo City Council Minutes October 21, 2008 Mayor Johnston called the meeting to order at 7:00 p.m. Present: Mayor Johnston and Council Members DeLapp, Johnson, Park and Smith Also present: Planning Director Klatt, City Attorney Filla, Project Assistant Kriegler, Finance Director Bouthilet and City Clerk Lumby. APPROVAL OF AGENDA: MOTION: Council Member Johnson moved to approve the October 21, 2008 agenda as presented. Council Member Park seconded the motion, The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The minutes of October 7, 2008 were approved by cosensus, PUBLIC CO 'TS/INQUIRIES: Ann-O Suckow, Lake Elmo Jaycees community development VP 2008 (1945 Polaris Place, North St.P aul), updated the council on future Halloween events. Susan Dunn, 11-0I8 Upper 33rd Street N., pointed out an error in an article in the Stillwater Gazette, written by Andrew Wallmeyer, in regard to Mayor Dean Johnston being a retired 3M Company executive, but she expressed the belief he was 38 years old when he left 3M. CONSENT AGENDA: MOTION: Council Member DeLapp moved to approve the consent agenda. Council Member Johnson seconded the motion. The motion passed unanimously. Approval of disbursements in the amount of $325,581.28 LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2008 REGULAR AGENDA: Consider approval of a conservation easement to the Minnesota Land Trust for Sunfish Lake Park and authorize the Park Commission to develop a park concept plan for Area 2 of Sunfish Lake Park. Project Assistant Carol Kriegler reported that the park commission was requesting the City Council approve 1) a conservation easement (256 acres) to the Minnesota Land Trust for Sunfish Lake Park including that expenditure of $10,000 to the Land 'Trust for this transaction. The intent of the conservation easement over Sunfish Lake Park is to ensure its permanency as a natural area to be enjoyed by citizens into perpetuity by preserving and protecting it through an easement to the Land Trust. David Steele, Parks Commission Chair, explained the commission has been working on this since 2006 and considers its work on this conservation easement to be some of the most important work the commission has done. He said the commission hasn't worked out all of the specifics of their plan for the park but expects to have them ready for council approval by fall of 2009, Sarah Strommen, central region conservation director with the Minnesota Land Trust, said Lake Elmo is adhering with the feel of the rural character of its community by approving the conservation easement. The Land Trust wants to provide opportunities for low impact recreation and nature observation in contrast to some of the more active recreation that other parks provide. Park cornmission member Rolf Larson, 11720 Little Bluestem Ct. and Jim Blackford, 9765 451I1St. N., spoke in support of adopting the conservation easement. The city attorney and Minnesota Land Trust attorney are authorized to edit the easement document for grammar, miscellaneous corrections and incidental language changes. MOTION; Council Member Johnson moved to approve Resolution No, 08-048, approving a conservation easement with the Minnesota Land Trust for Sunfish Lake Park with latitude for incidental attorney edits and the expenditure of $10,000 from the park fund to the ,Minnesota Land Trust fbr its execution. Council Member Smith seconded the motion. The motion passed unanimously. REPORTS: Mayor Johnston participated in the Green Growth meeting and suggested as a workshop topic incorporating green growth in plans for the old village The meeting was adjourned at 8:00 p.m. LAKE ELMO CITY COUNCIL MINUTES OCTOBER 21, 2008 Respectfully submitted by Sharon Lumby, City Clerk, LAKE ELMO CITY COUNCIL MLNUTES OCTOBER 21, 2008 City Council Date: 11/05/2008 CONSENT Item: 2 ITEM: Approve disbursements in the amount of $225,367.22 SUBMITTED BY: Tom Bouthilet, Finance Director Claim # ACH ACH DD1881-DD1895 33352-33353 33354-33360 33361-33403 Amount $ 10,012.74 $ 1,655.68 $ 24,283.14 $ 12,946.65 $ 8,443,11 $168,025.90 Total: $ 225,367.22 Description Payroll Taxes to IRS Payroll Taxes to Mn Dept. of Revenue Payroll Dated 10/23/2008 (Direct Deposit) Accounts Payable Dated 10/21/2008 Payroll Dated 10/23/2008 (Payroll & Benefits) Accounts Payable Dated 11/05/2008 SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve disbursements in the amount of $ 225,367.22 Accounts Payable Checks for Approval User: Administrator Printed: 10/30/2008 - 3:07 PM Check Number Check Date Fund Name Account Name Vendor Name Amount 33352 10/20/2008 Escrow Fund Deposits Payable J.P. Bush Homes, Inc. 6,450.00 Check Total: 6,450.00 33353 10/21/2008 Water Water Utility City of Oakdale 12,786.52 Check Total: 12.786.52 Report Total: 19,236.52 AP - Checks for Approval (10/30/2008 - 3:07 PM ) Page 1 Accounts Payable Checks for Approval User: Administrator Printed: 10/30/2008 - 302 PM Check Number Check Date Fund Name Account Name Vendor Name Amount 33361 11/05/2008 General Fund Repairs/Maint Contractual Eqpt Alex Air Apparatus, Inc 610.00 Check Total: 610.00 33362 11/05/2008 General Fund Contract Services Animal Control Services 961.76 Check Total: 961.76 33363 11/05/2008 General Fund Repairs/Maint Contractual Bldg Aramark 37.89 33363 11/05/2008 General Fund Repairs/Maint Contractual Bldg Aramark 21.85 33363 11/05/2008 General Fund Unifonns Aramark 34.47 33363 11/05/2008 General Fund Uniforms Aramark 35.06 33363 11/05/2008 General Fund Repairs/Maint Contractual Bldg Aramark 55.37 Check Total: 184.64 33364 11/05/2008 General Fund Equipment Parts Aspen Equipment Co. 13,10 Check Total: 13.10 33365 11/05/2008 Capital Aquisitions Other Equipment Emergency Automotive Technology Inc. 101.44 Check Total: 101.44 33366 11/05/2008 General Fund Repairs/Maint Contractual Bldg Batteries Plus Woodbury 168.24 Check Total: 168.24 33367 11/05/2008 Village Contract Services Bonestroo 18.161.76 33367 11/05/2008 General Fund Contract Services Boncstroo 1,610.98 AP - Checks for Approval (10/30/2008 - 3:02 PM ) Page 1 Check Number Check Date Fund Name 33368 11/05/2008 General Fund 33368 11/05/2008 General Fund Account Name Vendor Name Street Maintenance Materials Landscaping Materials Check Total: Amount 19,772.74 Bryan Rock Products, Inc. 560.89 Bryan Rock Products, Inc. 566.02 33369 11/05/2008 General Fund Repairs/Maint Contractual Eqpt Car Quest Auto Parts 33370 11/05/2008 Water Water Utility City of Oakdale 33371 11/05/2008 General Fund Software Support City of Roseville 33372 11/05/2008 Park Dedication Other Park Ded Prof Services Design Forum 33373 11/05/2008 General Fund Clean-up Days First State Tire Recycling 33374 11/05/2008 General Fund Assessing Services FXL, Inc. 33375 11/05/2008 Water Small Tools & Minor Equipment HSBC Business Solutions 33376 11/0512008 General Fund Repairs/Maint Contractual Eqpt Interstate All Battery Ctr 33376 11/0572008 General Fund Use Tax Payable Interstate All Battery Ctr 33377 11/05/2008 General Fund Fire State Aid Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: Check Total: 1,126.91 26.07 26.07 12,786.52 12,786.52 1,380.83 1,380.83 1,200.00 1,200,00 102.20 102.20 2,000.00 2,000.00 47.13 47.13 20.10 -1.23 Check Total: 18.87 Lake Elmo Fire Relief Assn. 39,747.00 AF - Checks for Approval (10/30/2008 - 3:02 PM ) Page 2 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 39,747.00 33378 11/05/2008 General Fund Travel Expense Greg Malmquist 598.33 Check Total: 598.33 33379 11/05/2008 General Fund Repairs/Maint Contractual Bldg Menards - Oakdale 14.77 33379 11/05/2008 General Fund Rcpairs/Maint Imp Not Bldgs Menards - Oakdale 287.82 33379 11/05/2008 General Fund Repairs/Maint lmp Not Bldgs Menards - Oakdale 30.20 Check Total: 332,79 33380 11/05/2008 General Fund Repairs/Maint Imp Not Bldgs Menards - Stillwater 46.75 Check Total: 46.75 33381 11/05/2008 General Fund Conferences & Training MN Fall Maintenance Expo 50.00 Check Total: 50,00 33382 11/05/2008 General Fund Sand/Salt North American Salt Company 2,697.96 33382 1 I /05/2008 General Fund Use Tax Payable North American Salt Company -164.66 33382 11/05/2008 General Fund Sand/Salt North American Salt Company 13,340.33 33382 11/05/2008 General Fund Use Tax Payable North American Salt Company -814.20 Check Total: 15,059.43 33383 11/05/2008 General Fund Travel Expense Doug Pepin 344.98 Check Total: 344.98 33384 11/05/2008 General Fund Cable Operation Expense Steven Press 125.41 33384 I 1/05/2008 General Fund Use Tax Payable Steven Press -7.65 Check Total: 117,76 33385 11/05/2008 General Fund Postage Pitney Bowes Reserve Account 500.00 33386 11/05/2008 General Fund 33386 11/05/2008 General Fund Repairs/Maint Contractual Bldg Repairs/Maint Contractual Bldg Diane Rud Diane Rud Cheek Total: 500.00 AP - Checks for Approval (10/30/2008 - 3:02 PM) Page 3 255.60 255.60 Check Number Check Date Fund Name Account Name Vendor Name Amount 33386 11/05/2008 General Fund Use Tax Payable Diane Rud -31.20 Check Total: 480,00 33387 11/05/2008 General Fund Contract Services S & S Specialists 670.95 Check Total: 670.95 33388 11/0512008 Sewer Sinai] Tools & Minor Equipment Jim Sachs 394.95 Check Total: 394.95 33389 11/05/2008 General Fund Telephone Sprint 119.98 Check Total: 119.98 33390 11/05/2008 General Fund Street Maintenance Materials T.A. Schifsky & Sons 767.74 Check Total: 767.74 33391 11/05/2008 Infrastructure Reserve Engineering Services TKDA, Inc. 1,105.28 33391 11/05/2008 Development Fund Engineering Services TKDA, Inc. 8.881.13 33391 11/05/2008 Development Fund Engineering Services TKDA, Inc. 1,744.53 33391 11/05/2008 Development Fund Engineering Services TKDA, Inc. 1,639.35 33391 11/05/2008 Development Fund Engineering Services TKDA. Inc. 3,574.21 33391 11/05/2008 Development Fund Engineering Services TKDA, Inc. 7,002.78 33391 11/05/2008 Development Fund Engineering Services TKDA, Inc, 1,907,42 33391 11/05/2008 Village Engineering Services TKDA, Inc. 276.08 33391 11/05/2008 General Fund Engineering Services TKDA, Inc. 7,726.11 33391 11/05/2008 General Fund Engineering Services TKDA, Inc. 2.529.81 33391 11/05/2008 Infrastructure Reserve Engineering Services TKDA, Inc. 5,592.09 33391 11/05/2008 Surface Water Utility Engineering Services TKDA, Inc. 4,657.21 33391 11/05/2008 Water Engineering Services TKDA, Inc. 2,678.35 33391 11/05/2008 Sewer Engineering Services TKDA, Inc. 949.22 33391 11/05/2008 Water Engineering Services TKDA, Inc. 277.53 Check Total: 50,541.10 33392 11/05/2008 Capital Aquisitions Other Equipment United Rentals NW, Inc. 2,315.31 Check Total: 2.315.31 33393 11/05/2008 Surface Water Utility Conferences & Training Washington Conservation Dist. 500.00 AP - Checks for Approval ( 10/30/2008 - 3:02 PM ) Page 4 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 500.00 33394 11/05/2008 General Fund Miscellaneous Washington County 46.00 Check Total: 46.00 33396 11705/2008 General Fund Uniforms ARAMARK 58.74 Check Total: 58.74 33397 11/05/2008 General Fund Conferences & Training Century College 3,599.84 33397 11/05/2008 General Fund Conferences & Training Century College 1,800.00 Check Total: 5,399.84 33398 11/05/2008 General Fund Legal Services Jardine, Logan & O'Brien 1,641.00 Check Total: 1,641.00 33399 11/05/2008 General Fund Telephone Nextel Communications 130.12 33399 11/05/2008 General Fund Telephone Nextel Communications 165.35 33399 11/05/2008 General Fund Telephone Nextel Communications 78.63 33399 11/05/2008 General Fund Telephone Nextel Communications 132.86 33399 11/05/2008 General Fund Telephone Nextel Communications 112.71 Cheek Total: 619.67 33400 11/05/2008 General Fund Legal Services Peterson Fram & Bergman 1,393.00 33400 11/05/2008 Water Miscellaneous Peterson Fram & Bergman 99.00 33400 11/05./2008 General Fund Civil Attorney Criminal Peterson Fram & Bergman 4,821.76 33400 11/05/2008 General Fund Legal Services Peterson Fram & Bergman 22.00 33400 11/05/2008 General Fund Legal Services Peterson Fram & Bergman 272.00 33400 11/05/2008 Water Miscellaneous Peterson Frani & Bergman 40.50 33400 11/05/2008 General Fund Civil Attorney Criminal Peterson Fram & Bergman 176.00 Check Total: 6,824.26 33401 11705/2008 General Fund Dues & Subscriptions Pioneer Press 181.48 Check Total: 181.48 33402 11/05/2008 General Fund Uniforms Titan Apparel & Sportswear 146.00 AP - Checks for Approval (10/30/2008 - 3:02 PM ) Page 5 Check Number Check Date Fund Name Account Name Vendor Name Amount Check Total: 146.00 33403 11/0572008 General Fund Telephone USA Mobility Wireless, Inc. 21.39 Check Total: 21.39 Report Total: 168,025.90 AP - Checks for Approval 10/30/2008 - 3:02 PM) Page 6 City Council Date., 11/5/08 CONSENT |tem� 5 Motion ITEM: Approve anagreement for Community Development Block Grant Funds with Washington County for continuing the Cimarron gasoline replacement project SUBMITTED BY: Kelli Matzek, City Planner REVIEWED BY: Susan Hoyt, City Administrator KYka N|a8, Director ofPlanning SUMMARY AND ACTION REQUESTED: The City Council is being asked to approve an agreement to receive $62,924.03 in Community Development Block Grant funding 0o replace approximately 30 individual unit'ngoo mom\na lines at the Cimarron neighborhood byDecember 31.2OO8. The City ofLake Elmo has received funding through this grant on three previous occasions fore total of$13O.20Qfor this project. With that money, 223 gas lines were visually inspected by a third party contractor and 81 gas lines were replaced thus far for eligible low income homeowners. |n2OO7.the Cimarron management visually inspected the age ofthe neighborhood homes and the gas lines. From that inspection 123 homes were identified for potential replacement that had no permit history of gas line replacement and will be the target for the 30 nap|amsnnenCu being funded for eligible low income homeowners in2OOS. The project w|UQetundemvayinJanuary2OO9vvithauomp|ehon target date set for July 51.2OOA.The planning staff iapreparing anoutreach and communication plan to promote this program that protects the public health and safety of Cimarron residents. Motion: Approve entering into anagreement with Washington County for $02,924.03h7continue the low income gas line replacement project in Cimarron for approximately 30 additional homes. ATTACHMENT& 1. Community Development Block Grant Program SubonanteeAgreement between Washington County and the City ofLake Elmo Community Development Block Grant Program Subgrantee Agreement between Washington County and the City of Lake Elmo This Agreement is made and entered into this July 1, 2008 in furtherance of the requirements of the Federal Community Development Block Grant (CDBG) Program by and between Washington County, 14949 62.nd Street North, Stillwater, Minnesota 55082, hereinafter referred to as the "Grantee", and the City of Lake Elmo, 3800 Laverne Avenue , Lake Elmo, Minnesota 55042, hereinafter referred to as the "Subgrantee". WHEREAS, the Grantee is the administering agency for funds received from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, to Washington County as an Urban Entitlement County under the Community Development Block Grant (CDBG) Program; and WHEREAS, the Grantee wishes to engage the Subgrantee to assist the Grantee in utilizing such funds; and WHEREAS, the Subgrantee wishes to implement a project involving rehabilitation of individual units gas service lines at the Cimarron manufactured home park utilizing $62,924.03 in CDBG funds. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Grantee and Subgrantee agree as follows: I. Term. Services of the Subgrantee shall start July 1, 2008 and end on the last day of December 31, 2015. All funds covered by this contract shall be expended by December 31, 2009. 2. Commencement and Termination of Projects. Upon release of project -related funds by the U.S. Department of Housing and Urban Development (HUD), pursuant to federal regulations, the Grantee shall furnish the Subgrantee with written notice to proceed. No work on the project shall occur prior to the notice to proceed without written approval from the Grantee. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. 3 National Objectives. The Subgrantee certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's national objectives, as defined in 24 CFR part 570.208, including: (1) benefit low and moderate income persons; (2) aid in the prevention or elimination of slums and blight; and (3) meet community development needs having a particular urgency. 4. Federal and Local Program Compliance. The Subgrantee agrees to comply with the Housing and Community Development Act of 1974, Public Law 93-383 as amended, and Implementing Regulations at 24 CFR part 570. The Subgrantee agrees to attend scheduled local Department of Housing and Urban Development training as directed by the grantee. The Subgrantee agrees to perform all the tasks enumerated below in a manner that will meet or exceed the terms and conditions imposed upon the Grantee in administering the CDBG program and ensure program compliance with applicable federal regulations: 4.1 Citizen Participation. Comply with all HUD citizen participation requirements (24 CFR 570). 4.2 Procurement Standards. In awarding contracts pursuant to this Agreement, the Subgrantee shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to, procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the Subgrantee shall comply with the requirements of the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate, relating to bonding, insurance, and procurement standards; with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand dollars (S10,000.00); and with HUD procurement requirements, as described in 24 CFR part 85.36. Where federal standards differ from local or state standards, the stricter standards shall apply. 4.3 Environmental Review, 4.3a National Environmental Policy Act. The Grantee retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR part 58). The Grantee may require the Subgrantee to furnish data, infoiniation, and assistance for the Grantee's review and assessment in determining whether an Environmental Impact Statement must be prepared. 4.3b State Environmental Policy Act. Subgrantees that are branches of government under Minnesota Law retain responsibility for fulfilling the requirement of the state law regarding environmental policy and conservation and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota Law, the Grantee may require the agency to furnish data, information, and assistance as necessary to enable the Grantee to comply with the State Environmental Policy Act. 4.3c Satisfaction of Environmental Requirements, Project execution under this Agreement by either the Grantee or the Subgrantee shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the Grantee until all such requirements have been met. 4.4 Non -Discrimination. The Subgrantee shall comply with all federal, state, and local laws prohibiting discrimination on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap or any other basis now or hereafter prohibited by law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Executive Orders 11063 and 11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24CFR 570.602 Section 109 and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570.602. These requirements are summarized in the following paragraphs: 4.4a Program Benefit. The Subgrantee shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, sexual orientation, or national origin, (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Section 109, Housing and Community Development Act of 1974.) 4.4b Fair Housing. The Subgrantee shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1964; Executive Order 11063.) 2 4.4c Employment. The Subgrantee shall ensure that compliance with Section 3 of the Housing and Community Development Act Women and Minority Business requirements, Federal Equal Employment Opportunity Act, Executive Orders, and Civil Rights Act of 1964, is maintained. (1) In all solicitation under this Agreement, the Subgrantee shall state that all qualified applicants will be considered for employinent. The words equal opportunity employer in advertisements shall constitute compliance with this section. (2) The Subgrantee shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: employment. upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246, as amended.) To the greatest extent feasible, the Subgrantee shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects. (Section 3, Housing and Community Development Act of 1968, as amended.) 4.4d Contractors and Suppliers. (1) No contractor, subcontractor, union, or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment, or labor on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap. Such practices include upgrading, demotion recruiting, transfer, layoff, termination, pay rate, and advertisement for ernployment. (Executive Order 11246, as amended.) (2) All firms and organizations described above shall, upon request, be required to submit to the Subgrantee certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions, provided that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000. To the greatest extent feasible, the Subgrantee shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents, (Section 3, Housing and Community Development Act of 1968, as amended.) 4.4e Notice. The Subgrantee shall include the provisions of the appropriate preceding subsections a, b, c, and d of this section in every contract or purchase order for goods and services under this Agreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. In advertising for employees, goods or services for activities under this Agreement, the Subgrantee shall utilize minority publications in addition to publications of general circulation. 4.5 Labor Standards. 4.5a The Subgrantee shall request wage determination from the Grantee or HUD on all projects in which Davis -Bacon requirements apply. The Subgrantee shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis -Bacon Act, as amended (40 USC Sections 327-333) and the Regulations at 24 CFR part 42 and 49 CFR part 24, provided that this section shall not apply to rehabilitation or residential property desig-ned for residential use by fewer than eight families, 4.5b A copy of the current Davis -Bacon wage rate and HUD forms 4010 and 92010 must be included in all construction bid specs and contracts over Two Thousand dollars ($2,000.00). 4.5c The Subgrantee shall conduct all preconstruction conferences to ensure contractors and subcontractors are aware of Davis -Bacon requirements and how to comply. 4.5d The Subgrantee shall review all required reports and forms submitted by contractors in all CDBG projects in the jurisdiction of the Subgrantee. 4.6 Property Management. The Subgrantee agrees that any nonexpendable personal property, purchased wholly or in part with CDBG funds at a cost of Five Hundred dollars ($500,00) or more per item, is upon its purchase or receipt the property of the Grantee and/or federal government. Final ownership and disposition of such property shall be deteimined under the provisions of the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate. 4.7 Acquisition and Relocation. 4.7a Any acquisition of real property for any activity assisted under this Agreement shall comply with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (42 USC section 4601) and the Regulations at 24 CFR part 42. 4.7b Any displacement of persons, business, nonprofit organizations, or farms as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act as amended by the Uniform Relocation Act as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act as amended (Pub. L. 100-17, 101 Stat. 246-256) and the Regulations at 49 CFR part 24. The Subgrantee shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR 570.606(a) and (b). 4.7c In any activity assisted under this Agreement which results in demolition or conversion to another use of low/moderate income housing, the Subgrantee will follow the requirements set forth in the revised section 104(d) of the Housing and Community Development Act of 1974, as amended and implementing regulations. 4.8 Historic. Preservation. The Subgrantee shall comply with the requirements of the National Historic Preservation Act of 1966 (16 USC 470 et seq.) as amended, Public Law 89-665, the Archeological and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 4 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR part 800 (16 USC 469 et seq.). The Subgrantee shall comply with the federal historic preservation regulations including 36 CFR part 800 and the Reservoir Salvage Act of 1.960 as amended by the Archaeological and Historic Preservation Act of 1974 (16 USC 469 et seq.). Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR part 58. 4.9 Architectural Barriers. Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 USC section 4151 et seq. and 24 CFR 40 et seq.). 4.10 Nonnarticination in Political Activities. The federal Hatch Act (5 USC, §§ 1501 et seq.) restricts the political activity of local government employees employed in connection with programs financed in whole or in part by federal loans or grants. The Subgrantee shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 4.11 Conditions for Reliuious Organizations, The Subgrantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200(j). 4.12 Floodnlain Management and Wetland Protection. The Subgrantee shall comply with Executive Order 11988 and HUD regulations 24 CFR 55 regarding floodplain management. The Subgrantee shall also comply with Executive Order 11990 and the regulations at 3 CFR, particularly sections 2 and 5, regarding protection of wetlands. 4.13 National Flood Insurance. The Subgrantee may not receive CDBG funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234) and the Regulations thereunder (24 CFR 58.6), The Subgrantee shall comply with the regulations at 24 CFR 570,605. 4.14 Air and Water Pollution. The Subgrantee shall comply with the provisions of the Clean Air Act (42 USC section 1857 et seq.) as amended, and the Federal Water Pollution Control Act (33 USC sections 1251 et seq.) as amended, and the regulations issued thereunder (40 CFR part 15). 4,15 Lead -Based Paint Poisoning. The Subgrantee shall comply with the HUD Lead -Based Paint regulations (24 CFR part 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 USC Sections 4831 et seq.) requiring: (1) prohibition of the use of lead -based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation„ or modernization of residential structures); (2) elimination of immediate lead - based paint hazards in residential structures; and (3) notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. 4.16 Sole Source Aquifers. The Subgrantee shall comply with the Safe Drinking Water Act of 1974 (42 USC 201, 300(f) et seq. and 21 USC 349) as amended and Sole Source Aquifers regulations (40 CFR part 149). 4.17 Endangered Species. The Subgrantee shall comply with the Endangered Species Act of 1973 (16 USC 1531 et seq.) as amended, particularly section 7 (16 USC 1536). 4.18 Wild and Scenic Rivers. The Subgrantee shall comply with the Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.) as amended, particularly sections 7(b) and (c) (16 USC 1278(b) and (c)). 4.19 Air Quality. The Subgrantee shall comply with the Clean Air Act (42 USC 7401 et seq.) as amended, particularly sections 176(c) and (d) (42 USC 7506(c) and (d)). 4.20 Farmlands Protection. The Subgrantee shall comply with the Farmlands Protection Policy Act of 1981 (7 USC 4201 et seq.) particularly sections 1540(b) and 1541 (7 USC 4201(b) and 4202), and Farmland Protection Policy regulations (7 CFR part 658). 4.21 Noise. The Subgrantee shall comply with HUD Noise regulations (24 CFR part 51). 4.22 Coastal Zone Manaaement. The Subgrantee shall comply with the Coastal Zone Management Act of 1972 (16 USC 1451 et seq.) as amended. 4,23 Non -Discrimination Based on Disability. When and where applicable, the Subgrantee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794) and Title II of the Americans with Disabilities Act as amended (Pub. L. 101-336, 1990), to ensure that no otherwise qualified individual with a disability shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance under this Agreement. 4.24 Non -Substitution for Local Funding. The Subgrantee shall not utilize CDBG funds made available under this Agreement to reduce the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 4.25 Public Ownership. For Subgrantees which are not municipal corporations organized under the laws of the state of Minnesota, it may become necessary to provide the Grantee a property interest where the project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly -owned facilities and improvements. The Subgrantee shall. comply with current Grantee policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 4.26 Public Inforniation. In all news releases and other public notices related to projects funded under this Agreement, the Subgrantee shall include infoiination identifying the source of funds as the Washington County Community Development Block Grant Program, 4.27 Applicable Uniform Administrative Reouirements. 4.27a A Subgrantee which is a governmental entity (including public agencies) shall comply with the requirements and standards of OMB Circular A-87 (Principles for Determining Costs Applicable to Grants and Contracts with State. Local and Federally recognized Indian Tribal Governments), OMB Circular A-133 (Audits of State and Local Governments) and with the following sections of 24 CFR part 85, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) Section 85.3 "Definitions" (2) Section 85.6 "Additions and Exceptions" (3) Section 85,12 "Special grant or subgyant conditions for 'high -risk' grantees" 6 (4) Section 85.20 "Standards for financial management systems" except paragraph (a) (5) Section 85,21 "Payment" except as modified by 24 CFR 570.513 (6) Section 85.22 "Allowable costs" (7) Section 85.26 "Non-federal audits" (8) Section 85.32 "Equipment" except in cases in which the equipment is sold, the proceeds shall be program income (9) Section 85.33 "Supplies" (10) Section 85.34 "Copyrights" (11) Section 85.35 "Subawards to debarred and suspended parties" (12) Section 85.36 "Procurement" except paragraph (a) (13) Section 85.37 "Subgrants" (14) Section 85.40 "Monitoring and reporting program performance" except paragraphs (b), (e), (d) and (f) (15) Section 85.41 "Financial reporting" except paragraphs (a), (b) and (e) (l 6) Section 85.42 "Retention and access requirements for records" (17) Section 85,43 "Enforcement" (18) Section 85.44 "Teimination for convenience" (19) Section 85.51 "Later disallowances and adjustments" (20) Section 85.52 "Collection of amounts due" 4.27b A Subgrantee that is not a governmental entity, shall comply with the requirements and standards of OMB Circular A-122 (Cost Principles for Non -Profit Organizations) or OMB Circular A-21 (Cost Principles for Educational Institutions), as applicable, and with OMB Circular A-110, (Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations). 4.28 Section 3 Compliance. The Subgrantee agrees to comply with the requirements 24 CFR 135 (Economic Opportunities for Low and Very Low -Income Persons) to ensure that employment and other economic opportunities generated in connection with this Agreement shall, to the greatest extent possible, consistent with existing federal, state, and local laws and requirements, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low- and very low-income persons. 4.28a The Subgrantee agrees to comply with HUD's regulations in 24 CFR 135.38 and to include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR 135. Housing and community development projects subject to this provision include housing rehabilitation, housing construction, and other public construction projects as defined in 24 CFR 135.5, Section 3 covered assistance. 4.28b The Subgrantee will not subcontract with any contractor where the Subgrantee has notice or knowledge that the contractor has been found in violation of the regulations in 24 CFR 135. 4.29 Other Promum Requirements. The Subgrantee shall carry out each activity in compliance with all other federal acts, regulations and requirements, including but not limited to Executive Order 11246 prohibiting discrimination in employment contracts and directing government contracts to establish and maintain affirmative action, and all federal laws and regulations described in 24 CFR 570, subpart K except that: 4.29a The Subgrantee does not assume the Grantee's environmental responsibilities (24 CFR 570.604), unless otherwise specified herein; and 7 4.29b The Subgrantee does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR part 52. 4.30 Subgrantee must ensure that there is no change in use from the original funded use, as this is a violation of CDBG regulations. 5. Evaluation and Reports The Subgrantee agrees to participate with the Grantee in any evaluation project or perforniance report, as designed by the Grantee or the appropriate federal agency, and to make available all information required by any such evaluation process. Such evaluation reports may include but are not limited to the forms attached and incorporated herein: • Quarterly Status Reports (due January 15", April 15"', July 15', and October 151h) (Exhibit B) • Project Completion Checklist (due two weeks after the completion or project) (Exhibit G) • Demographic Information (due two weeks after the completion of project) (Exhibit E & F) • Women & Minority Business Owner Report (due two weeks after the completion of projecf) (Exhibit C) • Contract and Subcontract Activity Report (due October 1 of each calendar year) (Exhibit D) Additionally, the subgrantee will submit to the grantee, by the deadline set by the grantee, such reports/forms that assist the grantee in fulfilling the grantees "desktop" monitoring responsibilities. All reports and forms shall be submitted to: Washington County Community Services, 14949 62nd Street North, Stillwater, Minnesota 55082. 6. Audits and Inspections. The Subgrantee shall obtain an independent audit for any calendar year during which the agency received at least $500,000 of federal funds, Such audit shall be made by qualified individuals who are sufficiently independent of those who authorize the expenditure of federal funds. The audit report shall state that the audit was performed in accordance with the generally accepted governmental audit standards for financial compliance audits of the US General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities. and Functions. and the provisions of OMB Circular A-110. When applicable, the Subgrantee shall also comply with the audit requirements of revised OMB Circular A-133 (June 24, 1997). 7. Records, 7.1 The Subgrantee shall compile and maintain records required by HUD regulations (24 CFR 570.506) including: 7.1 a Financial Management. Financial management records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. 7.1b Citizen Participation. Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects. 7.1c Relocation. Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. 7.1d Pronertv Aeauisition. The Subgrantee files must contain: (1) Invitation to the property owner to accompany appraiser during inspection; (2) At least one property appraisal; (3) Statement of basis for determination of just compensation; (4) Written offer of just compensation; (5) All documents involving conveyance; (6) Settlement cost reporting statement; and (7) Notice to surrender possession ofpremises. 7.1e &mai Onnortunitv. Racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Agreement. The Subgrantee shall also maintain data which records its affirmative action in equal opportunity employment, and its good -faith efforts to identify, train, and/or hire lower -income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. 7.1f Labor Standards. Records regarding compliance of all contractors perforniing construction work under this Agreement with the labor standards made applicable by 24 CFR 570.603. 7.1g Determination of Conditions of Slum and Blight. The Subgrantee shall submit: (1) (2) (3) An attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the state or local definition of the same; The boundary of the area so designated; and A list of the conditions the CDBG-funded activity is intended to address. In the event that a single property is designated as blighted, the subgrantee must submit a certified building inspectors report on the conditions leading to that determination. 7.1h Economic Develonment. Financial statements that indicate the historical and projected income of any company approved for CDBG assistance. Records will include three years of profit and loss statements, balance statements, and projected income statements. The Subgrantee will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the "necessary and appropriate" requirements communicated in the June 2, 1987, Stokvis memorandum. 7.1i Area Benefit. For activities providing an area benefit (24 CFR 570.208 (a)(1)), the Subgrantee will submit: (1) A map showing the location of the CDBG-funded activity and the service area boundary for the activity; (2) An explanation of how the service area boundary was deterniined, including justification for each individual line segment defining the service area boundary; and (3) The percentage of low and moderate -income persons in the service area and the data used to determine that percentage. 7.1j Other. Such other records as may be required by the Grantee and/or HUD. 7.2 Retention of Records. Required records shall be retained for a period of five (5) years after project completion, except as follows: 9 7.2a Records that are the subject of audit findings shall be retained for five (5) years after such findings have been resolved; 7.2b Records for nonexpendable property shall be retained for five (5) years after its final disposition. Nonexpendable property is defined in the US Office of Management and Budget Circular A-102 or A-110 as appropriate. 7.3 Access to Records. 7.3a The Grantee shall have full access to all records relating to performance of this Agreement. 7.3b The Subgrantee shall make all records available for audit or inspection at any time upon request of the U.S. Department of Housing and Urban Development, the Grantee or its authorized representative, Obligations and Responsibilities. The Subgrantee agrees to assume and carry out the Grantee's obligations and responsibilities under the Cooperation Agreement entered into between the Grantee and the participating cities concerning Washington County's CDBG Program. 9. General Conditions. The following general conditions shall apply to the Subgrantee. 9.1. Independent Contractor. For the purpose of this Agreement, the Subgrantee shall be deemed an independent contractor, and not an employee of the Grantee. Any and all employees of the Subgrantee or other persons, while enuaged in the performance of any work or services required by the Subgrantee under this Agreement, shall not be considered employees of the Grantee: and any and all claims that may or might arise on behalf of said employees or other persons as a consequence of any act or omission on the part of said employee or the Subgrantee shall in no way be the obligation or responsibility of the Grantee. 9.2 Hold Harmless. 9.2a It is agreed that the Subgrantee shall defend, indemnify, and hold harmless the Grantee, its officers and employees against any and all liability, loss, costs, damages, and expenses which the Grantee, its officers or employees may after sustain, incur or be required to pay arising out of the Subgrantee's performance or failure to adequately perform its obligations pursuant to this Agreement. 9.2b It is further agreed that the Subgrantee shall notify the Grantee of any actual or potential claims against the Grantee that may arise as a consequence of any of the work or services performed or furnished by the Subgrantee under the terms of this Agreement. 9,2e The Subgrantee will require in contracts with any subcontractors under this Agreement that the Contractor will indemnify and hold the Grantee and its officers, employees, and agents harmless from any claims, suits or damages arising out of any act or omission of the Contractor, its officers, agents, or volunteer workers in the perfoimance of the services provided for by this Agreement. 9.2d The subgrantee further agrees that in order to protect itself, as well as the County under the indemnity- provision set forth above, it will at all times during the term of this Agreement keep in force: 10 (1) For the period January 1, 2008 to June 30, 2009 General liability insurance in the amounts of $400,000 for bodily injury or property damage to any one person and $1,200,000 for total injuries or damages arising from any one incident are required by the Grantee. Beginning July 1, 2009 General liability insurance in the amounts of $500,000 for bodily injury or property damage to any one person and $1,500,000 for total injuries or damages arising from any one incident are required by the Grantee. (2) Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days prior notice thereof to the Grantee. A Certificate of Insurance evidencing this coverage must be provided to the Grantee before this Agreement is effective. Nothing in this Agreement shall constitute a waiver by the County of any statutory limits upon liability. Certificates of insurance showing the coverage listed above shall be provided to the County prior to the effective date of this Agreement. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days prior notice thereof to the Grantee. A Certificate of Insurance evidencing this coverage must be provided to the Grantee before this Agreement is effective. 9.2e The Subgrantee agrees that in contracts with any subcontractors under this Agreement, it will require the Contractor at all times during the course of the contract to have and keep in force a general liability policy insuring itself at a level not less than the liability limits set forth above and to provide Certificates of Insurance to the Subgrantee and Grantee. 9.3 Transfer. The Subgrantee shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by assignment or subcontract, without the prior written consent of the Grantee. 9.4 Amendments. Any alteration, variation, modification, or waiver of the provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties. 9.5 Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. 9.6 Liability. Notwithstanding any other provision of this Agreement to the contrary, the Subgrantee shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Agreement by the Subgrantee, and the Grantee may withhold any payments to the Subgrantee for the purpose of set-off until such time as the exact amount of damages due the Grantee from the Subgrantee is deteimined, 9.7 Entire Agreement. This Agreement, as well as Exhibits 13 through G, which are attached hereto and incorporated herein by reference, shall constitute the entire Agreement between the parties and shall supersede all prior oral or written negotiations. 11 9,8 HUD Aunroval. It is expressly understood between the parties that this Agreement is contingent upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of this Agreement. 9.9 Compliance. In performing the provisions of this Contract, the Subgrantee agrees to comply with all federal, state, or local laws and all applicable rules, regulations, or standards established by any agency of such governmental units, which are now or hereafter promulgated. 10. Annual Bud2et and Billin2 Procedures. 10a It is understood that the Funding Approval/ Agreement (HUD 7082) is based upon a program budget reflecting receipt of $803,376.00 in CDBG Funds from HUD for Program Year 2008, of which 562,924.81 is allocated to the Subgrantee as the maximum amount available under this contract. 10b The Subgrantee shall submit requests for reimbursement promptly upon completion of each milestone or activity and upon receipt of proper documentation from any contractors used on the project. Requests for reimbursement shall be in a format acceptable to the Grantee and shall be submitted to CDBG c/o Washington County Community Services, 14949 62nd Street North, Stillwater, Minnesota 55082. 11. General Compliance. The Subgrantee shall comply with the following: 11.1 Separability. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non -enforceability would cause the agreement to fail its purpose. One or more waivers by either party or any provision, term, condition, or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 11,2 Discrimination. The Subgrantee agrees to comply with all federal, state, and local laws and ordinances as they pertain to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. 11.3 Applicable Laws. The Subgrantee further agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Subgrantee performance of the provisions of this Agreement. 11,4 State Law. This Agreement shall be interpreted and construed according to the laws of the state of Minnesota. 12. Scope of Services. As required in 24 CFR 570.503, the Subgrantee will be responsible for the administration of the following services under this Agreement. No more than 50% of the contracted funds shall be used for non -construction, non -acquisition activities. If there is more than one activity, funds can be reallocated among the specified activities through consultation with the Grantee and followed by a written request to the Grantee. Reallocation of funds must be requested prior to completion of the activities. Use of CDBG funds, Fiscal year 2008 CDBG funds in the amount of $62,924.81 will be used for the following purpose(s) and eligible costs: Rehabilitation of individual units gas service lines at the Cimarron manufactured home park. Budget: FY 2008 CDBG funding: $62,924.81 Of this amount no more than $31,462.40 can be used for soft costs. Soft Cost Budget, $31.462.40 Schedule: FY 2008 funds will be committed to project activities after July 1" 2008, and will be expended according to the completion dates listed below. Milestone November 30, 2008 January 5, 2009 February 3, 2009 February 16, 2009 March 2, 2009 March 20, 2009 April 6, 2009 April 15, 2009 April 22, 2009 May 4, 2009 May 19, 2009 May 25, 2009 July 17, 2009 July 31, 2009 12.2 Prior Year Activities. Completion date Lake Elmo City Council Approves CDBG Contract Lake Elmo issues RFQ for Income Determination Consultant Lake Elmo City Council Approve Consultant Contract Lake Elmo staff & Consultant start outreach Cimarron Residents Consultant begins interviews and data collection process Consultant wraps up interviews and data collection process Determine the final # of units to be rehabilitated Publish the ls` Request for Proposals (RFP) for construction work Publish the 2" Request for Proposals (RFP) for construction work Open Request for Proposals (RFP) Lake Elmo City Council approves Construction Contract Construction commences Construction completes project work completed and final hill submitted Prior fiscal year activities that are not yet completed continue to be covered by the Subgrantee Agreement executed for the CDBG program year in which they were originally funded. 13. Additional Requirements. The following additional requirements shall apply to the Subgrantee: 13.1 Program Income. The Subgrantee shall report all program income (as defined at 24 CFR 570.500(a)) generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. During the period this Agreement is in effect, prograrn income shall be retained by the Subgrantee and used for eligible CDBG activities, as specified in 24 CFR 570.201 and 570.202, for the project(s) funded under the terms of this Agreement. Any program income on hand when the Agreement expires or received after the Agreement expires shall be paid to the Grantee as required by 24 CFR 570.503(b)(8). 13.2 Future Support. The Grantee makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. 13.3 Funds Not Received. Should anticipated sources of revenue not become available to the Grantee for use in the CDBG Program, the Grantee shall immediately notify the Subgrantee in writing and the Grantee will be released from all contracted liability for that portion of the Agreement covered by funds not received by the Grantee. 13.4 Suspension and Termination. In accordance with 24 CFR 85.43, suspension or termination may occur if the Subgrantee materially fails to comply with any of the provisions hereof, and the award may be terminated for convenience in accordance with 24 CFR 85.44. Such 13 termination shall occur thirty (30) days after receipt by the Subgrantee of written notice from the Grantee specifying the grounds therefore, unless, prior to such date, the Subgrantee has cured the alleged nonperformance of the provisions of this Agreement. 13.5 Reversion of Assets. Upon the expiration of this Agreement, the Subgrantee shall transfer to the Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be: 13.5a Used to meet one of the national objectives in 24 CFR 570.208 until five (5) years after the Subgrantee no longer participates in the CDBG Entitlement Program; or 13.5b Disposed of in a manner that results in the Grantee's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph 13.5,a.) 13.6 Payment Recounment. The Subgrantee shall reimburse the Grantee upon demand at any time, any amounts paid by the Grantee under this contract for which the U.S. Department of Housing and Urban Development requires repayment due to noncompliance with federal requirements. 14. Certification For Contract, Grants, Loans And Cooperative Agreements. The Subgrantee certifies, to the best of its knowledge and belief, that: 14.1 No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement: 14.2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Fonn-ILLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 14.3 It will require that the language of paragraphs 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subgrantees shall certify and disclose accordingly. 15. Environmental Review. The Grantee shall insure that all Subgrantee projects or activities comply with environmental review requirements. This includes the completion of a study and assessment of each Community Development Block Grant project in conformance with the National Environmental Policy Act of 1967 by the Grantee. The Subgrantee shall furnish the Grantee with a copy of any updated Environmental Review Study. 14 16. Dele2atiou of Authority. The Community Services Department is delegated the authority to amend all provisions of this agreement by execution of the Community Services Director. 17. Notice. Written notice to be provided under this Agreement shall be provided as follows: For the Grantee: Daniel J. Papin, Director Washington County Community Services 14949 62I'd Street North PO Box 6 Stillwater, IVIN 55082 For the Subgrantee: IN WITNESS WHEREOF, the Grantee and the Subgrantee have executed this Subgrantee Agreement on the date indicated below. For the Grantee For the Subgrantee Dennis Hegberg Chair, Washington County Board James R. Schug County Administrator Daniel J. Papin Director, Community Services Approvects to fo Date By: Its: Date By: Its: Date Date Date Date Assistant County Aftorney Date 15 Washington County CDBG Program Key Contact Designation Form Project Manager: The project manager is the person authorized by the Subgrantee as the primary contact person for this CDBG Agreement. Name Title Organization/Community Name Address City, State, Zip Code Telephone Cellular Phone/Pager Fax E-mail Other Key Contacts: Name Title Organization/Community Name Address City, State, Zip Code Telephone Cellular Phone/Pager Fax E-mail Name Title Organization/Community Name Address City, State, Zip Code Telephone Cellular Phone/Pager Fax E-mail I 6 Exhibit B WASH|NGTONCOUNTY QUARTERLY REPORTING FORM Community Development Block Grant Program Home Investment Partnership Program To be submitted by the 15'" of April, July, October and January for each quarter until project is complete. Part One: General Information: Guhnanp\ont Reporting reporting: Quarter: CDBGUH[)K4EFunds |n Contract#: Program Year funds: contract: Brief Description of activity/ project included in this report: Person completing Telephone Date report: Number� submitted: MILESTONE: Part Two: Complete for Land Acquisition for Housing Date as Scheduled in Grant Contract Date Done Date Anticipated Status of Activity Notes on Status* 17 Exbibit C Washington County Y0inohbfVVomenOwned Business Enterprises FY2OO7 Part III: Minority Business Enterprises (MBE)and Women Business Enterprises (mBE) In the table below, indicate the number and dollar value of contracts for CDBG or HOME projects completed during the reporting period, / Minority Business �n�mhaen(MBs) Total fVenkpnmahveor Asian or -- Black Hispanic VvNw American Indian Pacific Islander Non -Hispanic Non -Hispanic Number Dollar Amount 3uuoontracts� Contracts: Number Dollar Amount n O Number u Dollar Amount 0.00 Number O Dollar Amount 080 Women Business Enterprises MBE) The CDgaand HOME fiscal year (Fr)isfrom July 1.unn7through June 3O.2V08. This form is due mDiane Elias, Washington County Community Services, 14949 62nd Street North, Stillwater, Minnesota 55082, by JuIv 31, 2008. is COEtract aad 'Sub contrort A.ttivity Potc:nr,-,4,:mt vct Dc-14: t.- ;.. ?VA: .44?,2:1142-412,siart 1.:4• ACC4:C Cf i.f‘nr..2:1. I; 4-2.4n1172311-, L c22: rar tte:t.tt't dt.:1 scurp:;. 1Stdt, Ztott:eti Thralacaris. '.11.5.:1,t11-77. tsz: 4,3niy 14. In.? 44:441-2 ftt B.:Z.4UP:: .;i7L'-`: 1'4,14 ba.61-,;;•7..-7..31,!: czzii :43:1 )ad ',:tait 21=4 f:314 tt2::: r...:"Ii;b 3114 7:::::±t4r Iv:1Z: I. -.=.4.2-t Pid c.—.122,t4 ',1X:4. rft.7irws w,:h!!!:,,r,:z 12,7:2E1 roall. 114 r,r.pl,mt4=.1n:qv.:..Y5 103 F;:-24:=2,4 ina PaL22-13:14 -2,P2,2111bF,1,1xmrip-BuCr.:2:4::, Evykr„Lar.41 th2-Li4.41P44. 2'zi:42;2d 117,11:11,22,2%.1::411tl:) 1:XE F.:412 ezr fe'ette Ptiyitt-_, Az: Na rice ;:,,ty.,e- -Virg C.:11.,-14:::',,F,:ltijt'ft=1::'tittl)7e7liitt. nikc.rir,43 11:4111±1-tal.P:47 x42/24:yi 'im4221rmtT:14 12, I:12W: 142;i: 'cc:iitc.1')1 4: saq, -1144 245.7 ft-gtOs ,t :tette, ftrev 1 tees: lanit:tale Att.: ,tt't :`,,ettee a,jfitt theritt :M1letc t,:r:tet ,,,extettateto itrtt's.. ere aaestrti,t. totielt, toff We ,t :tat:et:40 l'aetea,e, It Ilaeeemtetta 4,,,att Ort.t. e,...wrtal :tree. etnt.tvtiret,t,T- ; 2V 14,s getttsr -t 4 14p =Tit« Pvcia t1:2t. - ‘,4:, 3 1. ,4.17,--A 1:21t,:tbaiss 54, -tttss Type, of 75-5oh ,i1,e3eritttalt - 'its• .1,- ;1,0,4.414 W61,(1336. 2:11tteete Crest • 4 - ter, ass: tv,titre ,,httact - ',re, - tree i,t14ta, 1 12. TZip 14,7, 3 fit, 4kt:a t'llerittl E:,t, ?It* :eat t Sttcttt 14-4-224 r.5•-xcl.55 11.2:rms C.44v: t1:-.5=g1r. ft: Ettim: *tat lt Wit Asti laselioat Ett:tx:,fle,;rtat: ot+1, "att,trie , a Etet,taete,ettet$ ,,tea,,e,t rtitsstt pa , It-a/tie latree,rttateet,t-C, 8 f)pa ILCD:111ii ;L, Exhibit E Demographic and Income Reporting Form for Households Assisted with Washington County CDBG and HOME Program Funds The city/organization providing CDBG or HOME firds:, , and Washington County are required to obtain the following information pursuant to the regulations of the CDBG and HOME Programs and report this inforinatkin annually ro the U.S. Department of Housing and Urban Development (HUD). All information regarding individuals/households is confidential and protected by data primacy laws. For assistance in completing this forin, contact Diane Elias at 651-430-8317. Name: (New/existing Homeowner) Address: 0 Please check if work for this property is complete. Demographic and income information: 1. How many adults and children live in your household? 1 What is the total annual income of all adults, eighteen and older, in your household'? income before taxes) 3. Type of household—plcase check the box that best applies: 0 2-4 persons related 0 5 or more persons related 0 Elderly 0 Other (includes singles who are not elderly, unmarried couples. roonirnates) 4. Female -headed household: 0 Yes 5. Ethnicity: 0 Hispanic or Latino 6. Race: Record the number of persons Single Race: White Contact 0 0 No 0 Not Hispanic or Latino each race within the household. Black or African American Asian American Indian or Alaska Native Native Hawaiian/Pacific Islander Name of staff person completing this form: Authorization Include each person old» once. Multi -Race: Black/African American and White (use Asian and White American Indian/Alaska Native and White American Indian/Alaska Native and Black/African American Other I hereby authorize to release the above information to appropriate state, local. and federal agencies, including Washington County and the U.S. Department of Housing and Urban Development. Head of Household Signature: Date 20 HOME Match Report PIt I Participant 1. Pnnicipant No. (assigred by HU1 2. Name ci the ParticipatiN Jurisdiciign 5. $lieet Mgtz,” of the Participa lirrj Jurisdction 6. City Part II Fiscal Year Summary 1. Excess match from prior Federal fiscal year Match contributed during current Federal fiscal year ise,0 Pau 111.9.) 3. Total match available for current Federal fiscal year (lino 1 + line 4. Match liability for current Federal fiscal year 5. Excess match carried over to next Federal fiscal year pine 3 minus line 4i Part 111 Match fontribu1on for the Federal Fiscal Year 1. Project No, 2. Date or 3. Cash or °Mei ID contribution (non-Faleral s 01.11cCe) trnrregayyyyt U.S. Department of Housing and Urban Development Office of Community Planning and Development 7. Stale 4. Foregone Tax Fes. Charges a. Zip C'cde 5. Appraised 3. nequirea and .+ Real Picperty Infrastructure r11 OMB Approval No. 250&•0171 (exp. Q5721,20Q7) lf.latcli Contributions Tor (Federal Fiscal Year (yyyy) 5. Name. ci Contact (p.rson completing rris rer,..rn 4. (._'•nt,act't. Phone' Number firicliud+. area c,:de) 7. Me Preparation, construction Materiais. Donated labor Et.. Bond Rnanclng 9. Total Match Exhibit G Home Investment Partnership (HOME) Program Community Development Block Grant (CDBG) Program Housing Project Completion Checklist Type of Funding: 0 CDBG L HOME Amount of Funding: Program Year Funding: Address of Unit(s): 1. Certificate of Project Completion by Developer (Form -3a) 0 0 NA 2. Matching/Leveraged Funds Report (HUD —40107) E NA 3. MinorityM/omen Owned Business Enterprises (exhibit C) 0 NA 4. Contract and Subcontract Activity (HUD -- 2516) 0 El NA 5, Demographic Information Forms (exhibit E, part 1 & 2) 0 0 NA 6. Copy of Certificate of Occupancy 0 0 NA 7. Copy of recorded Declaration of Covenants & Restrictions (HOME only) 0 0 NA 8. Certification of Cost Allocation between Soft & Hard Costs (Form — 4a) 0 0 NA 9. Final certification of funding sources & uses statement (form 5a) E0 NA 10. Copy of initial tenant's income determination (just the worksheet) 0 0 NA it Certification of HOME units. (HOME only) (Form -- 2a) 0 NA I 2 . Copy of developments Affirmative Marketing Policy E NA (Applicable to HOME developments of 5 units or more) 13. Copy of initial Lease Agreement with tenant E 0 NA (Applicable to Rental developments only) 14. Certificate of Rental Project Commencement 0 0 NA (Applicable to Rental developments only) 15. Copy of Lien Waivers from General and Sub Contractors. Ej El NA 16. Certification of Contractor Eligibility Form (Form — 6b) 0 0 NA 17. Copy of the Settlement statement between developer & homebuyer. E E NA (Applicable to Homebuyer project only) 18. Copy of the recorded Warranty Deed. 0 El NA 19. Copy of the notarized homebuyer agreement. Ej 0 NA 20. Copy of after rehab or new construction appraisal. 0 E NA 21. Certification of homeowner's ability to pay. 0 NA (Applicable to Homebuyer project only) 22. Certification of Government funding, (Form 8a) E E NA 23. Washington County staff has inspected completed project. E E NA 22 |TEW City Council Date: 11,5�08 CONSENT /tem� 4 Motion Approve a request to establish ahearing date before the Board of Adjustments and Appeals for Mr, and Mrs. Sassing of50SB Keats Avenue SUBMITTED BY: Jerry Filla, City Attorney SUMMARY AND ACTION REQUESTED: The city council isbeing asked bzschedule ahearing acting as the Board of Adjustment and Appeals under Section 31.10 of the city code at the request of Mr, and Mrs. SesninU, property owners of56A9 Keats Avenue. The next meeting date to hold this appeal is November 18, 2008 and can be scheduled for on or after 7:30 PM due to other city council business onthe agenda. Attorney FiUawill prepare the notice ofthe appeal hearing identifying the code items to be appealed. It will be distributed to neighboring property owners and the chair ofthe planning commission as required by city code, Motion: Schedule anappeal hearing before the Board of Adjustment and Appeals for Mr. and Mrs. Sessing, property owners of 5699 Keats Avenue, to appeal the determination of code violations City Council Oaba 11�5.08 CONSENT |ham� 5 Motion ITEM: Aresolution canvassing the returns and declaring the winners ofthe 2UO8local elections SUBMITTED BY: Sharon Lumby.City Clerk SUMMARY AND ACTION REQUESTED, The Lake Elmo City Council must meet within seven days of aCity General election 8ocertify the results ofthe municipal election and declare the results. Adraft resolution will beprovided ntthe time of the meeting for your approval, Adopt Resolution no, 2008-050, A resolution canvassing the returns and declaring the winners of City Council Date: 11/5108 ReguallarAgendm MOTION ITEM: Consider Amendments to the Accessory Buildings Section ofthe Zoning Ordinance: Ordinance No. 08-010 SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Planning Commission Susan Hoyt City Administrator KnUiK8obcek.City Planner SUMMARY AND ACTION REQUESTED: The City Council iabeing asked b)consider amendments hJthe accessory building provisionspfthe zoning ordinance. These changes represent minor modifications to specific sections of the ordinance and have been proposed: 1\hzimprove the consistency between various sections nfthe current code and 2\ to clarify the intent and interpretation of various sections of the code dealing with accessory uses. The proposed amendments donot propose am jordeparturehnmtheourRgntprdinance and are intended primarily to clean up portions of the code that have been confusing or difficult toadminister inthe past, The initial basis for the proposed amendments was the identification of discrepancies between a building department setback handout and the zoning ordinance. Aspart of the regular review ofbuilding permits, ahsff also found that the requirements for accessory buildings were either difficult tofind oFinconsistent between various portion ofthe code. The proposed amendments should help clarify and simplify the review ofbuilding po[nnita, especially for accessory buildings. The proposed ordinance was reviewed during the course ofseveral Planning Commission meetings this past summer, and was recommended for approval. The regulations for accessory buildings may be found in two distinct sections ofthe Zoning Ordinance: within the development standards for each zoning district and as part of the designandperfonnanca standards that apply toall districts. The sections that would beimpacted bythe proposed changes include Sections 154.030through 154.068and Sections 154.092and 154.083. REVIEW OF PROPOSED AMENDMENTS: The proposed changes can besummarized asfollows: w The RE District provisions (Section 154,058) will be amended to add accessory building setbacks to the district table. This table will now include the front, sidg, street side, rear, and arterial street setbacks for accessory building aawell aoprincipal buildings. Since these setbacks were not previously identified elsewhere inthe code, the Planning Commission recommended that they follow the OPdistrict requirements with the exception Vfthe front yard setback (set ot1OOfeet bzbe consistent with the front yard setback for principal ntructunso). • Language in all zoning districts will be amended toclearly state whether o[not the dimensional requirements apply to pr(noipa|, accessory buildings, or both. Each zoning district table will include separate headings labeled "Principal Building Setbacks" and "Accessory Building Setbacks". At present, the code either uses these terms interchangeably or just uses ''Building Setbacks". There are currently two definitions that describe how tomeasure the height ufbui|dings:~Heightof Building" and "Building Height". The proposed ordinance eliminates one ofthese terms and adds a diagram to provide additional clarity concerning the interpretation of this measurement. The reference to roof height in Section 154.092, Subd. (A,2) will be removed. With this change, all accessory building heights will be calculated in the same manner as principal buildings. Specifica|!y, the definition noted above allows the averaging ofthe grade around the building and the averaging of the height between the highest ridge and eaysline todetermine the two points used hacalculate height. The accessory building height in all districts (except for agricultural buildings) will be amended to 18 feet (from either 14feet or2Ohaot). This figure isrecommended aoobalance between the previous roof height requirement of2O feet and the averaging that is allowed for mansard, gob|e, hip, and Qannbna| style roofs. The current requirement varies from district to district and there is no apparent reason for these discrepancies, The definition for atool shed has been revised todelete astatement related toroof height. These types ofstructures will still have aseparate height requirement that }nlower than other buildings, and in this case, will be reduced from 12 feet to 10 feet (to account for the averaging as noted above). Accessory buildings in the Open Space Preservation District are currently allowed to be built to a higher height than in other districts; this provision will be amended to reflect common height aon}3s all residential zoning districts, The current OPdistrict height limit is25feet and would bechanged tV 18feet under the proposed Ordinance. This change also reflects the definition change noted above, The requirements for maximum building height and door height will be included in the residential district tables only. The requirements for accessory buildings in industrial and business districts will therefore match the requirements for principal building in these districts. There are references tothe business and industrial district exemptions that can beeliminated from the current ordinance because of these changes. All language pertaining to size limits for the parking of passenger automobiles (found in Section 154,092 8uhd.D)will bedeleted. Rather then specifying aspecific size limit pf1.OD0square feet, the proposed amendments would limit the size ofattached and detached garages honomore than the footprint Vfthe principal structure. This change will help end confusion regarding space marked on building plans aastorage, workshop, qrmiscellaneous ueeage. Clarification will be added tospecify that building footprint will be used tocalculate the size requirements for mnaccessory building (not gross floor grea). This revision also provides for a blanket statement across all districts that an accessory building cannot exceed the size of principal structure. The current maximum size allowed for accessory buildings will not change and previously the size of the principal building was only relevant for parcels larger than 20,000 square feet. Section 154.092 Gubd. F and G will be amended to clarify that accessory buildings cannot exceed the height ofthe principal building in any zoning district with the exception of agricultural tgnn buildings and the exceptions hoheight listed elsewhere /nthe City Code. This change does not alter the intent of the current Ordinance. The table found in Section 154.093 has been updated to clarify the accessory building requirements for the smallest lot sizes in R'1 RED, and OP districts and to remove existing language that states the size ofaccessory buildings cannot exceed mprincipal structure. The revised statement |nSection 154.O02.Subd,Owill now cover this requirement. The Planning Commission could find noreason for ocut-off nf5,OOOsquare feet for the smaller lots inthis table, and with the proposed change, all lots less than one acre insize would begrouped together. Aprovision will be added to Section 154,092 that reads as follows: "The footprint of an attached garage shall not be larger than the footprint ofthe living area within the principal building. All garage space located under a living area or other garage space will not count towards the total attached garage area a|(ovved"Although this language does not place set limit unthe total area that could ba used for the parking of cars, the City'o building oVde, setback requirements, impervious nnvevoQe 2 ordinance, driveway standards, and other similar provisions with the code provide additional regulations that will limit the practicability of building on garage. The amendments should help simplify the review process for new accessory buildings by standardizing the organization of information and the consistency between each district. BACKGROUND INFORMATION: Of the proposed amendments, the changes to regulations concerning the parking of passenger automobiles represent the most significant nlodifioedongfrornthepneviousDrdinanoe. Under the current code, space devoted to the parking of automobiles cannot exceed 1.000 square feet, and this limit applies bzboth detached and attached garages. |npractice, this limitation has been very difficult tVadminister and enforce because the total size allowed for both accessory buildings in all districts exceeds this amount. As part ofits review, the Planning Commission determined that the use ofspace within an accessory building was not eeimportant aothe total size and height allowed, The Planning Commission's recommendation; therefore, igthat the total size ofall accessory buildings beregulated sn that they cannot exceed the size of the principal building on a lot (both for attached and detached structures). Under the proposed ordinance, the size ofaccessory buildings would still beregulated by district and would never be allowed to exceed the size of a principal building. All other changes are intended to provide consistency and clarity throughout the code, in some instances incorporating revised standards, improved definitions, or updated tables to accomplish this objective. PLANNING CDK8K4|SG(ON The Planning Commission reviewed the proposed ordinance amendments over the course of several meetings earlier this sunmnler, and conducted e public hearing on this matter on July 14 2008. There were no public comments received and the Commission unanimously recommended approval of the Ordinance amendments aedocument inthe attached Ordinance. RECOMMENDATION: The Planning Commission recommends that the City Council approved the proposed amendments to the accessory building provisions ofthe Zoning Ordinance. SUGGESTED MOTION FOR CONSIDERATION: Motion: Motion ¢> adopt Ordinance No. U8-01Oamending the accessory building regulations. Motion to adopt Resolution No. 00-049 authorizing summary publication of Ordinance No. 00-010 in the official City paper. ATTACHMENTS: 1. Ordinance No. 08-010 2. Resolution No. O8-O49(Summary Publication) 3, Summary of Proposed Changes (including summary table) ORDER [)FBU0NEGS-, - |ntroducbon----------------------'SuoanHoytCityAdmhlistrabu - Report ....... .............. ---......... —............... ......... ..... Kyle Klatt,Planning Director Questions from the CounciL------—---------KAayur&Cound|Mambera Questions/Comments from the public ... —....... ......... Mayor facilitates Call for aMotion (required for further discussion; does not imply approval of the motion .... .... —........... --...... ........ ........ Mayor facilitates - Discussion ..... —....... —......................... --- ----- ...... ...... ..... Mayor facilitates ' Action nnmotion ....... --- ..... ......... --......... —................... .... ....... —..... ... Council 4 Accessory Building Ordinance Updates Summary Table Proposed Changes to Existing Zoning Ordinance TABLE 1 — SETBACKS/IIE1GHT Accessory Bldg Setbacks AG AG RR RR RI R2 R3 Front 200 Side 200 Side (Street) 200 Rear 200 Rear (Garages, Boats, Storage, Tool) 200 Arterial Street 200 Height (for residential districts) Max Door Height (for residential districts) Number * Or 10% of lot width, whichever is greater 18 14 2 Oitted Aninal 30 30 100 30 30 50 10 10 100 I 10 10 20 25 25 100 25 25 50 40 40 100 40 40 50 10 10 100 10 10 20 50 50 100 50 50 50 18 14 2 R4 RE OP op 50 100 30 30 20 5015 15* 15* 50 I 8430 30 30 50 4-0015 40 40 20 4-0015 15* 15* 50 1-5050 50 50 18 18 18 18 18 18 18 18 18 14 14 14 14 14 14 14 14 14 1 1 1 1 1 1 1 1 Notes: • Building height will be calculated in accordance with the definition in the City Code. References to maximum roof height have been eliminated in the accessory building section. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-010 AN ORDINANCE TO AMEND ACCESSORY BUILDING REGULATIONS Section I. The City Council of the City of Lake Elmo hereby ordains that Section 11.01 (Definitions) is hereby amended to remove the following definition: HEIGHT OF BUILDING. The vertical distance between the lowest grade level at the building line and the uppermost point on the roof. and to add the following diagram to the definition of BUILDING HEIGHT so that it reads as follows: BUILDING HEIGHT. The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by building to the highest point of the roof for flat roofs; to the roof deck line of mansard roofs; and to the mean height between eaves and highest ridge for gable, hip, and gambrel roofs. Rid e Eave r Highest Point of Roof Building Height (Flat or Shed Roof) Average Distance Between Ridge and Eave Building Height Gable, Hip or Gambrel Roof) Deckline Building Height Mansard Roof) Page 1 of 10 Section 2. The City Council of the City of Lake Elmo hereby ordains that the Minimum District Requirements tables found in Sections 154.036, Subd. (D); 154.041, Subd, (C); 154.044, Subd. (C); 154.047, Subd. (C); 150.180, Subd. (B, 2, h) are hereby amended in the following manner: Section 154.033 (D) Minimum district requirements, Agricultural Zoning District Lot Size Lot Width Farm Dwellings and Related Structures and Non -Farm Dwellings Activities and Non -Farm Dwellings if not and Activities if Clustered Clustered Nominal 40 acres 1-1/2 acres (if clustered) A 1 A 40-acre parcel not reduced by more than 10% due to road rights -of -way and survey variations 300 feet 125 feet Primary Building setback from property lines: (Also see § 154.082) Front: 200 feet Side (Interior): 200 feet Rear: 200 feet Side Corner: 200 feet Arterial Street: 200 feet Primary Building Height (Also see § 154.083) 35 feet Off -Street Parking (Also see § 154.095) N/A 30 feet 10 feet 40 feet 25 feet 50 feet 35 feet 3 spaces per dwelling unit Accessory Building or Structure setback from property lines: (Also see §§ 154.092 and 154.093) Front: r 200 feet 30 feet .. „ -..,..,..... , . . , Side (Interior): - 200 feet 10 feet - Rear: 200 feet : 40 feet Mall:11,1,1.11.0.1,11,..11,1,1,..111,1.1.111111111:111,1111,1,11,11,111.1mIllgt.,1,11011411111,1411,11k,1111.1.1.1u1:1111.1:1:111.1.1.1.111.1pig .1 :LI J.1,1, rilAILI.O.A. t InJ111111111,1:1111.1. 1.1.11,11,1:4,411,1a111,1.11,11.1...I.AlaiLIA.Illii.1.1", VII..1 , Liii.:1114...tlitt !MIMI!, ., .0.0.11.,111::011:1'10,1.1111.40.1.,1.1,11111.1 0 4.: 14 I. itrikiMIIIICIIIMII. Rear (detached residential aaraoes. and storacte. boat. and 200 feet E 10 feet tool sheds) Side Corner: 200 feet 25 feet Arterial Street: 200 feet i 50 feet. Section 154.036 (D) Minimum district requirements. Rural Residential Zoning District Lot Size Nominal 10 acres A 10-acre parcel not reduced by more than 10% and/or a 10-acre parcel located on a corner or abutting a street on 2 sides not reduced by more than 15% due to road right-of-way and survey variations 5 to 7 acres if clustered Page 2 of 10 Lot Width (See § 153.04) 00 feet Primary Building or Structure Setbacks from property lines (Also see § 154,0 2) Front: Side (Interior): Side (Corner): Rear: Arterial Street: 30 feet 10 feet 25 feet 40 feet 50 feet I125 feet 30 feet 10 feet 25 feet 40 feet 50 feet .'1.10.411:11,0.1111:l11: t11:. 4,1,11 11. 11111.1.111,1,1P.IIIIJIIIIIIIIIIIIU1 II 0111 11111,11,0 1114. ',114.1v11'.1.11111( .1.11111111Ill'I'Ill.i 411,14 ',I.1:.1.6l1.1.I1:10.1.1,11.1:11,161.11ILIIII 'II I.: I : 1.1.11mulikol,10,11411:1,UPILAIU IIIIU1.11111.111.1/1.131,1.1. 'Io.IIIII11.1:11,1I+11.1.1'.11.1..1:4'1,6 'ICI' 1,19 1.0.11.4411.1,,,,A1,41I11,1,1111 Primary Building Height (Also see § 35 feet 154.083) . . Off -Street Parking 3 speces per unit same (Also see § 154.095) I I Accessory Building or Structure setbacks from property lines: (Also see §§ 154,092 and 1 4.093) Front: 30 feet 30 feet 10 feet Side Corner: 25 feet 25 feet Side (Interior): 10 feet Rear: 40 feet 40 feet Rear (detached residential oaraaes. 10 feet 10 feet and storaoe. boat. and tool sheds) Arterial Street: 50 feet Aseessen),-Bu-i-Icti-ng M AsGsee 11 feet 151.083) Section 154.041 (C) Minimum district requirements, R-1 Zoning District 50 feet ---11“eet Lot Size 1-1/2 acre per unit without sanitary sewer; 24,000 square feet per unit with sanitary sewer Lot Width 125 Feet Primary Building or Structure Setbacks from Property Lines (Also see § 154.082) Front: 30 Feet Side (Interior): 10 Feet Side (Corner): 25 Feet Rear: 40 Feet Arterial Street: 50 Feet :61.A1.114!: : 1.111.11111.01.11,441.11lt,Illa U41111141.1. d/.1:411.4 00,11111.!1{1411,11{IIIIIIIIIIIIIIIII11,4111411,111,11,411.11.1.I.1.1.III'..I'llilL4:141.1'111111111111III: LOL ILILL.,,.i;1•1,01,1403,11144111.11,11::1111,1111,1114L1.11II4 Primary Building Height (Also see § 154.083) 35 Feet Accessory Buildings or Strructure Setbacks from Property Lines (Also See §§ 154.092 and 154.093) Front: 30 feet Side (Interior): 10 feet Page 3 of 10 Side (Street): Rear: Arterial Street: Assessopy-aullding Section 154.044 § i5483, (C) Minimum district requirements. R-2 Zoning District Lot Size 25 feet 10 feet 50 feet 2-0-feet , One -Family: 1-1/2 acre per unit without sanitary sevver; 7,500 feet per unit with sanitary sewer , . Two -Family: 1-1/2 acre per unit without sanitary sewer; 6,000 square feet per unit with sanitary sewer Lot Width One -Family: 75 feet at front yard setback line with nita sewer; 125 feet without sanitary sewer Two -Family: 100 feet at front yard setback line with sanitary sewer; 200 feet without sanitary sewer 01011.111 111,1 111411.111,1.1161.1J11.111.11111.1.11.: 11/1 1.11441MM 11101,11414111,1i 11,111,, 1.4,111111 C1.11.U.“.111:.1“11i1.1A 4.1ti 11.110.1 111411,.0 Y111,11.11 Y. 1111.111.1i.11,,.111111...1111.1. LI,L.111.1111,11:1X1.111/11,1.4,11.114.1 M....11.1..11.1.1.0,11111111111111.11.11111..1.11111,1, 11.1 {I, Ilk P.11.4 1.1.,,IY11141.11.4.1111 1111 Principal Building setbacks from property lines (Also see § 154.082) Front: 30 Feet Side (interior): 10 Feet Side (Corner): Rear: Arterial Street: Primary Building Height (Also see § 154,083) IAccessory Buildings and Structures setbacks from Property lines. Front: Side: 25 Feet 40 Feet 50 Feet 35 Feet (Also See 30 feet 10 feet Side (Street): 25 feet IRear: 10 feet Arterial Street: 50 feet Asescssry Eililding-and-Structures-Height 1-4-feet 1-54,083) Section 157.047 (C) Minimum district requirements. R-4 Zoning District Lot Size 154.092 and 154.093) 0 Square Feet per Unit Page 4 of 10 Lot Width Principal Building and Structure Setbacks fror Front: Side (Interior): Side (Corner): Rear: Arterial Street: Building Height (Also see § 154.083) Accessory Buildings and Structures Setbacks Front: Side: Side (Street): Rear: 100 Feet at Front Yard Setback Line property lines (Also see § 154.082) 50 Feet 20 Feet 50 Feet 50 Feet 50 Feet 35 Feet om prooertv lines. (Also See 50 feet 20 feet 50 feet 20 feet Arterial Street: 50 feet AeoersoHoig114-(gee � 151,383) 44-feet Section 150.048 (C) Minimum district requirements. RE Zoning District Lot Size Subdivision Density Lot Configuration Area of Building Site Principal Building and Structure Setbacks fro Front: Side (Interior): Side (Corner): Rear: Collector/Arterial Street: Frontage on Public Roadway Primary Building Height (Also see § 154.083; Accessory Buildings and Structures Setbacks (Also see 154.092 and 154.093) Front;. ISide: §§ 154.092 and 154,093) 2-1/2 minimum (108.750 square feet) to 10 acres (435.600 square feet) 3.33 acre average - No outlots to remain within subdivision Lots must be configured to contain a circle with a diamete r of 250 feet minimum: the ratio of lot length to width shall be a maximum of 3:1 — Flag lots are prohibited A minimum of 1.25 acres of land above the flood plain and free of any drainage easements property lines: (Also see § 154.082) 100 Feet Mieir u m 50 Feet Miry 'murxr 80 Feet Mieireum 100 Feet Miaimere 150 Feet M+r rn4a 150 feet minim44m, except 70 feet at the end of cule-de-sa c streets 35 Feet 100 feet 15 feet Page 5 of 10 Side (Street): Rear: Section 150.080 (h) Minimum district requirements. Open Space Preservation District (OP) Maximum Building Height: Single -Family Townhouse Primary Structure 2 and %stories or 35 feet 2 and Yz stories or 35 feet Aesesse 25-feet 4—story-sr 20 feet, whichever -is leers Minimum Lot Width: NA NA Yz acre lot; 1 acre lot Maximum Impervious Surface Coverage: Gross Lot Area Mtnimum-Principal Building and Structure Setbacks Requiremeetsfrom property lines (Also see & 154,082): Front Yard No more than 15% for the primary structure and driveway; but up to 17% total when including ail other impervious surfaces NA 30 feet 20 feet ol 11141114,11. 11.111111111111114 11.141111411.411.1i1111144411111144111WW111141.14010 4.41' 1411114.141111.11 .1.111111111111 401 14 1411 40 414111111 11' 1111,141,411111111411411111111111111111111111114111141.11,11111,111111111111111.111.11111111111111111.111.111.111.:HLINIL1111,1111AIIIIIS 114111011111.11111141,44111101114.1 1101011 I I 14.11111111,111„114111,1, 1:411441141.141.14111.041,1_ Side Yard Corner Lot Front Corner Lot Side Yard Rear Yard: Arterial Street: Well From Septic Tank Accessory Buildings and Structures Setbacks Also see && 154.092 and 154.0931 15 feet or 10% of lot width, whichever is 15 feet or 10% of lot width, whichever is greater greater 30 feet 30 feet 30 feet 40 feet 50 feet 50 feet Front: ! 30 feet Side: 15 feet or 1 greater Side (Street): 30 feet Rear: lot width. whichever is 15 feet or 10% of lot width, whichever is greater Arterial Street: 50 feet 30 feet 40 feet 50 feet 50 feet 30 feet feet or 10% of lot width, whichever is greater 0 feet 5 feet or 10% of lot wid reater 50 feet hichever is Page 6 of 10 Section 3. The City Council of the City of Lake Elmo hereby ordains that Section 154.092 is hereby amended to read as follows: 154.092 ACCESSORY BUILDINGS AND STRUCTURES. (A) Types of accessory buildings include storage or tool sheds; detached residential garage; detached rural storage building; detached domesticated farm animal buildings; agricultural farm buildings. The accessory buildings are defined as follows: (1) STORAGE OR TOOL SHED. A I -story accessory building of less than 160 square feet gross area with a maximum Foe -height of -1-2-10_feet and exterior colors or material matching the principal structure or utilizing earthen tones. No door or other access opening in the storage or tool shed shall exceed 28 square feet in area. (2) DETACHED RESIDENTIAL GARAGE. A 1-story accessory building used or intended for the storage of motor driven passenger vehicles regulated in I § l54.O93aeef4ieight-of 20 feet. No door or other access opening shall exceed 14 feet in height. The exterior color, design, and materials shall be similar to the principal structure. (3) DETACHED RURAL STORAGE BUILDING. A 1-story accessory building used or intended for the storage of hobby tools, garden equipment, workshop equipment and the like. Exterior materials shall match the principal structure in exterior color or be of an earthen tone. (4) DETACHED DOMESTICATED FARM ANIMAL BUILDING. A 1-story accessory building used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. The building shall require a Minnesota Pollution Control Agency feedlot permit and site and building plan approval. (Am. Ord. 97-38, passed 11-17-1998) (5) AGRICULTURAL FARM BUILDING. An accessory building used or intended for use on an active commercial food -producing farm operation of more than 20 acres, a Minnesota Pollution Control Agency permit may be required. (B) A tool shed as defined in this section may be placed on any lot in addition to the permitted number of accessory buildings. (C) No accessory building shall be constructed nor accessory use located on a lot until a building permit has been issued for the principal building to which it is accessory. (D) g used or intended for the storage autemobile-s- shall exceed 1,‘00 square feet of gros5 aroa, other opening, ed the height of 10 feet, nor Ethan height enaept-wh Z11 the garages are lc,eated in boriineoLi, ind Page 7 of 10 dc,velopment3. On -parcels of 20,000 square building or garage shall exceed . The footprint of any detached accessory building shallnot be larger than the footDrint of the principal building. (E) The footprint of an attached garage shall not be larger than the footprint of the living area within the principal building. All garage space located under a living area or other garage space will not count towards the total attached garage area allowed (F) An accessory building shall be considered as an integral part of the principal building if it is located 6 feet or less from the principal building. The exterior design and color shall be the same as that of the principal building or be of an earthen tone; the height shall not exceed the height of the principal structure unless more restrictive portions of this chapter prevail. (G) Accessory Building Height. (1) No accessory building in -a commercial or in4i11is4esha11 exceed the height of the principal building:except for agricultural farm buildings and the exceptions to building height listed in Section 154.083. (2) No detached building accessory to a residential structure or located in a residential district shall exceed 18 feet in height, except as otherwise permitted as an exemption from the district height requirements under Section 154,083. (G) No ac32osor, buildings in ovelopments-3hall exceed the height (H) Accessory buildings in the commercial and industrial districts may be located to the rear of the principal building, subject to the Building Code and fire zone regulations. No detached garages or other accessory buildings in residential districts shall be located nearer the front lot line than the principal building on that lot, except in AG, RR, and R-1 Districts where detached garages may be permitted nearer the front lot line than the principal building by resolution of the City Council, except in planned unit developments or duster developments. (Ord. 97-107, passed 4-16-2002) (J) Accessory structures located on lake or stream frontage lots may be located between the public road and the principal structure, provided that the physical conditions of the lot require such a location and a resolution is issued, In no event shall the structure be located closer than 20 feet to the public right-of-way. (K) All accessory buildings over 35 square feet in area shall have a foundation, concrete slab or wind anchor. Buildings larger than 100 square feet shall Page 8 of 10 require a building permit regardless of improvement value. Roof loads and wind loads shall conform to requirements as contained in the Building Code. (L) The required rear yard setbacks for detached residential garages, and storage, boat, and tool sheds shall be a distance equal to the required side yard setback for each zoning district, except on through lots when the required rear yard setback in each zoning district shall apply. (M) Performance standards for detached agricultural buildings and domesticated farm animal buildings on parcels of less than 20 acres shall include the following: (1) Setbacks. All animal buildings, feedlots, and manure storage sites shall be set back in accordance with the underlying zoning district regulations. (2) Slopes. The building, feedlot, or manure storage shall not be placed on slopes which exceed 13%. (3) Water level. Evidence of the seasonally high groundwater level or mottled soil (as established by 8-1/2 foot borings) shall not be closer than 6-1/2 feet to the natural surface ground grade in any area within 100 feet of the proposed building and/or feedlot. (4) Wetlands. No marsh or wetland (as established by the predominant wetland vegetation and/or soils) shall be utilized for placement of the proposed structure, feedlot, or grazing area. Section 4. The City Council of the City of Lake Elmo hereby ordains that Section 154.093 is hereby amended to read as follows: § 154.093 NUMBER/SIZE OF ACCESSORY BUILDINGS. The maximum number and size of accessory buildings permitted in each zoning district shall be as follows. No accessory building shall be constructed unless there is adequate room for the required secondary drainfield site. Maximum Number and Size of Accessory Buildings Residential - R-1, RED, and OP I Over 5,004-square feet -hat -less than 1 acre A combined 1,200 square feet total for both attached and detached accessory structures or residential garage; shed Gtracture shall of theia Page 9 of 10 From 1 acre to 2 acres Over 2 acres One 1,200-square foot detached residential, garage or building, in addition to an attached garage One 1,300-square foot detached residential garage or building in addition to an attached garage Section 5. Adoption Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. This Ordinance No. 08-010 was adopted on this 5'1' day of November 2008, by a vote of Ayes and Nays. Mayor Dean Johnston ATTEST: Susan Hoyt City Administrator This Ordinance No. 08-010 was published on the day of , 2008. Page 10 of 10 CITY OF LAKE ELMO RESOLUTION NO. 2008-049 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 08-010 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. 08-010, an ordinance to amend certain provisions of the zoning ordinance concerning accessory buildings; and WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes. section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lake Elmo, that the city administrator shall cause the following summary of Ordinance No. 08-010 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No. 08-010. The ordinance incorporates the following changes: • The RE — Residential Estate District provisions (Section 154.058) are amended to add accessory building setbacks to the district table. This table now includes the front, side, street side, rear, and arterial street setbacks for accessory buildings as well as principal buildings, and follows the OP district requirements with the exception of the minimum front yard setback. The front yard setback for accessory building in an RE zoning district is set at 100 feet to be consistent with the front yard setback for principal structures in this district. • The tables describing the minimum requirements for certain districts are amended to clearly state whether or not the dimensional requirements apply to principal structures, accessory buildings, or both. Each zoning district table includes separate headings labeled "Principal Building Setbacks" and "Accessory Building Setbacks". One of two conflicting definitions for "Building Height" is eliminated and a table added to clarify the interpretation of this measurement. The reference to roof height in Section 154.092, Subd. (A,2) is removed. With this change, all accessory building heights will be calculated in the same manner as principal buildings. Specifically, the definition noted above allows the averaging of the grade around the building and the averaging of the height between the highest ridge and eave line to determine the two points used to calculate height. The accessory building height in all districts, except for agricultural buildings, is amended to 18 feet (from either 14 feet or 20 feet). This figure serves as a balance between the previous roof height requirement of 20 feet and the averaging that is allowed for mansard, gable, hip, and gambrel style roofs. The definition for a tool shed is revised to delete a reference to roof height. These types of structures will still have a separate height requirement that is lower than other buildings, and in this case, will be reduced from 12 feet to 10 feet to comply with the revised definition for building height. Accessory buildings in the Open Space Preservation District are currently allowed to be built to a higher height than in other districts; this provision is amended to reflect a common height across all residential zoning districts. The current OP district height limit is 25 feet and is lowered to 18 feet. This change also reflects the revised definition for building height. The requirements for maximum building height and door height are deleted from all sections except the residential district tables. With this change, the requirements for accessory buildings in industrial and business districts will therefore match the requirements for principal building in these districts. 'There are references to the business and industrial district exemptions that are eliminated from the current ordinance with these changes. The maximum size of the area devoted to the parking of passenger automobiles (found in Section 154.092, Subd. D) is eliminated. Rather then specifying a specific size limit of 1,000 square feet, the ordinance will limit the size of attached and detached garages to no more than the footprint of the principal structure. The ordinance clarifies that building footprint is used to calculate the size requirements for an accessory building (not gross floor area). This revision also provides for a blanket statement across all districts that an accessory building cannot exceed the size of a principal structure. The current maximum size allowed for accessory buildings is not being amended. Section 154.092 Subd. F and G are amended to clarify that accessory buildings cannot exceed the height of the principal building in any zoning district with the exception of agricultural farm buildings and the exceptions to height listed elsewhere in the City Code. The table found in Section 154.093 is updated to simplify the accessory building requirements for the smallest lot sizes in R-1, RED, and OP districts and to remove existing language that states the size of accessory buildings cannot exceed a principal structure. The revised statement in Section 154.092, Subd. D will now cover this requirement. A provision is added to Section 154.092 that reads as follows: "The footprint of an attached garage shall not be larger than the footprint of the living area within the principal building. All garage space located under a living area or other garage space will not count towards the total attached garage area allowed". Although this language does not place set limit on the total area that could be used for the parking of cars, the City's building code, setback requirements, impervious coverage ordinance, driveway standards, and other similar provisions with the code provide additional regulations that will limit the size of a garage. The full text of Ordinance No. 08-010 is available for inspection at Lake Elmo city hall during regular business hours. Mayor Dean Johnston BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: , 20 ATTEST: Susan Hoyt City Administrator (SEAL) Mayor Dean Johnston The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted.