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HomeMy WebLinkAboutCity Council Agenda Packet 11-20-2012 (2) T1 I i- CHIT0 LAKE ELMO Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character N 0*7-*14 C E 0 F KE"E 7-JENG3 City of Lake Elmo 3800 Laverne Avenue North City Council Meeting Tuesday, November 20,, 2012 7:00 P.M. A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. ORDER OF BUSINESS/GROUND RULES F. ACCEPT MINUTES 1. Accept November 7, 2012 City Council Minutes 2. Accept November 9, 2012 Lake Elmo Canvassing Board Minutes G. PUBLIC COMM ENTS/INQUIRIES H. PRESENTATIONS a. Acknowledge and Accept Equipment Donation to Fire Department from the Lake Elmo Rotary b. Dave Boucheck, Valley Branch Watershed District Update c. Trunk Highway 5/CSAH 17 Road Safety Audit Process and Scope of Work - Presentation by MnDOT L CONSENT AGENDA Note: Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 2. Accept Financial Report dated October 31, 2012 3. Accept Building Permit Report dated October 31, 2012 4. Approve Payment of Disbursements and Payroll 5, 2012 Rain Garden Project - Change Order No. 1 6. 2012 Rain Garden Project - Pay Request No. 1 7. 2012 Street and Water Quality Improvements - Pay Request No. 3 8. Whistling Valley I-III Additions - Resolution Accepting Public Improvements 9. Accept New Insurance Agent of Record 10. Variance - 8961 37th Street North (Lot Dimension Variance: See Planning Packet) 11. Variance - 974 Jasmine Avenue North (Accessory Building Variance: See Planning Packet) J. REGULAR AGENDA 12. Approve to put out RFP for New Year-End Audit Firm 13. Animal Control Contract with Companion Animal Control LLC 14. Application for Council Vacancy - January 2, 2013 15. Adoption of 2013 City of Lake Elmo Plan of Work K. SUMMARY REPORTS AND ANNOUNCEMENTS ® Mayor and Council ® Administrator ® City Attorney ® City Engineer ® Planning Director ® Finance Director M. Adjourn LAKE EL MO CITY COUNCIL MINUTES NOVE BE , 2012 CITY OF CAFE ECMO CITY COUNCIL MINUTES NOVEMBER y, 2012 Mayor Johnston called the meeting to order at 7:00 P.M. PRESENT: Mayor Johnston, Council Members Smith,Pearson, and Park. Also Present: City Administrator Zuleger, City Attorney Snyder, City Engineer Griffin, Finance Director Bendel, Planning Director Klatt,and City Clerk Bell. APPROVAL OF AGENDA MOTION; Council Member Pearson moved to approve the November 7, 2012 City Council Agenda as presented. Council Member Park seconded the motion. Motion passed 4-0. ACCEPT MINUTES ITEM ]: THE OCTOBER 16, 2012 CITY COUNCIL MINUTES WERE APPROVED AS PRESENTER BY CONSENSUS OF THE CITY COUNCIL. Mayor Johnston inquired about the discussion regarding the purchase and sale of the Arts Building. His understanding was that park funds were used for the purchase. He asked if the funds from the sale would be returned to the parks fund. City Administrator Zuleger confirmed that Park funds were used and any funds would be returned to that fund upon the sale. The mayor also asked for confirmation on the previous request for an executive session at tonight's meeting. City Administrator Zuleger stated that due to developments in the ongoing litigation,that executive session would need to be held at a later date. PUBLIC COMMENTSA UIQ- RIES: Dave Moore, Stillwater Boulevard, expressed his belief that the intersection on Laverne in front of the Arts Building contains water and could easily be addressed and remedied by public works as part of the infrastructure of the city. Peter Eggen, 5250 Keats Avenue, spoke on the water improvement and road funding. There are forty houses on cul de sacs. All have access to Keats Avenue. These properties are not paying anything. They use the road twice as much. He cited a Minnesota statute that allows assessing properties based on "benefits received." He claimed that the properties on the cul de sacs use it twice as much and benefit from it. Spread out the payments to everyone. Regarding the water project, Mr. Eggen stated he is being forced to have it but would not benefit from it.He wants the city to place a fire hydrant by each street.This would make him feel safer,and he would be happy to pay for it.He also stated that no one on Keats Avenue wants city water. PRESENTATIONS: Page 1 of 6 LADE ELMO CITY COUNCIL MINUTES NOVEMBER, 2012 MNDOT PRESENTATION ON THE 2013 HILTON TRAIL, INTERCHANGE/ DEMON T REVILLE TRAIL.J-TURN PROJECT Adam Josephson of MnDOT reported he will be back on November 20, 2012 to address the State Highway 5 safety audit. Curt Fakler, project manager, presented an overview of the upcoming projects affecting the Demontreville area. He highlighted the impact on area roads. He spoke about the traffic and safety benefits and improved traffic flow. There is an upcoming open house at Lake Elmo city hall from on November 15, 2012 from 4-7 PM. There will also be an open house at Mahtomedi city hall on November 19,2012. A discussion was had regarding how these projects met the stated goals and objectives that Lake Elmo has for the long-term. Council Member Pearson inquired about the projects interim status. Mr.Josephson stated there are not any planned future projects at this time. Much will depend on the results of the future studies. Council Member Smith noted that the city wants to work with MnDOT and expressed her hope that MnDOT wants to work with Lake Elmo. She thanked MnDOT for its efforts. CONSENT AGENDA, 2. Approve Payment of Disbursements and Payroll 3. Post-Issuance Tax Compliance Procedures for Tax Exempt Bonds 4. 2012 Crack Seal Project-Pay Request No. 1 (Final) 5. Approve Resolution 2012-5S State of Minnesota Redevelopment Grant Program - A Resolution Accepting the DEED Water System infrastructure Grant 6. Keats MSA Street and Trunk Watermain Improvements -Approve Engineering Design and Construction Support Services Contract 7. Accept Resignation of City Clerk Sandy Thone, and Appoint Adam Bell as City Clerk, Resolution 2012-56 MOTION:Council Member smith moved to approve the Consent Agenda as presented. Council Member Pearson seconded the motion. MOTION PASSED 4-0. REGULAR AGENDA ITEM B: APPROVE CONDITIONAL USE PERMIT FOR GRADING PROJECT AT 9242 HUDSON BOULEVARD; RESOLUTION 2012-57 Planning Director Klatt provided an overview on the CUP application. He explained the location and surrounding area.The reason for the grading project is to expand the existing area currently being used by Summit Board Shop. Applicant hopes that the expansion of the ski hill would grow his business.Mr.Klatt explained that city approval is required due to volume of earth being moved. Page 2 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER, 2012 Staff conducted historical research on the site. Along with the site constraints,which include a BP Pipeline Basement, a septic system, and access to the site the storm water pond, there are issues involved with the site, namely whether the parking situation conforms to the original site-plan, previously approved legal non-conforming setbacks, and finally, related watershed district requirements. The project involves grading of approximately five acres and will substantially alter the site. The grading will raise the site height from 1035 feet elevation to 1070 feet elevation. Impacted property owners have signed off. Mr. Klatt explained the land/environmental impact and what staff recommends as conditions/restrictions. Mr.Klatt reported that the Planning Commission does recommend council approval with 12 conditions of approval as noted. Council Member Smith inquired about a recent event held at the site and noted that there did not appear to be a problem with parking. Applicant Joe Heinen, owner of Summit Board Shop, further explained the parking situation. One suggestion made is to use additional parking in back, primarily for employees,to address any ensuing parking issues.A discussion was had explaining the specifics of the actual hill and its potential uses. Ms. Smith expressed her pleasure with the offering. She really likes the concept. Mayor Johnston noted a concern regarding the noise and the removal of trees. Mr. Klatt explained that one of the recommended conditions was the replacement of some of the trees lost and replacement of the existing screening.The applicant understands that this is a condition. Council Member Pearson inquired if the recommended motion included the Planning Commission recommended conditions. Mr.Klatt confirmed that it did. MOTION: Council Member Pearson moved to approve RESOLUTION 2012-57, CONDITIONAL USE PERMITALLOWING THE SUBSTANTIAL GRADING PROJECT AT 9242 HUDSON BOULEVARD Council Member Park seconded the motion. MOTION PASSER 4-0. Council Member Smith expressed her concerns about requiring the replacement of trees when future development may require repeated removal.The mayor felt it was appropriate and relies on staff recommendation.Council Member Park suggested that this property may retain the concerned trees for 15-20 years.Ms.Smith noted the difference between traffic noise and kids playing. ITEM gc LIBRARY BOARD APPOINTMENTS City Administrator Zuleger gave an overview of library board nomination history. He explained that the board may want to expand to a seven member board, but has not taken action as of yet. He explained the appointment recommendations,which includes re-appointing Steve DeLapp and Sara Linder to three-year terms if the board remains at five regular members. He also explained the Page 3 of 6 LADE ELMO CITY COUNCIL MINUTES OVE BE , 2012 nominating committee's recommendations of appointing Renee Murray to a three-year term new board member, Marjorie Williams to a one-year term new board member, and Anne Bucheck as a two-year term alternate. The library board is planning a retreat and should have more information after that. Mayor Johnston suggested reappointing Steve DeLapp and Sara Linder to three year terms and wait for the board to meet and decide whether to expand its size. MOTION: Mayor Johnston moved to APPOINT STEVE DELAPP TO A THREE-YEAR REGULAR BOARD TERM AND SARA LINDER TO A THREE-YEAR REGULAR BOARD TERM AND DELAY OTHER APPOINTMENTS UNTIL AFTER THE LIBRARY BOARD TAKES ACTION, Council Member Park seconded the motion. MOTION PASSED 3-1,SMITH NAY Council Member Smith explained her NO vote.She has no issues with the candidates,but she would like to see the library get back into the Washington County library system sooner rather than later. At that point, no board will be needed NEW BUSINESS ITEM 10:REQUEST FOR CONNECTION TO 32ND STREET 201 SYSTEM City Administrator Zuleger provided an overview of the subject property's history and septic issues. The homeowners approached the city requesting to connect to the system so the property can be sold. Jack explained that the 201 Wastewater System was built using federal grants in 1987. Seven homes are currently on system.The system was designed to last a long time.The concern that staff has is that system life is reduced by adding additional properties. The county reported that system is operating at 50%. if the system fails in the future, there is sufficient space to install a mound system. The property is also in MUSA area and so someday-10-IS years—there will be sewer installed in that area. Because there are fall backs,staff considers this a reasonable request. Mr. Griffin explained how connection costs were reached. The original 1,987 connection cost was indexed to 2012 values.The indexed cost is$8,325. Council Member Smith inquired about the property and how long it has existed. Mary Schwarz, property owner, explained that they have lived there for approximately 27 years. Ms. Schwarz further explained that the septic system was not failing, but rather became non-compliant due to changes in the state requirements. Mayor Johnston noted that the updated regulations will cause similar problems for many homes in LE. Ms. Smith asked about whether installing a holding tank would be cheaper if future sewer was planned for the area. Mr. Griffin said that the planned sewer installation was too far away to consider at this time. Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES NOVEMBER, 2012 Council Member Pearson inquired about how the 201 system would be handled when city sewer is brought to that area. Mr. Griffin explained that waivers will be given for the subject properties to allow for connection. MOTION: Council Member Smith moved to approve RESOLUTION 2012-59, ALLOWING THE SCHWARTZS AT 10961 32ND STREET TO CONNECT TO THE CITY'S 201 WASTEWATER SYATEM LAYING $8,325 AND PERMIT STAFF TO DRAFT CONNECTION AGREEMENT REGARDING FUTURE SEWER HOOK UP AND COMPLIANCE ISSUES. Council Member Pearson seconded the motion. MOTION PASSED 4-0. SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Park- congratulated the new council members and mayor. Council Member Pearson reported attending a city staff meeting. She commended City Administrator Zuleger on the meeting. Council Member Smith commended City Administrator Zuleger for helping city move in the right direction.She also congratulated Justin Bloyer and Council Member Pearson on their elections. She added that it was inappropriate for the Mayor to bring up the dismissal of the complaint with the OAH at the council meeting.There is a need for change in the way campaigns are conducted. Mayor Johnston reported receiving letter from the Office of Administrative Hearings dismissing all election complaints against him without any action. The letter will be entered as an exhibit to tonight's meeting. The Mayor noted that Michael Gerster, Government Relations Director for the Oakdale Gun Club,was in attendance. Lake Elmo has a very strong relationship with the club and is looking forward to continue working on safety improvements. City Administrator Zuleger reported the 2013 plan of work draft. He hopes to complete it prior to the Truth in Taxation hearing. He reported soliciting requests for proposals for a park survey. Staffing updates: Adam Bell appointed as new City Clerk; replacing him with a Program Specialist position instead of a Deputy Clerk; extended an offer for an Accounting/Utility Clerk. Public Works Director is working on hiring a Parks Maintainer. He added attending a Greater MSP meeting with the Mayor and had a great talk with many other administrators and mayors. Making great strides in development leads. Good networking opportunity. City Attorney Snyder No report City Engineer Griffin No report Page 5 of 6 LAKE ELMO CITY COUNCIL MINUTES OVEMBER, 2012 Planning Director Klatt reported holding Design Standards workshop. Hope to get recommendations to planning commission within the next month. Thecning meeting kickoff with Damon Farber&Associates at 7AM on 11/8. Finance Director Bendel reported benefit renewals are coming up. Premiums went up very little. Minnesota sales tax audit went well. Starting on base rate case analysis. Accounting clerk will be starting November 26. Adjourned open meeting at 8:18 P.M. LAKE ELMO ary COUNCIL Brett Emmons, Mayor Pro Tern Adam R. Bell, City Clerk Page 6 of 6 CITY OF LAKE ELMO WASHINTONG COUNTY,MINNESOTA STATE OF MINNESOTA Minutes of the Canvassing Board Meeting Held Friday,November 9, 2012 Pursuant to due call and notice thereof,the canvassing meeting of the City Council, City of Lake Elmo, Minnesota was held at 4:00 pan. at City Hall, 3800 Laverne Avenue North,Lake Elmo, Minnesota. CALL TO ORDER Mayor Johnston called the meeting to order at 4:04 p.m. The following members were present: Council Members Emmons, Smith, and Pearson. OATH OF OFFICE All members of the city council took the oath of office as canvassing board members. 1, (Name),do solemnly swear to support the Constitution of the United States, the Constitution of the State of Minnesota, and to discharge faithfully,justly, and impartially the duties of the office of the Canvassing Board of the City of Lake Elmo, Minnesota, to the best of my judgment and ability, so help me God. RESULTS CANVASSING City Clerk Adam Bell reviewed the results of the 2012 general election race for Lake Elmo mayor and city council. The results were presented by precinct and showed that Mike Pearson was the winner of the mayoral race and Justin Bloyer and Anne Smith were the winners of the city council race. Council Member Smith moved to adopt Resolution 2012-58,"RESOLUTION CANVASSING THE RESULTS OF THE 2012 GENERAL ELECTION AND DECLARING THE WINNERS." Council Member Emmons seconded the motion. Motion passed 4-0. ADJOURN There being no further business to come before the canvassing board,Council Member Smith moved to adjourn the meeting. Council Member Pearson seconded the motion. Motion passed 4-0. Time of adjournment was 4:07 P.M. Brett Emmons,Mayor Pro Tem. ATTEST: Adam Bell,City Clerk 'rf ii­; ('rry ()r7 L I"- A. E E L M MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM#-. H(a) MOTION AGENDA ITEM: ROTARY DONATION TO FIRE DEPT, SUBMITTED BY: Chief Greg Malmquist THROUGH: REVIEWED BY: SUMMARY AND ACTION REQUESTED: PRESENTATION — Acknowledge and accept equipment donation from the Lake Elmo Rotary. STAFF REPORT: Rotary contributed $8500 toward the purchase of the following: I-Ruggedized computer tablet, w/base, remote keyboard, desktop keyboard and warranty for FD Duty Vehicle. 4-Pulse/Oxirneters for medical response baseline vitals. These units are placed in our 2 Duty Vehicles as ell as our first out medical response trucks. They allow us to obtain oxygen levels as well as pulse readings in our patients. 1-Ice Machine for Station #1. The primary use of this will be to provide ice, 24/7 at an incident scene for responders and victims. This is critical in the event of a large incident and we need to "Rehab" (rehydiate) responders that are working on the scene. ($700 from the first Fall Festival, earmarked for this,was finally used) Members of Rotary will be present to explain the grant/donation process and accept recognition. Lake Elmo Fire Department will bring the equipment for display. RECOMMENDATION: Staff is recommending that the city council receive the presentation. No 6on-nal action is being requested of the council. .. THE C.31TY OF K .t LMO MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 PRESENTATION ITEM#: H(c) AGENDA ITEM: Trunk Highway 5 Road Safety Audit Process and Scope of Work— Presentation by Adam Josephson, MnDOT East Area Manager SUBMITTED BY: Jack Griffin,City Engineer THROUGH: Dean A. Zuleger,City Administrator REVIEWED BY: SUMMARY AND ACTION REQUESTED: The city council is respectfully requested to receive a presentation from Adam Josephson, MnDOT East Area Manager regarding the Trunk Highway 5 Road Safety Audit Process and Scope of Work. STAFF REPORT: MnDOT, Washington County and city staff have been. working collaboratively to identify and mitigate various traffic safety and speed concerns along Trunk Highway 5 and Lake Elmo Avenue in the Downtown District. Recently, MnDOT pursued and secured funding to commission a Road Safety Audit. A Road Safety Audit (RSA) is a formal safety performance examination of an existing or future road or intersection by an independent, multidisciplinary team. It qualitatively estimates and reports on potential road safety issues and identifies opportunities for improvements in safety for all road users. RECOMMENDATION: Staff is recommending that the city council receive the presentation by Adam Josephson, MnDOT East Area Manager. No formal action is being requested of the council. THF� OF . 'E ELMO MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM ff: 2 MOTION AGENDA ITEM: October 2012 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Dean Zuleger,City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, The City Council is asked to accept the October 2012 Financial Reporting Packet. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROITND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find a report for October reflecting the monthly detail. supporting the year to date actual results and comparing those results to the 2012 Budget. The most significant variances are highlighted below: Revenues: • Building Permit revenue to date has exceeded the full year budget by 39%. As mentioned in previous months,the growth trend has continued. • Heating Permit revenue to date has exceeded the full year budget by 91% and it is anticipated that this trend will continue. • Plumbing Permit revenue to date has exceeded the full year budget by 125% and it is anticipated that this trend will also continue. • Plan review fees continue to be strong with the new housing increased activity and on a YTD basis are 9 1%above the full year budget. • Assessment searches to date continue to surpass budget due to the coordinated effort to ensure all search request fees are received. The average number of searches each week continues to increase due to the increased volume of activity in the housing market. Expenses: All departments are at or well below their 83% of budget to date as all Departments continue to strive to identify and implement any cost saving measures. A few key items to note: • Some recurring expense items show zero for January which stands out. This is a result of moving the expense back to December when the expense was incurred for year end. • Unemployment Benefits and Workers Compensation are expensed as those benefits are paid out to claimants. A workers compensation premium refund was received in July due to lower salary dollars than estimated as well as in less costly rating classification codes. • Although no contract services were budgeted for Administration, expenses were incurred to cover the front desk prior to being fully staffed. • The Finance Department also used contracted services to cover the Finance department lack of full-time staff and is over budget in that category as a result. The contractor services were primarily used to prepare for the annual Financial Audit. • The Planning Department also uses a part-time contractor to cover the Planning Assistant functions until a full-time staff person was hired. The new Planning Assistant is now on staff full-time and it is anticipated that these services will.no longer be needed. • The Building Inspection Department contracted with the City of Hugo to provide support until the new Inspector was hired. It is anticipated that these services will only be needed to cover planned absences of the new Building Official,going forward. • The majority of the annual conferences for updating certifications occur in October and the expenses are reflected in each department. RECOMMENDATION: It is recommended that the City Council receive the October monthly Financial Reporting Packet as part of tonight's Consent Agenda. Alternately, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and review. ATTACHMENTS: 1. 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OMaCN 1p� pp pp pp pp��pp pp p — b ti- G O C C?;W C P C Y�O O C)C N O �W O �C G v1 O H O V N IqM1 �r .-.12. occ��o=arc.=�zQ= ,may al o c N Y� N . O pp ..cc oo oo pp i ti P�Sema CCC'as`o Q O O s a+GaO�OeP+o�b �a�rPP G O Ci C'ti0 cotlaG�.�,C G o�0� v w OB I a�co••€€Cni�SB"S,,oc�`"�co0°oro a c ���x :dccoccocroc�?OCtic�on ' M1�tt oe3cca�tilido c ncoccof o o '� THE OF LAKE.., LN- 40 ,,.:.,. _... --.max MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM#: 3 MOTION Consent Agenda AGENDA ITEM: Year to Date Permit Report SUBMITTED BY: Rick Chase,Building Official 'rHROU€ H: Rick Chase,Building Official REVIEWED BY: Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to accept the monthly permit report. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. STAFF R PORT. Below are some key statistics for Jan 1- October 31: 2012 2011 New homes 27 19 Total valuation $12,346,112 $ 8,499,300 Avg home value $457,263 $447,331 3 New home permits were generated in October, 1 permit is issued and to date is still waiting for pick-up. T. .E Cr'.r•Y OF: LAKE LMO MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM#: 4 MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of$383,228.04 SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$383,228.04. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORINIATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. Amonf. Descx�p#ion 41 ACH $ 10 497.73 Payroll Taxes to IRS & MN Revenue 11/15/2012 ACH $ 5,023.52 Payroll Retirement to PERA 11/15/12 DD4257—DD4297 $ 31,540.76 Payroll Dated 11/15/12 (Direct Deposit) 39168-39172 $ 7,678.00 Payroll Dated 11/15/2012 (Payroll Paper Checks) 39173-39277 $ 328,248.03 Accounts Payable 11/20/12 1607-1610 $ 240.00 Library Card Reimbursement 11/20/12 3 [[''''��•��y ryap p2 q+. p � ..........-.... � .�.__�_� ' _ _....__.. STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction. RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of$383,228.04. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action.. If done so,the appropriate action of the Council following such discussion would be: "Move to approve the November 20, 2012, Disbursements as Presented[and mod ed]herein." ATTACHMENTS: 1. Accounts Payable Dated. 11/20/2012 SUGGESTED ORDER OF BUSINESS Iif reinored from the Consent A,-enda): - Questions from Council to Staff............................................. Mayor Facilitates - Call for Motion...............................................................Mayor& City Council - Discussion.......................................................................Mayor&City Council - Action on Motion....................................................................Mayor Facilitates Ci O VIA C4 CA CA 7A col 00 In 0 SID ro- all 0 os 00 0.:5CI O. e. CA 0 v, cA qA A-0 .oa 00 00 WA 's 0 1-1 r. 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CJ y a G• � v, i .D N U � N r O 4 N A o N �• R � •- wy � M-• C C C C Q .•' M N •D �M eMt ti0 � O N d N �f1 r_ ,n i Get t M •w d N 00 M 4 ..• U �f1 O '3� � N N _ O C11 IT NG NG .� K+� LAKE Fmk MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM#: 5 MOTION AGENDA ITEM: 2012 Rain Garden Project—Change Order No. 1 SUBMITTED BY: Ryan Stempski,Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving Change Order No. 1 for the 2012 Rain Garden Project, increasing the project contract amount by$1,341..13. STAFF REPORT: This Change Order was requested by the Washington Conservation District to address unforeseen conditions during the construction of the 2012 Rain Garden Project. The Contractor, St. Croix Valley Landscaping was required to correct 3 rain gardens on the project that were not draining due to underlying soil conditions. Change Order No. 1 includes soil correction and drain the work for 3 rainn gardens in the total amount of$1,341.13. With the approval of this Change Order, the Revised Contract Amount will be$47,842.29. RECOMMENDATION: Staff is recommending that the City Council consider approving, as part of the Consent Agenda, Change Order No. 1 for the 2012 Rain Garden Project in the amount of$1,341.13. ATTACHMENTS. 1. Change Order No. 1 CONTRACT CHANGE ORDER FORM CITY OF LAKE ELMO, MINNESOTA FOCUS ENGINEERING, inc. 2012 RAIN GARDEN PROJECT PROJECT NO. 2012.123 CHANGE ORDER NO. 1 DATE: November 20, 2012 TO: ST.CROIX VALLEY LANDSCAPING,389 280TH STREET,OSCI OLA,WI 54020 This Document will become a supplement to the Contract and all provisions will apply hereto.The Contract Documents are modified as follows upon execution of this Change Order. CHANGE ORDER DESCRIPTION/JUSTIFICA7IQjJ: Washington Conservation District recommended a correction to 3 rain gardens that were not performing due to underlying soil conditions that were unforeseen.Draintile was necessary along with minor grading improvements to ensure the gardens drain down.This corrective work addressed the issue of standing water in these gardens. Attachments (list documents supporting change): None ITEM DESCRIPTION.OF PAY ITEM UNIT CITY UMTE PRICE INCREASE/(DECREASE) CO?-1 CORRECTIONS/ADD DRAINTILE TO 3 GARDENS LS 1 $1,341.13 $1,341.13 _�.._......... ._ - --- 1 - i i NET CONTRACT CHANGE $1.,341.13 Amount of Original Contract $ 46,501.16 Sum of Additions/Deductions approved to date(CO Nos. } $ 0.00 Contract Amount to date $ 46,501.16 Amount of this Change Order (ADD) (ITT) (NO CHANGE) $ 1,341.13 Revised Contract Amount $ 47,842.29 The Contract Period for Completion will be UNCHANGED 'NC-14P SED nIICbEASEP P (UNCHANGED) (,��} (,a-��Q) 0 days APPROVED BY ENGINEER: FOCUS Engineering, inc. APPROVED BY CONTRACTOR ENGINEER 8Y DATE DATE APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA BY BY DATE DATE FOCUS Engineering,inc. CHANGE ORDER FORM TFU. CA T Y OF n LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM#: 6 MOTION AGENDA ITEM: 2012 Rain Garden Project—Pay Request No. I SUBMITTED BY: Ryan Stempski, Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUMMARY AND .ACTION REQUESTED: The City Council is respectfully requested to approve Pay Request No. 1. to St. Croix Valley Landscaping, the Contractor for the 2012 Rain Garden Project in the amount of $42,341.29. This payment includes the work to complete the construction for 17 rain gardens on the project. The warranty period will begin on November 20, 2012, and extends to November 20, 2013. STAFF REPORT: The 17 rain gardens for the 2012 Rain Garden Project have been fully completed, including all restoration and punch list items. The project Certificate of Completion has been issued by Rusty Schmidt, the Project Manager from Washington Conservation District (WCD), and the one-year warranty period has been initiated. Payment for construction costs in the amount of $42,341.29 has been requested by the Contractor, St. Croix Valley Landscaping. This amount is approximately 3% over the original construction contract amount of$41,000.16. Additional soil correction and drain tile work was needed at 3 rain garden locations to ensure proper drainage and infiltration. Change Order No. 1 was processed in the amount of$1,341.13 to address this issue. The Contract for the project also includes $5,501 for one year of maintenance by St. Croix Valley Landscaping for total contract amount of $47,842.29. Maintenance costs will be paid throughout 2013 as necessary to establish the gardens. After the first year, maintenance will be completed by the adjacent property owners. All property owners have signed Maintenance Agreements committing to the ongoing rain garden maintenance work. A VBWD Community Grant in the amount of$27,822 was approved for this project. Staff will submit for reimbursement in this amount. The City cost share then includes the remainder construction amounts plus engineering for a total city cost share of $25,020.29 {$20,020.29 + $5,000 engineering) to be paid from the Storm Water Utility Fund. The 2012 Rain Garden budget amount was $35,000. RECOMMENDATION: Staff is recommending that the City Council accept the work as recommended by the Washington County District and approve Pay Request No. 1 in the amount of$42,341.29 to St. Croix Valley Landscaping, as part of the Consent Agenda. ATTACH MENTS: 1. Certificate of Completion, Prepared by the Washington Conservation District 2. Partial Pay Estimate No. 1 CFrY OF LAKE,ELMO,MN 2012 RAIN GARDEN PROJECT CERTIFICATE OF COMPLETION DATE OF ISSUANCE: Date OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: ST. CROIX VALLEY LANDSCAPING PROJECT NAME: 2012 STREET IMPROVEMENT RAINGARDEN PROJECT PROJECT NO.: 2012.123 This Certification of Completion applies to all work under the Contract Documents This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Contract dated September 4, 2012, and related Contract Documents as prepared by Washington Conservation District dated August 6, 2012, the above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION- November '13,2012 ._Rusty Schmidt .............. WASHINGTCX CO SERVAVATION DISTRICT-F T11[h WARR,-aNTY PERIOD BEGINS Nov. 14, 2012 AND ENDS Nov. 14, 2013 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO, 1 FOCUSENIGINEERING, inc. 2012 RAIN GARDEN PROJECT PERIOD OF ESTIMATE #REF1 FROM 9/4/2012 TO 11/9/2012 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO ST.CROIX VALLEY LANDSCAPING 3800 LAVERNE AVENUE NORTH 389 280TH STREET LAKE ELMO,MN 55042 OSCEOLA,WI 54020 ATTN:JACK GRIFFIN,P.E.,CITY ENGINEER CONTRACT CHANGE ORDER SUMMARY PAY ESTIMATE SUMMARY No. Approval Amount 1.Original Contract Amount $46,501.16 Date Additions Deductions 2. Net Change Order Sum $1,341.13 1 11/20/2012 $1,341.13 3. Revised Contract(1+2) $47,842.29 4. *Work Completed $42,341.29 5. *Stored Materials $0.00 6.Subtotal (4+5) $42,341.29 7. Retainage* G. % $0.00 8. Previous Payments $0.00 TOTALS $1,341.13 $0.00 9.Amount Due (6-7-8) $42,341.29 NET CHANGE $1,341.13 '` *Detailed Breakdown Attached CONTRACT TIME START DATE: 9/17/2012 ORIGINAL DAYS 44 ON SCHEDULE SUBSTANTIAL COMPLETION: 10/31/2012 REVISED DAYS 0 YES FINAL COMPLETION: 10/31/2013 REMAINING -9 NO ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief,the quantities shown in this estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge,information and belief the work covered by this payment estimate has been compieted in accordance with the contract BY documents,that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments DATE received from the owner,and that current payment shown herein is now d APPROVED BY OWNER: CITY OF LAKE ELMO,MINNESOTA BY BY DATE DATE FOCUS Engineering,inc. PROJECT PAYMENT FORM THE CITY O LAKE MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM#: 7 MOTION AGENDA ITEM: 2012 Street&Water Quality Improvements--Pay Request No. 3 S L I3M11 TED BY: Ryan Stempski,Assistant City Engineer THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Jack Griffin, City Engineer Cathy Bendel, Finance Director SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving Pay Request No. 3 for the 2012 Street &Water Quality Improvements. STAFF REPORT: Hardrives, Inc., the Contractor for the project, has submitted Partial Pay Estimate No. 3 in the amount of$217,888.94. This request has been reviewed and payment is recommended in the amount requested. In accordance with the contract documents,the City has retained 5% of the total work completed. The amount retained is $38,541.55. The total value of the work completed to date is $770,831.07 of the revised contract amount of $861,634.79, or 90%complete. RECOMMENDATION: Staff is recommending that the City Council consider approving Pay Request No. 3 for the 2012 Street & Water Quality Improvements, as part of the Consent Agenda,in the amount of$217,888.94. ATTACHMENTS: 1. Partial Pay Estimate No. 3 PROJECT PAY FORM PARTIAL PAY ESTIMATE NO. 3 FOCUS ENGINEERING, inC. 2012 STREET AND WATER QUALITY IMPROVEMENTS PERIOD OF ESTIMATE PROJECT NO. 2012.123 FROM 10/1/2012 TO 10/31/2012 PROJECT OWNER: CONTRACTOR: CITY OF LAKE ELMO HARDRIVES, INC. 3800 LAVERNE AVENUE NORTH 14475 QUIRAM DRIVE LAKE ELMO, MN 55042 ROGERS, MN 55374 ATTN:JACK GRIFFIN, P.E.,CITY ENGINEER ATTN:MIKE LEUER,DIVISION MANAGER 77 COI!TRACT CI ANGf ORDER SUMMARY PAY ESTIMATE SUMMARY'-- . No. Approval Amount 1.Original Contract Amount $849,736.79 Date Additions Deductions 2. Net Change Order Sum $11,898.00 1 10/16/2012 $11,898.00 3.Revised Contract(1+2) $861,634.79 4.*Work Completed $770,831.07 5. *Stored Materials $0.00 I 6.Subtotal (4+5) $770,831.07 7.Retainage $38,541.55 1 I S.Previous Payments $514,400.58 TOTALS $11,898.00 $0.00 9.Amount Due(6-7-8) $217,888.94 NET CHANGE $11,898.00 = *Detailed Breakdown Attached CONTRACT.TIME . START DATE: 7117/2012 ORIGINAL DAYS 94 ON SCHEDULE SUBSTANTIAL COMPLETION: 10/19/2012 REVISED DAYS 0 YES FINAL COMPLETION: 11/30/2012 REMAINING -12 NO ENGINEER'S CERTIFICATION: FOCUS Engineering, inc. The undersigned certifies that the work has been reviewed and to the best of their knowledge and belief,the quantities shown in this y '— estimate are correct and the work has been performed in accordance ENGINEER with the contract documents. i M .. 0 -2— DATE CONTRACTOR'S CERTIFICATION: CONTRACTOR The undersigned Contractor certifies that to the best of their knowledge,information and belief the work covered by this payment estimate has been completed in accordance with the contract BY documents,that all amounts have been paid by the contractor for work for which previous payment estimates was issued and payments received from the owner,and that current payment shown herein is DATE now due. APPROVED BY OWNER: CITY OF LAKE ELMO, MINNESOTA DA7 - JAT_ FOCUS Engineering,inc. PK.OJECT PAYr•,1FVI Veit PARTIAL PAY ESTIMATE NO. 3 2012STREETAND WATER QUALITY IMPROVEMENTS FOCUb ENGINEERING, Inc, CITY OF LAKE ELMO,MINNESOTA PROJECT NO.2012,123 CONTRACT(Revised) TH}S PER§OC TOTA;TODAT ITEM D£SCRIPTIONOf PAY I TEM UNIT j OUANT.7v UNLTIRMCE AMO'J NT OL;ANTITY AMOUNT O;;AN-.:- AMOUNT y MOBgIZATION LS -J $=585G.00 >45,BSD.C� 0.25 5'_.,4b2SG 1.00 S<$,650.OG 2 TRAFFIC CONTROL li ;.0 S3,595.19 # 0.23 5923.80 LOG 53.695.19 j3.695.i4 3 SILT FENCE LF 3i;0 53 21 'a963.00 150.0G 5481.50 30g0 59'a3m .. c INUTPROTEMION i., 23 - 52.2'7.20 S_c.4 0 TREE REMOVAL EA S267.77 S?,945.E7 12.4 S32i3.2A 6 SAiVAGE AND RR I NSTALL MAILBOX EA 85 555Aa $5323.OD 7 5A_e'ACE AND RE INSTAL:SIGN £A 35 <i33.68 SG.585.SG 1 1 8 SWVCUT BITUMINOUS AND CONCRETE PAVEMENT(ALL TYFESI LF 3 :,790 52 t9 5°.457=0 I 9:1,^ 52,343.09 (� g REMOVE A\D DISPOSE CONCRETE CURE AND GUTTER LF iI 55 55-$5 531q.75 f 73.0 5412.45 , 10 REMDVE AND DISPOSE OF EXIST ING BITUt,51NOUS PAVEMENT BY ""«29, SA•50 S5,938.60 414.00 SMJ04.40 ( 60S.0 S2,783.00 ii REMOVE AND DISPOSE OF EXISTING COKCR£TE PAVE..EN'T SY $20 c6•96 S3.4ii.2D $656.00 i-< REMOVE AND DISPOSE OF EXISTING STORM SEWER C8ICRMH EA .- 5535,53 S6,426.36 5a!1 i3 SALVAGE AND REINSTALL PAVERS Sy 21. 4?,5S.. 1A SU3GRAOE CORRECTION SY 1,404 56.91 S9.701.64 1,025.0 S7,082.75 1s COMMON EXCAVATION jbI(Pj � j'-G.01 5__a-3.31 i,351.0 5�.5233i 16 CLASS 5 AGGREGATE BASE(1[qY CRUSHED) CY 474 51L:,G So,636DD 17 SELECT GRANULAR BORROW CY 5-, $9.43 54.828.16 l 342.0 S3,2ZS.^_5 MAUL OUT EXCE55 MILLINGS ` CY i,G24 S&36 59.175.04 I t4(f 828.0 15 PLACE RECLAIMED MATERIAL FROM.OTTiER 51TE5 CY 451 SSgg 53.824:8 561.0 54,757.26 ' 2G RECLAIM EXISTING BITUMINOUS AND BASE MATERIA!-S SY a 38,4G= 50sa S34,949,46 -278.00 -5252.98 3S,^_28.0 $34,596AS 21 SUBGRADE PREPARATION Or RECLAIMED SURFACE. RS s00 S25439 525A39.00 100.0 $7.E L3S.GG 22 SUBGRAOE PREPARATION*FOR PARKING LOTS is � I S 595.91 Si,595.91 5i.695.91 23 12"CLASS 5 RCP STORM SEweA LF ,_. j 536A2 54,33338 130.0 $4,734.60 24 V CLA$55 RCP STORM SEWiR LF 247 537.49 S".a^-03 I j 235.G $9,559.95 25 12"CONCRe'i E FLARED END SECTION _ i EA 59£3.96 5963.96 (((( 26 CATCH BASIN,TYPE 402 WITH R-3254A CASTING EA I 3 $1,9GOAb SS980.18 3.0 SE,S80.S8 ?7 CATCH BASIN,TYPE 404 WITH 11-3501-TS CASTING EA 4 52,077.87 SE.3:1.48 c.0 SSa iAs 28 4'DIA CBN4H WITH;'SUMP,TYPE 40:N9tH SALVAGED R-3250-A CASTi:N £A - 51,665.9-a 51,68E a3 IJ 29 4'DLA CHNIN,TYPE STO.9 Wi T F,,R-3501-T9 CAST ING EA - 52,238.5E $4?77.08 ' 3.0 56,715.52 30 4'DiA CBMH LVRH-:'SUMP;7PESi0-9V,",iHR-350i-TB CASTING EA - S2»8C.9S 52484.99 j 3.0 K554.9s 31 DIACBMH,TYP£.406 WITH R•3250•A CASTING EA i 3 j � 1 S2,227.82 50,683.46 3A _,683A6 32 VDIAC8MHWTTHI'SU;lAP TiPE 4a5 Yd7H R-35Ci•78 CAST/NG I:A $3r"9i.6'S $3,49148 33 f`PVC PERF EDGE DRAIN WITH BACKFILLAND WRAP LF i 400 s549 S2.076.00 34 9618 CONCRETE CURB AND GUTT ER LF I 30 I 53 i.49 $Si24:TG 35 362E CONCRETE CURS AND GU`TTER LF € 298 $37.49 5:',,172.02 272E SSD,i97.28 36 0412 CONCRETE CURB A%D GLITTER LF 8D4 527.69 522.26276 ! 850.0 523.535.50 37 CONCRETE CURB CUT FOR RAIN GARDEN E,,, ''-7 S32132 SS.462.44 ;6.0 55.i=1.12 j 38 61 CONCRETE FLUME EA 5642.5E $642.64 S642.64 1 39 6"CONCRETE DRIVEWAY SY I S2C 542.84 $22,276,80 w.q $4,264.00 AC EFTUMINOUSDRPJEWAY 5Y i,225 $16.77 S23,543.2S '36.00 $2.280.72 -Ai7.0 55.483.79 4: Bt TUMINOUS WEARING COURSE TN 3,9GD 55435 5e_1,965.00 ( 3:435.87 S386,73953 s 3,435.5 $180,739.53 42 81TUMINOUS NON-WEARING COURSE TI, I 3.275 558.60 $191.9i5.Q'I ( } 4.187,29 5245374.61 <. 48 8I'.U:vTINOUS NSATc{yp,L FOR TACX CDA'.- GAL i,950 521's Sf,153.5a 1.930,00 S4.-S3.50 1.930.0 S4.153.54 44 SAW AND SEAL STREETS_ LF 7,80^v 52.4 516,768.00 45 REMOVE CATCH BA57N CASTING EA 8 5154.17 591336 S.D 59133G 46 INSTALL R-35D2-TB CASTING j £A 8 5E1313.3t1 56.426,40 S.: 56,426A0 47 SALVAGE AND REINSTALL CASTING TYPES) _- i EA {ttt 7 55.33 53,5873: I 7.0 53,88731 48 CU LVERT END CLEANING EA f 20 S176.73 Si,767.30 10.0 51,767.30 49 DITCH GRADING LF I c90 $4.;� 52,307.90 I ( A90D $2.307.9G ' s0 CLASS 3 RIP RAP WITH GEOTEXT ILE?'A9RIC CY i 60 � 56641 S3,98-'m j 60-0 539414.60 51 EROSION STABLIZATION MAT $Y 200 S6.90 S1.392 I .Oa 52 SIOROLL DITCH CHECK EA 30 $64.26 $1,927-80 `• as SEEDING WITH WOOD FIBER BLANKET SY I 1,133 gl•SS Si,756.i5 1,9.,^).OJ 52,S4i.0C i90G.0 $21945.OD { i 54 SODDING Sy t 4,;00 5235 540,185.Cq 6,S6S.,'k) s18.718.80 6S6&G SiS:71&80 55 IMPORT AUD PLACETOPSOIL CV i,90C $13.CD 524,700.00 1,364,0 $1`,732.00 56 Si RIPING--4"YELl0W 5T MPINC LF 6.13C Sy21 j.,267,30 S7 STRIPING-•4"WtiiTE STRRMNG IF 1 6.940 50,27 S1,673.80 58 HANDfCAF PA`JEN}ENT NURKING EA 2 ' 542s43 $656.86 TOTALS-BASE CONTRACT $849,736.79 $229,35C77 $758,933.07 CHANGE ORDER NO.1 CDi1 86i2 COY'CP,-eTE CURBAW GUTTER LF 65S 5;8.aa 511.858.00 - o..,E9S.6D TOTALS-CHANGE ORDER NO.1 $11,898.00 $11,898.00 TOTALS•REVISED CONTRACT $861,634.79 $229,356.77 $770,831.07 TFIE CITY OF' LAKE ELMO MAYOR AND COUNCIL COMMUNICATION DATE: November 20, 2012 CONSENT ITEM#: 8 MOTION AGENDA ITEM: Whistling Valley First, Second and Third Additions—Resolution Accepting the Developer Installed Public Infrastructure Improvements SUBMITTED BY: Jack Griffin, City Engineer THROUGH: Dean A. Zuleger, City Administrator RE%','IENA7ED BY: Cathy Bendel, Finance Director Kyle Matt, Planning Director Mike Bouthilet,Public Works Dave Snyder, City Attorney SUMMARY AND ACTION REQUESTED: The city council is respectfully requested to consider approving a resolution accepting the Developer Installed Public Infrastructure Improvements. STAFF REPORT AND BACKGROUND INFORMATION: City staff has reviewed the public infrastructure improvements the for the Whistling Valley First, Second and Third Additions and have found them to have been fully completed in compliance with the Standard Form of Completion Agreement Between Surety (Travelers Casualty and Surety Company of America) and Contractor (Colbalt Contracting) dated October 31, 2011, and the standards and ordinances of the City. The City Engineer has issued a Certificate of Completion subject to the receipt of the 2-year warranty Bond. RECOMMENDATION: Staff is recommending that the city council approve, as part of the Consent Agenda, Resolution No. 2012-59, accepting the public infrastructure installed as part of the Whistling Valley First, Second and Third Additions. ATTACHMENTS: 1. Resolution 2012-59 2. Engineer's Recommendation Letter of Final Acceptance and Certificate of Completion CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 20I2-59 A RESOLUTION ACCEPTING THE DEVELOPER. INSTALLED PUBLIC INFRASTRUCTURE IMPROVEMENTS FOR THE WHISTLING VALLEY FIRST, SECOND AND THIRD ADDITIONS WHEREAS, the public infrastructure improvements the for the Whistling Valley First, Second and Third Additions have been frilly completed in compliance with the Standard Form of Completion Agreement Between Surety (Travelers Casualty and Surety Company of America) and Contractor (Colbalt Contracting) dated October 31, 2011, and the standards and ordinances of the City; WHEREAS, the Standard Form of Completion Agreement between Surety and Contractor dated October 31, 2011, supersedes prior representations and agreements including the original development agreement for the improvements,but incorporates Contract Documents, and Plans and Specifications which capture the essential intended public improvement requirements for the development; WHEREAS the City Engineer, Planning Director, and Public Works Superintendent have reviewed the improvements and in correspondence dated November 14, 2012, the City Engineer has issued a Certificate of Completion subject to receipt of the 2-year warranty Bond, and has declared the public infrastructure improvements to be complete and recommends acceptance by the City; WHEREAS, the estimated aggregate costs relating to the installation of public improvements is $1,635,000; and WHEREAS, the City shall, upon acceptance of the improvements, account for those assets. NOW, THEREFORE, BE IT RESOLVED, upon satisfaction of the administrative and financial requirements noted by staff, the City Council accepts the Developer-installed public infrastructure improvements for the Whistling Valley First, Second and Third Additions; effective as of November 20, 2012. Date: . 2012 CITY OF LAKE ELMO By: Dean A. Johnston, Mayor ATTEST: Adam Bell, City Clerk (Seal) Resolution No. 2012-59 1 HCI"I' ' OF LAKE ELMO November 14, 2012 Mr. Brian K. Fern Ms. Shawn A. Pikas Travelers Bond & Financial Products Construction Engineering Services One Tower Square, S102A Hartford, Connecticut 06183 RE: Engineer's Recommendation for Final Acceptance Whistling Valley First, Second and Third Additions City of Lake Elmo, Minnesota Dear Mr. Fern, We have reviewed the Developer-installed improvements for the Whistling Valley First, Second and Third Additions, as completed under the Standard Form of Completion Agreement between Surety (Travelers) and Contractor (Colbalt Contracting), dated October 31, 2011. We find that the work has been fully completed in all respects with the exception of meeting the specified Final Completion date of June 15, 2011 The Improvements are hereby declared to be complete and acceptance of the Improvements by the City is recommended upon receipt of a 2-year warranty bond in the form and amounts acceptable to the City Attorney. The warranty period on the improvements will be in effect from the date of receipt of the warranty bond for a period of 2 years. Sincerely, Jc (Jack) W. Griffin, P.E. r City Engineer Cc:" dean A. Zuleger, City tAdministrator Cathy Bendel, Finance Director David Snyder, City Attorney Kyle Klatt, Planning director Mike Bouthilet, Public Works Superintendent 3800 Laverne Avenue North * Lake Elmo * Minnesota * 55042 * 651,747.3900 CITY OF LAKE ELMO,MN WHISTLING VALLEY FIRST. SECOND,AND THIRD ADDITIONS CERTIFICATE OF COMPLETION DATE OF ISSUANCE: November 14. 201 2 OWNER: CITY OF LAKE ELMO, MN CONTRACTOR: TRAVELERS CASUALTY AND SURETY COMPANY OR AMERICA & COLBALT CONTRACTING PROJECT NAME: WHISTLING VALLEY FIRST, SECOND,AND THIRD ADDIT10NTS PROJECT NO.: 2011.119 ® This Certification of Completion applies to all work under the Contract Documents I This Certification of Completion applies to the following specified parts of the Contract Documents I do hereby certify that the work to which. this Certificate applies has been constructed in accordance with the Standard Form of Completion Agreement between Surety (Travelers) and Contractor (Colbalt Contracting) dated October 31. 2011, and related Contract Documents as prepared by Engineer (Solution Blue, Inc.) dated October 27, 201.1. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE;OF COMPLETION: November 14, 201.2 John W.Griffin,P.E.,City Engineer f 4 STY OF LAKE ELM0..'MINNESOTA •moo - -THE WARRA`TY P'ERIOD BEGINS Date of receipt of AND ENDS 2 years thereafter warranty bond LAKE _MO .... ::_..:. . M YOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM #: 9 NI O T I O N Consent Agenda AGENDA ITEM: Accept New Insurance Agent of Record SUBMITTED BY: Cathy Bendel,Finance Director REVIEWED BY: Dean Zi0cger. City Administrator SUN' I_NLkRY AND ACTION REQUESTED; As part of its Consent Agenda, the City Council is asked to approve the acceptance of the Northern Capital Insurance Group as the Agent of Record for the City of Lake Elmo. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: In the last year, many cost savings modifications were made to our existing policies based on suggestions by the Finance Director due to her experience with insurance. Although the insurance agent should actively suggest cost saving strategies and alternatives, that has not been the case with the current agent. As a result, we have sought out referrals by other Cities and the most prevalent agency was Northern Capital Insurance Group. The consistent feedback is that they have saved the Cities premium dollars and time due to being very familiar with dealing with the League of Minnesota Cities. RECOMMENDATION: It is recommended that the City Council authorize the appointment of Ronald Youngdahl, agent of Northern Capital Insurance as the Agent of Record for the City of Lake Elmo. ATTACHMENTS: 1. Insurance Proposal 2. Agent of Record Authorization form required by the League of Minnesota Cities. INSURANCE PROPOSAL Prepared For: . . t: Elmo 38,00, Laketlmo, M 55042 Y' Presented by .Sr - Ronald L. Youngdahl Y & Carl Bennetsen Northern InsuranceCa kal Pi Group P.0. Box. 9396 Minneapolis, - - October 10, 2012 Dean Zuleger Cathy Bendel. City of Lake Elmo 3800 Laverne Ave. N Lake Elmo, MN 55042 RE: Insurance Agent of Record Proposal Bear Dean and Cathy: The following presentation describes our Agency's background and the"proactive" service package we offer to all of our City clients. The overall objective of our service package is to save our City clients premiurn.dollars and save time for our clients dealing with the League of MN Cities by: « Onsite Insurance Audit of City- We will complete an insurance audit of current policies and make a physical audit/photograph of the City structures, vehicles, equipment, and insurance exposures. The benefit of Chas audit will be to save premium dollars for the City by eliminating and coverage duplication, unnecessary coverage, and uncovering any insurance gaps in current program. The Physical Audit Report will also be used as a Risk.Management tool.to make the renewal application to the LM.0 easier and more accurate. Worker-. Compensation Claims Management-Our goal is to save premium dollars in Work Comp by moving all our clients to .80 Experience Modifications. We do this by proactively managing larger loss time claims and control the process to keep costs to the City down. We also review all claims reserves and engage the LMCIT in.reducing these reserves to lower Experience Modification and Work.Comp. premiums. Property/Casualty Claims Managen.ent-Again, our goal is to save premium dollars by getting all of our clients below a 1.00 Experience Rating Modifier. We also show our larger Cities how to save additional premium by choosing the best LMCIT Deductible Aggregate Modifier option based on our risk retention. analysis. Lena] Sen fees Hotline- We offer a legal hotline for our City clients. This is available for calls relating to Human Resources, Work Comp, Land Use., or any other City business. • UNIC'IT Internet AP.Iication "Hands On"Renewal Assistance-From our online experience we will make your renewal process a'cane step"renewal by pre-entering renewal information which will eliminate most of your paperwork. a Other Standard Services Claims Analysis and Loss Control Coordination Risk Retention/Deductible Analysis Claim Handling Assistance Prompi Response to City Staff Insurance Questions Certificate of Insurance Vehicle Insurance Cards Construction Contracts Review All Other Insurance/Risk Management Issues We are looking forward to the opportunity to work with you on the 20131 LMCIT renewal. The agent transition will be a seamless process starting with the attached Agent of Record Request which we will submit to you LM.CI.T underwriter. If you have any other questions please contact Carl or myself, and by all means contact our city references for their experiences working with us. Sincerely, : . LC R.L. Youngd Eh] �. Vice President Carl Bennetse.n Public Entity Accounts Manager CONTENTSTABLE OF I. Mission Statement & Professional Affii.i.ati.ons II. Agent Services for Municipal Clients A. Municipal Coverage Checklist B. R.isk Retention Analysis 111. Public Entity Service Team IV municipal Client Reference :Dist V. Agent of record Authorization Northern Capital insurance Group j moo=— —77 ---------------------- .t IBC?rthern Capital is a privately held brokerage company that has been,a leader in the industry since 1978.Northern Capital is a Minnesota based agency that has the experience and personal attention to meet your needs. We have no out of state Monte office bureaucracy to get in the way of servicing our clients. This allows,us to deliver a comprehensive array of services to Your clients and.follow through on the commitments,we make to our clients. NORTHERN CAPITAL OUR MISSION ■ To provide the City with the most cosi-effective insurance program in conjunction with the League of Minnesota Cities Insurance Trust(LMCIT). To do this by working with the City to customize a program that will enhance the value of the LMC"I`I,coverage. To provide a unique value added Agency program that is service driven and risk- management oriented. e To accomplish the above with the dedication of our Agency team's long term experience and knowledge of City exposure and the LMCIT coverage. PROFESSIONAL ASSOCIATION MEMBERSHIPS AND li DUCATION MN Government Finance Officers &sociation The mission is to promote excellence and leadership in the government finance profession by providing quality educational opportunities. Mirnaesota PRIMA Public Risk Management Association) Its stated purpose is to provide practical and current information on Risk Management and Safety issues. IMCIT Safety and.Loss Control Work hol? An insuranwe agent.'s agenda of pertinent information.to help inform client Cities with the latest insurance coverage and claims. 'Northern Capital Agent Services Northern Capital's unique proactive services include: m Insurance Audit of City-Agent will complete an audit of the current City and EDA insurance policies,and physical audit/photograph City structures,equipment,to be used as a risk management tool for.the LMCIT coverage renewal process Workers Compensation Claims Management-Our goal is to proactively manage claim. reserves to lower the WC Experience Modification and preriums,using our free)AIC claims management consultant. • Proyertyf Casualty Claims Mangument- Save premium dollars by getting our clients below a 1.00 Experience Rating Modifier,and by choosing the best LNIC1T deductible option.(See Exhibits) ■ Legal Services Ratline-A legal hotline for our City clients,for calls relating to Human Resources,Workers Compensation,Land Use,or other City Business. LIMCIT Online Renewal Support-Our LM:CIT online renewal support service will make your future renewal process simpler and time saving by pre-entering and updating renewal information. LMCI'I Coverage& l'rerniutu Summary-Agent will.provide a detailed summary with premiums by coverage,deparnnent,and individual items to facilitate City expense allocation. The agent will perform the following services: Assist the City in evaluating municipal agreements and City contracts for insurance concerns. ® Advise and assist the city in assembling the iinderwrlting data., imiudin<v updating values, for the renewal rating process. Advise and assist the city in evaluating and selecting arnona coverage alternatives such as deductibles,limits. optional coverage's,alternative coverage forms, etc. Review coverage documents and invoices to assure coverage has been correctly issued and billed. Advise the city on.potential ;zaps or overlaps in coverage's. ■ assist:the city as requested in submitting claims and interpreting coverage as applied to particular claims. Review loss reports for correct reporting,appropriate reserves,etc. Assist as requested with safety and loss control activities. ,Assist the city in.identifying risk exposures and developing appropriate strategies to address those exposures. The above fists intended as a starting point.The city and agent will review and discuss this list to determine if specific services should be added to this list to meet the City's need and situation. MUNICIPAL COVERAGE CHECKLIST* City of Coverage Dates: Coverage Symbols: Y -Client has Coverage N =No Coverage PROPERTY Y N AUTOMOBILE Y N Buildings Ell Z Tort Limits-Waived 0 Z Contents Z E] Claims Made Liability Z 7 Mobile Property 0 Z Owned Units 1:1 Z Property In Open. El M Hired/Non-Owned Liability Z Eli Builders Risk.to 2 Million F-1 Z IUMIUM Liability Replacement Cost Z El Garage Liability El Z Terrorist Activity Z 7 Garage Keepers E] Z Flood LMCIT Limited Coverage Q Z Seized Vehicle Phys. Damage 11 Z Loss of Revenue Z F Accounts Receivable Z 0 WORKERS COMPENSATION Valuable Papers Z El Minnesota Statutory F Petrofund Reimbursement Z f-I Employers Liability F] Z Infectious Disease Testing El 0 EQUIPMENTBRE,AKDOW",41- Peace Officer Stress Benefits F-1 R Boiler& Machinery El N Elected Officials Covered 7 Z' Computer Equipment El Z Board & Commission.(Listed) 17 Z Computer Media/Data El Z Retro-rating Option ❑ Income Loss/Extra Expense 1] Z Medical Deductible Option ❑ Ice Rink-Buried Pipe ❑ Z EXCrSS LIABILITY CRIME Limit S 1.000,000 Money/Securities/Forgery Z El Bond-Faithful Performance D Z OTHER Liquor MN Statutory 71 Z MUNICIPAL LIABILITY Loc: Tort.Limits-Waived F] Defense Cost Reimbursement 0 Z Claims Made Liability M EJ .......... Fire Damage-Legal Z El Medicat Experises 0 17 Mold Limited Coverage Z E] Cig of Pollution Liability-Limited Z F-1 Signature: Products/Completed Ops 0 Print Name: Asbestos Claim-Limited ❑ E] Title: Land Use Regulation Z El Date-. Fireworks Display F-I Z No Fault Sewer Backup EJ Z Northern Capital Insurance Group Public Officials E&0 Z 11 Signature: Employment Practices Liab, Z n Print Name: Ronald Youn,2dahl Title. Vice President Date: *The coverage afforded by the LMCIT Covenants described herein.is subject to all the terms, limits. exclusions and conditions of such coverage covenants. Northern Capital Agent Services Example:Risk.Retention/Deductible Analysis City of Deductible Options—Estimated Premium Savings Basis: $56,610 Property & Casualty Package excluding Employee Dishonesty Bond.and Machinery Breakdown.coverage's. Current$500 Deductible—Currently 3.5%Credit ............. .........._._._.___..__.._........._....._.._.... __.•...�..._.__...„___._.......----.._..._.................. _..___.___._._.._._._.__.. ,__..•.._..._..._._.._______.._..... Year Deductible Paid & Pending 1 2011 ; $500 _•. _ 2010 , $1,850 r 2009 ; $2,320 _...._.__.......... _._.-. _ ._ _._.__.-........ 2007 $500 -ftemt— wz .. Option: $2,500 Deductible-- 11..5% Credit ($4,693 Additional Credit) `hear ; Additional Deductible � Net Cain/Loss _._..._.._ _._.....w ....._.m .__._..._._.._........... _._........___..___......_...... - 2011 ` $1,710 ` +$2,983 201.0 $3,333 +$1,360 2009 $4.553 's. + $l40 _....._....._........._..............._.....................__._:._..._.....__........_ . ................._........_.._.-..__..____. ._..._... _... _ __._M.........____....._........_..-.__........ 2008 (? f +$4.693 ___._......� ...._ :... ...............__...._.._... _...... _......m._........... . _.. ..._...._.._........._........_.. ..............._. �___-----_._._._.._.. __._...___._._._._..,_.-..__..__..__ 2007 $2,500 2 93 _......._........._..m._..__.._....____.... .. ___._...._...._ .__.__.__.______._._..__..-.._..__ _.___-m__._.._._._... ........__._.._.._..._...._.._,_...__...,___._..___..__..__...__,...._..... + $11,369 ". Option. $5,000 Deductible— 1.7%Credit($7,920 ,additional Credit) __..._..._..__._....._......_...... .............._.._.._,._.___._..... _.___._..---.__-.._.......__.._.__._. _.._.._-...-.v.._.._.___..__..._._. _.._._..M....._...._.......__. Year Additional Deductible Net Cain/Loss ..... ._......._..._.....-.,.. _...._........__.__ __ _.____.___.._.._.._. _ .._...__..... - 7__"" _...._...__.___.----_-..-__ 2011 ' $1.170 $6 210 .-......._...-._...................w._.....M........._.,._............._....----- �.�. _......_...._....._. . _ __-._...__._.�._.__._.__;.._.._._...,._....._._..__.�......__ ..w_.._ _....._._.... .. 2010 $-. 833 $2.087 _......._......_..w..........._...._..._....___.__.._....._ __M __. ....___._..w_...�......_ _.-.__.._........w. __....._..._.. 2009 $4,552 + $3368 _._._.,...__.._........w.._..._..... __._.._....._......._�....u.........._._......._ _..T.._.._.__.__-___w......._..............._.._......._...---._._._....�_.....,....._._. __.__._._,._.._.w....... -- ._.,... 2009 $0 + $7.920 2007 $5 000 +$2,920„ S-22.505 f r :^•....,m 1•.,�!& 5?�r�-iy�. :C'Y: .3S�'°°"./".6u.Vcwz+�kySL+ia�i''SWIY�l..£:tYi�0.'.7/+:€.YTR.4�`�ii?BDT.=ca'wyupoT'JI4TWi3A?'�`YAF�:;'In�AY1'4;;;1bY3ti"S�Ltt)9'b�R:Nata�e�'Cs-,a�"F;�i#t4�3fd�k'k%SLL°�'9' ��� Conclusion: 1. Premium increase f om 2007-2012 was 44.7% ($40,968 to $59,289) 2. Claims: Severity concern,not a frequency problem 3. Larger Deductible Plans-. Would recommend establishing a City `Insurance Fund'` from which premiums and loss deductibles are paid.. The"prem.iunt.basis"should be at the$500 deductible prernturn basis to provide funds for the higher deductibles. Northern Capital Sen lees Team Teaan Executive Manager.._.w...:_.,....-.�._:w��.._...__w.�,._,,-Lice_....�:_��:..�_:.._.�_�:.,,;�_:.�..:...........��,.......... ... ......._..........., nsed Property and Casualty agent. Ron Youngdah-1 Founder of.R.L. Youngdahl &Associates Northern Capital ' that merged in 2000 with Arthur J. l;lV_(IrgVL_,gun„dah1.cam Gallagher. Has been involved with. 952-996-88}9 rnunicinal clients for 25 Tears . . 4 Y _.. Public Entity Accounts Manager I Licensed Property and Casualty agent. Carl Bennetsen Formerly affiliated.with R.L. Youngdahl& Northern Capital Associates.Has worked with The League carlbennetsc;.n( .c al-inn-ccotp. of MCI Cities Insurance Trust since its 952-996-8864 J inception. Primary focus is municipal i accounts. i ............... ... ....... r Insurance Maxketi / Account.Executive = Licensed Property and Casualty agent. Kristy Hagner Customer Service and account marketing Northern Capital including coverage changes and updates 952-996-881.3 ............. ..... ................ .......... ........ .. .. _............................................................ ...... Legal Services Hotline Kennedy & firaven is currently the largest Kennedy&Graven Minnesota law firm that practices i Peter G.Mikhail ! primarily in local government law. Hotline j trihi[(1�.Ia. teclz. raven.cc�r? . services for our cities include: employment 612-337-9220 ' and personnel. issues: land use questions; Mary D.Tietjen and other municipal law questions. t :€tic t`er�;i ;k�nra d ayen..co�rt : Additional services beyond one hour per 612-337-9277 issue are subject to negotiation. Robert J. Vose i rv0seQl-e r.-].edy. "s".:.vE"n..con, 1 ! 61.2-3 37-9275 ` ... _.... . ..............._._._.__.: ..._ ._.___..._...._.._._..;__...__.,_.____.....__.._.___..__,..,...__, _...__-_,-.__.__._.._...__._.__._...._.__w:.._.... _._...... _......�� ._._ Workers Compensation Claims I Provide claims review for accuracy of Mana-.ement reserving and effect of Workers Tracey Bryan ' Compensation experience rating. All other Claims/Experience.Mod Consulting services are sub Ject to negotiation. � K.BA. In.c. y� 952-83 5-2100 . . .. Etr►nloyep Benefit Specialist Complete benefit.programs in Rebecca A.Deelstra k group medical, group life. and disability Northern Capital Fife & Health T plans. hese services are; available !. _rdecjstra('� n.cf h.-corA. separately and are not included in the fee : 952-996-8845 agreement. NORTHERN CAPITAL MUNICIPAL CLIENTS REFERENCE LISP" City of New Brighton Cite of Victoria. Daniel A. Maiers, Director of Finance Don Uram,City Administrator 803 Old Highway 8 NW 7951 Rose Street New Brighton, MN 551.12-2792 Victoria,MN 55386-0036 (651.)638-2102 (952)443-4211 City of Eagan Cite of Spring Lake Park Gene Van.Overbeke, CPA,Director of Barbara Nelson, City Administrator Administrative Services Peggy Anderson,Accountant 3830 Pilot Knob Road .1301 81 s`Ave NE Eagan, 11 N 55122-1810 Spring Lake Park, MN 55432 (651)675-5016 (763)784-0491 City of Orono Cihr of Albertville Ron Olson,Finance Director Tina Lannes, Finance director P.O. Box 66 5959 Main,Ave. NE Crystal Bay, MN 55323-0066 Albertville,MN 55301 (952) 249-461.1 (763)496-6902 City of Deephaven City of Brooklyn Center Dana Young,City Administrator Dan 3ordet,Finance Director 20225 Cottagewood Road 6301 Shingle Creek Parkway Deephaven, MN 55331 Brooklyn Center, MN 55430 (952) 474-4755 (763)569-3 345 City of Woodland City of Shorewood Shelly Souers Bruce Desong, Finance Director 20225 Cottagewood Road 5755 Country Club Rd. Deephaven.,MIN 55331 Excelsior, MN 55331 (952)474-4755 (952)960-7903 Ron Youngdahl and Carl. Bennetsen have over 20 years each of municipal insurance experience with.the League of Minnesota Cities Insurance Trust.. Our previous agency., R.L. Youngdahl & Associates(later a merger partner with.Arthur J. Gallagher Co.), was the LMC1T Agent of Record.for several metro area cities of a similar size and exposure (including the cities of Eagan, New Brighton,.and.Orono). About three years ago, after calls from several prior municipal contacts,lion Youngdahl and Carl Bennetsen reunited to form the Agency's Public Entity Service Team. Our problem solving proactive approach is based on the"hands-on" municipal service program that we initiated at R.L. Youngdahl &Associates. We are looking for quality municipal clients that have an interest.in controlling their insurance casts,and are looking for an agent with enhanced risk management services. S. L'N.K.F.E. FLMO November 20,2012 To The League of Minnesota Cities: This confirms that effective immediately, we have appointed Ronald Youngdahl, agent of Northern Capital Insurance,P.O. Box 9396,Minneapolis,MN 55440-9396, as our insurance agent of record with respect to our property/casualty insurance. Northern Capital is hereby authorized to deal directly with The League of Minnesota Cities Insurance Trust with respect to changes in.our current insurance policies. This letter also authorizes The League of Minnesota Cities Insurance Trust to furnish Northern Capital with all information they may request as it pertains to our insurance contracts,rates,rating schedules, surveys,reserves, claims and all other data they may wish to obtain for their study of our present and future insurance requirements. Sincerely, Signature Date Title THE C ITY C.)F - I A E ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/12 CONSENT ITEM#: 10 RESOLUTION AGENDA ITEM.: -Lot Size and Septic System.Variance— 8961 37'h Street SUBMITTED BY: Kyle Klatt,Planning Director THROUGH: Dean A. Zuleger, City Administrator REVIEWED BY: Planning Commission Nick M. Johnson, City Planner SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request from Terri Franzwa, 8367 26th Street North, to build a new home at 8961 37th Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields. The City Council previously approved a similar variance for the applicant's property in 2007,but this variance has since expired. Ms. Franzwa would now like to build a home on the property and is seeking a new variance in order to move forward with her building plans. The recommended motion to act on this request is as follows: "Move to approve Resolution 20I2-60 approving a variance to allow the construction of a new home at 896137th Street North on a lot that does not meet the City's minimum area requiretnents for lot size or the required minimum suitable area for septic drain fields." BACKGROUND INF'ORI@IATION: The attached Planning Commission report includes a detailed review of the application along with the original Staff recommendation to the Commission. Should the Council support the Planning Commission recommendation for approval of the request, the attached resolution reflects the findings that were adopted by the Commission. PLANNING COMMISSION REPORT: The Planning Commission reviewed the variance request at its November 14, 2012 meeting and conducted a public hearing at this time. No one spoke at the public hearing. The Commission raised questions concerning the availability of public water services to the applicant's lot and whether or not soil testing had been completed to verify the feasibility of constructing a sanitary sewer system on the property. Staff noted that public water service is available to serve the new home and that the applicant had performed soil testing. The soil tests document that the site is suitable for a standard trench-type on-site sewage treatment system. PLANNING COMMISSION RECOMMENDATION: Based upon the above background information, Staff report and Planning Commission recommendation, it is recommended that the City Council approve the request from Terri Franzwa, 8367.26th Street North, to build.a new home at 8961 37th Street North on a lot that does. not meet the City's minimum area .requirements for lot size or the required minimum suitable area for septic drainf ells by undertaking the following action: "Move to approve.Resolution 2012-60 approving a variance to allow the construction of a new home at 896137th Street Alorth on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area./or septic dr ainfields." ATTACHMENTS: 1. Resolution 2012-60 2. Planning Commission Report (11/14/12) 3. Application Narrative 4. Certificate of Survey for Lot 5. Site Plan 6. Location Map 7. Aerial Photograph of Site 8. Washington County Soil Testing Letter(I 1/13/12) SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................Planning Director - Questions from Council to Staff.............................................Mayor Facilitates - Public Input, if Appropriate....................................................Mayor Facilitates - Call for Motion ...............................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates CITY OI; LAKE EI✓MO WASHINGTON C:OIINTY, M-, INNESOTA RESOLUTION NO. 2012-60 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE CONSTRUCTION OF A NEW HOME ON LOT THAT DOES NOT MEET THE MINIMUM REQUIREMENTS FOR LOT SIZE OR SUITABLE DRAINFIELD AREA WHEREAS,the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Terri Franzwa, 8367 26t' Street North(the"Applicant")has submitted an application to the City of Lake Elmo(the"City") for a variance to build a new home at 8961 37th Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields, a copy of which is on file with the City; and WHEREAS, notice has been published,mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 14, 2012; and WHEREAS,the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated November 20, 2012; and WHEREAS, the City Council considered said matter at its November 20,2012 meeting. NOW, THEREFORE,based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.017. 2) That all the submission requirements of said Section 154.017 have been met by the Applicant. 3) That the proposed variance is to build a new home at 8961 37th Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area on one acre for septic drainfields. The Applicant's lot is 0.86 acres in size and the Zoning Ordinance requires a minimum area of 0.9 acres for a lot of record to be considered buildable. 4) That the Variance will be located on property legally described as follows: Lots 1 and 2 of Block 2, Kenridge Addition in the City of Lake Elmo, Washington Council and State of Minnesota. More commonly known as 8961 37"' Street North. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: That the proposed use is reasonable because prior to 2007 there was a single family home located on this site and the property was previously considered buildable as part of a subdivision that was platted prior to adoption of the City's present Zoning Ordinance. With the subsequent adoption of larger minimum lot size requirements by the City, the lot house was considered a legal non-conforming use, in which case it could have been rebuilt on the property within one year of the previous structure being razed. 77ie re-establishment of a single family home on this lot is reasonable as it is located in a neighborhood of other single family homes with similar lot sizes. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: That the applicant's property is unique due to the removal of the previous structure from the premises and the relatively short time frame after which a new structure could have been built without variances from the minimum lot size requirements of the Zoning Ordinance. The current owner of the property was not responsible for the declaration o f the previous nuisance conditions on the site, and instead is seeking to restore the past use that is otherwise consistent with the surrounding land uses. This lot is further unique in that the minimum size far a septic system would not be applicable to a lot with an existing house. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings.° The applicant's lot is lamer than many of the lots in the surrounding neighborhood and has Historically been used for a single family home. The proposed location of the home on the property is consistent with the siting of homes on adjacent lots 8) That the proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific findings.•No impacts above and beyond those considered normal for any other single family lot in the surrounding neighborhood would be expected with a new home on the Applicant's lox CONCLUSIONS AND RECISION Based on the foregoing,the Applicant's application for a Variance is granted, provided the following conditions are met: 1. The proposed house shall be required to connect to the municipal wafter system. Passed and duly adopted this 20'day of November 2012 by the City Council of the Cityof lake Elmo,Minnesota. Brett Emmons,Mayor Pro Tem ATTEST: Adam R. Bell, City Clerk City of Lake Elmo Planning Department Variance Request To: Planning Commission From: Kyle Klatt, Planning Director Meeting Date: 11/14/12 Applicant: Terri Franzwa Location: 8961 37rh Street North Zoning: R1 —Single Family residential Introductor In ormation Application The City of Lake Elmo has received an application for a variance from Terri Franzwa, Summary: 8367 261" Street North, to build a new home at 8961 37"' Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields. The Zoning Ordinance allows existing lots of record to be considered buildable if the lot meets a minimum of 60% of the minimum lot size in the underlying zoning district. The applicant's lot would therefore need to be a minimum of 39,204 square feet in size in order to be considered buildable, which is 1,702 square feet larger than its current size of 37,502 square feet. In addition, the City Code requires that all lots must have at least I acre of land suitable for septic drainfields and area sufficient for 2 separate and distinct drainfield sites. The applicant's site,because it is less than 1 acre in size, is also not able to meet this requirement. Primary and secondary drainfield sites have been identified for the lot on the attached site plan. Property The applicant's property at 8961 37th Street North was originally platted as two lots Information: (Lot 1, Block 2 and Lot 2, Block 2) within the Kenridge Addition in July of 1966. The two lots were later combined into one tax parcel for a total of 0.86 acres. Up until 2005, there was a home, accessory structure,and septic system located on this property. In March 2004, based on the recommendation of the Building Official and City Attorney, the City Council declared the house hazardous and unsafe structure. In November 2004, Washington County ordered an abatement of the public nuisance. The timeline established to correct the property deficiencies was not met and the County subsequently authorized demolition of the buildings on the property to abate the public health nuisance. This property was forfeited in 2004 and the buildings demolished the in the following year. The vacant lot was sold and is currently owned by Mr. Thomas DuFresne(10777 Lansing Avenue North, Stillwater, MN and co- applicant). Variance f7etpiexr, Fra),,z t a L,t?P,�;d.ee; 8961 :1�:'1"Strver Vorth 1'li r"'?{cl.t7yr (7rramission Report; ',?'/t'%/' After assuming ownership in the property, Mr. DuFresne applied for a variance in order to rebuild a home on the property, and this variance was approved by the City Council on June 17, 2007. The variance was approved with a condition that the variance would expire one year from the date of approval. He did not immediately build the proposed house on the property, and requested extensions that were granted by the City in the following years, In the more recent past, Mr. DuFresne has not re- applied for an extension of the variance, and it has since expired in accordance with the previous Council action on the property. The present applicant, Ms. Franzwa, has now asked for reconsideration of the property owner's previous request for a variance, and has submitted a new application for a variance to allow the construction previous requested on the site. The property has not changed substantially in the 5 years since a variance was initially approved by the Council, and is presently vacant except for the trees that surrounded the former house and garage. Applicable Section 150.01.7 Variances. Codes. (A-D Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently updated by the City to comply with revisions to Minnesota State Statutes. Section 154.051 Zoning Districts: R-1 —One Family Residential (C) Minimum District Requirements: The R-1 Zoning District has a minimum lot size of 1 %2 acre per unit without sanitary sewer and 24,000 sq. ft. per unit with sanitary sewer. This site does not have access to sanitary sewer, therefore the 1 %2 acre requirement would apply (and further regulated as noted in the following section) Section 154.080 Additions and Exceptions to Minimum Area, Height, and Other Requirements. (A) Existing Lot: An existing lot is a lot or parcel of land in a residential district which was of record as a separate lot or parcel in the office of the County Recorder or registrar of titles, on or before the effective date of this section. Any such lot or parcel of land which is in a residential district may be used for single family detached.dwelling purposes provided the area and width of the lot are within sixty percent (60%)of the minimum requirements of this section, provided all setback requirements of this section must be maintained; and provided it can be demonstrated safe and adequate sewage treatments systems can be installed to serve the permanent dwelling. Section 154.051 Zoning Districts: R-1 —One Family Residential (C) Septic Drainfield Regulations: All lots must have at least one (1) acre of land suitable for septic drainfields and area sufficient for two (2) separate and district drainfield sites. Placement of the second required drainfield between the trenches tlf}1� Page 2 Fai-iance Regtteti Friarnziva IxtSize; 8961 37:''Szre{:=t Vorth Plarar,it;p7(:.'rtrrrrr�iss:rlt�Rr].'rr;rt; 7 14i1 of the first drainfield is prohibited. Section 154.080 Additions and Exceptions to Minimum Area., Height, and Other Requirements. (I) Minimum Area Requirements for Lots Without Public Sanitary Sewer: In areas without public sanitary sewer where public sanitary sewer is not proposed in the City Capital Improvement Program or Comprehensive Plan, single and two family homes shall demonstrate suitable soil conditions for a minimum on-site sewage treatment area of one (1) acre per dwelling unit. Findings & General Site Overview Site Data: Lot Size: 37,502 square feet(0.86 acres) Existing Use: Vacant Existing Zoning: RI —Single Family Residential; Property Identification Number (PID): 16-029-2I-14-0007 Application Review: Applicable DWELLING,SINGLE-FAMILY. A residential structure designed for or used Definitions: exclusively as 1 dwelling unit of permanent occupancy. INDIVIDUAL SEWAGE TREATMENT SYSTEM. An on-site sewage treatment system connecting to a single dwelling or other establishment, consisting of soil treatment unit, septic tank, and any associated pumping and piping systems. PRACTICAL DIFFICULTIES "Practical difficulties,"as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. UNIQUE CIRCUMSTANCES. The plight of the landowner is due to circumstances unique to the property not created by the landowner VARIANCE. A modification of a specific permitted development standard required to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship as defined in the zoning code. Economic considerations alone shall not constitute a hardship. Variance The applicant is proposing to build a new home at 8961 37ffi Street North on a lot that Review: does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields. The attached site plan depicts the t}E'j7!?t'lpw t,r L<?n? ?r`il;. Y. i'!'i i?%='i:l7`ti:.'r t'/l'YL77;=1t'U iol SlWe'I'ifY7f.!Y"C 1%-1-t,'.d'ii::: 3 Fariatxv Reqr."i. Frc;mnva b.-,t:ii e 81PY)1 37">ireet;b`nrth Planning Commission Report: 7r 14/1.2 proposed house to be built, which includes the proposed locations for a primary and secondary subsurface sewage treatment system. This plan appears identical to the one submitted with the 2007 variance; furthermore, the applicant has indicated that she has applied for a septic permit from Washington County that that this permit would likely be issued prior to the Planning Commission meeting. The home would be sited on the property in a manner very much in keeping with the arrangement of homes on other lots in this neighborhood, and would comply with all applicable setbacks and zoning regulations for an R-1 district. Variance As noted above, the City Council has previously approved a variance to allow a new Criteria: home to be built on the applicant's lot, which was submitted prior to the recent ordinance update related to variances. After reviewing the request against the current variance standards, Staff has found that the applicant meets these requirements and has provided draft findings for consideration by the Planning Commission in the sections below. An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant's request. 1. Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in beeping with the spirit and intent of' this chapter. Definition of practical difficulties - "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an of control. Under this standard, the City would need to find that the construction of a new home at 8961. 37`h Street North is a reasonable use of the property not otherwise permitted under the zoning ordinance. The appropriate findings for this standard would therefore need to note that the proposed house is a reasonable improvement for the lot. Using this standard as a basis, Staff is suggesting that the Planning Commission consider the following: FINDINGS: That the proposed use is reasonable because prior to 2007 there was a single family home located on this site and the property was previously considered buildable as part of a subdivision that was platted prior to adoption of the City's present Zoning Ordinance. With the subsequent adoption of larger minimum lot size requirements by the City, the lot house was considered a legal non- conforming use, in which case it could have been rebuilt on the property within one year of the previous structure being razed. The re-establishment of a single- 4,'')3i<TJi%?Z!?;-i37fiu'1S?ri Oktt;;71.':i enria.ar.i. )Jth J7. '�. I'r',ri�lri; ,?3. ...., ,,:rn tvtt 1:c�i:ii�i! ,.'c'r.•?ilY?'.r i i-1 u-/_'.<frittz page 4 Foriaatacty Request; I rarazwo Lot Si.e 8901 37"';tr°cyv=t lint}z l31Ld1St9 r11r�.l.'1/tZltlt'Ssion Report. 71.!y,'i.sr family home on this lot is reasonable as it is located in a neighborhood of other single family homes with similar lot sizes. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. In order to demonstrate compliance with this standard, the Planning Commission would need to note those aspects of the applicant's property that would not pertain to other properties within the same zoning classification. In this case, an. existing structure that would have otherwise been compliant under the Zoning Ordinance was removed due to a lack of upkeep and maintenance. The current land owner did not cause the property to fall into disrepair, and if he had purchased the land immediately after the demolition was complete, he could have rebuilt without any variances. Again, Staff is suggesting some findings that could be considered by the Planning Commission as follows: FINDINGS: That the applicant's property is unique due to the removal of the previous structure from the premises and the relatively short time frame after which a new structure could have been built without variances from the minimum lot size requirements of the Zoning Ordinance. The current owner of the property was not responsible for the declaration of the previous nuisance conditions on the site, and instead is seeking to restore the past use that is otherwise consistent with the surrounding land uses. This lot is further unique in that the minimum size for a septic system would not be applicable to a lot with an existing house. 3. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. A formal set of findings related to this standard is suggested as follows: FINDINGS: The applicant's lot is larger than many of the lots in the surrounding neighborhood and has historically been used for a single family home. The proposed location of the home on the property is consistent with the siting of homes on adjacent lots. 4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. No impacts above and beyond those considered normal for any other single-family lot in the surrounding neighborhood would be expected should the variance be granted. Considering the potential findings of fact as suggested in the preceding section, Staff is recommending approval of the variance request based on the findings noted in items 1-4 above. As part of the previous variance, the City required that ..111a irrirrg-Bui&:tmg Ik:j;ar'rtt.ynl':';'trx t'Crst: ;ur;OnceYtS 761 3.7th.S1. , .t,trI;_;m ?ep t'I Vrurrzwu lUm,Size. VuP1hrt:.,r.e.i!-14-12A110; Faritlnco Re'Ca7tL'si, f°rayi?1.4Y1 i71`���l:s°C'; ;`}'.`�61 j-rlr 1`{rf:?c',`i�ItJ!°ff'J Plarif7hig('Wrim-4xvior)hepwrx; ••'r 14/f-t that the proposed home connect to the public water service currently available this area. Staff is recommending that this condition be carried forward as part of the present request. The other conditions adopted at part of the 2007 variance on this property were all specific to criteria that need to be met as part of any new home construction in the City and are not being recommended with the current review. variance Based on the analysis of the review criteria in City Code and referenced in the Conclusions: preceding section, Staff is recommending approval of the applicant's request to build a new home at 8961 37`h Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields. Resident Staff has not received any correspondence or had any other communication with Concerns: neighbors in advance of the public hearing. Additional The City's previous review of a variance for this lot and the ensuing extensions did not .Information: identify any critical issues or problems that would be created should a new home be allowed on the applicant's property. Conclusion: The applicants are seeking approval of a variance to build a new home at 8961 37t' Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields. Commission The Planning Commission has the following options: Options: A) Recommend approval of the variance request; B) Recommend denial of the variance request; C) Table the request and direct staff or the applicant to provide additional information concerning this application. The deadline for a Council decision on this item is December 24, 2012, which can be extended an additional 60-days if needed. Rec: Staff is recommending approval of a variance to build a new home at 8961 37`h Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields based on the findings documented in the above Staff report and provided the following condition is met: 1) The proposed house shall be required to connect to the municipal water E. .:YYf'777}"tt7crr , I''tri,,..... rB 3 ;: l j R�.:, i.+!Sf;'l11"41cf l age6 r'rt?fianct:?Requev, 1•ranz1•!Y'1Lot Cl£C:, ,<<61 3 StTeei A-orth 1 lam-.}9drig C,t'alPY1'nission Re.Pcwt 71r711. Isystem. Denial To deny the request, you may use the following motion as a guide: Motion Template: I move to recommend denial of the request for a variance to build a new home at 8961 37"' Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfields ...(please site reasons for the recommendation) .Approval To approve the request, you may use the following motion as a guide: Motion Template. I move to recommend approval of the request for a variance to build a new home at 8961 37t" Street North on a lot that does not meet the City's minimum area requirements for lot size or the required minimum suitable area for septic drainfieids based on the findings as drafted by Staff...(or cite your own) ...with the conditions outlined in the staff report. I cc: Terri Franzwa, 8367 26th Street North, Lake Elmo Thomas DuFresne, 10777 Lansing Avenue North, Stillwater, MN 55082 5 L:t,ir=t r<e Vu kwces°ISW1 337ihSr, --1-ra n{.,r'J,ep i.,(w im'?V'Jriance 1"-.1V...1..'.c <::¢ Page 7 e3 O Fee v City of Lake Elmo (DEVELOPMENT APPLICATION FORM Ej Comprehensive Plan Amendment vaeiaztcc*(see below) ElResider►tial Sttbd�is%an PreliatrinTstylh'inai El Zoning District fiGt Arrrendttaatai [ l ia3or Subdlvisio€t Q 01-w 10 tots Text A.mendumit C(Lot Lime Adjstiscut 0 11--201,ate � 0 21 Lots or Mote ©Flood Rant C,1. Y. Residential Subdivision ❑Excavating&Grading Permit Conditional Uw Penh Sketch/Concept Man Appeal DPW Q Conditional Use Awtr'tit Q Siii&Building Plan Review APPLICANT., (tame) (Mof ft Addroaa) (ZIP) J — 7 m�l (work) (�IoIr� (F-) OWNER:WNR (game) (Mmiling Addres;) (ZIP) r1=L11}r)ONE3: 9r7- p 7 e, (Home) (Mnn)tej. erl� (fie rro 97- PROPERTY LOOATI€ N(A#dross and Complete(Long)Legal Description), P . o0 ° . .01 off° Oev CDETA(LED REA$QN FOR REQUEST- 'VARIANGE RCQVF_6T6,'A,s oartlined -S ion 301.060 C.of the Lake Ekno Municipa)Ccrk the Applicant must dernanstra(e a iaatYislaip b f�►re a vaa�ance coif be granted. The hwdship relat�dttt this app(icatian is as follows: ` .0 a qga ICI•v l� / In signing this applin4on,I hereby acknowledge that I have read and holly unde stand the applicable provisions of the Zoning and Subdivision Qrdh)araros and cur€erat administrative proced=s. I,fig for ao�Ir�Y�i+��the fee explanatierr�as outlined in tl a1a licatio4z nrocetlures and heteb a tee to v all scat toms received hrtarfa the City+ a aiisiaag a 'Additiatyal a Iicat9cm SfgkiatumdAppGoath Da 1 Sfgne{�a aof - QGU,�f d ale _�( If6Q3 Chyoftakc�Elmo 3WO -lake Elm^55ttd2-65r777-55t0-roxOt-77F-9W i' City of Lake Elmo Variance Request A, Fee owner:Thomas DuFresne Contract owner:Terri Franzwa B. 8961 37th Street North, P.I.D. # 16.029.21.14.0007, Lot size: 37,410 square feet and .8588 Acres, existing use is a vacant lot(home built in 1969 removed in 2005), current zoning is ??? C. Provisions of the city code for which we are seeking a variance is Section 300.09 Subdivision 1 and Section 300.07 Subdivision 4C. D. Lot is an existing residential lot located in a neighborhood of similar sized lots which had an existing home on it prior to 2005. Fee owner applied for and was granted these variances in 2007 and an extension in 2009 and was planning on building another home there at that time, however due to the economic conditions did not do so. The variance expired last year.There is city water available to the property at this time and I have a perc test showing that a septic system with backup wilt work on this site. E. Talked to staff.about the need to renew the variance on this site and was shown the fifes from the previous request and discussed the procedure to reapply again. F. Strict enforcement of these ordinances would make the lot unbuildable as the size does not conform and the size of lot to have a septic system on it is below one acre.The characteristics of the lot make it impractical to add land to it as both adjoining property owners are of the same size or smaller in size the subject property. G. As stated above the requests being asked for are because of the characteristics of the property due to its size and past approval for lots of this size in this area. H. Granting of this variance would not alter the essential character of the current neighborhood as all homes in the current neighborhood are similar in size, there was recently a home on this site and also subject lot has a nice tree line buffering the adjoining properties to the south and west. I. The variance requested will not impair an adequate supply of light and air to the adjacent property owners and will not substantially increase the congestion of the public streets or substantially diminish or impair the property values of within the neighborhood as this will be a single family home with proposed access off of 37"" Street, it will be a new home which should help the surrounding single family homes and as noted above has a buffer of trees to the two adjoining properties for additional screening. 1 E ��- try // �30 � d ��J rY > � �J� l Cr' eGa CERTIFICATE.. OF SURVEY767 � wash. Co. C3m Washington County oeftattment of Transportation&Physical Development f RE Coe.. Sect e. Survey-,and Land Management Division r29rt-tz21 w 14949 62nd Street North-8911 a Ww,MN 55D82 ` + 65143"875 t Survey of tax forfiet property made for the 'Aashfngton County � Department of Assessment, Taxpayer Services 8e Etections. ( LEGAL .DESCRIPTION ` Lot 1 and Lot 2, Blade , KEE'tdE2IDGS ADD., at cording to the I T t plat on fide and of record in the Office of the Cou aty Recorder, Washington County, Minnesota. Fnd 1/2 i.:h Fnd 1/2 tnch ....._ gran Pipe, --S 567 � .^.T.. � ...` 7.. . { pinched iron pipe i N 89°28'S3"E •�• � ' i' No co to Fnd 1/2 inch r-•ad �. - f _.___ .. — �-�-N 89°26 23"E N 69°29'53"E N 89°29'53"E �J 1 E 125,00 '; 125.00 ; I ' 125.0: { co rD CS rn cL a' I a v rn p �} o LOT 1 b LOT 2 a t O 1 © b z o 125 (pVak) ! 0 125 (plat) yr tt 12.4.75 ! 125.35 3. S 89139110"W S 89'29'53"W Fn: 1/2 inch rerod Fnd 1/2 inch ��`; pinched iron pipe. n I i f } io " . -:,b i r/'s TES ..•'.. o ••'�•° LEGEND 1JLU i p plats of KENTOGE ADC and KE'NRiDGE 2N) 0 Denotes 718 inch diameter by 18 inch ® „� AL;01770N were plated brief on an erroneous tong iron rerod marked with an aluminum (/' location for the E?14 Corr:r, Section 16, cap inscribed 'WASH CO SURVEYOR PLS � � w c c 129N•-R21W. 26004" unless otherwise noted. w" f) The plots of KE'NFIDGE ADC and KENRil7Gt= 2NQ ® >'tenates found monument, size and ADDITION bath shew 3.3 fPP- Of rfrrht of WrW of morkinas ns i'ndfe®fsad. ma s. ' I ! __.. .4 f Ila . Alur�uoi6ulyseM'ZtOl l�!�ldaJ� HE I?F e t € rY I 17- - � � y - :I .i . I ---i i w a�•o j '�1�� 3 I I ' I t - — I Y r f IF Falls IL 1 FA. I a I i am �, i - I � J tt O . i � a x tl V hl.d LLw: co h. IL d nvm. ER R P ' ,a F yl M hh� t 9 Department of Public Wa§Wngton Health and Environment CNO.Mty Lowell Johnson Director Sue Hedlund Deputy Director November 13,2012 Thomas Weiner Cardinal Homebuilders 533 Hayward Ave N Ste 100 Oakdale,MN 55128 RE: Soil Testing For Parcel#16-029-21-14-0007 Soil testing has been submitted and reviewed for lots 1 and 2 block 2 of the Kenridge addition to the City of Lake Elmo. The area tested is approximately 8000 square feet, 10 feet North of the South lot line and 10 feet East of the West property line. Soils within the tested area are suitable for a standard trench type on-site sewage treatment system. An installation permit for a sewage system may be issued following submittal of a final site plan and a specific sewage system design. As this is a pre-existing substandard lot, a variance to lot size may be required. In any event,the lot must be approved for building by the City of Lake Elmo prior to issuance of a sewage treatment system permit, The approved area should be protected from excavation or fill. Disturbance of the area will void this approval. If you have any questions,call me at(651)430-6676 Sincerely, Pete Ganzel Senior Environmental Specialist Government Center . 14949 62nd Street North—P.O. Box 6,Stillwater,Minnesota 55082-0006 Phone: 651-430-6655 o Fax: 651-430-6730 • TTY: 651-430-6246 www.co.washington.mn.us Equal Employment opportunity/Affirmative Action r rr crlry OF AKA LM1 0 MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM#: 11 MOTION AGENDA ITEM: Variance— 974 Jasmine Ave.N. SUBMITTED BY: Nick M. Johnson, City Planner THROUGH: Dean A. Zuleger, City Administrator REYIEkN"ED BY: Planning Commission Kyle Klatt, Planning Director SUMMARY AND ACTION REQUESTED: The City of Lake Elmo has received an application from Gary and Richelle Jader,974 Jasmine Avenue North, for a variance to construct an accessory building closer to the front lot line than the principal structure. The proposal involves the construction of a detached garage for the purpose of storage of tools and yard equipment. The Lake Elmo Zoning Ordinance(§154.092) does not allow accessory buildings to be located nearer the front lot line than the principal structure in residential district. The Planning Commission held a public hearing for this variance request on 1.1/14/12, at which the Commission recommended approval of the variance. BACKGROUND INFORMATION: Gary and Richelle Jader submitted a building permit to construct an accessory structure on their property at 974 Jasmine Ave. N. When the applicants found that the proposed site would conflict with the Zoning Ordinance, they decided to apply for a variance. The proposed site is the most writable due to a.number of constraints, which are outlined in the Staff Report. Initially, the applicants wanted to build the structure further to the West, but were unable to do so due to the location of their septic drainfeld, as well as the 10-foot setback required by Washington County. The Jaders wish to build the accessory building in order to store various tools, such as their snow blower,lawn mower,and other gardening equipment. STAFF REPORT: Due to the site conditions of the property at 974 Jasmine Ave.N.,the applicants have found it problematic to locate the proposed accessory structure in any other location on their property. The site has several constraining elements, including an existing septic drainfield, steep slopes along the sides of the principal structure, as well as concerns related to access to the detached. garage. After discussing these problems with the applicants, Staff made a site visit to the property and found the constraints to be accurate. In order to approve a variance under the new State Statute,the applicant must demonstrate compliance with 4 required findings: I. Practical Difficulties 2. Unique Circumstances 3. Character.of the Locality 4. Adjacent Properties and Traffic Staff reviewed the application and determined that the variance request met the 4 required findings. Additional detail about this review can be found in the Staff Report to the Planning Commission. In addition to the Staff review of the proposed variance, four of the applicant's adjacent neighbors submitted letters in support of the proposed project. These letters support the applicant's case that the proposed location of the accessory building is the most suitable site on the property. The letters of support are attached. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the Variance by taking the following action: 661YLove to approve Resolution 2012-61, approving the Variance at 974 Jasmine Avenue North, as recommend by the Planning Commission. ATTACHMENTS: 1. Resolution 2012-61 2. Planning Commission.Report, 11-14-12 3. Application and Applicant Narrative 4. Site Plan 5. Location Map 6. Site Photos 7. Letters of Support froze the Neighboring Property Owners SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................Planning Director - Questions from Council to Staff............................................. Mayor Facilitates - Public Input, if Appropriate.................................................... Mayor Facilitates - Call for Motion................................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-61 A RESOLUTION GRANTING A VARIANCE TO ALLOW FOR THE CONSTRUCTION OF AN ACCESSORY BUILDING NEARER THE FRONT LOT LINE THAN THE PRINCIPAL STRUCTURE AT 974 JASMINE AVENUE NORTH WHEREAS,Mr. Gary Jader and Mrs. Richelle Jader have requested a variance to allow construction of an accessory building nearer the front lot line than the principal structure at 974 Jasmine Avenue North; and WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on November 14,2012, and reviewed and recommended approval of the variance to allow construction of the accessory building nearer the front lot line than the principal structure with the following condition: 1. The accessory structure must be located as far from the front lot line as possible while still meeting the required 10-foot setback from the existing septic drainfield. NOW FREREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby approves a Variance at 974 Jasmine Avenue North to allow construction of an accessory building nearer the front lot line than the principal structure. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO THE TWENTIETH DAY OF NOVEMBER, 2012. By. Brett Emmons Mayor Pro Tem ATTEST: Adam Bell City Clerk Resolution 2012-61 1 City of Lake Elmo Planning Department Variance Request To: Planning Commission From: Nick M. Johnson, City PIanner Meeting Date: 11/14/12 Applicant: Gary and Richelle Jader Owner. Gary and Richelle Jader Location: 974 Jasmine Avenue North Zoning: RE-Residential Estates Introductory h! or ration Application The City of Lake Elmo has received an application from Gary and Richelle Jader,974 Summary: Jasmine Avenue North, for a variance to construct an accessory building closer to the front lot line than the principal structure. The proposal involves the construction of a detached garage for the purpose of storage of tools and yard equipment. The Lake Elmo Zoning Ordinance as it pertains to accessory structures, §154.092,does not allow accessory buildings to be located nearer the front lot line than the principal structure. The applicant has provided a written statement to the City indicating the reason for the placement of the detached garage. In addition, the applicant narrative addresses how the proposed variance meets the 4 required findings to grant a variance. Property The Jader's property at 974 Jasmine Avenue North is located on the southwest corner Information: of Jasmine Ave. and CSAH-10(10'h St. N.) in the Stonegate Neighborhood of Lake Elmo. The attached location map details the location of the property. Applicable Section 154.092-Accessory Buildings and Structures Codes: (I) 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. Section 150.017 Variances. (A-I)Variances. Identifies procedures and requirements for the processing and review of a variance application. Please note that this section was recently « =:'.Ilia',inn A}'... Al. updated by the City to comply with revisions to Minnesota State Statutes. Findin s & General Site Overview Site Data: Lot Size: 2.5 acres Existing Use: Single Family Detached Dwelling Existing Zoning:RE—Residential Estates Property Identification Number(PID): 34.029.21.22.0001 Ap plication Review: Variance As outlined in the applicant's narrative,the detached garage is intended to be used for Review: gardening equipment and tool storage, such as snow blower and other equipment. Due to the characteristics of the lot and location of the septic drainfield, the applicant was unable to locate the structure in the desired location behind the principal structure further to the west of the proposed location. The attached site plan shows the proposed location of the accessory building. Regarding the proposed location of the accessory building, the applicant's have noted that there are several difficulties in locating the accessory building behind the principal structure on.the Jader's property. On the north side of the lot, the location of the septic drainf eld does not allow the garage to be located behind the principal structure due to the required setbacks from drainfieid areas. Alternatively,the applicant noted that expanding the existing attached garage to the north presented structural challenges as reported by the applicant's builder, and would limit access to the rear yard of the property. In terms of locating the structure to the west of the principal structure, or in the rear yard,difficulties arose from a standpoint of poor access. Finally, locating the structure on the south side of the home was not feasible due to steep slopes, and several mature trees would need to be removed. Staff did make a site visit to confirm.these difficulties and found the applicant's description to be accurate. In addition, Staff has determined that the proposed location of the detached garage is 91 feet from the front yard lot line, and would therefore be consistent with the intent of the RE zoning district,keeping structures away from the street area. It should also be noted that the neighbor to the south of the Jader's property, Kris Taylor,has submitted a letter of support for the proposed location of the accessory structure. This letter is also attached in the packet. In discussing possible locations for the detached garage,it is noteworthy that locating the structure in the rear or side (southern)yard would make the structure far more visible to the adjacent neighbors. 1, An applicant must also establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below: 1. Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected e ago 2 Furia nce Re:;ii{a,; 974,1asm;;leAve. `. 1-kinl ing ';);ltlt)ysi!m phi'port. !1;1 %1 property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in. keeping with the spirit and intent of this chapter. Definition of practical difficulties - "Practical difficulties" as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. z. Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. 4. Adjacent properties and traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Given the information that has been submitted by the applicant and pending further review by the Planning Commission, staff would offer the following suggested findings specific to the variances that have been requested by the applicant: 1. The proposed use of a detached garage in the proposed location is a reasonable use of the property. The applicant has demonstrated that the proposed location is the most suitable location on the site. In addition, Staff has determined that the intent of the RE district is still being met. Staff determines that this criterion is met. 2. The location of existing drainfield and steep slopes surrounding the principal structure are unique to the lot, and make locating the structure in another location problematic. In addition, the fact that the Jader property is a corner lot., with the side (corner) yard facing all of the adjacent properties, makes locating the accessory building to the south of the principal structure more problematic from a screening standpoint. Staff determines that this criterion is met. 3. The applicant has noted that the detached garage will match the principal home architecturally. In addition, the .structure is tucked into the existing wooded area as much as possible, offering additional screening to the north. Regarding the surrounding residential properties, detached accessory structures are common to the neighborhood. The addition of this accessory structure is consistent with the intent gf'the RE district and would not alter the character of the locality. Staff determines that this criterion is met: 4. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property 4.i'.•T i'fai"Iflii E:f'3;i'lf f?r.',i'7: «i 4f I7.517ii7ri';il'L'. Al. r17r777!; (i 7777i.1:�7fi7i Reno 7'7; ;fl values within the neighborhood. Staff determines that this criterion is met Conclusions: Staff finds that the applicants have met the 4 necessary criteria for a variance and demonstrated that the proposed location for the accessory building is consistent with the purpose or intent of the RE zoning district. Conclusion: Gary and Richelle Jader,974 Jasmine Ave.N.,have submitted a request for a variance to construct a detached garage nearer the front lot line than the principal structure. Staff Rec: Staff is recommending that the Planning Commission recommend approval of the variance request by Gary and Richelle Jader, 974 Jasmine Avenue North, given that the request meets the four criteria for a variance. In addition, Staff recommends to add a condition that the applicant must keep the accessory structure as far from the front lot line as possible (while meeting the septic drainfield setback) in order to meet the intent of the RE zoning district. Approval To approve the request,you may use the following motion as.a guide: Motion Template: "More to recommend approval of the variance request at 974 Jasmine Ave. N. to allow the construction of an accessory structure nearer the front lot line than the principal structure with the following condition: I. The accessory structure must be located as far from the front lot as possible while still meeting the required 10-foot setback from the existing septic drainfield." cc: Gary and Richelle Jader rev City of Lake 'E�mo DEVELOPMENT APPLICATIONJi FORM F-1 Comprehensive Plan Amendment ariance* (See below) D Residential Subdivision Preliminaury/Final Plat ID Zoning District Amendment FjMij)oj-Subdivision 0 01 - 10 Lots F�Text Amendment F-1 Lot Line Adjustment 0 11 --20 Lots 0 21 Lots or h4oree f-1 Flood Plain C.U.P. Ej Residential Subdivision ID Excavating&Grading Pernift, Conditional Use,Permit Sketch/Concept.Plan [I Appeal ❑PUD Conditional Use Permit(C.U.P.) ❑Site&Building Plan Review -_--4\ APPLICANT: C. L4- �S�Z—I )p R AVe—'.— L/ (Name) Z (Mading Address (zip) -71t - 7t o TELEPHONES:. C 7 0 C> _ (Rome) (Work) (Mobile) (Fax) FEE OWNER: (Name) (Mailing Address) (zip) TM-EPHONES:— !� A (Home) (Work) (Mobile) (Fax) PROPERTY LOCATION (Address and Complete (Long)Legal Description)- -,S 4�W \ DETAILED REASON FOR REQUEST-. -j AjJ A�f kc-c4ZoRV 0 C\j C S114's AV 'VARIANCE REQUESTS: As outlined.in Section 301.060 C.of the Lake Elmo Municipal Code,the Applicant must Jernonstrate a hardship befbre a variance can be granted. The hardship related to this application is as follows: Lit+ t� e,)W fis Ors 6AgArV, " MiVe-DAy— lf A -J I -r (ris f?c..-- o(uj e- 0 tV N-6 Lm?- -4 .n signing this application,I hereby acknowledge that I have read mid fully understand the applicable provisions of the 7-oning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee_explanation as outlined in the application procedures and Lie ye�AgLee.tppay all statements received from the,Qy pertaining to additional application expense. C Signature Sf Appf f DW Signiture of Applicant 1011003 City of 12kc.rahno-3E06 Uverac Avmva North,—Uke Elmo- iiO42-651-771-5510-Fax 65[-777-9615 Gary and Richelle Jader 974 Jasmine Ave No Lake Elmo, MN 55042 October 23, 2012 Variance Application Project Narrative 041 1) Practical Difficulty The difficulty we face on our property for placement of the accessory building is due to the location of our drain field and septic system. Our first choice for location of the building was, unfortunately, too close to our drain field. We must be at least 10 feet away from the outside edge of the field, and that is why we've chosen the location we're requesting. We've chosen this spot because it is convenient and proximally located to the house - it will house the snowblower, shovels, rakes, lawn mower, hoses, potting and garden items, and other items needed often. 2) Unique circumstances The drain field is a circumstance that is beyond our control; one not created by us. 3) Character of locality The building location on our property, for which we are requesting this variance, is tucked into the trees to the right of the house (facing the house from Jasmine), will have an inviting approach, be architecturally pleasing and fitting with our home's style, have windows, window boxes, nicely pitched roof, made of material that matches the house, will add to the overall aesthetics of our yard and property, and incorporate an attractive brick patio gathering place. It will augment our existing brick patio and fountain area in front of our house. (It won't be a steel structure stuck in the middle of the yard.) 4) Adjacent properties and traffic The proposed building will not impair "light and air supply" as it will be lower than the surrounding trees. The approach to this building will not have an impact on neighborhood traffic congestion as it does not have it's own driveway. In our opinion, this building substantially adds to the value of our property and augments the look and feel of the neighborhood. r E y. 3 .., _ .... � ......_..... _.-..v..... 14. _,. a `_....._.__....__..,.._........ _.......__...i.. _._. .......... ri I : r a ! -'�+.� i• . .z ,�ram_ _ -- - -. - - ..... -.. :......._... ,;..:...... ...:.........a..__. I v.:..., : __. -._.._..__...... �.... .._.:..__.... ........ , i a.. i ` f I .i 1..- i I _ . i 41. _...._:..... ....._......... i [_[�. "` , � L , I .,...., : • t , __.... _ — i I ` ; . . I _ '• +VIf i , , , .. ..: ... ........ .. .... - ' ; i� l�) _ ; i 1 i.. '. . , w .... i I d ;u 3 y� 1 Uz" 5 17 IPW RX NIF a a 974�a�rne Ave.N*.. �r A K �t 1 y'•f L 74 Jasmine Ave. N. .....:... .................... ,rE�r c;r.r 0F pp City of Lake Elmo 0 50 100 200 Feet LA E.:' ELM() 11-9-2012 Data 5cource: 1QQ Washington County, MIV Site Photos:Jader Property-974 Jasmine Ave. N. (North Side of Jader Property South Side of the Jader Property z r f 3 Septic Drainfieid Site Proposed Garage Location �. Y 9' „ yk s To: City of Lake Elmo From: Kris Taylor & Brian Roloff Re: Proposed construction of outbuilding on the property at 974 Jasmine Ave (Jader's) We live at 9179 9'h St. N. and are neighbors directly across from the Jaders in Stonegate. Their plan to build an outbuilding on their property is fine with us. They are planning to build a structure that is consistent with the design of their home and consistent with the look and feel of the neighborhood. In addition, it is partially tucked into their woods and they have no plans to build an additional driveway on their property that would connect this building to Jasmine. in fact, we think it is great they are investing in the neighborhood. If you have any questions, we would be happy to speak to you. Res p ctfully ome phone: 612- 80-9533 October 25, 2012 To: City of Lake Elmo From: Gino and Peggi Monico Re: Proposed construction of outbuilding on the property at 974 Jasmine Ave (Jader's) We live at 9251 9" St N in Lake Elmo and are neighbors of the Jaders in Stonegate. Their plan to build an outbuilding on their property is fine with us. They are planning to build a structure that is consistent with the design of their home and consistent with the look and feel of the neighborhood. In addition, it is partially tucked into their woods and they have no plans to build an additional driveway on their property that would connect this building to Jasmine. If you have any questions, we would be happy to speak to you. Respec ul y, Gino Monico Peggi onico, Home phone: 651.730.7113 To: City of Lake Elmo �' l ?. I I IEyUf From: ��� ��;`e c_ �. � -�.c �� Re: Proposed construction of outbuilding on the property at 974 Jasmine Ave (Jader's) We live at %3t/-9" s� ""' and are neighbors of the Jaders in Stonegate. Their plan to build an outbuilding on their property is fine with us, They are planning to build a structure that is consistent with the design of their home and consistent with the look and feel of the neighborhood. in addition, it is partially tucked into their woods and they have no plans to build an additional driveway on their property that would connect this building to Jasmine. If you have any questions, we would be happy to speak to you. Respectfully, C Home phone: To: City of fake Elmo _ From; Re: Proposed construction of outbuilding on the property at 974 Jasmine Ave (Jailer's) We live at a c "� i` ( _and are neighbors of the Jaders in Stonegate. Their plan to build an outbuilding on their property is fine with us. They are planning to build a structure that is consistent with the design of their home and consistent with the look and feel of the neighborhood. In addition, it is partially tucked into their woods and they have no plans to build an additional driveway on their property that would connect this building to Jasmine. If you have any questions, we would be happy to speak to you. Respectfully, Home phone: f �� ............I.............. TF-IF,' CITY OF LAKE F J--MO ......................�� MAYOR AND COUNCIL COMMUNICATION DATE: 11/20/2012 CONSENT ITEM #: 12 MOTION Regular Agenda AGENDA ITEM: Approval to put out an RFP for year-end audit services SUBMITTED BY: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: The City Council is respectfully asked to approve the issuance of an RFP to obtain quotes for year-end audit services. BACKGROUND INFORMATION: Abdo Eick and Meyers LLP has been performing the audit of the financial statements for the City of Lake Elmo for over 10 years. It does not appear that an RFP has been put out for competitive quotes during this time. The contract period historically was for three years; the most recent of which expired in 2010. For 2011, due to the staffing changes, a one year extension of that agreement was put into place, RECOMMENDATION: With the competitive nature of the current market and based on comments from other audit firms it appears The City of Lake Elmo may be able to save as much as 15% (approximately $4k) on the annual audit fee expense by merely putting out a Request for Proposal. It is recommended that the City Council approve issuing an RFP for quotes for performing the year-end audit, "Move to approve issuance of an RFP for quote for performing the year-end audit beginning with year-end 2012" ATTACHMENTS: 1. RFP j. al Request for Proposal for Professional Aud-ft. ,ing Services For Fiscal Years Ending 1 TABLE OF CONTENTS I. INTRODUCTION A. General Information B. Term of Engagement C. Subcontracting II. NATURE OF SERVICES REQUIRED A. General B. Scope of Work to be Performed C. Auditing Standards to be Followed D. Reports to be Issued E. Reporting to the Audit Committee F. Special Considerations G. Working Paper Retention and Access to Working Papers III. DESCRIPTION OF THE GOVERNMENT A. Name and Telephone Number of Contact Person B. Background Information C. Budgetary Basis of Accounting D. Federal and State Financial Assistance E. Pension Plans IV. TIME REQUIREMENTS A. Proposal Calendar B. Notification and Contract Dates C. Schedule for the 2011 Fiscal Year Audit I. Preliminary Audit Work 2. Detailed Audit Plan and Programs 3. Fieldwork. 4. Draft Reports D. Date Final Report is Due V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance B. Work Area,Telephones,Copiers,Fax Machines,Internet Connection C. Report Preparation(CAFR) VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Submission of Notification of Interest 2. Inquiries 3. Submission of Proposals B. Proposal i. General Requirements 2. Independence 3. License to Practice in Minnesota 4. Firm Qualifications and Experience 5. Partner, Supervisory and Staff Qualifications and Experience 6. Similar Engagements with Other Government Entities 7. Specific Audit Approach 8. Identification of Anticipated Potential Audit Problems 9. Report Format C. Dollar Cost Bid 1. Total All-Inclusive Maximum Price 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each 3. Out-of-pocket Expenses in the Total All-inclusive Maximum Price and Reimbursement Rates 4. Rates for Additional Professional Services 5. Manner of Payment VII. EVALUATION PROCEDURES A. Audit Committee B. Evaluation Criteria 1. Mandatory Elements 2. Technical Qualifications 3. Price C. Oral Presentations D. Final Selection E. Right to Reject Proposals ATTACHMENTS A. Proposer Warranties B. Schedule of Proposed Fees for City of Lake Elmo Audit I. INTRODUCTION A. General Information The City of Lake Elmo is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal years ending December 31,2012,2013,and 2014. This audit is to be performed in accordance with auditing standards generally accepted in the United States of America;the standards for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States,the Single Audit Act Amendments of 1996, and the provisions of OMB Circular A-133. There is no expressed or implied obligation for the City of Lake Elmo to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. To be considered,three(3)copies of a proposal must be received by Cathy Bendel,Finance Director, at 3800 Laverne Avenue N,Lake Elmo,MN 55042 by 4:00 P.M. on December 20,2012. The City of Lake Elmo reserves the right to reject any or all proposals submitted. Proposals submitted may be evaluated by an Audit Committee, which may consist of industry experts in addition to City Staff. During the evaluation process the City reserves the right,where it may serve the City's best interest, to request additional information or clarifications from responding firms,or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals,unless clearly and specifically noted in the proposal submitted and confirmed in the engagement letter between the City of Lake Elmo and the firm selected. B. Term of Engagement An initial 3-year contract is contemplated subject to annual review of performance. All contract renewals will be at the sole discretion of the City,with scope of services and pricing to be negotiated. The City may select a formal bid process after the initial 3-year contract. C. Subcontracting Following the award of the audit contract,no subcontracting will be allowed.without the expressed prior written consent of the City of Lake Elmo. 1 H. NATURE OF SERVICES REQUIRED A. General The City of Lake Elmo is soliciting the services of qualified firms of certified public accountants to audit its financial statements for the fiscal years ending December 31,2012,2013, and 2014. This audit is to be performed in accordance with the provisions contained in this request for proposals. B. Scope of Work to be Performed The City of Lake Elmo desires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with.generally accepted accounting principles. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. The auditor is not required to audit the MD&A,OPEB information,or the statistical section of the report. C. Auditing Standards to Be Followed To meet the requirements of this request for proposals,the audit shall be performed in accordance with: • The auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. The provisions of the Single Audit Act as amended in 1996. The provisions of U.S. Office of Management and Budget(OMB) Circular A-133. The provisions of the Minnesota Legal Compliance Audit Guide for Local Government D. Reports to be Issued Following the completion of the audit of the fiscal year's financial statements,the auditor shall issue: I. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. 2. A report on the compliance and internal control over financial reporting based on an audit of the financial statements. 3. A report on compliance with applicable laws and regulations. In the required report on internal controls,the auditor shall communicate any reportable conditions or material weaknesses, as defined by Government Auditing Standards, found during the audit. 2 lrrewlarities and illegal acts. Auditors shall be required to make an immediate,written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the City Administrator and the City Council. E. Reporting to the Audit Committee(if applicable) Auditors shall assure themselves that the City of Lake Elmo's audit committee (if applicable) is informed of each of the following: 1. The auditor's responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates 4. Significant audit adjustments 5. Other information in documents containing audited financial statements b. Disagreements with management 7. Management consultation with other accountants 8. Major issues discussed with management prior to retention 9. Difficulties encountered in performing the audit P. Special Considerations 1. The City of Lake Elmo currently anticipates it will prepare one or more Official Statements in connection with the sale of debt securities which will. contain the general purpose financial statements and the auditor's report thereon. The auditor shall be required, if requested by the underwriter, to issue any necessary documentation to substantiate the financial information contained in the Official Statement. G. Working Paper Retention and Access to Working Papers All working papers and reports must be retained,at the auditor's expense,for a minimum of three(3) years, unless the firm is notified in writing by the City of Lake Elmo of the need to extend the retention period. The auditor will be required to make working papers available,upon request,to the following parties or their designees: • City of Lake Elmo • MN State Auditor 3 ■ U.S. General Accounting Office(GAO) • Parties designated by the federal or state governments or by the City of Lake Elmo as part of an audit quality review process • Auditors of entities of which the City of Lake Elmo is a sub-recipient of grant funds In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. III. DESCRIPTION OF THE GOVERNMENT A. Major Contact Person: The auditor's principal contact with the City will be Cathy Bendel, Finance Director, or a designated representative, who will coordinate the assistance to be provided by the City of Lake Elmo to the auditor. B. Background Information • The City of Lake Elmo is located in Washington County and serves an area of 32 square miles with a population of 8,069. • The City of Lake Elmo's fiscal year begins on January 1 and ends on December 31 • The City is a statutory City with a Council-Administrator form of government • The City provides the usual services to its citizens which include police and fire services, parks, street construction and maintenance, and land use plaruling, including code enforcement. The City also provides water, sanitary sewer, and storm sewer services • The City has a total payroll of approximately$1.5 million covering 18 fall-time employees and 28 part-time and seasonal staff • The City has a combined budget of$11.5 million • The City is organized into four departments. The accounting and financial reporting functions of the City are centralized. • More detailed information on the City and its finances can be found in the 2011 annual budget which is available on the City's website at: htqi://www.lakeeiiiio.orPL",under the Finance tab 4 C. Budgetary Basis of Accounting The City prepares its budgets on a basis consistent with generally accepted accounting principles. D. Federal and State Financial Assistance During one or more of the fiscal years to be audited, the City does expect to receive in excess of $250,000 of State and Federal assistance from various programs. The specific programs and information will be available prior to the interim work. E. Pension Plans All full time and certain part-time employees of the City are covered by defined benefit pension plans administered by the Public Employees Retirement Association of Minnesota(PERA). The association administers the Public Employees Retirement Fund and the Public Employees Police and Fire Fund which are cost sharing, multiple employer retirement plans. The Lake Elmo Fire Department Relief Association has its own plan and submits an audited report to the City. IV. TIME REQUIREMENTS A. Proposal Calendar Request for proposal issued November 20, 2012 Due date for proposals December 15, 2012 B. Notification and Contract Dates Selected firm notified December 31, 2012 Engagement Letter executed January 15,2013 C. Schedule for 2012 Fiscal Year Audit The City will have all records ready for audit and all pertinent staff available to meet with the firm's personnel at a date that is mutually convenient. Each of the following should be completed by the auditor no later than the dates indicated. 1. Preliminary Audit Work The auditor shall complete preliminary audit work by February 15, 2013. 5 2. Detailed.Audit Plan By February 15,2013 the auditor shall provide the City a detailed.audit plan and a list of all schedules to be prepared by the City. 3. Fieldwork The auditor shall complete all fieldwork by April 20,2012. 4. Draft Reports The auditor shall have reviewed drafts of the audit report(s) and completed auditor's reports for the CAFR(if applicable)by May 31,2013. D. Date Final Report is Due The City shall prepare final financial statements, notes, required supplementary schedules and. statistical data by June 15, 2013. The auditor shall provide all recommendations, revisions, and suggestions for improvement to the City by June 30,2013. The final auditor reports and ten signed copies should be delivered to the Finance Director at 3800 Laverne Avenue N, Lake Elmo, MN 155042 by June 15, 2013. V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR &REPORT PREPARATION A. Finance Department and Clerical Assistance The finance department staff and applicable City management will be available during the audit to assist the firm by providing information,documentation,and explanations. The preparation of audit confirmations will be the responsibility of the City. B. Work Area,Telephones, Copiers, Fax Machines, Internet Connection The City will provide the auditor with a conference room that includes adequate work space,desks, and chairs. The auditor will also be provided with access to telephone lines,copiers,fax machine, and wireless internet connectivity. C. Report Preparation(CAFR) Report preparation, editing, and printing shall be the responsibility of the City(if applicable). 6 VI. PROPOSAL REQUIREMENTS A. General Requirements 1. Time will be made available to Audit Firms for an on-site visit should one be desired. 2. Inquiries Inquiries concerning the request for proposals and the subject of the request for proposals should be made to: Cathy Bendel, Finance Director ebendel@lakeelmo.org (651) 747-3909 3. Submission of Proposals The following material is required to be received by December 15,2012 for a proposing firm to be considered: a. Three(3) copies of the Proposal to include the following: i. Title Page Title page showing the request for proposals subject; the firm's name; the name,address,and telephone number of the contact person; and the date of the proposal. ii. Table of Contents iii. Transmittal Letter A signed letter of transmittal briefly stating the proposer's understanding of the work to be done, the commitment to perform the work within the time period,a statement why the firm believes it to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for 60 days. iv. Detailed Proposal The detailed proposal should follow the order set forth in Section VI B of this request for proposals. 7 b. Proposers should send the completed proposal to the following address: Cathy Bendel,Finance Director City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 B. Proposal 1. General Requirements The purpose of the Proposal is to demonstrate the qualifications,competence and capacity of the firms seeking to undertake an independent audit of the City of Roseville in conformity with the requirements of this request. As such, the substance of proposals will cant'more weight than their form or manner of presentation The Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements. 2. Independence The firm should provide an affirmative statement that is independent of the City as defined by Government Auditing Standards. The fines should also list and describe the firm's professional relationship involving the City or any of its agencies for the past five(5) years,together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City written notice of any professional relationships entered into during the period of this agreement. 3. License to Practice in Minnesota An affirmative statement should be included that the firm and all assigned key professional staff are properly registered and licensed to practice in Minnesota. 8 4. Firm Qualifications and Experience The proposer should state the size of the firm, the size of the firm's governmental audit staff,the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. If the proposer is a j oint venture or consortium,the qualifications of each firm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal auditor should be noted, if applicable. The firm is also required to submit a copy of the report on its most recent external quality control peer review, with a statement whether that quality control review included a review of specific overnment engagements. The firm shall also provide information on the results of any federal or state desk or field reviews of its audits during the past five(5)years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past five(5) years with state regulatory bodies or professional organizations. 5. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners,managers,other supervisors and specialists,who would be assigned to the engagement. Indicate whether each such person is registered or licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Engagement partners,managers,other assigned staff may be changed if those personnel leave the firm, are promoted, or are assigned to another office; provided that the replacements have substantially the same or better qualifications or experience. The City retains the right to approve or reject replacements. 9 b. Similar Engagements with Other Government Entities For the firm's office that will be assigned responsibility for the audit,list the most significant engagements(up to 5)performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 7. Specific Audit Approach The proposal should set forth a work plan, including an explanation of the audit methodology to be followed,to perform the services required in Section 11 of this request for proposal. In developing the work plan,reference should be made to such sources of information as the City's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposers will be required to provide the following information on their audit approach: a. Proposed segmentation of the engagement b. Level of staff and number of hours to be assigned to each proposed segment of the engagement C. Sample size and the extent to which statistical sampling is to be used in the engagement 8. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City. 9. Report Format The proposal should include sample formats for required reports. 1.0 C. Dollar Cost Bid 1. Total All-Inclusive Maximum Price The dollar cost bid should contain all pricing information relative to performing the audit engagement as described in this request for proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such.costs should not be included in the proposal. 2. Rates by Partner, Manager, Supervisory and Staff Level Times and Hours Anticipated for Each The dollar cost bid should include a schedule of professional fees and expenses,presented in the format provided in Attachment B,that supports the total all-inclusive inaximum price. 3. All estimated out-of.-pocket expenses to be reimbursed should be presented in the format provided in Attachment B. All expense reimbursements will be charged against the total all-inclusive maximum price submitted by the firm. 4. Rates for Additional Professional Services If it should become necessary for the City to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement,then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Any such additional work agreed to between The City and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost bid. 5. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's dollar cost bid proposal. Interim billing shall cover a period of not less than a calendar month. 11 VII. EVALUATION PROCEDURES A. Audit Committee Proposals submitted may be evaluated by an Audit Committee. The City of Lake Elmo reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. B. Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process. 1. Mandatory Elements a. The audit firm is independent and licensed to practice in Minnesota. b. The firm has no conflict of interest with regard to any other work performed by the firm for the City. C. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal d. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work. 2. Technical Qualifications a. Expertise and Experience 1. The firm's past experience and performance on comparable government engagements 2. The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation b. Audit Approach 1. Adequacy of a proposed staffing plan for various segments of the engagement 2. Adequacy of sampling techniques 12 3. Adequacy of analytical procedures 3. Price Please complete Attachment B C. Oral Presentations It is expected that the City will request all firms selected as a finalist to make an oral presentation. Such presentations will provide firms with an opportunity to answer any questions the City may have on a firm's proposal. D. Final Selection The Finance Director and City Administrator will recommend to the City Council the appointment of a CPA firm judged to be most responsive and responsible proposer for the auditing services requested. The final decision with respect to the appointment will be made by the City Council. E. Right to Reject Proposals Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in the engagement letter between the City and the firm selected. The City of Lake Elmo reserves the right without prejudice to reject any or all proposals. 13 ATTACHMENT A PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Minnesota laws with respect to foreign (non-state) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts;or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City. D. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Fame(typed): Title: Finn: Date: A ATTACHMENT B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2012 FINANCIAL STATEMENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF OTHER(SPECIFY) SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 201.2 AUDIT ** Excludes cost of Single Audit (if necessary). B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2013 FINANCIAL STATEMENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF OTHER(SPECIFY) SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 2013 AUDIT ** ** Excludes cost of Single Audit (if necessary). B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2014 FINANCIAL STATEMENTS STANDARD QUOTED HOURLY HOURLY HOURS RATES RATES TOTAL PARTNERS MANAGERS SUPERVISORY STAFF STAFF — OTHER(SPECIFY) SUBTOTAL OUT-OF-POCKET EXPENSES (SPECIFY) TOTAL NOT-TO-EXCEED COST FOR THE 2014 AUDIT ** Excludes costs of Single Audit(if necessary). B SUMMARY SCHEDULE YEAR NOT-TO-EXCEED AMOUNT 2012 2013 2014 GRAND TOTAL ** Excludes cost of Single Audit(if necessary) C ........... THE CiTY OF I A ELMO MAYOR & COUNCIL COMMUNICATION ................ DATE: November 20, 2012 REGULAR ITEM #: 13 - $ MOTION AGENDA ITEM: Animal Control Contract with Companion Animal Control LLC SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Pro Tern Emmons RFVIE'�VLD BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: .Approve a contract for municipal animal control with Companion Animal Control LLC, Bayport, MN in the amount of approximately $7200 per year($6,000 retainer- $1,200 in animal collection costs). BACKGROUND INFORMATION- Currently the City of Lake Elmo places the responsibility of animal control within its law enforcement agreement with Washington County — which has assigned the use of an old squad car specifically for canine dog control—BUT—does not retrieve stray / feral cats. On average, the retrieval of a dog removes a deputy from the road approximately 2 hours..on average—leaving Lake Elmo marginally covered by police. In the Fall of 2012, the Woodbury Humane Society Shelter informed the City of Lake Elmo that they would no longer receive dogs from Lake Elmo, if the City did not also provide for the collection of feral cats. Washington County Sheriff's Department will not retrieve cats, so the City has been searching for alternative options. STAFF REPORT: In trying to procure animal control services, the City of Lake Elmo looked to fill three basic needs: I. The humane treatment of animals; 2. The enthusiastic retrieval of cats; 3. A cost effective way to retrieve animals based on capture,not time or mileage. City staff spoke with. surrounding communities on their annual cost of retrieval, and program costs ranged from $6,000 - $15,000 per year. A list of possible animal control options were developed including partnering with Stillwater / Roseville. In this process a list of names was developed that included Brittany Foley, an animal control specialist that works part-time at the Woodbury Shelter. Ms. Foley was vetted, found to meet the basic requirements and was willing to be paid on 24/7 graduated retainer plus per animal retrieval as opposed to mileage reimbursement. The Administrator, with City Attorney review, drafted a service contract with --page I -- City Council Meeting [Regular Agenda Item 13] November 20,2012 Companion Animal Control, LLC — Brittany Foley, Managing Member to begin retrieval of canines and cats in accordance with the wishes of the Woodbury Humane Society Shelter. The contract includes: 1. A$500 per month 24/7 availability retainer; 2. A $30 per animal retrieval fee from the hours of 7 AM — 7 PM, a $45 fee per animal retrieval fee from 7 PM to 7 AM, and $60 animal retrieval fee on holidays; 3. All efforts will be made to identify the owner and deliver the animal —to the owner with a citation for violation of the leash law; 4. Contractor will carry $300,000 of general liability insurance and name the City as an additional insured when performing animal retrieval duties for a Lake Elmo. 5. The Contract contains periodic review. In addition, to the animal control contract the City staff is in the process of developing a revenue neutral animal licensing and stray animal fine schedule to recover as much of the annual retrieval cost as legally possible. RECOMMENDATION: Based on the aforementioned information,the City Staff recommends the following action: Motion: To engage in a contractual relationship with Companion Animal Control, LLC for the purpose of stray dog & cat animal retrieval under the terms spelled out in the service agreement dated November 20, 2012. Further, the Cite Staff is instructed to develop an animal license and fine schedule that will create a revenue neutral financial condition for the retrieval of stray animals.. ATTACHMENTS: Service Agreement with Companion Animal Control, LLC SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff............................................. Mayor Facilitates - Public Input, if Appropriate.................................................... Mayor Facilitates - Call for Motion...............................................................Mayor& City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates --page 2-- Animal Control Agreement THIS AGREEMENT, made of day of November 2012, by Companion Animal Control LLC, 457 Sixth Street North, Bayport, MN 55003, hereinafter referred to as "Humane Officer" or "Contractor", and the City of Lake Elmo, Minnesota, hereinafter referred to as "City" Whereas, the City is desirous of utilizing an independent contractor to perform certain animal control services as provided herein. WITNESSETH, that the Humane Officer and the City, for the consideration stated herein, mutually agree as follows: 1. STATEMENT OF WORK: Contractor shall furnish all labor, equipment, and services performed for the duty as humane officer for the City, as set forth below in an efficient and workmanlike manner in accordance with. this Agreement. Humane Officer shall comply with all federal, state and local laws and ordinances in performing the duties herein. 2. FEE FOR SERVICE: The City will pay the Humane Officer for performance of this Contract, in current funds for the services set forth herein: a. A monthly 24 hour per day, 7 day a week availability retainer of Five Hundred Dollars ($500.00) per month for the recovery of dogs & cats as directed by the members of the Washington County Sheriff's Office, City Council, City Cleric (as a licensing official), or City Administrator. This availability retainer is for all expenses and time (including mileage) incurred in the recovery of dogs & cats, the completion of any reports, assistance with law enforcement efforts and the administration of any matters involving dangerous or potentially dangerous dogs. b. Thirty Dollars ($30) pick-up and delivery fee per animal (dog or cat) recovered and delivered to the local Humane Society Animal Shelter located in Woodbury,MIN during regular business hours defined as 7 AM—7 PM. c. Forty-five dollars ($45) pick-up and delivery fee per animal (dog & cat) recovered and delivered to the local Humane Society Shelter located in Woodbury, MN after 7 PM and before 7 AM. d. S60 Dollars ($60) for pick-up and delivery fee per animal (dog & cat) recovered and delivered to the local Humane Society Shelter located in Woodbury, MN on a major holiday (Easter, Memorial Day, Labor Day, Thanksgiving, Christmas); e. The Humane Officer will not be required to recover or subdue any animal other than dogs & cats. The Humane Officer will not carry or utilize a firearm in the course of her work unless approved in writing by the City. £ Invoices and requests for payment shall be in a form approved by the City and shall be processed in accordance with the City's routine payment schedules. 3. CONTRACTOR'S DUTIES: Contractor shall, upon. request of the members of the Washington County Sheriffs Department Office, City Council, City Clerk, or the City Administrator, take all reasonable steps to catch and take into custody any dog or cat believed to be stray, at large or in violation of any City Ordinance or Minnesota State Statute. All apprehension of dogs or cats directed by the aforementioned shall 2 be treated humanely. Every effort shall be made to return the animal to its rightful owner at which time a citation shall be issued for violation of the City's leash law. In the event that the animal cannot be returned to its owner,the animal shall be delivered. into the custody of Humane Society Animal Shelter in Woodbury MN or other certified animal receiving facility as designated by the City of Lake Elmo. The Contractor agrees to comply with all state laws regarding waiting periods. The Contractor shall supervisc the publication of notice when an animal has been picked up. Contractor shall maintain reasonably adequate books and records of its activities hereunder and make those available to the City upon request. Contractor and the City shall conduct a quarterly review for the purpose of determining the effectiveness of the animal control program, review program costs and implement continuous improvement measures. Contractor shall assist the City in its construction of all animal-related ordinances or procedures to flisure humane treatment. 4. INDEMNIFICATION: Contractor, on behalf of herself and her insurers, agrees to indemnify and hold the City harmless against all claims, losses, causes of action, and expenses, including legal expenses, relative to Contractor's performance of this Contract. The City shall not be liable for any loss suffered by the Contractor due to personal injury or because of damage to, or destruction of, any property, or any loss of profits or other consequential damage or any inconveniences resulting from the theft, damage to, or destruction of personal property. City may, at its option,but with no obligation to do so, obtain insurance covering Contractor against liability to third 3 parties relative to Contractor's performance of this Contract. Contractor shall be solely responsible for obtaining at her own expense, any insurance coverage which she may desire insuring herself against personal injury or property damage. Contractor shall indemnify and defend the City with respect to all claims, demands, losses, lawsuits settlements, penalties and other charges arising out of or relating to the acts of the contractor arising out of or relating to its work for the City including reasonable attorney's fees. Contractor shall comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality. Contractor will immediately report to the City any requests from third parties for information. The City will immediately notify Contractor of any requests from third parties or the City for information. Contractor shall furnish and maintain in force and effect a comprehensive general liability insurance policy in a form satisfactory to the City. It shall be in the amount of not less than $300,000 and shall name the City as additional insured and require notice to the City before any cancellation or modification. 5. LEGAL STATUS: The parties agree that the Contractor is in full control of the manner in which the work is pursued and the Contractor shall not receive health insurance, worker's compensation insurance, salary, retirement benefits, PERA benefits, or any other fringe benefits offered to employees of the City and shall, in all respects be deemed an Independent Contractor. 6. TERMINATION: it is further agreed that this in a case of violation, breach or non- performance by Contractor of any of the agreements contained in this Contract, City 4 shall have the right to declare this Contract immediately null and void upon written notice to Contractor. 7. REPRESENTATION: The Contractor represents that she employs others who are properly trained to perform the Contract, and if required by the State, is certified by the State of Minnesota. 8. TERM: This Contract shall become effective upon its execution by both parties and continue month to month, subject to termination upon 60-day advance written notification of termination by either party. No amendment or modification of this Contract shall be effective unless made in writing and signed by both the City and the Contractor. All provisions of this agreement relating to insurance, indemnity and compliance with the Minnesota Data Practices act shall survive termination to the full extent needed for the protection of the City. IN WITNESS THEREOF, the parties have executed this Contract as the City of Lake Elmo, Minnesota, on the day and year first above written. Brittany Foley,Member Companion Animal Control, LLC CITY OF LAKE ELMO By: Mayor Attested by: City Clerk 5 THE CITY OF A LAKE ELMO MAYOR COUNCIL COMMUNICATION DATE. Novenil)er 20, 2012 REGULAR ITEM #: 14 MOTION AGENDA ITEM: Application for Council Vacation January 2013 SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Pro Tem Emmons REVIEWED BY: Dean Zuleger, City Administrator SUMMARX' AND ACTION REQUESTED- Results of the 2012 City of Lake Elmo local election will create a one two-year teen vacancy when Mayor-Elect Mike Pearson takes office on January 2,2012. State Statutes define a process where a City Council considers candidates for a vacancy by a defined process and then votes. If there is a clear majority, that candidate is selected. If there is a tie, the Mayor is at liberty to decide who will fill the vacancy, including non-candidates. The Council is asked to recommend the use of a standard application to allow for interested candidates to apply for the vacancy. BACKGROUND INFORMATION: Typically, MN Cities fill Council vacancies via the use of an application and interview process, The City of Lake Elmo currently uses this process to select Planning Commissioners, Park Commissioners, and Library Board members. In an effort to make sure that the most qualified candidate is selected, an application must be constructed that allows all Council members the best look at the individual before determining who will fill the vacancy. STAFF REPORT: Per consultation with Mayor-Elect Pearson, the Administrator has developed a Council application that has at its heart three components: 1. Intent of Public Service; 2. Vision of Policy; 3. Fields of Interest. The application specifically looks at motivation for public service, opinions on growth, and gains a success on a candidate's priorities. There is also a distinguishing characteristic question offered to gain insight on team-building and style, RECOMMENDATION: Based on the aforementioned info, the staff recommends the following: --page 1 -- City Council Meeting [Regular Agenda Item 14] November 20,2012 Motion: Adopt the City of Lake Elmo Council Application with a distribution strategy that includes standard City communication vehicles &newspaper/media distribution with an application deadline of December 15`h 2012. ATTACHMENTS: City of Lake Elmo Council Application SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff.............................................Mayor Facilitates - Public Input, if Appropriate.................................................... Mayor Facilitates - Call for Motion ...............................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates --page 2 -- THE CITY OF LAKE ELMO City of Lake Elmo Council Application Name Address Phone: Email: Years Lake Elmo Resident: Occupation:__.,._ Education: Previous Gott / Non-Profit Experience Getting to Know You What do you believe the role of local government should be? What do you believe our role as a City Council member should be? What do you think are the most impart-ant issues facing Lake Elmo in the next two years? Five years? What are your thoughts on haw Lake Elmo should approach growth? What are your thoughts on regional collaboration and partnership: Please Rank the Following Disciplines of Local Government from 1-9 in Order of Importance M You (1= Most Important, 9 e Least) Public Safety Street Maintenance Financially Sustainable Growth Environmental Protection Parks & Recreation � Financial Stewardship Water & Suer Services Traffic Safety _ Quality of Life (Library, Rec Center,shopping,Dining' Other Describe Your Decision-Making Stele By Checking Ali That Apply: Collaborative, Team Oriented Individualized Fact-based, Thoughtful Analysis _ Debate-based What the ONE WORD that describes what you will bring to the City Council that will distinguish you from other candidates? Name Date THE CITY OF LAKE ELMO MAYOR & COUNCIL COMMUNICATION DATE: November 20, 2012 REGULAR ITEM#: 15 MOTION AGENDA ITEM: Adoption of the 2013 City of Lake Elmo Plan of Work SUBMITTED BY: Dean Zuleger, City Administrator THROUGM Mayor Pro Tem Emmons REVIENN"ED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: The City of Lake Elmo is in the process of improving its operations and communication with taxpayer-residents. Vital in this process is a clear understanding of what will be expected from local government in the coming year. Through a series of meetings, retreats, and conversations a plan of work has been adopted to clearly define the scope of work that will be undertaken by both the City Council and appointed staff of Lake Elmo, The 2013 Plan of Work is founded in five governing principles in thirteen distinct disciplines of work that produce 59 measureable goals. The Council is asked to adopt this Plan of Work prior to the adoption of the 2103 City Budget on December 11, 2012. BACKGROUND INFORMATION: A large part of 2012 was spent on re-aligning the City budget with critical program functions in an effort to truly understand the cost of doing the taxpayers business. In addition, a concerted effort was made to define the most important goals & objectives of each department / segment of work. The re-alignment of the budget and the definition of priorities is the first step to adopting a performance based budget that allocates resources to the right areas. In addition, while the engineering and planning functions have always provided an outlook for the City Council to review, other functions have not. The 2013 Plan of Work is a holistic look at the operational expectations of the City of Lake Elmo. STAFF REPORT: The 2013 Plan of Work has at its foundation five basic precepts: 1. Work must be pro-active and taxpayer-centered; 2. The program must add value to the community; 3. Operations must be efficient, stable and fair; 4. Programs must be cross-functional and team-based; 5. Staff members must be allowed to demonstrate expertise in their individual fields. These five precepts are based on the tenants of policy governance and meant to major on the major issues while efficiently handling the minor issues of day to day operation. Further, precepts 1, 2, and 3 are meant to minimize personal agendas and politics. Precepts 4 and 5 are to --page 1 City Council Meeting [Regular Agenda Item 1.5] November 20,2012 allow for the proper use of staff resources and leverage the talent of the staff responsible for execution. These five precepts were then applied against 13 divisible discipline (or categories) of work that represent the key undertakings of the Council and staff in 2013. A mission statement was developed for each discipline that will be used as a precursor for performance based budgeting in 2014. Underneath each discipline, 1-6 key goals and objectives were developed that must be substantially completed in 2013. Upon approval, balanced scorecards including staff responsibility will be assigned to each goal with Key Success Factors noted. The Plan of Work will be used to measure both organizational and.individual performance. RECOMMENDATION: Based on the aforementioned summary, the Administrator recommends: Motion: To adopt the 201.3 City of Lake Elmo Plan of Work as presented with Balanced Scorecards, Staff Assignments, Ivey Success Factors completed by January 2, 2013. ATTACHMENTS: 2013 City of Lake Elmo Plan of Work SUGGESTED ORDER OF BUSINESS; - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff............................................. Mayor Facilitates Public Input, if Appropriate......................................- .............. Mayor Facilitates - Call for Motion...............................................................Mayor&City Council. - Discussion.......................................................................Mayor& City Council Action on Motion....................................................................Mayor Facilitates --page 2-- THE' CITY O f AKE ELMO The 2013 City of Lake Elmo Plan of Work has been developed to reflect five core ideas of local government. First, our work must be proactive and taxpayer-centered. Second, the program must add value to the community in all aspects. Third, our operations must be efficient, stable and consistently fair. Fourth, program must be cross-functional and team based.And fifth, staff members must be allowed to demonstrate expertise in their individual fields. The following represents the major goals & objectives in the City of Lake Elmo's major areas of work. ^x^V'P(0. � Z.. .�,. "'� :nw.mmusw+ exncur�✓.;m.�:w,w+.�s.9 rsa.row..varunuvmuurv.waxf.+wrewr.M-. T. .rmexswm:�ww:vrveanr ry .;ix-a`.mnanx g Mission Statement: To provide the citizens of Lake Elmo with the most informed, efficient and transparent "s. customer service experience possible. q 2013 Goals&Objectives 1. Continue to develop a multi-platform information strategy that includes a relevant website, daily, weekly and quarterly news updates, and pertinent mailings on key community issues; 2. Create procedures and standard operating guidelines to insure a 24 hour turnaround response on all taxpayer issues; 3. Establish a consistent method for taxpayer input that includes website polling, citizen surveys, focus groups and neighborhood meetings; 4. Procure and Implement Taxpayer/ Property Tracking Software for more accurate record keeping and taxpayer information.; 5. Extend the cable franchise for maximum utilization for consumers and public access broadcasting. 6. Explore implementing the Speak Your Peace civil dialogue project in cooperation with Jaycees and Rotary 95'Cx I �z � Mission Statement To thoughtfully adopt a City-wide Comprehensive Plan that maintains the open space character of the community while balancing attractive, sustainable growth opportunities that meet the requirements of the Metropolitan Council. 2013 Goals & Objectives 1. Adoption of the Comprehensive Plan for both the 1-94 Corridor and Old Village; 2. Adoption of Architectural Design Standards and Forms Based Codes; 3. Development of a "community theme"that produces continuity and identity between the three major planning areas and emphasizes sustainability; 4. Streamline & Improve Policies/Procedures for the handling of routine land matters including but not limited to variances, site plan review, setbacks et al; 5. Achieve 10-20% quantitative easing in Met Council REC Unit mandates and extend deadlines to 2040; 6. Successfully appeal Nass Detachment Case at Appellate Level. I*+ - / .ne r:,sea"x,wuwart%w�wFu'bvmxvvMimzcmtmxw'rw'ivrm.-.�u '.vw a_ _ •.. n_mrtecidvuuerw wAvasixtvr vanre IrWmakWwsn i Mission Statement: To create a City Code that is based on the development of an orderly community, reflects state-of the-art municipal governance, and can be fairly understood and applied to the matter regulated. To create a record retention system that provides orderly access and transparency. 2013 Goals&Objectives 1. Update and Amend Section 130 of the Code regarding "Nuisance"; 2. Update and Amend Section 151 of the Code regarding the use of"Signs"; 3. Update and Amend Section 95 of the Code regarding "Animals"; 4. Convert paper files from years 2000-2012 to Laserfiche record retention. T Jf'r�nmror'voo::.mnrr�innwro✓ :ww p��^+kY .,r ! \ v` �: n:rwwmaamnv:mm --m.xwwwwvxurizxrmimmr,«.w nrv,rwcavawweemgcunamwwn.mao:S' sg%+ir SR2W .i„rommna.2 Y 11t�ifi11bd1.NE�C*�'"Y'+= Mission Statement: To efficiently steward the tax dollars and other resources of the City of Lake Elmo in a k k manner that eliminates waste and that maximizes the investment of our residents. f 2013 Goals & Objectives 1. Approved Financial Policies in the areas of Undesignated Fund Balance, Debt Service Ratio, Repayment of the Internal Planning Loan, and Refinancing of Current Debt; 2. Adopt Pro Forma Financing Plan for the Installation of New Utilities; 3. Implement Performance Based Budgeting for the 2014 Budget; 4. Complete New Water and Sewer Rates Prior to the 2013 Summer Billing Cycle; 5. Complete Audit by May 15t"/Maintain Aa2 Bond Rating 6. Implementation of no-risk developer agreements, escrow policies and surety bonds to eliminate taxpayer risk through development y.' - i „•,....,a-..w.c �.am�wvwcs�. .-�.x,..�. -n.¢.duo—r+�nxeo--„�„.-.::<_K..,,�w�,.,on� Mission Statement: To provide the resources and manpower to sufficiently protect taxpayers and their x. property values from harm. 2013 Goals& Objectives Yw 1. To increase traffic enforcement to improve roadway safety and mitigate the volume hazard caused by cut-through, commuter traffic; 2. To modernize the fire fleet through purchase or contractual arrangement that ensures state-of-the art fire suppression and maximizes firefighter safety; 3. To reduce the number of nuisance properties by 80% by the end of fiscal year 2013; 4. Convert from Washington County to Contracted Humane Officer for Animal Control; 5. Begin the Train Whistle Quiet Zone Application Process; 6. Improve permit review time to 5 working days or less. � � w �, r _= '. \'' �\ y*,-�;,:mm+w-:..�.:,�r.�.-s�.�: .....:.yes,.,�-or..nm:F—x�.K.::m..,,.r.�.N......�:.�...,��..�.,.�.�...:,�.mM.eM ea..•..:..-.,;�.a,..,,,a ,�" �-...iy„�"��.�,.-..c+aeiu.�.�..,.M.....�s„ �sa✓Wwr.�v_.c� �.-�� "�"'.i.,ar Mission Statement: To construct and maintain efficient infrastructure (streets and utilities)for the purpose; % of providing safe thoroughfares, potable drinking water, and the elimination of waste. 2013 Goals& Objectives 1. Revise and implement 7 Year Road Maintenance Plan that includes appropriate treatments such as crack fill, chip seal, overlay, re-use/reconstruct; 2. Bid & Construct sewer extension from the Cottage Grove intercept to the Old Village; 3. Construct Keats Ave. trunk water main to relieve head pressure and improve water quality; 4. Negotiate interim water supply agreement with Oakdale to serve the 1-94 corridor. Design Inwood trunk water main extension to 1-94 corridor; 5. Negotiate the extension of sewer from Oakdale to the Tri-Lakes area; 6. In cooperation with waste haulers, develop a community-wide recycling program that utilizes single-stream recycling, a centralized drop-off for over-sized items, and continual education; 7. Develop 201 sanitary system access/rehabilitation plan. Y EAu:%G.i^atl�R�Y�rn� e.'ir�i!:4 Mission Statement: To allow Lake Elmo to develop as a community in an environmentally sustainable x l E manner at a pace that reflects "open space" character and marketplace realities. 2013 Goals & Objectives: 1. Create an Economic Development Authority with business community representation; 2. Approve Sustainability/Themed Residential Development Along the I-94 Corridor; 3. Develop Business Improvement District in the Old Village District—Establish TIF District; 4. Create Community image/ Branding Campaign that emphasizes open space character. (fresh) �F c r � \ _. .�, .✓ aw,.,,.,.,..�ex .,�.n...:,.a .w+ea.ur,��...,..r,. n,..:�.swru.,.T.e-,..,.,.,,,.,Y.,„�..-.,._�.._�4..�ww.H:,wwv„.r.�.,.-ems.,-�..,.T. ....�.; Mission Statement: To develop efficient and safe local transportation policy that allows for orderly, lawful traffic flaw. r, 2013 Goals &Objectives: 1. Develop and recommend a Highway 36 corridor plan; 2. Complete Highway 5 Road Safety Audit; 3. Articulate and Extend Lake Elmo Avenue Traffic Enforcement/ Red Zone Policing; 4. Partner & Enhance Washington County's Manning Avenue Re-Construction Plan. An a 777 Mission Statement: To provide for an orderly process that allows for all Lake Elmo residents to exercise - i. their right to vote. 2013 Goals& Objectives: 1. Add two voting precincts in anticipation of the 2014 elections. t�o�«,.c:,m^'�,'..�w,mom- `�,m.+s, =L,r M wms�o:•.�w-: x :x nRa�'xc xama:" --.w,.,.�:a•.--¢::`�u�viv-.%��.:. ,.'ti'�. a'."mac-a3r�.' 2. 37 MISSiOn S$atemen$: To develop a comprehensive and fully accessible park, recreation and trail plan that 1 provides use opportunities for all citizens. 2013 Goals&Objectives: 1. Complete Park Usage Survey (500 sampled) 2. Full Implementation of Park Maintainer 3. 2014-2019 Park Capital Improvement Plan Adopted 4. Begin Grant Process for Phase I of Trail Plan Implementation .'•,�'Y.,. H n,.R �.,. T, „_ :. \ Y'/ \ -.#.e+.:::.m: o.o,.w.>+kwwan�awe+awevrcw`^vccer+wxwamun,ro.m mxxm.,e.�.sanvw»ivnrmmam:aava� Mission Statement: To protect the natural resources of the City of Lake Elmo through carefully policy 4 development, deliberate advocacy for clean groundwater, drinking water and surface water, and proper i 3 mana ement of storm water. z; 2013 Goals &Objectives 1. Work with USEPA, MNDEED, MPCA to secure funds/grants to alleviate infrastructure costs associated with the provision of clean drinking water to our taxpayers as a result of the 3M groundwater contamination —Continue to Pursue Economic Remedies of 3M Contamination; 2. Create wetland and woodlands overlay districts within land use map; 3. In cooperation with waste haulers, develop a community-wide recycling program that utilizes single-stream recycling, a centralized drop-off for over-sized items, and continual education; 4. Work with Washington County and the Valley Water Branch District to mitigate current surface water flooding issues associated with the Did Village. w Mission Statement: To create a lean and efficient government that properly stewards taxpayer dollars and s resources. 2013 Goals&Objectives 1. Complete 30 standard operating procedure protocols in six disciplinary areas using key success factor looping; 2. Paperless Council & Planning Commission Meetings by 3rd Quarter 2013. Mam s. Mission Statement: To establish the public trust in policy-making by creating a productive, trust-base r meeting process that is relevant to the issues at hand and civil in dialogue. 1 z, 2013 Goals & Objectives 1. Complete 24 policy-focused meetings & 10 technically-based workshops; 2. Create a citizen based Committee structure utilizing the expertise of the community; 3. Complete an error free, sound record-keeping and technically sound broadcast of all affected Planning Commission and City Council meetings.